Criminal Justice and Court Services Bill - continued        House of Lords
SCHEDULE 6, MINOR AND CONSEQUENTIAL AMENDMENTS - continued

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  PART II
  GENERAL
 
Children and Young Persons Act 1933 (c. 12)
     5. In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for "21" there is substituted "18".
 
 
Criminal Justice Act 1948 (c. 58)
     6. The Criminal Justice Act 1948 is amended as follows.
 
     7. In section 39(3) (proof of previous convictions by finger-prints), "or remand centre" is omitted.
 
     8. In section 80(1) (interpretation), the definitions of "local authority" and "remand centre" are omitted.
 
 
Prison Act 1952 (c. 52)
     9. The Prison Act 1952 is amended as follows.
 
     10. In section 13(2) (legal custody of prisoner), for "section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 56 of the Criminal Justice and Court Services Act 2000".
 
     11. In section 37(4) (closing of prisons), "remand centre" is omitted.
 
     12. In section 43 (remand centres, detention centres and youth custody centres)-
 
 
    (a) in subsection (2)-
 
      (i) in paragraph (a), for "21" there is substituted "18" and "a remand centre or" is omitted,
 
      (ii) paragraphs (b) and (c) are omitted,
 
    (b) subsections (3) and (7) are omitted,
 
    (c) in subsection (4), "remand centres" is omitted.
     13. In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)-
 
 
    (a) in subsection (1) and the sidenote, "remand centres" is omitted,
 
    (b) in subsection (5), "remand centre" is omitted.
 
Army Act 1955 (c. 18)
     14. The Army Act 1955 is amended as follows.
 
     15. In section 57(2A) (offences in relation to courts-martial), for "twenty-one" there is substituted "eighteen".
 
     16. In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted-
 
 
    "(bc) order that the convicted person be disqualified from working with children".
     17. - (1) In section 71A (juveniles)-
 
 
    (a) in subsections (1), (1D) and (1E)(i), for "21" there is substituted "18",
 
    (b) subsections (1A) to (1C) are omitted,
 
    (c) in subsection (1D), paragraph (b) and the "and" preceding it are omitted,
 
    (d) in subsection (1E), paragraph (b) and the "or" preceding it are omitted,
 
    (e) in subsection (3), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",
 
    (f) in subsection (4), for "an adult" (in both places) there is substituted "a person who has attained 18 years of age",
 
    (g) in subsection (5), "custody for life or" and "and to a sentence of custody for life" are omitted.
      (2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 55.
 
     18. In section 71AA (young service offenders: custodial orders)-
 
 
    (a) in subsection (1)-
 
      (i) for "twenty-one" (in both places) there is substituted "eighteen",
 
      (ii) for paragraph (a) there is substituted-
 
    "(a) shall be not less than the period of two months; and",
 
    (b) in subsection (1AA), "aged 17" is omitted,
 
    (c) in paragraph (a) of subsection (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",
 
    (d) in subsection (6A), for "detention in a young offender institution" there is substituted "imprisonment".
     19. In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the "or" preceding it are omitted.
 
     20. - (1) Schedule 5A (powers of court on trial of civilian) is amended as follows.
 
      (2) In paragraph 10-
 
 
    (a) in sub-paragraph (1)-
 
      (i) for "under 21" there is substituted "under 18" and for "age of 21" there is substituted "age of 18",
 
      (ii) for paragraph (a) there is substituted-
 
    "(a) shall not be less than the period of two months;"
 
    (b) in sub-paragraph (1A), "under 18 years of age" is omitted,
 
    (c) in sub-paragraph (1AA)(a), for "21" there is substituted "18",
 
    (d) in paragraph (a) of sub-paragraph (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",
 
    (e) in sub-paragraph (6A), for "detention in a young offender institution" there is substituted "imprisonment".
      (3) In paragraph 15-
 
 
    (a) in sub-paragraph (3), in paragraphs (a) and (b), for "21" there is substituted "18",
 
    (b) in the table-
 
      (i) in the heading to the first column, for "21" there is substituted "18",
 
      (ii) for the heading to the second column there is substituted "Offender aged 17 but under 18",
 
      (iii) in the second column, "Custody for life" is omitted,
 
    (c) in the note following the table-
 
      (i) in sub-paragraph (a), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",
 
      (ii) in sub-paragraph (i), for "custody for life" there is substituted "a custodial order".
      (4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 55.
 
 
Air Force Act 1955 (c. 19)
     21. The Air Force Act 1955 is amended as follows.
 
     22. In section 57(2A) (offences in relation to courts-martial), for "twenty-one" there is substituted "eighteen".
 
     23. In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted-
 
 
    "(bc) order that the convicted person be disqualified from working with children".
     24. - (1) In section 71A (juveniles)-
 
 
    (a) in subsections (1), (1D) and (1E)(i), for "21" there is substituted "18",
 
    (b) subsections (1A) to (1C) are omitted,
 
    (c) in subsection (1D), paragraph (b) and the "and" preceding it are omitted,
 
    (d) in subsection (1E), paragraph (b) and the "or" preceding it are omitted,
 
    (e) in subsection (3), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",
 
    (f) in subsection (4), for "an adult" (in both places) there is substituted "a person who has attained 18 years of age",
 
    (g) in subsection (5), "custody for life or" and "and to a sentence of custody for life" are omitted.
      (2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 55.
 
     25. In section 71AA (young service offenders: custodial orders)-
 
 
    (a) in subsection (1)-
 
      (i) for "twenty-one" (in both places) there is substituted "eighteen",
 
      (ii) for paragraph (a) there is substituted-
 
    "(a) shall be not less than the period of two months; and",
 
    (b) in subsection (1AA), "aged 17" is omitted,
 
    (c) in paragraph (a) of subsection (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",
 
    (d) in subsection (6A), for "detention in a young offender institution" there is substituted "imprisonment".
     26. In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the "or" preceding it are omitted.
 
     27. - (1) Schedule 5A (powers of court on trial of civilian) is amended as follows.
 
      (2) In paragraph 10-
 
 
    (a) in sub-paragraph (1)-
 
      (i) for "under 21" there is substituted "under 18" and for "age of 21" there is substituted "age of 18",
 
      (ii) for paragraph (a) there is substituted-
 
    "(a) shall not be less than the period of two months;"
 
    (b) in sub-paragraph (1A), "under 18 years of age" is omitted,
 
    (c) in sub-paragraph (1AA)(a), for "21" there is substituted "18",
 
    (d) in paragraph (a) of sub-paragraph (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",
 
    (e) in sub-paragraph (6A), for "detention in a young offender institution" there is substituted "imprisonment".
      (3) In paragraph 15-
 
 
    (a) in sub-paragraph (3), in paragraphs (a) and (b), for "21" there is substituted "18",
 
    (b) in the table-
 
      (i) in the heading to the first column, for "21" there is substituted "18",
 
      (ii) for the heading to the second column there is substituted "Offender aged 17 but under 18",
 
      (iii) in the second column, "Custody for life" is omitted,
 
    (c) in the note following the table-
 
      (i) in sub-paragraph (a), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",
 
      (ii) in sub-paragraph (i), for "custody for life" there is substituted "a custodial order".
      (4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 55.
 
 
Naval Discipline Act 1957 (c. 53)
     28. The Naval Discipline Act 1957 is amended as follows.
 
     29. In section 38(3A) (offences in relation to courts-martial), for "twenty-one" there is substituted "eighteen".
 
     30. In section 43(1) (punishments which may be awarded to persons convicted of offences under Part I of that Act), after paragraph (bb) there is inserted-
 
 
    "(bc) order that the convicted person be disqualified from working with children".
     31. - (1) In section 43A (juveniles)-
 
 
    (a) in subsections (1), (1D) and (1E)(i), for "21" there is substituted "18",
 
    (b) subsections (1A) to (1C) are omitted,
 
    (c) in subsection (1D), paragraph (b) and the "and" preceding it are omitted,
 
    (d) in subsection (1E), paragraph (b) and the "or" preceding it are omitted,
 
    (e) in subsection (3), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",
 
    (f) in subsection (4), for "an adult" (in both places) there is substituted "a person who has attained 18 years of age",
 
    (g) in subsection (5), "custody for life or" and "and to a sentence of custody for life" are omitted.
      (2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 55.
 
     32. In section 43AA (young service offenders: custodial orders)-
 
 
    (a) in subsection (1)-
 
      (i) for "twenty-one" (in both places) there is substituted "eighteen",
 
      (ii) for paragraph (a) there is substituted-
 
    "(a) shall be not less than the period of two months; and",
 
    (b) in subsection (1AA), "aged 17" is omitted,
 
    (c) in paragraph (a) of subsection (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",
 
    (d) in subsection (6A), for "detention in a young offender institution" there is substituted "imprisonment".
     33. In section 43AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the "or" preceding it are omitted.
 
     34. - (1) Schedule 4A (powers of court on trial of civilian) is amended as follows.
 
      (2) In paragraph 10-
 
 
    (a) in sub-paragraph (1)-
 
      (i) for "under 21" there is substituted "under 18" and for "age of 21" there is substituted "age of 18",
 
      (ii) for paragraph (a) there is substituted-
 
    "(a) shall not be less than the period of two months; and"
 
    (b) in sub-paragraph (1A), "under 18 years of age" is omitted,
 
    (c) in sub-paragraph (1AA)(a), for "21" there is substituted "18",
 
    (d) in paragraph (a) of sub-paragraph (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",
 
    (e) in sub-paragraph (6A), for "detention in a young offender institution" there is substituted "imprisonment".
      (3) In paragraph 15-
 
 
    (a) in sub-paragraph (3), in paragraphs (a) and (b), for "21" there is substituted "18",
 
    (b) in the table-
 
      (i) in the heading to the first column, for "21" there is substituted "18",
 
      (ii) for the heading to the second column there is substituted "Offender aged 17 but under 18",
 
      (iii) in the second column, "Custody for life" is omitted,
 
    (c) in the note following the table-
 
      (i) in sub-paragraph (a), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",
 
      (ii) in sub-paragraph (i), for "custody for life" there is substituted "a custodial order".
      (4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 55.
 
 
Criminal Justice Act 1961 (c. 39)
     35. In section 23(4) of the Criminal Justice Act 1961 (prison rules), for "secure training centres and remand centres" there is substituted "and secure training centres".
 
 
Criminal Justice Act 1967 (c. 80)
     36. The Criminal Justice Act 1967 is amended as follows.
 
     37. In section 34 (committal of persons under twenty-one accused of extradition crimes etc.), for "twenty-one" there is substituted "eighteen".
 
     38. In section 67(6) (computation of sentences of imprisonment passed in England and Wales), "to a remand centre or" is omitted.
 
 
Firearms Act 1968 (c. 27)
     39. In section 52(1)(a) of the Firearms Act 1968 (forfeiture and disposal of firearms etc.), "in a young offender institution or" is omitted.
 
 
Children and Young Persons Act 1969 (c. 54)
     40. The Children and Young Persons Act 1969 is amended as follows.
 
     41. In section 23 (remands and committals to local authority accommodation) as it has effect pursuant to section 98(2) of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)-
 
 
    (a) in subsections (1) and (5A), "a remand centre or" is omitted,
 
    (b) in subsection (4)-
 
      (i) at the end of paragraph (a) there is inserted "or",
 
      (ii) paragraph (b) is omitted,
 
      (iii) for paragraph (c) there is substituted-
 
    "(c) if paragraph (a) above does not apply, it shall remand him to a prison."
 
    (c) in subsection (5), "remand centre or" is omitted.
     42. In section 34(3) (transitional modifications of Part I), for "probation committee" there is substituted "local board (established under section 4 of the Criminal Justice and Court Services Act 2000)".
 
     43. In section 46(1) (discontinuance of approved schools etc.), for "approved probation hostel within the meaning of the Probation Service Act 1993" there is substituted "community rehabilitation hostel within the meaning of Part I of the Criminal Justice and Court Services Act 2000 approved under section 9 of that Act".
 
 
Local Authorities (Goods and Services) Act 1970 (c. 39)
     44. - (1) Subject to sub-paragraph (2), in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) "public body" includes a local board established under section 4 of this Act.
 
      (2) An order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act) may repeal the provisions of sub-paragraph (1) above as they apply to a local board specified in the order.
 
 
Fire Precautions Act 1971 (c. 40)
     45. In section 40(2)(a) of the Fire Precautions Act 1971 (application to Crown, etc.), "remand centre" is omitted.
 
 
Adoption Act 1976 (c. 36)
     46. The Adoption Act 1976 is amended as follows.
 
     47. In section 65 (guardians ad litem and reporting officers)-
 
 
    (a) in subsection (1)-
 
      (i) after "as are prescribed" there is inserted "of an officer of the Service",
 
      (ii) in paragraph (a), for the words from the beginning to "litem" there is substituted "to act on behalf",
 
      (iii) in paragraph (b), "of a person to act as reporting officer" is omitted,
 
    (b) in subsection (2)-
 
      (i) for "as guardian ad litem or reporting officer" there is substituted "under subsection (1)",
 
      (ii) for "be both guardian ad litem and reporting officer" there is substituted "act under both paragraphs (a) and (b) of subsection (1)",
 
    (c) after subsection (2) there is inserted-
 
    "(3) Rules of court may make provision as to the assistance which an officer of the Service may be required by the court to give to it.
 
      (4) In this section "officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000."
 
 
    (d) for the sidenote there is substituted "Duties of officers of the Service".
     48. Section 65A (panels for selection of guardians ad litem and reporting officers) is omitted.
 
 
Bail Act 1976 (c. 63)
     49. The Bail Act 1976 is amended as follows.
 
     50. In section 2(2) (other definitions)-
 
 
    (a) for the definition of "bail hostel" there is substituted-
 
    ""bail hostel" and "community rehabilitation hostel" have the same meanings as in Part I of the Criminal Justice and Court Services Act 2000,"
 
    (b) the definition of "probation hostel" is omitted.
     51. In section 3(6ZA) (general provisions), for "probation" there is substituted "community rehabilitation".
 
 
Criminal Law Act 1977 (c. 45)
     52. The Criminal Law Act 1977 is amended as follows.
 
     53. In section 38A(5) (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in the definition of "prison", for paragraph (ia) there is substituted-
 
 
    "(ia) in the case of a person under that age arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 56(3) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person);"
     54. In section 38B(5) (further provision for execution of warrants of commitment), in the definition of "prison", for paragraph (a) there is substituted-
 
 
    "(a) in the case of a person who is under the age of 21 years arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 56(3) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person); and"
 
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
     55. In section 26(2) of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation)-
 
 
    (a) for "a probation officer" there is substituted "an officer of the Service (within the meaning of the Criminal Justice and Court Services Act 2000)",
 
    (b) for "the probation officer or that" there is substituted "that officer or".
 
Magistrates' Courts Act 1980 (c. 43)
     56. The Magistrates' Courts Act 1980 is amended as follows.
 
     57. In section 11(3) (non-appearance of accused: general provisions), "or detention in a detention centre" is omitted.
 
     58. In section 31 (general limit on power of magistrates' court to impose imprisonment), in subsections (1) and (2), "or youth custody" is omitted.
 
     59. In section 77(2) (postponement of issue of warrant), "or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)" is omitted.
 
     60. In section 82 (restriction on power to impose imprisonment for default)-
 
 
    (a) in subsection (1)(c), "youth custody or detention in a detention centre" is omitted.
 
    (b) in subsections (1)(c), (3)(a) and (5)(b), for "section 9 of the Criminal Justice Act 1982" there is substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000",
 
    (c) in subsection (4A)(e), for "section 17 of the Criminal Justice Act 1982" there is substituted "section 60 of the Powers of Criminal Courts (Sentencing) Act 2000".
     61. In section 88 (supervision pending payment)-
 
 
    (a) in subsection (4), for "detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "prison" and for "such detention" there is substituted "prison",
 
    (b) in subsection (5), for "such detention" there is substituted "prison".
     62. Section 96A (application of Part III to persons aged 18 to 20) is omitted.
 
     63. In section 133 (consecutive terms of imprisonment)-
 
 
    (a) in subsection (1), the first, second and fourth mentions of "or youth custody" are omitted,
 
    (b) subsection (2A) is omitted.
     64. In section 135 (detention of offender for one day in court house or police station), subsection (3) is omitted.
 
     65. In section 136 (committal to custody overnight at police station), subsection (4) is omitted.
 
 
Imprisonment (Temporary Provisions) Act 1980 (c. 57)
     66. In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable), in subsections (1) and (2), "remand centre" is omitted.
 
 
Mental Health Act 1983 (c. 20)
     67. The Mental Health Act 1983 is amended as follows.
 
     68. In section 48(2)(a) (removal to hospital of other prisoners), "or remand centre" is omitted.
 
     69. In section 134(3)(e) (correspondence of patients), for "probation committee (within the meaning of the Probation Service Act 1993)" there is substituted "local board established under section 4 of the Criminal Justice and Court Services Act 2000".
 
 
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
     70. In section 10(16) of the Health and Social Services and Social Security Adjudications Act 1983 (central council for education and training in social work), paragraph (b) and the "and" preceding it are omitted.
 
 
Police and Criminal Evidence Act 1984 (c. 60)
     71. The Police and Criminal Evidence Act 1984 is amended as follows.
 
     72. In section 24(1)(b) (arrest without warrant for arrestable offences), for "21" there is substituted "18".
 
     73. In section 62 (intimate samples), at the beginning of subsection (1) there is inserted "Subject to section 63B below".
 
 
Interception of Communications Act 1985 (c. 56)
     74. In section 10(3)(b) of the Interception of Communications Act 1985 (interpretation), after "twenty-one" there is inserted "(eighteen in relation to England and Wales)".
 
 
Child Abduction and Custody Act 1985 (c. 60)
     75. The Child Abduction and Custody Act 1985 is amended as follows.
 
     76. In sections 6(a) and 21(a) (reports), for "a probation officer" there is substituted "an officer of the Service".
 
     77. In section 27 (interpretation), after subsection (4) there is inserted-
 
 
    "(5) In this Act "officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000."
 
 
Local Government Act 1988 (c. 9)
     78. In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), for "A probation committee (within the meaning of the Probation Service Act 1993)" there is substituted "A local board established under section 4 of the Criminal Justice and Court Services Act 2000".
 
 
Criminal Justice Act 1988 (c. 33)
     79. In section 75(3) of the Criminal Justice Act 1988 (application of procedure for enforcing fines), "or of detention under section 108 of that Act of 2000 (detention of persons aged 17 to 20 for contempt)" is omitted.
 
 
Legal Aid Act 1988 (c. 34)
     80. In section 21(11) of the Legal Aid Act 1988 (availability of representation under this Part), "or a remand centre" is omitted.
 
 
Education Reform Act 1988 (c. 40)
     81. In the Education Reform Act 1988, after section 218 there is inserted-
 
 
"Regulations under section 218(6): further provision.     218A. - (1) The power to make regulations under subsection (6) of section 218 above includes power to provide that a person may appeal to the Tribunal against-
 
    (a) a decision to prohibit or restrict the person's employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or
 
    (b) a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.
      (2) The regulations may-
 
 
    (a) make provision as to the circumstances in which the Tribunal shall allow an appeal under the regulations and as to the powers available to it on allowing such an appeal;
 
    (b) provide that, where a person has been convicted of an offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under the regulations.
      (3) The power to make regulations under subsection (6) of that section also includes power to make provision for a person who has been subject, for a prescribed period, to a prohibition or restriction imposed by virtue of that subsection on relevant grounds to apply, with the leave of the Tribunal, for a review of the prohibition or restriction.
 
      (4) The regulations may make provision as to-
 
 
    (a) the circumstances in which an application for leave, or a review, under the regulations shall be determined in the person's favour;
 
    (b) the powers available to the Tribunal on determining a review in the person's favour.
      (5) In this section-
 
 
    (a) "relevant grounds" means the grounds mentioned in section 218(6ZA)(c) above;
 
    (b) "the Tribunal" means the Tribunal established under section 1 of the Protection of Children Act 1999."
 
Football Spectators Act 1989 (c. 37)
     82. In section 14(9) of the Football Spectators Act 1989 (scope and interpretation of Part II), "(or, in the case of a person under twenty-one years of age sentenced to custody for life, custody)" and "or in such custody" is omitted.
 
 
Children Act 1989 (c. 41)
     83. The Children Act 1989 is amended as follows.
 
     84. In section 7 (welfare reports)-
 
 
    (a) in subsection (1), for "a probation officer" (in both places) there is substituted "an officer of the Service",
 
    (b) in subsection (5), for "probation officer" there is substituted "officer of the Service".
     85. In section 16 (family assistance orders)-
 
 
    (a) in subsection (1)(a), for "a probation officer" there is substituted "an officer of the Service",
 
    (b) subsections (8) and (9) are omitted.
     86. In section 31(1)(b) (care and supervision orders), "or of a probation officer" is omitted.
 
     87. In section 41 (representation of child and of his interests in certain proceedings)-
 
 
    (a) in subsections (1) and (11), for "a guardian ad litem" there is substituted "an officer of the Service",
 
    (b) in subsections (2), (4)(a) and (10)(a) and (b), for "guardian ad litem" there is substituted "officer of the Service",
 
    (c) in subsection (10)(c), for "guardians ad litem" there is substituted "officers of the Service",
 
    (d) subsections (7) to (9) and (12) are omitted,
 
    (e) for the cross-heading preceding section 41 there is substituted "Representation of child".
     88. In section 42 (right of guardian ad litem to have access to local authority records)-
 
 
    (a) in subsection (1)-
 
      (i) for "a person" there is substituted "an officer of the Service",
 
      (ii) for "as a guardian ad litem under this Act" there is substituted "under section 41",
 
    (b) in subsection (2), for "a guardian ad litem" there is substituted "an officer of the Service",
 
    (c) for the sidenote there is substituted "Right of officer of the Service to have access to local authority records".
     89. In section 105(1) (interpretation), at the appropriate place there is inserted-
 
 
    ""officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000;"
     90. In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.
 
 
Computer Misuse Act 1990 (c. 18)
     91. In section 2(2)(b) of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for "of twenty-one years of age or over (not previously convicted)" there is substituted "who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions".
 
 
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
     92. The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 is amended as follows.
 
     93. In Schedule 1 (orders for admission to hospital), in paragraph 4(1)-
 
 
    (a) paragraph (c) and the "or" preceding it are omitted,
 
    (b) for "prison or remand centre" there is substituted "prison".
     94. In Schedule 2 (supervision and treatment orders), in paragraph 1(1)(a), for "probation officer" there is substituted "an officer of a local board".
 
 
Criminal Justice Act 1991 (c. 53)
     95. The Criminal Justice Act 1991 is amended as follows.
 
     96. In section 37A (curfew condition to be included in licence)-
 
 
    (a) in subsection (1)(a), for "probation" there is substituted "community rehabilitation",
 
    (b) for subsection (7) there is substituted-
 
    "(7) In this section "approved community rehabilitation hostel" means a community rehabilitation hostel (within the meaning of Part I of the Criminal Justice and Court Services Act 2000) approved under section 9 of that Act."
 
     97. In section 45(1) (fine defaulters and contemnors), "or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000" is omitted.
 
     98. In section 65 (supervision of young offenders after release)-
 
 
    (a) in subsection (1), for the words from the first mention of "under" to "from" there is substituted "("the offender") sentenced to a term of imprisonment or to" and after "Powers of Criminal Courts (Sentencing) Act 2000" there is inserted "is released while under the age of 22 years",
 
    (b) in subsection (7), for "21" there is substituted "18" and for "sentence of detention in a young offender institution" there is substituted "detention in such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose".
     99. In section 68 (persons aged 17 to be treated as young persons for certain purposes), paragraph (b) is omitted.
 
     100. In section 92(1) (interpretation of Part IV), in the definition of "prison", "or remand centre" is omitted.
 
     101. In Schedule 8 (amendments for treating persons aged 17 as young persons), paragraph 2 is omitted.
 
     102. In Schedule 12 (transitional provisions and savings), in paragraphs 15(4) and 16(3), "remand centre or" is omitted.
 
 
Water Industry Act 1991 (c. 56)
     103. In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 13(2)(a), for "young offender institution or remand centre" there is substituted "or young offender institution".
 
 
Local Government Finance Act 1992 (c. 14)
     104. In Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount), in paragraph 1(4), "or section 108 of the Powers of Criminal Courts (Sentencing) Act 2000" is omitted.
 
 
Prison Security Act 1992 (c. 25)
     105. In section 1(6) of the Prison Security Act 1992 (offence of prison mutiny), in the definition of "prison", for "young offender institution or remand centre" there is substituted "or young offender institution".
 
 
Intelligence Services Act 1994 (c. 13)
     106. In section 5(3B)(b) of the Intelligence Services Act 1994 (warrants: general), after "twenty-one" there is inserted "(eighteen in relation to England and Wales)".
 
 
Criminal Justice and Public Order Act 1994 (c. 33)
     107. The Criminal Justice and Public Order Act 1994 is amended as follows.
 
     108. In section 117(3)(a) (interpretation of Chapter II), "and a remand centre" is omitted.
 
     109. In section 125(3)(a) (interpretation of Chapter III), "remand centre or" is omitted.
 
 
Drug Trafficking Act 1994 (c. 37)
     110. The Drug Trafficking Act 1994 is amended as follows.
 
     111. In section 9 (application of procedure for enforcing fines)-
 
 
    (a) in subsection (2), "or of detention under section 108 of the 2000 Act (detention of persons aged 18 to 20 for default)" is omitted,
 
    (b) in subsection (5), "or detention" is omitted.
     112. In section 10(2) (interest on sums unpaid under confiscation orders), "or detention" is omitted.
 
     113. In section 15(13) (revised assessment of proceeds of drug trafficking), "or of detention" is omitted.
 
     114. In section 16(4)(b) (increase in realisable property), "or detention" is omitted.
 
     115. In section 17(4)(b) (inadequacy of realisable property), "or of detention" is omitted.
 
     116. In section 21(5)(a) (variation of confiscation orders made by virtue of section 19), "or of detention" is omitted.
 
     117. In section 41(7) (interpretation of Part I), "or detention" is omitted.
 
 
Prisoners' Earnings Act 1996 (c. 33)
     118. In section 4(2) of the Prisoners' Earnings Act 1996 (interpretation), in the definition of "prisoner", "or remand centre" is omitted.
 
 
Education Act 1996 (c. 56)
     119. The Education Act 1996 is amended as follows.
 
     120. In section 468 (school may be struck off for contravention of regulations about employment of teachers), at the end there is inserted-
 
 
    "(2) Where the Secretary of State is satisfied that a person who is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children) or is subject to an order under section 27 or 28 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)-
 
 
    (a) is employed in a registered or provisionally registered school, or
 
    (b) is the proprietor of such a school,
  he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school."
 
     121. After section 473 there is inserted-
 
 
"Removal of disqualification: persons no longer unsuitable to work with children.     473A. - (1) Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal.
 
    (2) This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children-
 
 
    (a) from being the proprietor of any independent school; or
 
    (b) from being a teacher or other employee in any school.
      (3) On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order.
 
      (4) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application.
 
      (5) In this section and section 473B "the Tribunal" means the tribunal established by section 9 of the Protection of Children Act 1999.
 
Conditions for application under section 473A.     473B. - (1) A person may only make an application under section 473A with the leave of the Tribunal.
 
      (2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person's case.
 
      (3) In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if-
 
 
    (a) at least five years have elapsed since the order was made; and
 
    (b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
      (4) In the case of any other person, the appropriate conditions are satisfied if-
 
 
    (a) at least ten years have elapsed since the order was made; and
 
    (b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
      (5) The Tribunal shall not grant an application under this section unless it considers-
 
 
    (a) that the person's circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and
 
    (b) that the change is such that leave should be granted."
     122. In section 474 (removal of disqualification)-
 
 
    (a) at the end of subsection (1) there is inserted-
 
  " But this subsection does not apply in relation to the disqualification of a person to whom section 473A applies."
 
 
    (b) for the sidenote there is substituted "Removal of disqualification: other cases."
 
Sexual Offences (Protected Material) Act 1997 (c. 39)
     123. In section 2(1) of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in the definition of "prison", for "young offender institution or remand centre" there is substituted "or young offender institution".
 
 
Crime (Sentences) Act 1997 (c. 43)
     124. The Crime (Sentences) Act 1997 is amended as follows.
 
     125. In section 28 (duty to release certain life prisoners)-
 
 
    (a) for the words from the beginning to the end of subsection (5)(a) there is substituted-
 
    "(1A) In this Chapter-
 
 
    (a) references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom an order or direction has been made or given under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000; and
 
    (b) references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction.
      (1B) But if a life prisoner is serving two or more life sentences-
 
 
    (a) he is not to be treated for the purposes of this Chapter as a life prisoner to whom this section applies unless such an order or direction has been given in respect of each of those sentences; and
 
    (b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.
      (5) As soon as-
 
 
    (a) a life prisoner to whom this section applies has served the relevant part of his sentence",
 
    (b) subsection (9) is omitted.
     126. In section 33 (life prisoners transferred to England and Wales)-
 
 
    (a) for "section 28" (in subsections (1) and (2)) there is substituted "the provisions of section 28(5) to (8)",
 
    (b) in subsection (5), for "subsections (5) and (7) of section 28" there is substituted "the provisions of section 28(5) to (8)".
     127. In section 34(1) (interpretation), the words following the first mention of "sentences" are omitted.
 
     128. In section 35(1)(b) (fine defaulters: general), for "21" there is substituted "18".
 
     129. In section 40(1)(b) (fine defaulters), for "21" there is substituted "18".
 
     130. In section 57(8) (extent), at the end there is inserted-
 
 
    " or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial",
 
      and Chapter II of Part II of that Act is to be treated as always having had effect as amended by this paragraph.
 
     131. In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.
 
     132. Paragraphs 124 to 127 and 131 have effect in relation to life sentences passed after commencement.
 
     133. Paragraph 134 applies where a person serving any life sentence passed after commencement-
 
 
    (a) is also serving a life sentence passed before commencement, or
 
    (b) by reason of any sentence passed before commencement, is a transferred life prisoner within the meaning of section 33,
  and the sentences referred to in paragraphs (a) and (b) are referred to in paragraph 134 as pre-commencement life sentences.
 
     134. Section 28(1B) is to have effect as if-
 
 
    (a) any reference to a life sentence included a pre-commencement life sentence,
 
    (b) any reference to an order or direction in relation to such a life sentence were to-
 
      (i) an order under section 28(2)(b) or a direction under section 28(4) (as originally enacted), or
 
      (ii) a certificate under section 33,
 
    (c) any reference to the relevant part of such a life sentence were to the part specified in the order, direction or certificate (as the case may be) relating to that sentence.
     135. In paragraphs 132 and 133, "commencement" means the coming into force of section 55 and "life sentence" has the same meaning as in Chapter II of Part II of that Act.
 
 
Police Act 1997 (c. 50)
     136. In section 93(4)(b) of the Police Act 1997 (authorisations to interfere with property etc.), after "twenty-one" there is inserted "(eighteen in relation to England and Wales)".
 
 
Crime and Disorder Act 1998 (c. 37)
     137. The Crime and Disorder Act 1998 is amended as follows.
 
     138. In sections 5(2)(b), 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for "probation committee" there is substituted "local board".
 
     139. In section 117(1) (interpretation), after the definition of "guardian" there is inserted-
 
 
    ""local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000;"
 
Protection of Children Act 1999 (c. 14)
     140. The Protection of Children Act 1999 is amended as follows.
 
     141. After section 4 there is inserted-
 
 
"Applications for removal from list.     4A. - (1) Subject to section 4B, an individual who is included in the list kept by the Secretary of State under section 1 above may make an application to the Tribunal under this section.
 
    (2) On an application under this section the Tribunal shall determine whether or not the individual should continue to be included in the list.
 
      (3) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children it shall direct his removal from the list; otherwise it shall dismiss the application.
 
Conditions for application under section 4A.     4B. - (1) An individual may only make an application under section 4A with the leave of the Tribunal.
 
      (2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual's case.
 
      (3) In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if-
 
 
    (a) he has been so included for a continuous period of at least five years; and
 
    (b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
      (4) In the case of any other individual, the appropriate conditions are satisfied if-
 
 
    (a) he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and
 
    (b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
      (5) The Tribunal shall not grant an application under this section unless it considers-
 
 
    (a) that the individual's circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and
 
    (b) that the change is such that leave should be granted."
     142. In section 9(2) (the Tribunal)-
 
 
    (a) in paragraph (a), after "4" there is inserted ", 4A or 4B",
 
    (b) for paragraph (b) there is substituted-
 
    "(b) on an appeal or determination under regulations made under section 218(6) of the 1988 Act;"
 
    (c) for the "or" before paragraph (d) there is substituted-
 
    "(ca) on a determination under section 473A or 473B of the Education Act 1996;"
 
    (d) after paragraph (d) there is inserted "or
 
    (e) on a determination under section 31 or 32 of the Criminal Justice and Court Services Act 2000."
     143. In section 14 (extent etc.)-
 
 
    (a) in subsection (3), for "This Act, except section 8 and this section," there is substituted "Subject to subsections (4) and (5) below, this Act",
 
    (b) after subsection (4) there is inserted-
 
    "(5) Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom."
 
 
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
     144. The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
 
     145. In section 33(1) (meaning of "community order")-
 
 
    (a) after paragraph (a) there is inserted-
 
    "(aa) an exclusion order",
 
    (b) after paragraph (e) there is inserted-
 
    "(ee) a drug abstinence order".
     146. In section 37(10)(a) (curfew orders), for "section 38 below" there is substituted "section 36B above".
 
     147. In section 41 (probation orders)-
 
 
    (a) in subsection (7)(c), for the words from "either" to the end there is substituted "of the offender, the responsible officer or any affected person",
 
    (b) after subsection (9) there is inserted-
 
    "(9A) The court by which such an order is made shall give to any affected person any information relating to the order which the court considers it appropriate for him to have."
 
 
    (c) after subsection (11) there is inserted-
 
    "(12) For the purposes of this Act, a person is an affected person in relation to a community rehabilitation order if-
 
 
    (a) a requirement under section 36B(1) above is included in the order by virtue of his consent, or
 
    (b) a requirement is included in the order under paragraph 8(1) of Schedule 2 to this Act for the purpose (or partly for the purpose) of protecting him from being approached by the offender."
     148. In section 42(1) (additional requirements which may be included in probation orders), for "probation period" there is substituted "community rehabilitation period".
 
     149. In section 46(13) (community service orders), "(a) or (b)" is omitted.
 
     150. In section 47 (obligations of person subject to community service order)-
 
 
    (a) in subsection (4), for paragraphs (a) and (b) there is substituted "an officer of a local board appointed for or assigned to the petty sessions area specified in the order",
 
    (b) in subsection (5)(a), "(a) or (b)" is omitted.
     151. In section 52(4) (drug treatment and testing orders), after "body" there is inserted "(in a case where, at the time of his conviction, he was aged under 18)".
 
     152. In section 60(1)(b) (attendance centre orders), after "court" there is inserted "has power or".
 
     153. In section 64(2) (selection and duty of supervisor), the words from "and selected under arrangements" to the end of the subsection are omitted.
 
     154. In section 66 (facilities for implementing supervision orders), in subsections (2), (9) and (12) (in both places), for "probation committee" there is substituted "local board".
 
     155. In section 76 (meaning of "custodial sentence"), paragraphs (c) and (d) are omitted.
 
     156. In section 78 (general limit on magistrates' courts power to impose imprisonment etc.), "or detention in a young offender institution" in subsections (1) and (2) and the sidenote is omitted.
 
     157. In section 83(2) (restriction on imposing custodial sentences on persons not legally represented), for paragraphs (b) and (c) there is substituted-
 
 
    "(aa) pass a sentence of imprisonment on a person who, when convicted, was aged at least 18 but under 21".
     158. In section 87(12) (crediting periods of remand in custody: terms of imprisonment and detention), paragraph (b) and the preceding "and" are omitted.
 
     159. In section 89 (restriction on imposing imprisonment etc. on persons under 21), for each mention of "under 21" (including the mention in the sidenote) there is substituted "under 18".
 
     160. In section 91 (offenders under 18 convicted of certain serious offences), in subsections (1)(a) and (3), for "21" there is substituted "18".
 
     161. Sections 93 to 98 (custody for life and detention in a young offender institution) are omitted.
 
     162. In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.
 
     163. In section 100(1) (offenders under 18: detention and training orders), for "91 and 93" there is substituted "and 91" and for "21" there is substituted "18".
 
     164. In section 101(2) (term of order, consecutive terms and taking account of remands), for "21" there is substituted "18".
 
     165. In section 105(1)(a) (offences during currency of order), for "21" there is substituted "18".
 
     166. In section 106 (interaction of sentences of detention in a young offender institution)-
 
 
    (a) subsection (1) is omitted,
 
    (b) in subsection (3), the words from the beginning to "and" are omitted,
 
    (c) in subsection (4), for "98 above" there is substituted " 56 of the Criminal Justice and Court Services Act 2000",
 
    (d) in subsection (6), for "detention in a young offender institution" there is substituted "imprisonment".
     167. Section 108 (detention of persons aged at least 18 but under 21 for default or contempt) is omitted.
 
     168. In section 109(2) (life sentence for second serious offence), for paragraphs (a) and (b) there is substituted "a sentence of imprisonment for life".
 
     169. In section 110 (minimum sentence for third Class A drug trafficking offence)-
 
 
    (a) in subsection (2), for "an appropriate custodial sentence" there is substituted "a sentence of imprisonment",
 
    (b) subsection (6) is omitted.
     170. In section 111 (minimum sentence for third domestic burglary)-
 
 
    (a) in subsection (2), for "an appropriate custodial sentence" there is substituted "a sentence of imprisonment",
 
    (b) subsection (6) is omitted.
     171. In section 137(2)(a) (power to order parent or guardian to pay fine, costs or compensation), for "probation, community service, combination" there is substituted "exclusion, community rehabilitation, community punishment, community punishment and rehabilitation".
 
     172. In section 139 (powers and duties of Crown Court in relation to fines and forfeited recognizances)-
 
 
    (a) in subsection (2) "or of detention under section 108 above (detention of persons aged 18 to 20 for default)" is omitted,
 
    (b) in subsection (3), "or detained" is omitted,
 
    (c) in subsection (3)(c) "custody for life or detention in a young offender institution" is omitted,
 
    (d) in subsection (4), "or detention" is omitted,
 
    (e) in subsection (5) the second "or detention" is omitted.
     173. In section 140(3) (enforcement of fines imposed and recognizances forfeited by Crown Court), "or detention under section 108 above" is omitted.
 
     174. For the sidenote to section 157 (other reports of probation officers and members of youth offending teams), there is substituted "Other reports of officers of local boards and members of youth offending teams".
 
     175. In section 160 (rules and orders)-
 
 
    (a) in subsection (2)(a), for the words from "40(1)" to "Schedule 2" there is substituted "36B(6), 40(1), 40C(1), 42(2E), 58A(8) or 162 or paragraph 3, 7, or 8 of Schedule 2",
 
    (b) in subsection (2)(b), for the words from "40(2)" to the end there is substituted "40(2), 40C(2), 58B(4), 68, 122(7) or 156(4) or paragraph 7(9) or 8(8) of Schedule 2",
 
    (c) in subsection (3)(a)-
 
      (i) after "58" there is inserted "58A(4), 58B(4)",
 
      (ii) for "or 103(2)" there is substituted "103(2) or paragraph 1(1A) of Schedule 3",
 
    (d) for subsection (5) there is substituted-
 
    "(5) The following may make different provision for different cases or classes of case-
 
 
    (a) any order under section 36B(5), 37(6), 40(2), 40A(6), 40C(2) or 58B(4) or paragraph 7 or 8 of Schedule 2;
 
    (b) any rules under section 36B, 40(1), 40C(1), 42(2E), 47(3C), 58A(8) or 162 or paragraph 7 or 8 of Schedule 2."
     176. In section 163 (general definitions)-
 
 
    (a) the definitions of "combination order", "probation order" and "probation period" are omitted,
 
    (b) at the end of the definition of "custodial sentence" there is inserted "and, in relation to sentences passed before the coming into force of section 56 of the Criminal Justice and Court Services Act 2000, includes a sentence of custody for life and a sentence of detention in a young offender institution",
 
    (c) at the appropriate places there are inserted-
 
 
    " "affected person"-
      (a) in relation to an exclusion order, has the meaning given by section 40A(13) above;
 
      (b) in relation to a community rehabilitation order, has the meaning given by section 41(12) above; and
 
      (c) in relation to a community punishment and rehabilitation order, has (by virtue of section 51(4) above), the meaning given by section 41(12) above",
 
    ""community rehabilitation period" means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order",
 
    ""drug abstinence order" means an order under section 58A(1) above",
 
    ""exclusion order" means an order under section 40A(1) above",
 
    ""local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000",
 
    (d) in the definition of "responsible officer"-
 
      (i) after paragraph (a) there is inserted-
 
    "(aa) in relation to an exclusion order, has the meaning given by section 40A(13) above",
 
      (ii) after paragraph (e) there is inserted-
 
    "(ee) in relation to a drug abstinence order, has the meaning given by section 58A(5) above".
     177. - (1) Schedule 2 (additional requirements which may be included in probation orders) is amended as follows.
 
      (2) In paragraphs 2(1)(b)(ii), 3(1), 5(2) and 6(3), for "probation period" there is substituted "community rehabilitation period".
 
      (3) In paragraph 2(5), for "probation committee" there is substituted "local board".
 
      (4) In paragraph 3-
 
 
    (a) in sub-paragraphs (1), (6) and (8), for "probation centre" there is substituted "community rehabilitation centre",
 
    (b) in sub-paragraph (7), for "probation centres" there is substituted "community rehabilitation centres",
 
    (c) for the cross-heading preceding paragraph 3 there is substituted "Requirements as to attendance at community rehabilitation centres".
      (5) For the heading to the Schedule there is substituted "Additional requirements which may be included in community rehabilitation orders".
 
     178. - (1) Schedule 3 (breach, revocation and amendment of curfew, probation, community service, combination and drug treatment and testing orders) is amended as follows.
 
      (2) In paragraph 1-
 
 
    (a) in sub-paragraph (1)-
 
      (i) after paragraph (a) there is inserted-
 
    "(aa) an exclusion order;"
 
      (ii) after paragraph (e) there is inserted-
 
    "(f) a drug abstinence order."
 
    (b) in sub-paragraph (2)(b), for "a probation, community service, combination or drug treatment and testing" there is substituted "an exclusion, community rehabilitation, community punishment, community punishment and rehabilitation, drug treatment and testing or drug abstinence",
 
    (c) in sub-paragraph (3)-
 
      (i) after "order" there is inserted "or drug abstinence order",
 
      (ii) at the end there is inserted "(or that subsection as applied by section 58B(2) of this Act)".
      (3) In paragraphs 1(4)(a), 18(4), 19(1) (in each place) and 19(2), for "probation element" there is substituted "community rehabilitation element".
 
      (4) In paragraphs 1(4)(b) and 7(3)(b)(ii), for "community service element" there is substituted "community punishment element".
 
      (5) In paragraph 2(1), for "probation, community service or combination" there is substituted "exclusion, community rehabilitation, community punishment, community punishment and rehabilitation or drug abstinence".
 
      (6) In paragraph 3(2)-
 
 
    (a) in paragraph (a), after "order" there is inserted "or a drug abstinence order",
 
    (b) in paragraph (c), after "testing order" there is inserted "a drug abstinence order".
      (7) In paragraph 4-
 
 
    (a) in sub-paragraph (1C)(c)(i), after "curfew order" there is inserted "or an exclusion order",
 
    (b) in sub-paragraphs (2) and (3), for "(1)(d)" there is substituted "(1C)(d)",
 
    (c) in sub-paragraph (4), for "(1)(a)" there is substituted "(1C)(a)",
 
    (d) in sub-paragraph (6), for "(1)(d)" there is substituted "(1C)(d)".
      (8) In paragraph 5-
 
 
    (a) in sub-paragraph (1C)(c)(i), after "curfew order" there is inserted "or an exclusion order",
 
    (b) in sub-paragraphs (2) and (3), for "(1)(d)" there is substituted "(1C)(d)".
      (9) For the cross-heading preceding paragraph 7 there is substituted "Community punishment orders imposed for breach of relevant order".
 
      (10) In paragraph 8(1), after "curfew" there is inserted "or exclusion".
 
      (11) In paragraphs 8(1), 12(1)(b), 12(2)(a) and (b), 12(4)(a) (in both places), 12(4)(b), 12(7) and 20(1), for "probation or combination" there is substituted "community rehabilitation or community punishment and rehabilitation".
 
      (12) In paragraphs 10(2)(a) and 13(2)(a), after "testing order" there is inserted "or a drug abstinence order".
 
      (13) In paragraphs 10(4) and 11(3), for "probation, combination" there is substituted "community rehabilitation, community punishment and rehabilitation",
 
      (14) In paragraph 12(1), for "probation order or combination" there is substituted "community rehabilitation order or community punishment and rehabilitation".
 
      (15) In paragraphs 12(4)(b) and 19(2)(a), for "probation period" there is substituted "community rehabilitation period".
 
      (16) For the cross-heading preceding paragraph 12 there is substituted "Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order".
 
      (17) In paragraph 18-
 
 
    (a) in sub-paragraph (3), for "probation" there is substituted "community rehabilitation",
 
    (b) in sub-paragraph (6)(a), for "probation, community service or combination" there is substituted "community rehabilitation, community punishment or community punishment and rehabilitation".
      (18) In paragraph 19-
 
 
    (a) in sub-paragraph (1)-
 
      (i) for "sub-paragraphs (2) and (3) below" there is substituted "the following provisions of this paragraph",
 
      (ii) for "the offender or the responsible officer," there is substituted "an eligible person,"
 
      (iii) for "probation or curfew" (in each place) there is substituted "community rehabilitation, curfew or exclusion",
 
    (b) in sub-paragraph (2), after paragraph (a) there is inserted-
 
    "(aa) by extending any curfew periods specified in a requirement under the order beyond the end of six months (or, for an offender aged under 16 on conviction, three months) from the date of the original order;
 
    (ab) by extending the period during which the offender is prohibited from entering a place specified in a requirement under the order beyond the end of one year (or, for an offender aged under 16 on conviction, three months) from the date of the original order;"
 
    (c) after sub-paragraph (3) there is inserted-
 
    "(4) A magistrates' court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of one year from the date of the original order.
 
      (5) For the purposes of this paragraph the eligible persons are-
 
 
    (a) the offender;
 
    (b) the responsible officer; and
 
    (c) in relation to an exclusion order, a community rehabilitation order or a community punishment and rehabilitation order, any affected person.
  But an application under sub-paragraph (1) above by a person such as is mentioned in paragraph (c) above must be for the cancellation of a requirement which was included in the order by virtue of his consent or for the purpose (or partly for the purpose) of protecting him from being approached by the offender, or for the insertion of a requirement which will, if inserted, be such a requirement.
 
      (6) Without prejudice to the provisions of paragraph 18 above, a magistrates' court acting for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a drug abstinence order by extending the period for which the order has effect (but not beyond the end of three years from the date of the original order)."
 
 
    (d) for the cross-heading preceding paragraph 19 there is substituted "Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order."
      (19) For the cross-heading preceding paragraph 20 there is substituted "Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner".
 
      (20) For the cross-heading preceding paragraph 22 there is substituted "Extension of community punishment or community punishment and rehabilitation order".
 
      (21) In paragraph 24(2), after "requirement, or" there is inserted "to an order under paragraph 18 above".
 
      (22) In paragraph 25(1)(a), after "substituting" there is inserted ", by virtue of paragraph 18 above,".
 
      (23) For the heading to the Schedule there is substituted "Breach, revocation and amendment of certain community orders".
 
     179. In Schedule 7 (breach, revocation and amendment of supervision orders), in paragraph 7(7)-
 
 
    (a) paragraph (a) is omitted,
 
    (b) in paragraph (b), "if the justice or youth court has not been so notified" is omitted.
     180. In Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders), in paragraph 6(7)-
 
 
    (a) paragraph (a) is omitted,
 
    (b) in paragraph (b), "if it has not been so notified" is omitted.
     181. - (1) Schedule 9 (consequential amendments) is amended as follows.
 
      (2) Paragraphs 5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156 and 166(3) are omitted.
 
      (3) Paragraphs 182 and 188 are omitted.
 
      (4) Sub-paragraph (3) has effect in relation to sentences passed after the coming into force of section 55.
 
      (5) In paragraph 183, sub-paragraph (2)(b) and the preceding "and", and sub-paragraphs (3)(b) and (3)(c), are omitted.
 
 
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