Prisons (Scotland) Act 1989
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Change 1
SCHEDULE 2 Amendment of enactments
Section 45(1). Children and Young Persons (Scotland) Act 1937 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In section 87(1) and (3) of that Act, after the words “Act 1975” there shall be inserted the words “and of the Prisons (Scotland) Act 1989”. Army Act 1955 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Air Force Act 1955 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Naval Discipline Act 1957 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In section 88 of that Act, in subsection (3)(c), for the words from “thirty-five” to “1952” there shall be substituted the words “39 of the Prisons (Scotland) Act 1989”, and, in subsection (4), for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”. Criminal Justice Act 1961 7 In section 30(1)(b) of the Criminal Justice Act 1961, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”. Criminal Justice (Scotland) Act 1963 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1967 9 In section 69(2) of the Criminal Justice Act 1967, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”. Courts-Martial (Appeals) Act 1968 10 In section 52 of the Courts-Martial (Appeals) Act 1968, for paragraph (e) there shall be substituted the following paragraph— (e) section 39 of the Prisons (Scotland) Act 1989; or . Criminal Procedure (Scotland) Act 1975 11 In section 205A(1) of the Criminal Procedure (Scotland) Act 1975, for the words “61 of the Criminal Justice Act 1967” there shall be substituted the words “26 of the Prisons (Scotland) Act 1989”. 12 For section 206(1) of that Act, there shall be substituted the following section— Detention of children convicted on indictment. 206 Subject to section 205 of this Act, where a child is convicted and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 In section 462(1) of that Act, for the words “Prisons (Scotland) Act 1952”, wherever these words occur, there shall be substituted the words “Prisons (Scotland) Act 1989”. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of Court Act 1981 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental Health (Scotland) Act 1984 19 In section 74(8) of the Mental Health (Scotland) Act 1984, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.
SCHEDULE 2 Amendment of enactments
Section 45(1). Children and Young Persons (Scotland) Act 1937 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In section 87(1) and (3) of that Act, after the words “Act 1975” there shall be inserted the words “and of the Prisons (Scotland) Act 1989”. Army Act 1955 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Air Force Act 1955 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Naval Discipline Act 1957 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In section 88 of that Act, in subsection (3)(c), for the words from “thirty-five” to “1952” there shall be substituted the words “39 of the Prisons (Scotland) Act 1989”, and, in subsection (4), for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”. Criminal Justice Act 1961 7 In section 30(1)(b) of the Criminal Justice Act 1961, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”. Criminal Justice (Scotland) Act 1963 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1967 9 In section 69(2) of the Criminal Justice Act 1967, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”. Courts-Martial (Appeals) Act 1968 10 In section 52 of the Courts-Martial (Appeals) Act 1968, for paragraph (e) there shall be substituted the following paragraph— (e) section 39 of the Prisons (Scotland) Act 1989; or . Criminal Procedure (Scotland) Act 1975 11 In section 205A(1) of the Criminal Procedure (Scotland) Act 1975, for the words “61 of the Criminal Justice Act 1967” there shall be substituted the words “26 of the Prisons (Scotland) Act 1989”. 12 For section 206(1) of that Act, there shall be substituted the following section— Detention of children convicted on indictment. 206 Subject to section 205 of this Act, where a child is convicted and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 In section 462(1) of that Act, for the words “Prisons (Scotland) Act 1952”, wherever these words occur, there shall be substituted the words “Prisons (Scotland) Act 1989”. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of Court Act 1981 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental Health (Scotland) Act 1984 19 In section 74(8) of the Mental Health (Scotland) Act 1984, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.
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