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Departments: Legislation

Volume 463: debated on Monday 3 September 2007

To ask the Secretary of State for the Home Department (1) what legislative provisions introduced by her Department since 1997 have not yet been brought into force; (149561)

(2) what legislative provisions introduced by her Department's predecessors since 1997 have been repealed.

Of the legislation introduced by the Home Office since 1 May 1997, for which Home Office Ministers retain responsibility, only one Act (the Criminal Justice (International Co-operation) Act 1998) has been totally repealed. Many of the others have been repealed or amended in part (as is normal in the ongoing legislative process). But a list of all the provisions repealed since 1997 is not held centrally, and the information could be provided only at disproportionate cost.

The following table lists provisions of Acts for which the Home Office currently has policy responsibility which received Royal Assent since 1 May 1997 which have not yet been brought into force.

Table A

Act

Sections not in force

Anti-Social Behaviour Act 2003

(85(5), Sch 2(2)

Anti-Terrorism, Crime and Security Act 2001

78

Asylum and Immigration(Treatment of (Claimants, etc.) Act 2004

16

Crime (International Co-operation Act 2003

10-12,20-25, 54-75, Sch three, Sch 4

Criminal Justice and Police Act 2001

78(7), 80(2) and (4), Sch six para 21, Sch seven para 6

(Domestic Violence, Crime and Victims Act 2004

19, 12 and Schedules 10, 11 and 12 (in part)

Drugs Act 2005

2

Identity Cards Act

1(1)-(4), 1(5)-(8), 2-24, 27-29, 30, 31-34, 35, 39, 41, 42, 43, Sch 1

Immigration and Asylum Act 1999

16 and 17, 117(5)

Immigration Asylum and Nationality Act 2006

4, 15-18, 20-22, 24-26, 31-39, 44, 47, 50(3) to (6)

Nationality, Immigration and Asylum Act 2002

10(5)(a), 17 and 18 (for certain purposes), 19-34, 35(1) (a)-(g)(i) and (2) and (3), 36, 37, 39, 40(2) and (3), 41(2) and (3), 44-47, 51 to 53, 124

Police and Justice Act 2006

7(1), 14, 7, 19(1)-(9) and (11), 20, 21, 34-38, 39(1)-(3), (5)-(7), 40(l)-(3), (5)-(7), 41 (in part), 43(1), 46 (part) and Schedules three, eight, nine, 11 and 12, and Schedules one, two, five, 13, 14, and 15 (all in part)

Police Reform Act 2002

45

Private Security Industry Act 2001

17, 21

Proceeds of Crime Act 2002

Sch 11 paras 17 and 21, Sch 12

Racial and Religious Hatred Act 2006

No provisions commenced

Serious Organised Crime and Police Act

120, 114(9), 117(part), 162(3), Sch four (part), Sch four(part), Sch nine (part), Sch 10 (part), Sch 14 (part)

Vehicle (Crimes) Act 2001

8, 34, 35, 36, Sch paras one and 2

Violent Crime Reduction Act 2006

l-14, 15-20, 21-22, 27, 31-34, 36-39, 40-41, 43-44, 47, 50 (part, 59, 61, 64, Sch two (part), Sch five (part)

To ask the Secretary of State for the Home Department (1) which Bills introduced by her Department in the last five years have contained sunset clauses; and what plans she has for the future use of such clauses; (151833)

(2) which Bills introduced by her Department in the last five years did not contain sunset clauses; and if she will make a statement.

The following Acts were introduced during the last five years and are still the responsibility of the Home Office:

Nationality Immigration and Asylum Act 2002

Sexual Offences Act 2003

Crime (International Co-operation) Act 2003

Extradition Act 2003

Anti-Social Behaviour Act 2003

Asylum and Immigration (Treatment of Claimants) Act 2004

Domestic Violence, Crime and Victims Act 2004

Prevention of Terrorism Act 2005

Serious Organised Crime and Police Act 2005

Drugs Act 2005

Racial and Religious Hatred Act 2006

Identity Cards Act 2006

Immigration, Asylum and Nationality Act 2006

Terrorism Act 2006

Violent Crime Reduction Act 2006

Police and Justice Act 2006.

Of these, the following contained sunset clauses (i.e. provisions that the proposed legislation or part thereof would cease to have effect automatically after a particular period):

Prevention of Terrorism Act 2005 (section 13)

Terrorism Act 2006 (section 25).

As regards the use of such clauses in future: the appropriateness of a sunset clause for the whole or part of any proposed legislation is considered on a case by case basis. It is also addressed when a regulatory impact assessment relating to legislation is being prepared.