The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential Amendments) Regulations 2013

Made: 15th April 2013

Laid before Parliament: 22nd April 2013

Coming into force: 20th May 2013

The Secretary of State makes the following Regulations in exercise of the power conferred by section 149(1) and (2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00001].

Citation and commencement

1

These Regulations may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential Amendments) Regulations 2013 and come into force on 20th May 2013.

Amendments to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002

2

In the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002[^f00002]—

• (a) in Article 2 (amount of penalty payable in respect of a penalty offence) omit “by a person aged 16 or over at the time he committed the penalty offence”;

• (b) omit Article 3 (amount of penalty payable in respect of a penalty offence by a person aged under 16);

• (c) in Part I of the Schedule, in the heading, omit “for Persons Aged 16 or Over, and £40 for Persons under 16”; and

• (d) in Part II of the Schedule, in the heading, omit “for Persons Aged 16 and Over, or £30 for Persons under 16”.

Amendments to the Railway Safety Accreditation Scheme Regulations 2004

3

In the Schedule to the Railway Safety Accreditation Scheme Regulations 2004[^f00003]—

• (a) in paragraph 1(2)(b) omit “in uniform”; and

• (b) in paragraph 11 omit “in uniform and of an authorised constable”.

Signed

Signed by the authority of the Secretary of State

Jeremy Wright — Parliamentary Under Secretary of State — Ministry of Justice — 15th April 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made under section 149(1) and (2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the Act”).

Regulations 2 and 3 make amendments which are consequential on Section 132 of, and Schedule 23 to, the Act (penalty notices for disorderly behaviour). The Act makes a number of amendments to provisions on penalty notices for disorderly behaviour. These include providing that a penalty notice can no longer be given to a person aged under 18, removing the requirement that a constable giving a penalty notice to a person other than at a police station no longer needs to be in uniform and removing the requirement for authorised constables to give a penalty notice at a police station.

Regulation 2 of these regulations amends the provisions in the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 by removing references to persons aged below 18. Regulation 3 amends the provisions in the Schedule to the Railway Safety Accreditation Scheme Regulations 2004 to omit references to a constable being in uniform and a reference to authorised constables.

Footnotes

[^f00001]: 2012 c.10.

[^f00002]: S.I. 2002/1837. Article 2 was amended by S.I. 2004/2468 and 2004/3371. Article 3 was inserted by S.I. 2004/3371. Part I of the Schedule was substituted by S.I. 2009/83. Part II of the Schedule was substituted by S.I. 2009/83 and amended by 2012/1431.

[^f00003]: S.I. 2004/915. Paragraphs 1 and 11 of the Schedule were amended by S.I. 2004/1573.