Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
SCHEDULE 9, CONSEQUENTIAL AMENDMENTS - continued
Criminal Justice Act 1991 (c. 53) - continued

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     148. In Schedule 4 to the Criminal Justice Act 1991 (increase of certain maxima), in Part I, in the first column of the entry relating to section 63(3)(a) of the Magistrates' Courts Act 1980, for "that Act" there shall be substituted "the 1980 Act".
 
     149. In Schedule 12 to the Criminal Justice Act 1991 (transitional provisions and savings), after paragraph 6 (which is repealed by this Act) there shall be inserted the following paragraph-
 
 
  " 6A. Section 17 of this Act shall not apply in relation to offences committed before the commencement of that section."
 
 
Social Security Administration Act 1992 (c. 5)
     150. In section 121(2) of the Social Security Administration Act 1992 (unpaid contributions: supplementary), for the words from "Part I" to "probation or" there shall be inserted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Aggravated Vehicle-Taking Act 1992 (c. 11)
     151. In section 1(2) of the Aggravated Vehicle-Taking Act 1992 (supplementary provisions about offence of aggravated vehicle-taking), for "section 30 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 127 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Local Government Finance Act 1992 (c. 14)
     152. In Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount), in paragraph 1(4), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Probation Service Act 1993 (c. 47)
     153. In section 4(1) of the Probation Service Act 1993 (functions of probation committee)-
 
 
    (a) in paragraph (d), for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) in paragraph (dd), for "a detention and training order (within the meaning of section 73 of the Crime and Disorder Act 1998)" there shall be substituted "a detention and training order (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000)".
     154. In section 5 of the Probation Service Act 1993 (functions in relation to children and young persons)-
 
 
    (a) for "section 12(2) of the Children and Young Persons Act 1969" there shall be substituted "paragraph 2(1) of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "section 12A(3) of that Act" there shall be substituted "paragraph 3(2) of that Schedule".
     155. In section 26(2) of the Probation Service Act 1993 (regulation of community orders), for "relevant officers within the meaning of section 14(4) of the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officers within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     156. - (1) Section 30 of the Probation Service Act 1993 (interpretation) shall be amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) in the definition of "community service order", for the words from "means" onwards there shall be substituted "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) in the definition of "probation order", for the words from "means" onwards there shall be substituted "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000".
      (3) In subsection (2), for "section 11 of the Criminal Justice Act 1991" there shall be substituted "section 51 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Pension Schemes Act 1993 (c. 48)
     157. In section 68(2) of the Pension Schemes Act 1993 (unpaid premiums: supplementary), for the words from "Part I" to "probation or" there shall be inserted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Vehicle Excise and Registration Act 1994 (c. 22)
     158. In section 32(1) of the Vehicle Excise and Registration Act 1994 (offences: supplementary), in paragraph (a), for "section 1A of the Powers of Criminal Courts Act 1973" there shall be substituted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     159. In section 41(1) of the Vehicle Excise and Registration Act 1994 (provisions supplementary to sections 37 to 40), for "section 1A of the Powers of Criminal Courts Act 1973" there shall be substituted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Justice and Public Order Act 1994 (c. 33)
     160. In section 25 of the Criminal Justice and Public Order Act 1994 (restrictions on bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), in subsection (5), in the definition of "the relevant enactments", for "section 53(2) of the Children and Young Persons Act 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     161. In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border execution of warrants), in subsection (7A) as inserted by paragraph 23 of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999, for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
     162. In Schedule 1 to the Criminal Justice and Public Order Act 1994 (escort arrangements: England and Wales), in paragraph 4, in the definition of "offender", for "or detention and training under section 73 of the Crime and Disorder Act 1998" there shall be substituted "or detention and training under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Drug Trafficking Act 1994 (c. 37)
     163. In section 2 of the Drug Trafficking Act 1994 (confiscation orders), in subsection (5), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     164. In section 3(10) of the Drug Trafficking Act 1994 (variation of sentence on postponed determination), for "section 47(2) or (3) of the Supreme Court Act 1981" there shall be substituted "section 155(1) or (2) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     165. In section 6(3) of the Drug Trafficking Act 1994 (meaning of "realisable property"), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     166. - (1) Section 9 of the Drug Trafficking Act 1994 (application of procedure for enforcing fines) shall be amended as follows.
 
      (2) In subsection (1), for the words from "sections 31(1)" to "1973" there shall be substituted "sections 139(1) to (4) and 140(1) to (3) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the 2000 Act".
 
      (4) In subsection (3)-
 
 
    (a) for the words ", detention in a young offender institution, or detention under section 4 of the 1982 Act" there shall be substituted "or detention in a young offender institution";
 
    (b) for "section 22(1) of the 1973 Act" there shall be substituted "section 118(1) of the 2000 Act"; and
 
    (c) for "section 31(2) of the 1973 Act" there shall be substituted "section 139(2) of the 2000 Act".
     167. - (1) Section 10 of the Drug Trafficking Act 1994 (interest on sums unpaid under confiscation orders) shall be amended as follows.
 
      (2) In subsection (1), for "section 31(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2)-
 
 
    (a) for "section 31 of the 1973 Act" there shall be substituted "section 139 of the 2000 Act"; and
 
    (b) for "subsection (3A)" there shall be substituted "subsection (4)".
     168. - (1) Section 15 of the Drug Trafficking Act 1994 (revised assessment of proceeds of drug trafficking) shall be amended as follows.
 
      (2) In subsection (13), for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(2) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (14), for "section 31(3A) of the 1973 Act" there shall be substituted "section 139(4) of the 2000 Act".
 
     169. In section 16(4) of the Drug Trafficking Act 1994 (increase in realisable property)-
 
 
    (a) for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "subsection (3A)" there shall be substituted "subsection (4)".
     170. In section 17(4) of the Drug Trafficking Act 1994 (inadequacy of realisable property), for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     171. - (1) Section 19 of the Drug Trafficking Act 1994 (powers of High Court where defendant has absconded or died) shall be amended as follows.
 
      (2) In subsection (7)-
 
 
    (a) for "the 1973 Act" there shall be substituted "the 2000 Act"; and
 
    (b) for "section 32(1)(b)" there shall be substituted "section 140(1)(b)".
      (3) In subsection (8), for "sections 31(1) and 32(1) of the 1973 Act" there shall be substituted "sections 139(1) and 140(1) of the 2000 Act".
 
     172. In section 20(1) of the Drug Trafficking Act 1994 (effect of conviction where High Court has acted under section 19), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     173. In section 21(5) of the Drug Trafficking Act 1994 (variation of confiscation orders made by virtue of section 19), for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "subsection (2) of section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
     174. In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(3), 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".
 
 
Children (Scotland) Act 1995 (c. 36)
     175. In section 33 of the Children (Scotland) Act 1995 (effect of orders etc. made in different parts of the United Kingdom), in subsection (5)(b), after "the Children and Young Persons Act 1969" there shall be inserted "or sections 63 to 67 of and Schedules 6 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Procedure (Scotland) Act 1995 (c. 46)
     176. - (1) Section 234 of the Criminal Procedure (Scotland) Act 1995 (probation orders: persons residing in England and Wales) shall be amended as follows.
 
      (2) In subsection (2)-
 
 
    (a) for "Schedule 1A to the 1973 Act" there shall be substituted "Schedule 2 to the 2000 Act"; and
 
    (b) for "3(3)(a)" there shall be substituted "3(4)(a)".
      (3) In subsection (4)-
 
 
    (a) for "Schedule 1A to the 1973 Act" there shall be substituted "Schedule 2 to the 2000 Act"; and
 
    (b) for "Schedule 1A", in the second place where it occurs, there shall be substituted "Schedule 2".
      (4) In subsection (5)-
 
 
    (a) for "Schedule 2 to the 1991 Act" there shall be substituted "Schedule 3 to the 2000 Act";
 
    (b) for "section 2 of the 1973 Act" there shall be substituted "section 41 of that Act"; and
 
    (c) for "section 11 of the 1991 Act" there shall be substituted "section 51 of that Act".
      (5) In subsection (6)-
 
 
    (a) for "Schedule 2 to the 1991 Act" there shall be substituted "Schedule 3 to the 2000 Act";
 
    (b) for "sub-paragraphs (3) and (4) of paragraph 3" there shall be substituted "sub-paragraphs (4) and (5) of paragraph 4"; and
 
    (c) for "sub-paragraph (3)" there shall be substituted "sub-paragraph (4)".
      (6) In subsection (10)-
 
 
    (a) for "section 10 of the 1973 Act" there shall be substituted "paragraph 6 of Schedule 4 to the 2000 Act";
 
    (b) for "that section" there shall be substituted "that Schedule"; and
 
    (c) for "section 2" there shall be substituted "section 41".
      (7) For subsection (11) there shall be substituted the following subsection-
 
 
    "(11) In this section "the 2000 Act" means the Powers of Criminal Courts (Sentencing) Act 2000."
 
 
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