Part 5 Miscellaneous

Part 5 Miscellaneous

Validity of provision deriving from secondary legislation

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Any question as to the validity of paragraph 30 of Schedule 25, which derives from paragraphs 7 and 9 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059), is to be determined as if that paragraph were contained in a statutory instrument made under the powers under which that order was made.

Powers to make consequential etc provision

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On and after the commencement date, any power (however expressed) that was exercisable immediately before that date—

(a)     to make consequential, supplementary or incidental provision in relation to a provision that is restated in the Sentencing Code (a “restated provisionâ€), or

(b)     to make transitional, transitory or saving provision in relation to a restated provision,

is exercisable instead in relation to the corresponding provision of the Code.

Exercise of powers in relation to pre-commencement offences

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(1)     The following powers may, despite section 2, be exercised in relation to an offence of which the offender is convicted before the commencement date (a “pre-commencement

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