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and in this section "appropriate stage", in relation to such a direction, has the same meaning as in subsection (5A) of that section.").

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    Page 73, line 23, after ("been") insert ("made or").


    Page 73, line 24, after ("sentences") insert ("or such a direction will be required to be given at the appropriate stage").


    Page 73, line 39, leave out ("35(1)(b)") and insert ("35").


    Page 73, line 39, after ("general)") insert--


("(a) in subsection (1)(b),").


    Page 73, line 40, at end insert--


("(b) in subsections (5)(c) and (8)(a), for "4(1)(d)" there is substituted "4(1C)(d)".").


    Page 73, line 46, at end insert--


(". In Schedule 1 (transfer of prisoners within the British Islands)--
(a) in paragraph 8(5), in the table, for "Probation Officer" there is substituted "Officer of a local board",
(b) in paragraph 11(6), in the table, for "Probation Officer appointed for or assigned to such petty sessions area" there is substituted "Officer of a local board appointed for or assigned to such petty sessions area".").


    Page 74, line 34, at end insert--


(". In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.").


    Page 75, line 27, at end insert--


(". Section 6 (appeals against prohibition or restriction of employment) is omitted.").


    Page 75, line 38, at end insert--


(" . In section 12 (interpretation)--
(a) in the definition of "child care position", for paragraphs (a) to (c) there is substituted--
"(a) is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000; but
(b) is not a position within subsection (3) below;"
(b) in subsection (3)(b), for the words from "an independent" to the end there is substituted "a school which is a children's home for the purposes of the Care Standards Act 2000".").


    Page 76, line 7, at end insert--


    (". Section 38 (electronic monitoring of curfew orders) is omitted.").


    Page 76, line 7, at end insert--


(". In section 40 (curfew orders: supplementary), in subsection (1)(a), the words from "(including" to "available)" are omitted.").


    Page 76, line 7, at end insert--


(". In section 40 (curfew orders: supplementary), after subsection (2) there is inserted--
"(3) An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(3) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."").


    Page 76, line 27, at end insert--


(". In section 45(2) (community rehabilitation orders: supplementary), for "paragraph 19(2)(a)" there is substituted "paragraphs 2A(4) and (5) and 19(2)(a)".).


    Page 76, line 35, at end insert--


(". In section 57 (copies of orders)--
(a) in subsection (2), after "order shall" there is inserted "(subject to subsection (3A) below)",
(b) after subsection (3) there is inserted--
"(3A) Where--
(a) a magistrates' court amends a drug treatment and testing order under section 55(1) above; and
(b) the order as amended provides for a magistrates' court other than that mentioned in paragraph (a) to be responsible for the order;

4 Oct 2000 : Column 1668


the court amending the order shall not give copies of the order as amended as mentioned in subsection (2) above but shall forthwith send copies of it to the court responsible for the order and that court shall, as soon as reasonably practicable after the order is amended, give copies to an officer of a local board assigned to that court."").


    Page 76, line 35, at end insert--


(". In section 58 (drug treatment and testing orders: supplementary), at the end there is inserted--
"(2) Where an order under paragraph 1(1A) of Schedule 3 provides for the warning provisions to apply to drug treatment and testing orders, an order under this section may make in paragraph 2A(4) and (5) of that Schedule any amendment which the Secretary of State thinks necessary in consequence of any substitution made by that order."").


    Page 76, line 43, leave out ("76") and insert ("76(1)").


    Page 77, line 43, leave out ("137(2)(a)") and insert ("137").


    Page 77, line 44, leave out from ("compensation)") to end of line 46 and insert ("subsection (2)(a) is omitted").


    Page 78, line 20, leave out (""40(2), 40C(2), 58B(4),") and insert (""40(2)(b), 40C(2)(b),").


    Page 78, line 21, leave out ("7(9) or 8(8)") and insert ("7(9)(b) or 8(8)(b)"").


    Page 78, line 22, at end insert--


("( ) after "15(1)" there is inserted "40(2)(a), 40C(2)(a)",").


    Page 78, line 24, after second ("or") insert ("paragraph 7(9)(a) or 8(8)(a) of Schedule 2 or").


    Page 78, line 33, at end insert--


("( ) in the definition of "attendance centre order", for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)",").


    Page 78, line 35, at end insert--


("( ) in the definition of "curfew order", after "59 above" there is inserted "or paragraph 6A of Schedule 3 to this Act" and after "section 59" (in the second place) there is inserted "or paragraph 4(1C)(a) of Schedule 3",").


    Page 78, line 35, at end insert--


("( ) in the definition of "community punishment order", for "4(1)(b) or 5(1)(b)" there is substituted "4(1C)(b) or 5(1C)(b)",").


    Page 79, line 12, leave out ("40A(13)") and insert ("40A(14)").


    Page 80, line 7, after ("after") insert (""testing").


    Page 80, leave out lines 11 to 23 and insert--


("( ) In paragraph 4--
(a) in sub-paragraph (2), for "(1)(d)" there is substituted "(1C)(d)",
(b) in sub-paragraph (3), for "sub-paragraph (1)(d)" there is substituted "sub-paragraph (1A) or (1C)(d)",
(c) in sub-paragraph (4), for "(1)(a)" there is substituted "(1C)(a)",
(d) in sub-paragraph (6), for "sub-paragraph (1)(d)" there is substituted "sub-paragraph (1A) or (1C)(d)".
( ) In paragraph 5--
(a) in sub-paragraph (2), for "(1)(d)" there is substituted "(1C)(d)",
(b) in sub-paragraph (3), for "sub-paragraph (1)(d)" there is substituted "sub-paragraph (1A) or (1C)(d)".
( ) After paragraph 6 there is inserted--
"Curfew orders imposed for breach of relevant order
6A.--(1) Section 37(1) of this Act (curfew orders) shall apply for the purposes of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from the beginning to "make" there were substituted "Where a court has power to deal with an offender under Part II

4 Oct 2000 : Column 1669

of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may make in respect of the offender".
(2) In this paragraph--
"secondary order" means a curfew order made by virtue of paragraph 4(1C)(a) or 5(1C)(a) above;
"original order" means the relevant order the failure to comply with which led to the making of the secondary order.
(3) A secondary order--
(a) shall specify a period of not less than 14 nor more than 28 days for which the order is to be in force; and
(b) may specify different places, or different periods (within the period for which the order is in force), for different days, but shall not specify periods which amount to less than two hours or more than twelve hours in any one day.
(4) Part IV of this Act, except sections 35, 36, 37(3) and (4), 39 and 40(2)(a), has effect in relation to a secondary order as it has effect in relation to any other curfew order, but subject to the further modifications made below.
(5) Section 37(9) applies as if the reference to an offender who on conviction is under 16 were a reference to a person who on the date when his failure to comply with the original order is proved to the court is under 16.
(6) Paragraphs 2A, 4(1A) to (2) and 5(1A) to (2) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.
But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.
(7) In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.
(8) Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order."
( ) In paragraph 7--
(a) in sub-paragraph (1), for "4(1)(b) and 5(1)(b)" there is substituted "4(1C)(b) and 5(1C)(b)",
(b) in sub-paragraph (2), for "4(1)(b) or 5(1)(b) above" there is substituted "4(1C)(b) or 5(1C)(b) and "original order" means the relevant order the failure to comply with which led to the making of the secondary order",
(c) for sub-paragraphs (4) to (6) there is substituted--
"(4) Part IV of this Act, except sections 35, 36, 46(3) and (8) and 48 to 50, has effect in relation to a secondary order as it has effect in relation to any other community punishment order, but subject to the further modifications made below.
(5) Paragraphs 2A, 4(1A) to (3) and 5(1A) to (3) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.
But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.
(6) In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.
(7) Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.",.
and for the cross-heading preceding the paragraph there is substituted "Community punishment orders imposed for breach of relevant order".

4 Oct 2000 : Column 1670


( ) In paragraph 8--
(a) in sub-paragraph (1)--
(i) for "4(1)(c) and 5(1)(c)" there is substituted "4(1C)(c) and 5(1C)(c)",
(ii) for the words following "Where a court" there is substituted "has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may",
(b) in sub-paragraph (2)--
(i) in paragraph (b), after "applicable" there is inserted "section 36B and",
(ii) for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)",
(c) in sub-paragraph (3), for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)".
( ) In paragraph 9--
(a) in sub-paragraph (1), for "4(1)(a), (b) or (c) or 5(1)(a), (b) or (c)" there is substituted "4(1C)(a), (b) or (c) or 5(1C)(a), (b) or (c)",
(b) sub-paragraph (2) is omitted,
(c) in sub-paragraph (3), for "4(1)(d)" there is substituted "4(1C)(d)".").


    Page 80, line 24, leave out ("8(1),").


    Page 80, line 38, at end insert--


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