Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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"PART 9A
REPEALS RELATING TO AMENDMENTS OF PART 5 OF POLICE ACT 1997

 
  Short title and chapterExtent of repeal
 
  Police Act 1997 (c. 50)In section 115, subsections (3) to (5) and subsections (6C) to (6E).   Section 120(3).   In section 125, subsection (3) and, in subsection (4), the words "to which subsection (3) does not apply".
  Care Standards Act 2000(c. 14)Section 104(3)(a).   In Schedule 4, paragraph 25(2)(a).
  Private Security Industry Act 2001 (c. 12)Section 21.   Section 26(3)(a).
  Health and Social Care Act 2001 (c. 15)Section 19.
  Criminal Justice and Police Act 2001 (c. 16)Section 134(3) and (4).
  National Health Service Reform and Health Care Professions Act 2002 (c. 17)Section 42(7).   In Schedule 2, paragraph 64.
  Education Act 2002 (c. 32)In Schedule 12, paragraph 15(2).
  In Schedule 13, paragraph 8(2).
  Licensing Act 2003 (c. 17)In Schedule 6, paragraph 116."
247CAPage 372, line 21, column 2, at beginning insert—
  "Section 10(4).
  In section 11(2), the words from "(which expression" to "purposes of section 10)"."
 

Schedule 32

 

THE BARONESS SCOTLAND OF ASTHAL

247DPage 373, line 13, leave out "to 82" and insert "and 81"
247EPage 373, line 19, at end insert—
    "2A (1)   Subject to sub-paragraph (2), the repeal by this Act of section 81 of the Crime and Disorder Act 1998 (c. 37) does not affect the operation of subsection (4) of that section in relation to any notification received by the Panel under subsection (2) of that section, or proposal made by the Panel under subsection (3) of that section, before the commencement of the repeal.
(2)      In its application by virtue of sub-paragraph (1) after the commencement of that repeal, section 81(4) of that Act is to have effect as if any reference to "the Court" were a reference to the Sentencing Guidelines Council.
(3)      In this paragraph "the Panel" means the Sentencing Advisory Panel."
247FPage 374, line 34, at end insert—
 

"Transfer of community orders and transfer of suspended sentence orders

 6   (1)   Until the coming into force of the repeal by the Mental Health (Care and Treatment) (Scotland) Act 2003 of the Mental Health (Scotland) Act 1984 (c. 36), in the provisions mentioned in sub-paragraph (2) the reference to the Mental Health (Care and Treatment) (Scotland) Act 2003 has effect as a reference to the Mental Health (Scotland) Act 1984 (c. 36).
(2)      Those provisions are—
(a)  paragraph 2(4) of Schedule 8 (transfer of community orders to Scotland or Northern Ireland), and
(b)  paragraph 4 of Schedule (Transfer of suspended sentence orders to Scotland or Northern Ireland) (transfer of suspended sentence orders to Scotland or Northern Ireland)."
 

Clause 303

 

THE BARONESS SCOTLAND OF ASTHAL

248Page 173, line 6, leave out "Part 9 or 11 of this Act" and insert "any provision of this Act specified in subsection (1A)"
249Page 173, line 11, at end insert—
"(1A)  The provisions are—
(a)  in Part 1, sections 1, 3, 5 to 8, 10 and 11 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and
(b)  Parts 8, 9 and 11."
 

Clause 305

 

THE BARONESS SCOTLAND OF ASTHAL

250Page 173, line 36, at end insert—
  "section (Enforcement of regulations implementing Community legislation on endangered species),"
250APage 173, line 36, at end insert—
 "section 161(1) and (2),"
250BPage 173, line 36, at end insert—
 "section 176(8),"
250CPage 173, leave out line 38 and insert—
 "section 302(1) to (5),
 sections 303 and 304"
251[Withdrawn]
252Page 173, line 39, at end insert—
  "the repeal in Part 8 of Schedule 31 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 301 so far as relating to that repeal)."
252ZZAPage 173, line 39, at end insert "and
 paragraphs 1 and 5 of Schedule 32 (and section 302(6) so far as relating to those paragraphs)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

252ZAPage 173, line 42, leave out from beginning to end of line 2 on page 174
252APage 173, line 42, at end insert—
  "section (Review of unduly lenient sentences (indecent photographs of children));"
252AA[Withdrawn]
 

THE BARONESS SCOTLAND OF ASTHAL

252ABPage 174, line 1, leave out "paragraph" and insert "paragraphs 39C, 39D(3), 58A, 68(1) to (3), 68A and"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

252BPage 174, line 5, at beginning insert "Subject to section (Commencement of Part 12: certification of sufficient resources),
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

252BAPage 174, line 7, at end insert—
"(5)  Section 284 shall cease to have effect at the end of 3 years beginning with the date on which this Act receives Royal Assent."
 

After Clause 305

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

252CInsert the following new Clause—
  "Commencement of Part 12: certification of sufficient resources
  The Secretary of State may not make an order under section 305(3) bringing any provision of this Part into force until he has laid a certificate before both Houses of Parliament stating that he is satisfied that sufficient resources have been provided to enable the provisions of this Part that he proposes to bring into force in the order adequately to be given practical effect."
 

Clause 306

 

THE BARONESS SCOTLAND OF ASTHAL

252CAPage 174, line 14, at end insert—
 "section (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) and Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland);"
252DPage 174, line 15, leave out from "10" to end of line 16
253Page 174, line 16, at end insert—
  "section (Enforcement of regulations implementing Community legislation on endangered species);"
254Page 174, line 16, at end insert—
  "section 284;"
254APage 174, line 16, at end insert—
 "section (Transfer of suspended sentence orders to Scotland or Northern Ireland) and Schedule (Transfer of suspended sentence orders to Scotland or Northern Ireland);"
255Page 174, line 19, leave out "paragraph 19" and insert "paragraphs 19, 46 and 47"
255APage 174, line 20, at end insert—
 "paragraphs 6 to 8 of Schedule 25."
256Page 174, line 22, at end insert—
  "section (Increase in penalties for offences under section 174 of the Road Traffic Act 1988);"
256APage 174, line 25, leave out from "19" to end of line 26
256BPage 174, line 27, at end insert—
 "paragraph 6 of Schedule 32."
256CPage 174, line 34, at end insert—
  "section (Appeals following reference by Criminal Cases Review Commission);"
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

257Page 174, line 34, at end insert—
  "section 138;
  section (Increase in sentences for hate crimes);"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

257APage 174, line 34, at end insert—
  "section (Review of unduly lenient sentences (indecent photographs of children));"
 

THE BARONESS SCOTLAND OF ASTHAL

257BPage 174, line 36, leave out "Section 303(4) extends" and insert "The following provisions extend"
257CPage 174, line 36, at end insert—
  "sections (Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders) and (Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients);
  section 303(4)."
257CAPage 174, line 36, at end insert—
  "section (Extension of investigations by Criminal Cases Review Commission in Northern Ireland);
  section (Power to substitute conviction of alternative offence on appeal in Northern Ireland);"
257D[Withdrawn]
257DAPage 175, line 2, leave out from "of" to end of line 8 and insert "Chapter 7 of Part 12 so far as relating to sentences passed by a court-martial"
257E[Withdrawn]
258Page 175, line 12, at end insert—
"(   )  Part 2 of Schedule 3,"
259Page 175, line 13, leave out from "26" to end of line
259APage 175, line 13, at end insert—
"(da)  section (Substitution of conviction on different charge on appeal from court-martial),"
260[Withdrawn]
261Page 175, line 15, leave out paragraph (f) and insert—
"(f)  Parts 1 to 7, 9 and 10 of Schedule 31,"

 
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13 October 2003