(1)Subject to subsections (2) and (3), Her Majesty may by Order in Council extend any provision of this Act, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.
(2)Subsection (1) does not authorise the extension to any place of a provision of this Act so far as the provision amends an enactment that does not itself extend there and is not itself capable of being extended there in the exercise of a power conferred on Her Majesty in Council.
(3)Subsection (1) does not apply in relation to any provision that extends to the Channel Islands or the Isle of Man by virtue of any of subsections (10) to (13) of section 337.
(4)Subsection (4) of section 330 applies to the power to make an Order in Council under subsection (1) as it applies to any power of the Secretary of State to make an order under this Act, but as if references in that subsection to the Minister making the instrument were references to Her Majesty in Council.
Modifications etc. (not altering text)
C1S. 338 extended (1.5.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 151(2)(c), 153(3)
C2S. 338 power modified (13.3.2014) by Offender Rehabilitation Act 2014 (c. 11), ss. 22(2), 23(7)
C3S. 338 modified (12.2.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 95(1), 97(3)
C4S. 338 power extended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3)(8); S.I. 2012/1236, reg. 2
C5S. 338 power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(g), 87(3)(c)
C6S. 338(1) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 181(7), 182(1)(f) (with s. 180, Sch. 22)
C7S. 338(1) power applied (12.2.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 26(7), 27(1)(c)