Commentary on provisions of Act Section 5: Commencement, extent and short title
Subsection (1) confirms that, to enable regulations to be made under section 1(5)(b) and section 2(2), the Sentencing (Pre-consolidation Amendments) Act comes into force on Royal Assent. Subsections (2) and (3) of section 5 confirm that the clean sweep and any exceptions to it in Schedule 1 or regulations under section 1, and the pre-consolidation amendments in Schedule 2 and any further amendments made under section 2, do not come into force unless a consolidation of the legislation relating to sentencing – in practice, the Sentencing Code - is enacted and that if the Code is enacted those provisions will come into force immediately before the consolidation date (i.e. the date at which the Code comes into force). Section 5(3) also provides that those provisions will only relate to an offence of which a person is convicted on or after the date that the Code comes into force. 3
	Subsection (8) replicates the power conferred by section 338 of the Criminal Justice Act 2003 to allow for the pre-consolidation amendments in Schedule 2 and any further pre-consolidation amendments made under section 2 in relation to the Criminal Justice Act 2003 to be extended to the Crown Dependencies.
	Subsections (9) – (11) of section 5 directly extend the pre-consolidation amendments of armed forces legislation (the Armed Forces Act 2006 and legislation applied by or under it) contained in Schedule 2, and any further pre-consolidation amendments made under section 2, to the Isle of Man and British overseas territories (except Gibraltar), and also replicate the power conferred by section 384 of the Armed Forces Act 2006, which allows for any of the provision of that Act to be extended to the Channel Islands.
	Section 5 also sets out the territorial extent of the Act (see paragraphs 17 to 19 above).