With two exceptions, all provisions in the Act were commenced on 6 April 2008. The exceptions are:
Section 2(1 )(d) which extends the offence to duties of care relating to those detained at a custodial institution or in a custody area at a court or police station; detained at a removal centre or short-term holding facility; being transported in a vehicle, or being held in any premises, in pursuance of prison escort arrangements or immigration escort arrangements; living in secure accommodation in which they have been placed; and detained patients. The Government are firmly committed to implementing this provision within three to five years from the time that the new offence was commenced. Where implementation can occur sooner with respect to certain organisations, we will put the necessary arrangements in place to achieve this and will keep Parliament updated of any developments in this regard. As stated in our first report to Parliament in July last year, all the custody providers in England and Wales, Northern Ireland and Scotland are working towards the provisions being commenced by April 2011.
Section 10 which provides for the court to require a publicity order. We will implement this section following the issue of a guideline from the Sentencing Guidelines Council since this is a new disposal where we felt it important for guidance to be in place from the outset.