The Criminal Justice Act 1991 (Commencement No. 2 and Transitional Provisions) Order 1991

Made: 27th November 1991

The Secretary of State, in exercise of the powers conferred on him by section 102(2) and (3) of the Criminal Justice Act 1991[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Order:

1

This Order may be cited as the Criminal Justice Act 1991 (Commencement No. 2 and Transitional Provisions) Order 1991 and shall extend to Scotland only.

2

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• (1) Subject to paragraph (2) below, section 26(3) of the Criminal Justice Act 1991 (“the 1991 Act”) shall come into force on 9th December 1991.

• (2) Section 26(3) of the 1991 Act shall not come into force insofar as it would, apart from this paragraph, have effect with respect to the penalty provided by section 10(2)(b) of the Badgers Act 1973[^f00002], immediately before 9th December 1991, for an offence under section 9(3) of that Act (contravention of, or failure to comply with, terms of licence).

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 27th November 1991

Explanatory note

(This note is not part of the Order)

This Order brings into force, for Scotland, on 9th December 1991 section 26(3) of the Criminal Justice Act 1991 (c. 53), which substitutes increased penalties for offences under the Badgers Act 1973 (c. 57). It preserves the existing penalty for an offence under section 9(3) of the Badgers Act 1973, for which no provision would otherwise exist after the coming into force of section 26(3) of the Act of 1991.

Footnotes

[^f00001]: 1991 c. 53.

[^f00002]: 1973 c. 57; section 9 is as amended by section 4 of the Badgers Act 1991 (c. 36).