Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
SCHEDULE 9, CONSEQUENTIAL AMENDMENTS - continued

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Administration of Justice Act 1970 (c. 31)
     43. - (1) Part I of Schedule 9 to the Administration of Justice Act 1970 (orders for costs, compensation etc. enforceable as on a summary conviction) shall be amended as follows.
 
      (2) For paragraph 10 there shall be substituted the following paragraph-
 
 
  " 10. Where under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation."
 
      (3) In paragraph 12, for "section 55 of the Children and Young Persons Act 1933" there shall be substituted "section 137 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Attachment of Earnings Act 1971 (c. 32)
     44. In section 3(3C) of the Attachment of Earnings Act 1971 (court's power to make order), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Consumer Credit Act 1974 (c. 39)
     45. In section 119(2) of the Consumer Credit Act 1974 (unreasonable refusal to deliver pawn), for the words from "section 28" to "that section," there shall be substituted "section 148 of the Powers of Criminal Courts (Sentencing) Act 2000 (restitution orders)".
 
 
Solicitors Act 1974 (c. 47)
     46. In section 43 of the Solicitors Act 1974 (control of employment of certain persons), in subsection (7), for the words from "under Part I" to "that Act," there shall be substituted "discharging a person absolutely or conditionally in respect of an offence shall, notwithstanding anything in section 14 of the Powers of Criminal Courts (Sentencing) Act 2000,".
 
 
Rehabilitation of Offenders Act 1974 (c. 53)
     47. In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), in subsection (4), for "section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     48. - (1) Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences) shall be amended as follows.
 
      (2) In subsection (1)(d)-
 
 
    (a) after "life" there shall be inserted "under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "or for a term exceeding thirty months, passed under section 53 of the Children and Young Persons Act 1933" there shall be substituted "or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000".
      (3) In subsection (2), in Table B, for "section 53 of the said Act of 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (4) In subsection (4B), as inserted by paragraph 6(3) of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999-
 
 
    (a) for "Part I of the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (b) for "section 8" there shall be substituted "section 23"; and
 
    (c) for "section 9" there shall be substituted "section 24".
      (5) In subsection (4C) as so inserted-
 
 
    (a) for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (b) for "section 8" there shall be substituted "section 23"; and
 
    (c) for "section 9" there shall be substituted "section 24".
      (6) In subsection (5)(e), for "any provision of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (7) In subsection (6)(c), for "section 19 of the Criminal Justice Act 1948" there shall be substituted "section 60 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (8) In subsection (6A), for "section 73 of the Crime and Disorder Act 1998" there shall be substituted "section 100 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (9) In subsection (9)(b), for "section 53 of the said Act of 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (10) In subsection (10)-
 
 
    (a) for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "the said Act of 1969" there shall be substituted "the Children and Young Persons Act 1969".
     49. In section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in paragraph (d), for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Bail Act 1976 (c. 63)
     50. - (1) Section 2 of the Bail Act 1976 (definitions) shall be amended as follows.
 
      (2) In subsection (1)(c), for "section 30(1) of the Magistrates' Courts Act 1980" there shall be substituted "section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2)-
 
 
    (a) for the definition of "bail hostel" and "probation hostel" there shall be substituted the following definition-
 
    ""bail hostel" means premises for the accommodation of persons remanded on bail,"; and
 
    (b) after the definition of "offence" there shall be inserted the following definition-
 
    ""probation hostel" means premises for the accommodation of persons who may be required to reside there by a probation order,".
     51. In section 3 of the Bail Act 1976 (general provisions), in subsection (9), for "subsection (2) of section 30 of the Magistrates' Courts Act 1980" there shall be substituted "subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     52. In section 4 of the Bail Act 1976 (general right to bail of accused person and others), in subsection (3), for "Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)" there shall be substituted "Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain community orders)".
 
     53. In section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail), in subsection (6A)(a)-
 
 
    (a) after the words "in custody under" there shall be inserted "section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or";
 
    (b) at the end of sub-paragraph (ii) there shall be inserted "or"; and
 
    (c) for sub-paragraphs (iii) and (iv) there shall be substituted the following sub-paragraph-
 
      "(iii) section 18 (initial procedure on information against adult for offence triable either way),".
     54. - (1) Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) shall be amended as follows.
 
      (2) In Part I, in paragraph 8(3)-
 
 
    (a) for "section 30(2) of the Magistrates' Courts Act 1980" there shall be substituted "section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "the said section 30(2)" there shall be substituted "the said section 11(3)".
      (3) In Part III, in paragraph 4, in the definition of "default", for "section 6 or 16 of the Powers of Criminal Courts Act 1973" there shall be substituted "Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
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