The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 9, Saving Provision and Specification of Commencement Date) Order 2014

Made: 26th February 2014

The Secretary of State makes the following Order in exercise of the powers conferred by sections 141(12) and 151(1) and (5)(b) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00001]:

Citation and interpretation

1

• (1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 9, Saving Provision and Specification of Commencement Date) Order 2014.

• (2) In this Order—

• (a) “the 1974 Act” means the Rehabilitation of Offenders Act 1974[^f00002];

• (b) “the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

• (c) “road traffic endorsement” means an order for endorsement made by a court in relation to an offence mentioned in Schedule 2 to the Road Traffic Offenders Act 1988[^f00003] (which is a sentence in relation to which the last entry in Table A in section 5(2) of the 1974 Act[^f00004] applies).

Provisions coming into force on 10th March 2014

2

Subject to article 3, the following provisions of the 2012 Act come into force on 10th March 2014—

• (a) section 139 (establishment or alteration of rehabilitation periods);

• (b) section 141 (transitional and consequential provision) in so far as not already in force; and

• (c) Schedule 25 (rehabilitation of offenders: consequential provision) except paragraph 4 (which omits section 3 of the 1974 Act[^f00005]) (special provision with respect to certain disposals by children’s hearings under the Social Work (Scotland) Act 1968)).

Saving provision in relation to road traffic endorsements

3

The provisions brought into force by virtue of article 2 except section 139(5)(b) of the 2012 Act (which omits section 6(6) of the 1974 Act) are of no effect in relation to a road traffic endorsement.

Specification of commencement date for the purposes of section 141(1) to (6) of the 2012 Act

4

The commencement date for the purposes of section 141(1) to (6) of the 2012 Act is 10th March 2014.

Signed

Signed by the authority of the Secretary of State

Jeremy Wright — Parliamentary Under Secretary of State — Ministry of Justice — 26th February 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the ninth commencement order made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the 2012 Act”).

Article 2 brings into force on 10th March 2014 sections 139 and 141(1) to (6), (10) and (11) of the 2012 Act together with Schedule 25 to that Act (with the exception of paragraph 4). Those provisions make amendments to the Rehabilitation of Offenders Act [1974 (c. 53)](https://www.legislation.gov.uk/ukpga/1974/53) (“the 1974 Act”) and make consequential amendments to other legislation. Article 2 is subject to the saving provision in Article 3.

Article 3 makes saving provision for an endorsement given by a court for an offence mentioned in Schedule 2 to the Road Traffic Offenders Act [1988 (c. 53)](https://www.legislation.gov.uk/ukpga/1988/53) (“the 1988 Act”). Such an endorsement is a sentence in relation to which the last entry in Table A in section 5(2) of the 1974 Act applies. The principal effect of this saving provision is that such an endorsement continues to attract a rehabilitation period of 5 years.

Article 3 also provides that the saving provision does not apply to the commencement of section 139(5)(b) of the 2012 Act, which omits section 6(6) of the 1974 Act. The effect of the omission of section 6(6) of the 1974 Act is that summary offences and other offences in that subsection are taken into account when calculating the rehabilitation period under section 6(4) where a person is convicted of a further offence. The effect of article 3 is therefore that a conviction resulting in an endorsement given by a court in relation to an offence mentioned in Schedule 2 to the 1988 Act is affected by the omission of section 6(6) of the 1974 Act in the same way as any other conviction.

Article 4 specifies 10th March 2014 as the commencement date for the purposes of section 141(1) to (6) of the 2012 Act.

Footnotes

[^f00001]: 2012 c. 10.

[^f00002]: 1974 c. 53.

[^f00003]: 1988 c. 53. Schedule 2 to that Act has been amended, in so far as it relates to endorsements, by paragraphs 2, 7, 19, 21, 23 and 30 of Schedule 2 to the Road Traffic Act 1991 (c. 40), section 3(1) of the Aggravated Vehicle-Taking Act 1992 (c. 40) and sections 18(6), 20(4), 21(3) and 28 of the Road Safety Act 2006 (c. 49). Section 56(4) of the Crime and Courts Act 2013 (c. 22) amends Schedule 2 but is not yet in force. There have been other amendments that are not relevant.

[^f00004]: The heading of Table A was amended by paragraph 5(b) of Schedule 8 and paragraph 22(2) of Schedule 12 to the Criminal Justice Act 1991 (c. 53). The last entry in Table A was amended by paragraph 6(2) of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999 (c. 23).

[^f00005]: Section 3 of the 1974 Act was amended, in relation to Scotland, by paragraph 23(2) of Schedule 4 to the Children (Scotland) Act 1995 (c. 36). Section 3 was also modified, in relation to Scotland, by article 2(3) of the Children’s Hearings (Scotland) Act 2011 (Rehabilitation of Offenders) (Transitory Provisions) Order 2013 (S.S.I. 2013/146).