The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 8, Saving and Transitional Provisions) Order 2015

Made: 24th February 2015

The Secretary of State, in exercise of the powers conferred by section 185(1) and (7) of the Anti-social Behaviour, Crime and Policing Act 2014[^f00001], makes the following Order.

Citation and interpretation

1

• (1) This Order may be cited as the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 8, Saving and Transitional Provisions) Order 2015.

• (2) In this Order “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.

Provisions coming into force on 8th March 2015

2

The following provisions of the 2014 Act come into force on 8th March 2015—

• (a) section 113 (sexual harm prevention orders and sexual risk orders, etc);

• (b) section 114 (saving and transitional provision);

• (c) section 115 (use of premises for child sexual offences);

• (d) section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in paragraph (g);

• (e) Schedule 5 (amendments of Parts 2 and 3 of the Sexual Offences Act 2003[^f00002]);

• (f) Schedule 6 (amendments of Part 2A of the Sexual Offences Act 2003); and

• (g) in Schedule 11 (minor and consequential amendments), the following paragraphs—

• (i) paragraphs 51 to 79; and

• (ii) paragraphs 81 and 82.

Provisions coming into force on 8th March 2015 in relation to England and Wales

3

The following provisions of the 2014 Act come into force on 8th March 2015 in England and Wales—

• (a) section 181(1) (amendments), insofar as it relates to the provision of Schedule 11 specified in paragraph (b); and

• (b) in Schedule 11 (minor and consequential amendments), paragraph 80.

Provisions coming into force on 23rd March 2015

4

The following provisions of the 2014 Act come into force on 23rd March 2015—

• (a) Part 1 (injunctions);

• (b) section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in paragraph (f);

• (c) Schedule 1 (remands under sections 9 and 10);

• (d) Schedule 2 (breach of injunctions: powers of courts in respect of under-18s);

• (e) Schedule 7 (Schedule to be inserted as Schedule 4B to the Police Act 1996[^f00003]);

• (f) in Schedule 11 (minor and consequential amendments), the following paragraphs—

• (i) paragraph 1;

• (ii) paragraph 6;

• (iii) paragraph 11;

• (iv) paragraph 17;

• (v) paragraphs 22 to 23;

• (vi) paragraph 24, to the extent not already in force;

• (vii) paragraphs 27 to 29;

• (viii) paragraph 31;

• (ix) paragraph 44, to the extent not already in force;

• (x) paragraph 46;

• (xi) paragraph 49(1) and (2);

• (xii) paragraph 50, to the extent not already in force.

Provisions coming into force on 8th April 2015

5

The following provisions of the 2014 Act come into force on 8th April 2015—

• (a) section 135 (application of IPCC provisions to contractors);

• (b) section 137 (provision of information to IPCC);

• (c) section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in paragraph (d);

• (d) in Schedule 11 (minor and consequential amendments), the following paragraphs—

• (i) paragraph 94;

• (ii) paragraph 95, to the extent not already in force.

Saving provision in relation to the coming into force of paragraph 94 of Schedule 11 to the 2014 Act

6

Notwithstanding the commencement of paragraph 94 of Schedule 11 to the 2014 Act, section 39(9) to (11) of the Police Reform Act 2002[^f00004] and any regulations made under section 39(9) to (11), as in force immediately before the commencement of paragraph 94, continue to apply to a matter but only insofar as that matter does not relate to a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer.

Transitional provisions in relation to the coming into force of section 135 of the 2014 Act

7

• (1) Section 135 (application of IPCC provisions to contractors) of, and paragraph 94 of Schedule 11 to, the 2014 Act apply to a matter which comes to the attention of the appropriate authority on or after 8th April 2015.

• (2) Paragraph (3) applies to a matter which came to the attention of the preceding appropriate authority before 8th April 2015.

• (3) In relation to a matter to which this paragraph applies—

• (a) section 135 of, and paragraph 94 of Schedule 11 to, the 2014 Act do not apply;

• (b) section 39(9) to (11) of the Police Reform Act 2002 and any regulations made under it continue to have effect in relation to that matter.

• (4) In this article, “preceding appropriate authority” is the appropriate authority for the purposes of a matter in relation to which regulations made under section 39(9) to (11) of the Police Reform Act 2002 have effect.

Signed

Lynne Featherstone — Minister of State — Home Office — 24th February 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”).

Articles 2 and 3 bring into force provisions relating to sexual offences prevention orders and closure notices to prevent the commission of child sex offences. Paragraph 80 of Schedule 11 to the 2014 Act is brought into force in relation to England and Wales only.

Article 4 brings into force Part 1 of the 2014 Act (injunctions), related minor and consequential amendments, and Schedule 7 to that Act relating to the Police Remuneration Review Body.

Article 5 brings into force certain provisions relating to the Independent Police Complaints Commission.

Article 6 makes saving provision in relation to the coming into force of paragraph 94 of Schedule 11 to the 2014 Act to preserve the power of the Independent Police Complaints Commission to exercise oversight of contractors under section 39 of the Police Reform Act 2002 in cases which fall outside the scope of its powers under section 135 of the 2014 Act.

Article 7 makes transitional provision in relation to the coming into force of section 135 of, and paragraph 94 of Schedule 11 to, the 2014 Act to the effect that only matters which come to the attention of the appropriate authority on or after 8th April 2015 are handled in accordance with procedures put in place by virtue of section 135 of the 2014 Act, whilst matters arising before this date continue to be handled in accordance with procedures put in place by virtue of section 39(9) to (11) of the Police Reform Act 2002.

Footnotes

[^f00001]: 2014 c. 12.

[^f00002]: 2003 c. 42.

[^f00003]: 1996 c. 16.

[^f00004]: Section 39 was amended by section 99 of, and paragraphs 277 and 294 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13).