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

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Public Passenger Vehicles Act 1981 (c. 14)
     81. In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to qualifications for public service vehicle operator's licence), in paragraph 1(6), for "section 14 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 46 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Attempts Act 1981 (c. 47)
     82. In section 4(5)(b) of the Criminal Attempts Act 1981 (penalties)-
 
 
    (a) for "section 31(1) and (2)" there shall be substituted "section 78(1) and (2)"; and
 
    (b) for "the Magistrates' Courts Act 1980" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
Contempt of Court Act 1981 (c. 49)
     83. In section 12(5) of the Contempt of Court Act 1981 (application of certain provisions in case of contempt of magistrates' court)-
 
 
    (a) at the beginning there shall be inserted "Section 135 of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on fines in respect of young persons) and"; and
 
    (b) for the words ", namely: section 36 (restriction on fines in respect of young persons);" there shall be substituted "; and those provisions of the Magistrates' Courts Act 1980 are".
     84. In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), in the subsection (2A) inserted by the Criminal Justice Act 1982, for "section 17 of the Criminal Justice Act 1982" there shall be substituted "section 60 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     85. In section 16(3) of the Contempt of Court Act 1981 (enforcement of fines imposed by certain superior courts), for "sections 31 and 32 of the Powers of Criminal Courts Act 1973" there shall be substituted "sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     86. In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings are active for purposes of section 2), in paragraph 6, for "section 1 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 1 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Supreme Court Act 1981 (c. 54)
     87. In section 81(1) of the Supreme Court Act 1981 (bail), in paragraph (g)-
 
 
    (a) after the word "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) sub-paragraph (iv) and the word "or" immediately preceding it shall be omitted.
     88. In section 140 of the Supreme Court Act 1981 (enforcement of fines and forfeited recognizances), in each of subsections (3) and (5), for "sections 31 and 32 of the Powers of Criminal Courts Act 1973" there shall be substituted "sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Justice Act 1982 (c. 48)
     89. - (1) Part III of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements (Northern Ireland): persons residing in England and Wales or Scotland) shall be amended as follows.
 
      (2) In paragraph 7(3), for "relevant officers by the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officers by the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In paragraph 9(6)(b), for "relevant officer under the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officer under the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Mental Health Act 1983 (c. 20)
     90. - (1) Section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) shall be amended as follows.
 
      (2) In subsection (1), for "section 2(2) of the Crime (Sentences) Act 1997" there shall be substituted "section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (1A), for "section 3 or 4 of the Crime (Sentences) Act 1997" there shall be substituted "section 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (4) After subsection (1A) there shall be inserted the following subsection-
 
 
    "(1B) For the purposes of subsections (1) and (1A) above, a sentence falls to be imposed under section 109(2), 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000 if it is required by that provision and the court is not of the opinion there mentioned."
 
      (5) In subsection (8) as amended by paragraph 54 of Schedule 8 to the Crime and Disorder Act 1998-
 
 
    (a) for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "section 58" there shall be substituted "section 150".
      (6) In subsection (8) as amended by paragraph 11 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"; and
 
    (b) for "any such order as is mentioned in section 7(7)(b) of the Children and Young Persons Act 1969 or section 58 of the Criminal Justice Act 1991" there shall be substituted "a supervision order (within the meaning of that Act) or an order under section 150 of that Act (binding over of parent or guardian)".
     91. In section 43 of the Mental Health Act 1983 (power of magistrates' court to commit for restriction order), in subsection (4), for "section 38 of the Magistrates' Courts Act 1980" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Telecommunications Act 1984 (c. 12)
     92. - (1) In Schedule 3 to the Telecommunications Act 1984 (penalties and mode of trial under the Wireless Telegraphy Act 1949), in paragraph 3-
 
 
    (a) for paragraph (a) there shall be substituted the following paragraph-
 
    "(a) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (which gives the convicting court in England and Wales power to deprive a person convicted of an offence of property used etc. for purposes of crime); and"; and
 
    (b) in paragraph (b), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "that section".
 
Child Abduction Act 1984 (c. 37)
     93. In the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases), in paragraph 2(1)-
 
 
    (a) for "section 16(3) of the Children and Young Persons Act 1969" there shall be substituted "paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "that Act" there shall be substituted "the Children and Young Persons Act 1969".
 
Repatriation of Prisoners Act 1984 (c. 47)
     94. - (1) In the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain enactments in relation to transferred prisoner), paragraph 2, both-
 
 
    (a) as that paragraph has effect, and is deemed always to have had effect, by virtue of paragraph 2 of Schedule 2 to the Crime (Sentences) Act 1997, and
 
    (b) as that paragraph has effect by virtue of paragraph 3 of Schedule 2 to the 1997 Act,
  shall be amended as follows.
 
      (2) In sub-paragraph (3), at the end of paragraph (b) there shall be inserted "and", and after that paragraph there shall be inserted the following paragraph-
 
 
    "(c) when he began serving his sentence for the purposes of section 116(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000,".
 
Police and Criminal Evidence Act 1984 (c. 60)
     95. In section 17(1) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc.), in paragraph (cb), for "section 53 of the Children and Young Persons Act 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     96. In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), in subsection (6A), in the definition of "sexual offence" and "violent offence", for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
     97. In section 63A(3B) of the Police and Criminal Evidence Act 1984 (supplementary provision as to samples), for "section 53 of the Children and Young Persons Act 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     98. In section 75(3) of the Police and Criminal Evidence Act 1984 (provisions supplementary to section 74), in paragraph (a), for "section 13 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
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