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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2001 No. 919 (C. 33)

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

FAMILY LAW, ENGLAND AND WALES

The Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001

  Made 8th March 2001 

In exercise of the powers conferred on him by sections 76(4) and 80 of the Criminal Justice and Court Services Act 2000[1], the Secretary of State hereby makes the following Order:

     1. This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001.

    
2. The following provisions of the Criminal Justice and Court Services Act 2000 shall come into force on 1st April 2001 - 

     3.  - (1) For the year ending 31st March 2001 the amendments to the Audit Commission Act 1998[3] brought into force by article 2(e) above shall have effect to require each local probation board to arrange to make up and approve the accounts in accordance with the requirements of the Audit Commission Act 1998 and the Accounts and Audit Regulations 1996[4] (which have effect as if made under that Act) of any probation committee whose probation area forms, immediately before the creation of that local board, all or part of its area.

    (2) In this article, "probation committee" means a probation committee constituted under section 3 of the Probation Service Act 1993[5] as it has effect immediately before 1st April 2001.

     4. In consequence of article 2(f)(iv) above (which brings into force provisions which alter the terminology in Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000), and until paragraph 199(10) of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force for all purposes, paragraph 7(4) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 shall have effect as if the reference to "community service orders" were a reference to "community punishment orders" and as if the reference to "any other community service order" were a reference to "any other community punishment order".


Jack Straw
One of Her Majesty's Principal Secretaries of State

Home Office
8th March 2001



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force Chapters I and II, and those sections of Chapter III which did not come into force on royal assent, of Part 1 of the Criminal Justice and Court Services Act 2000 on 1st April 2001. Those provisions establish the National Probation Service for England and Wales and the Children and Family Court Advisory and Support Service and make other provisions necessary for the new services to carry out their functions. The Order brings into force on the same date sections 43, 44 and 45 of the Act, which rename certain community orders, and sections 54 and 55, which bring in new provisions for breach of community orders and for their regulation.

The Order also brings into force sections 67, 68, 69 and 73 of the Criminal Justice and Court Services Act 2000 on 1st April 2001. Sections 67 and 68 place duties on the police and local probation boards to act jointly to make arrangements for assessing and managing the risks posed by certain high risk offenders, and to report each year about how they have discharged those duties. Section 69 requires local probation boards to take steps to enable victims of certain violent or sexual offenders to make representations about the offender's release conditions, which boards must pass on to the person responsible for setting those conditions, and to enable such victims to be told of any release conditions and to be given other information that is considered appropriate. Section 73 adds a person nominated by a chief education officer of a local authority to the list of people who can be named as a responsible officer in a parenting order under section 8 of the Crime and Disorder Act 1998.

The Order also brings into force related minor and consequential amendments and repeals on the same date and makes transitional arrangements for dealing with the accounts of probation committees up to the date when they ceased to exist and for updating references in consequence of the renaming of certain community orders.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Criminal Justice and Court Services Act 2000 have been brought into force by the Criminal Justice and Court Services Act (Commencement No. 1) Order 2000 (S.I. 2000/3302), the Criminal Justice and Court Services Act (Commencement No. 2) Order 2001 (S.I. 2001/340) and the Criminal Justice and Court Services Act (Commencement No. 3) Order (S.I. 2001/562).

Provision Date of Commencement S.I. No.
Part II 11th January 2001 S.I. 2000/3302
Section 56 1st February 2001 S.I. 2000/3302
Section 62 1st February 2001 S.I. 2000/3302
Section 63 (in part) 1st February 2001 S.I. 2000/3302
Section 65 1st March 2001 S.I. 2001/340
Section 72 1st March 2001 S.I. 2001/562
Schedule 4 11th January 2001 S.I. 2000/3302
Schedule 7 (in part) 11th January 2001 S.I. 2000/3302
Schedule 8 (in part) 11th January 2001 S.I. 2000/3302


Notes:

[1] 2000 c. 43.back

[2] 2000 c. 6.back

[3] 1998 c. 18.back

[4] S.I. 1996/590.back

[5] 1993 c. 47.back



ISBN 0 11 028985 4


 © Crown copyright 2001

Prepared 20 March 2001


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