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

back to previous text
 
 
Football Spectators Act 1989 (c. 37)
     125. In section 15(4) of the Football Spectators Act 1989 (international football banning orders), for "sections 1A and 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Children Act 1989 (c. 41)
     126. In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children on remand etc.)-
 
 
    (a) for "section 16(3A) or" there shall be substituted "paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or section"; and
 
    (b) for "residence requirement under section 12AA of that Act" there shall be substituted "local authority residence requirement under paragraph 5 of Schedule 6 to that Act of 2000".
     127. In section 31(7) of the Children Act 1989 (care and supervision orders under that Act), for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     128. In section 81(1) of the Children Act 1989 (inquiries), 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".
 
     129. In section 105(6) of the Children Act 1989 (meaning of "ordinary residence"), for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     130. In Part III of Schedule 2 to the Children Act 1989 (contributions towards maintenance of children looked after by local authorities), in paragraph 21(7), 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".
 
     131. - (1) Part III of Schedule 3 to the Children Act 1989 (education supervision orders) shall be amended as follows.
 
      (2) In paragraph 13(2)(c), for "section 12C of the Children and Young Persons Act 1969" there shall be substituted "paragraph 7 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In paragraph 14(1), for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     132. In Schedule 8 to the Children Act 1989 (privately fostered children), in paragraph 3, for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
     133. In section 5(4) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (modifications for cases where accused is not guilty by reason of insanity etc.), for "Section 1A(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "Section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Justice Act 1991 (c. 53)
     134. In section 16(b) of the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for "corresponding" there shall be substituted "certain".
 
     135. In section 23(1) of the Criminal Justice Act 1991 (default in certain cases), for "Tables in section 31(3A) of the 1973 Act and" there shall be substituted "Table in".
 
     136. In section 24(3) of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support), for "section 32 of the 1973 Act" there shall be substituted "section 140 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     137. In section 33(3A) of the Criminal Justice Act 1991 (duty to release prisoners) for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     138. In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)-
 
 
    (a) in paragraph (a), for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (b) in paragraph (c), for "paragraph 3(1)(d) or 4(1)(d) of Schedule 2 to this Act" there shall be substituted "paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (c) in paragraph (h), for "section 40 below" there shall be substituted "section 116 of the Powers of Criminal Courts (Sentencing) Act 2000".
     139. In section 40A of the Criminal Justice Act 1991 (release on licence following return to prison), in subsection (1)(a), for "section 40 above" there shall be substituted "section 116 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     140. In section 43(1) of the Criminal Justice Act 1991 (young offenders), for "section 53 of the 1933 Act" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     141. - (1) Section 44 of the Criminal Justice Act 1991 (extended sentences for sexual or violent offenders), as substituted by section 59 of the Crime and Disorder Act 1998, shall be amended as follows.
 
      (2) In each of subsections (1) and (8), for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2), for "sections 40 and" there shall be substituted "section".
 
     142. In section 44A of the Criminal Justice Act 1991 (re-release of prisoners serving extended sentences), in subsection (1), for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     143. In section 45(1) of the Criminal Justice Act 1991 (fine defaulters and contemnors)-
 
 
    (a) for ", 35 and 40" there shall be substituted "and 35"; and
 
    (b) for "section 9 of the 1982 Act" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".
     144. - (1) Section 51 of the Criminal Justice Act 1991 (interpretation of Part II) shall be amended as follows.
 
      (2) In subsection (1), in the definition of "sexual offence" and "violent offence", for "Part I of this Act" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2D), for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (4) For subsection (4) there shall be substituted the following subsection-
 
 
    "(4) Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of "protecting the public from serious harm") shall apply for the purposes of this Part as it applies for the purposes of that Act."
 
     145. In section 65(1) of the Criminal Justice Act 1991 (supervision of young offenders after release), for "section 53 of the 1933 Act" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     146. In section 82(4) of the Criminal Justice Act 1991 (duties of prisoner custody officers acting in pursuance of prisoner escort arrangements), for "section 34A of the 1973 Act" there shall be substituted "section 142 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     147. - (1) Part III of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland) shall be amended as follows.
 
      (2) In paragraph 10(3)-
 
 
    (a) in paragraph (b), for "mental hospital within the meaning of paragraph 5 of Schedule 1A to the 1973 Act" there shall be substituted "hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being a special hospital within the meaning of that Act"; and
 
    (b) in paragraph (d), for "Schedule 1A to the 1973 Act" there shall be substituted "Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000".
      (3) In paragraph 11-
 
 
    (a) in sub-paragraph (2)(b), for the words from the beginning to "Schedule 2 to this Act" there shall be substituted "the provisions of sections 41 and 42 of and Schedules 2 and 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (so far as relating to such orders)";
 
    (b) in sub-paragraph (3)(a), for "the 1973 Act" there shall be substituted "section 41 of the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (c) in sub-paragraph (3)(b), for "that Act and Schedule 2 to this Act" there shall be substituted "Schedule 3 to that Act";
 
    (d) in sub-paragraph (4)-
 
      (i) for "the 1973 Act" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
      (ii) for the words from "paragraph 3(1)(d)" to the end there shall be substituted "paragraph 4(1)(d), 5(1)(d), 10(3) or 11(2) of Schedule 3 to that Act."; and
 
    (e) in sub-paragraph (5)-
 
      (i) for "the 1973 Act", in the first place where it occurs, there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
      (ii) for "the 1973 Act", in the second place where it occurs, there shall be substituted "that Act".
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 2 March 2000