Criminal Justice and Court Services Act 2000

SCHEDULE 7 Minor and consequential amendments

Section 74. Part I New names Community rehabilitation orders 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community punishment orders 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community punishment and rehabilitation orders 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers of local probation boards 4 (1) In the following enactments— (a) for “a probation officer” there is substituted “ an officer of a local probation board ”, (b) for “the probation officer” there is substituted “ the officer of a local probation board ”. (2) The enactments are— In the Children and Young Persons Act 1969— ... in section 34, subsections (2) and (3). In the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991— in Schedule 2, in paragraph 3, sub-paragraphs (1)(b) and (3). In the Criminal Justice Act 1991— section 37(4A)(a), section 43(5), in section 65, subsections (1)(a) and (1A) (in both places), in Schedule 3, paragraph 11(5)(b). In the Prisoners and Criminal Proceedings (Scotland) Act 1993— sections 12(2)(a) and 15(4). In the Criminal Procedure (Scotland) Act 1995— sections 209(3)(a) and 234(1)(a) section 209(3)(a). In the Crime (Sentences) Act 1997— section 31(2A)(a). In the Crime and Disorder Act 1998— sections 8(8)(a), 18(3) (in both places) and 39(5)(a). In the Powers of Criminal Courts (Sentencing) Act 2000— in section 41, subsections (4), (5)(a), (6) and (9)(a) and (b), in section 46, subsections (5)(a) and (b) and (11)(a) and (b), in section 54, subsections (2) and (3), in section 57, subsections (1) to (4), ... ... ... ... ... in section 122, subsections (2) and (5), sections 157(1)(a) and 162(2)(a) and (b), in Schedule 2— paragraph 2(2)(a)(i) and (ii), paragraph 3(2)(a) and (b). Part II General Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) 6 In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted— 6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 | The local probation board or, as the case may be, the local probation boards acting jointly. 7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 | The Secretary of State. Army Act 1955 (c. 18) 12 The Army Act 1955 is amended as follows. 14 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 . 15 (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 60. 18 (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 60. Air Force Act 1955 (c. 19) 19 The Air Force Act 1955 is amended as follows. 21 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 . 22 (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 60. 25 (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 60. Naval Discipline Act 1957 (c. 53) 26 The Naval Discipline Act 1957 is amended as follows. 28 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 . 29 (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 60. 32 (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 60. Social Work (Scotland) Act 1968 (c. 49) 37 In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)— (a) at the appropriate place there is inserted— “community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000 , (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Children and Young Persons Act 1969 (c. 54) 38 The Children and Young Persons Act 1969 is amended as follows. 40 In section 34(3) (transitional modifications of Part I), for “probation committee” there is substituted “ local probation board ”. 41 In section 46(1) (discontinuance of approved schools etc.), “within the meaning of the Probation Service Act 1993” is omitted. 42 In section 70(1) (general interpretation), at the appropriate place there is inserted— “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000; . 43 (1) Schedule 3 (approved schools and other institutions) is amended as follows. (2) In paragraph 6(1), after “ Probation Service Act 1993” there is inserted “ or section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 ”. (3) In paragraph 9— (a) in sub-paragraph (2)— (i) for “either” there is substituted “ any ”, (ii) in paragraph (a), “or” is omitted, (iii) after paragraph (b) there is inserted— (c) section 3 of the Criminal Justice and Court Services Act 2000 (functions of the Secretary of State); (d) section 5 of that Act (functions of local probation boards); or (e) section 9 of that Act (approved premises), (b) for sub-paragraph (4)(b) there is substituted— (b) the amount which in his opinion represents the proportion of the contributions paid by local authorities under section 90 of the Act of 1933 or (as the case may be) the proportion of the sums paid by— (i) probation committees under rules made under the Probation Service Act 1993, (ii) the Secretary of State under section 3 or 9 of the Criminal Justice and Court Services Act 2000, and (iii) local probation boards under section 5 of that Act, which (in either case) should be treated as having been paid on account of expenditure of a capital nature in connection with the former approved institution; . (4) In paragraph 10(4)(b), after “Probation Service Act 1993” there is inserted “ or under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 ”. 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 probation 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 probation board specified in the order. Pensions (Increase) Act 1971 (c. 56) 45 In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted— 53A A pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000. Local Government Act 1972 (c. 70) 46 In Part I of Schedule 12A to the Local Government Act 1972 (access to information: exempt information)— (a) in paragraph 2(a), “or” is omitted, (b) at the end of paragraph 2(b) there is inserted or (c) a local probation board within the meaning of the Criminal Justice and Court Services Act 2000. , (c) after paragraph 2 there is inserted— 2A Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000. Juries Act 1974 (c. 23) 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rehabilitation of Offenders Act 1974 (c. 53) 48 The Rehabilitation of Offenders Act 1974 is amended as follows. 49 In section 5 (rehabilitation periods for particular sentences)— (a) in subsection (4A), for “a person was placed on probation” there is substituted “ a probation order was made ”, (b) in subsection (4A)(b), for “probation order” there is inserted “ order in question ”. 50 In section 6(3) (the rehabilitation period applicable to a conviction)— (a) for “placed on probation” there is substituted “ a probation order was made ”, (b) for “or probation” there is substituted “ or a breach of the order ”. Adoption Act 1976 (c. 36) 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) 57 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) 58 The Magistrates’ Courts Act 1980 is amended as follows. 61 Section 72 (report by probation officer on means of parties) is omitted. Criminal Justice Act 1982 (c. 48) 71 In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “probation committee for that area to appoint or assign a probation officer” there is substituted “ local probation board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board ”. Mental Health Act 1983 (c. 20) 72 The Mental Health Act 1983 is amended as follows. 74 In section 134(3)(e) (correspondence of patients), for “probation committee (within the meaning of the Probation Service Act 1993)” there is substituted “ local probation 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) 75 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) 78 In section 62 (intimate samples), at the beginning of subsection (1) there is inserted “ Subject to section 63B below ”. Child Abduction and Custody Act 1985 (c. 60) 79 The Child Abduction and Custody Act 1985 is amended as follows. 80 In sections 6(a) and 21(a) (reports), for “a probation officer” there is substituted “ an officer of the Service ”. 81 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) 82 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 probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”. Education Reform Act 1988 (c. 40) 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Finance Act 1988 (c. 41) 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Children Act 1989 (c. 41) 87 The Children Act 1989 is amended as follows. 88 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 ”. 89 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. 90 In section 31(1)(b) (care and supervision orders), “or of a probation officer” is omitted. 91 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 ”. 92 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 ”. 93 In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)— (a) in paragraph (a), “or” is omitted, (b) in paragraph (b), after “hostels or homes” there is inserted or (c) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act). 94 In section 68(2)(d), (persons disqualified from being private foster parents), for “has been placed on probation or” there is substituted “ a probation order has been made in respect of him or he has been ”. 95 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; . 96 In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted. 97 In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted. Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Justice Act 1991 (c. 53) 103 The Criminal Justice Act 1991 is amended as follows. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 In section 99(1) (general interpretation), at the appropriate place there is inserted— “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000; . 111 In Schedule 3 (reciprocal enforcement of certain orders)— (a) in paragraph 10— (i) in sub-paragraphs (2)(b) and (3)(c), for “probation committee” there is substituted “ local probation board ”, (ii) in sub-paragraph (3)(a), for “a probation officer assigned” there is substituted “ an officer of a local probation board assigned ”, (iii) in sub-paragraph (3)(d), for “probation centre” there is substituted “ community rehabilitation centre ”, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) 116 The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows. 117 In section 15(5) (variation of supervised release order), for “probation officer” there is substituted “ officer of a local probation board ”. 118 In section 27(1) (interpretation of Part I), at the appropriate place there is inserted— “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000; . Criminal Procedure (Scotland) Act 1995 (c. 46) 120 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 121 In section 209(7) (supervised release orders), for “probation officer” there is substituted “ officer of a local probation board ”. 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 In section 307(1) (interpretation), at the appropriate place there is inserted— “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 . Education Act 1996 (c. 56) 127 The Education Act 1996 is amended as follows. 128 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 28 or 29 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. 129 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. 130 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.” Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) 131 The Criminal Justice (Northern Ireland) Order 1996 is amended as follows. 132 In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for “probation committee” there is substituted “ local probation board ”. 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Crime (Sentences) Act 1997 (c. 43) 135 The Crime (Sentences) Act 1997 is amended as follows. 136 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 has been made under subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage; and (b) references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction or, in the case of a life prisoner in respect of whom a direction under subsection (5) of that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence, and in this section “appropriate stage”, in relation to such a direction, has the same meaning as in subsection (6) of that section. (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 made or given in respect of each of those sentences or such a direction will be required to be given at the appropriate stage; 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. 137 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) ”. 138 In section 34(1) (interpretation), the words following the first mention of “sentences” are omitted. 141 In section 54(1) (general interpretation), at the appropriate place there is inserted— “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000; . 142 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. 143 In Schedule 1 (transfer of prisoners within the British Islands), in each of paragraphs 8(5) and 11(6), in the table, for “Probation officer” there is substituted “ Officer of a local probation board ”. 144 In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted. 145 Paragraphs 135 to 138 and 144 above have effect in relation to life sentences passed after commencement. 146 Paragraph 147 below 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 147 below as pre-commencement life sentences. 147 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. 148 In paragraphs 145 and 146 above, “commencement” means the coming into force of section 60 of this Act and “life sentence” has the same meaning as in Chapter II of Part II of that Act. Crime and Disorder Act 1998 (c. 37) 150 The Crime and Disorder Act 1998 is amended as follows. 151 In sections . . . 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for “probation committee” there is substituted “ local probation board ”. 152 In section 117(1) (interpretation), after the definition of “guardian” there is inserted— “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000; . 153 In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted. Protection of Children Act 1999 (c. 14) 154 The Protection of Children Act 1999 is amended as follows. 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Section 6 (appeals against prohibition or restriction of employment) is omitted. 157 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 32 or 33 of the Criminal Justice and Court Services Act 2000. 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 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) 160 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 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 probation boards and members of youth offending teams ”. 196 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in subsection (3)(a)— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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) or 40C(2) 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. 197 In section 163 (general definitions)— (a) 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) ”, (b) the definitions of “combination order”, “probation order” and “probation period” are omitted, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) 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 61 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 ”, (f) at the appropriate places there are inserted— ... “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 ... “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (g) in the definition of “responsible officer”— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In paragraph 6(7)— (a) paragraph (a) is omitted, (b) in paragraph (b), “if it has not been so notified” is omitted. 203 (1) Schedule 9 (consequential amendments) is amended as follows. (2) Paragraphs 5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 34(a), 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 60. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Child Support, Pensions and Social Security Act 2000 (c. 19) 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Learning and Skills Act 2000 (c. 21) 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .