The Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004

• Citation: S.I. 2004/2540
• Sections: 5

Section 1 Citation, interpretation and commencement

(1) This Order may be cited as the Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004.

(2) In this Order—

“the 2001 Act ” means the Criminal Justice and Police Act 2001;

“the 2002 Act ” means the Police Reform Act 2002.

(3) This Order, so far as it inserts an entry relating to the Fireworks Act 2003, shall come into force on the fourteenth day after the day on which this Order is made.

(4) This Order, so far as it does not come into force in accordance with paragraph (3), shall come into force on 1 st November 2004.

Section 2 Amendment of Criminal Justice and Police Act 2001

(1) The Table in section 1(1) of the 2001 Act shall be amended in accordance with the following provisions of this article.

(2) After the entries relating to the British Transport Commission Act 1949 there shall be inserted the following entry—

(3) In the entry relating to section 169C(3) of the Licensing Act 1964 —

(a) in the first column for “169C(3)” there shall be substituted “169C(2) and (3)”;

(b) in the second column the words “consumption in a bar in licensed premises by” shall be omitted.

(4) After that entry there shall be inserted the following entries—

(5) After the entry relating to the Criminal Law Act 1967 there shall be inserted the following entries—

(6) After the entry relating to the Public Order Act 1986 there shall be inserted the following entry—

(7) After the entry relating to the Communications Act 2003 there shall be inserted the following entry—

Section 3 Amendment of Criminal Justice and Police Act 2001

In section 3(2) of the 2001 Act after “liable on” there shall be inserted “summary”.

Section 4 Modification of powers exercisable by police civilians

Paragraph 1(2)(a) of Schedule 4 to the 2002 Act (powers exercisable by police civilians) is to have effect as if the reference to the powers there mentioned did not include those powers so far as they relate to an offence under any of the following provisions—

(a) section 1 of the Theft Act 1968;

(b) section 87 of the Environmental Protection Act 1990.

Section 5 Modification of powers exercisable by accredited persons

Paragraph 1(2)(aa) of Schedule 5 to the 2002 Act (powers exercisable by accredited persons) is to have effect as if the reference to the powers there mentioned did not include those powers so far as they relate to an offence under any of the following provisions—

(a) section 1 of the Theft Act 1968;

(b) section 1(1) of the Criminal Damage Act 1971;

(c) section 87 of the Environmental Protection Act 1990.