(1) This section applies to any power conferred by this Act on ... the Secretary of State to make regulations, rules or an order.
(2) The power, unless it is a power to make an order under section 19, 20 or 23, shall be exercisable by statutory instrument.
(3) The power may be exercised so as to make different provision for different purposes or different areas.
(4) The power includes power to make—
(a) any supplementary, incidental or consequential provision, and
(b) any transitory, transitional or saving provision,
which the Minister exercising the power considers necessary or expedient.
(5) An order—
(a) making any provision by virtue of section 10, 26(2), 36(15), 57(5) or 70(2) or 57(5), or
(b) making any provision by virtue of section 77(2) which adds to, replaces or omits any part of the text of an Act,
may only be made if a draft of the statutory instrument containing the order has been laid before and approved by resolution of each House of Parliament.
(5A) A statutory instrument containing regulations under section 71 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(6) Any other statutory instrument made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Subsection (6) does not apply to a statutory instrument containing an order—
(a) revoking an order made by virtue of section 10, or
(b) made by virtue only of section 80.
77 Supplementary and consequential provision, etc.
(1) ... the Secretary of State may by order make—
(a) any supplementary, incidental or consequential provision,
(b) any transitory, transitional or saving provision,
which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
(3) The provision which may be made under subsection (1) in relation to section 61 of this Act (abolition of sentence of detention in young offender institution etc) also includes provision amending or repealing—
(a) any provision of the Counter-Terrorism and Sentencing Act 2021,
(b) any provision of an enactment that was inserted or amended by, or by regulations made under, the Counter-Terrorism and Sentencing Act 2021.
(1) In this Act—
...
“enactment” includes an enactment contained in subordinate legislation,
“functions” includes powers and duties,
...
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
(2) In this Act, “enactment” means an enactment whenever passed or made; but in this Part other than section 77(3) it means—
(a) an Act passed before, or in the same Session as, this Act, and
(b) subordinate legislation made before the passing of this Act.
There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by a Minister of the Crown by virtue of this Act,
(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(1) This Act shall come into force on such day as the Lord Chancellor or the Secretary of State may by order appoint.
(2) Different days may be appointed under this section for different purposes and different areas.
(3) Subsection (1) does not apply to—
(a) sections 19 to 22,
(b) section 60,
(c) this Chapter,
(d) in Schedule 7, paragraphs 15(1)(e) and (2), 18(3)(c)(i) and (4), 22(1)(e) and (2), 25(3)(c)(i) and (4), 29(1)(e) and (2), 32(3)(c)(i) and (4), 135 to 138, 142, 144 to 148 and 203(3) and (4),
(e) the repeals mentioned in the note to Schedule 8.
(1) Subject to the following provisions, this Act extends to England and Wales only.
(2) Subsection (1) does not apply to—
(a) sections 26 to 33, so far as they relate to the making of orders by, or orders made by, the Court Martial or the Court Martial Appeal Court,
(b) section 60, and paragraphs 135 to 138, 142 and 144 to 148 of Schedule 7, so far as they relate to sentences passed by a court-martial,
(c) section 61 so far as it relates to sentences passed by a court-martial or a Standing Civilian Court,
(d) section 66 and Schedule 5,
(e) section 71,
(f) this Chapter,
(g) paragraphs 17 and 19 of Schedule 2,
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) paragraph 159 of Schedule 7.
(3) Sections 35, 36 and 41 extend to England and Wales and Northern Ireland.
(4) Section 40 extends to Northern Ireland only.
(5) The amendment or repeal by Schedule 7 or 8 of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
(6) For the purposes of the Scotland Act 1998, any provision of section 66 and Schedule 5 and, so far as relating to those provisions and extending to Scotland, any provision of this Chapter is to be taken to be a pre-commencement enactment within the meaning of that Act.
SCHEDULE 1A Further provision about the inspectorate
Section 7
Delegation of functions
1 (1) A member of the inspectorate may delegate any of his functions (to such extent as he may determine) to another public authority.
(2) If a member of the inspectorate delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 7 and this Schedule as carried out by that member.
(3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.
Inspection programmes and inspection frameworks
2 (1) The chief inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare—
(a) a document setting out what inspections he proposes to carry out (an “inspection programme”);
(b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”).
(2) Before preparing an inspection programme or an inspection framework the chief inspector shall consult the Secretary of State and (subject to sub-paragraph (3))—
(a) Her Majesty's Chief Inspector of Prisons,
(b) Her Majesty's Chief Inspector of Constabulary,
(c) Her Majesty's Chief Inspector of the Crown Prosecution Service,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Care Quality Commission,
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) the Auditor General for Wales, ...
(ia) the Commissioner for Victims and Witnesses, and
(j) any other person or body specified by an order made by the Secretary of State,
and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.
(3) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.
(4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.
(5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectorate from making visits without notice.
Inspections by other inspectors of organisations within inspectorate's remit
3 (1) If—
(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and
(b) the chief inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,
the chief inspector shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.
(2) The persons or bodies within this sub-paragraph are—
(a) Her Majesty's Chief Inspector of Prisons;
(b) Her Majesty's Chief Inspector of Education, Children's Services and Skills;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the Care Quality Commission;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Secretary of State may by order amend sub-paragraph (2).
(4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.
(5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectorate under section 7.
(6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.
In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.
(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.
(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.
This is subject to sub-paragraph (9).
(9) The Secretary of State, if satisfied that the proposed inspection—
(a) would not impose an unreasonable burden on the organisation in question, or
(b) would not do so if carried out in a particular manner,
may give consent to the inspection being carried out, or being carried out in that manner.
(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—
(a) provision about the form of notices;
(b) provision prescribing the period within which notices are to be given;
(c) provision prescribing circumstances in which notices are, or are not, to be made public;
(d) provision for revising or withdrawing notices;
(e) provision for setting aside notices not validly given.
Co-operation
4 The inspectorate shall co-operate with—
(a) Her Majesty's Chief Inspector of Prisons,
(b) Her Majesty's Inspectors of Constabulary,
(c) Her Majesty's Inspectorate of the Crown Prosecution Service,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Care Quality Commission,
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) the Auditor General for Wales, and
(j) any other public authority specified by an order made by the Secretary of State,
where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectorate.
Joint action
5 (1) The inspectorate may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectorate's functions.
(2) The chief inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—
(a) what inspections the inspectorate proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and
(b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.
(3) The chief inspectors within this sub-paragraph are—
(a) Her Majesty's Chief Inspector of Prisons;
(b) Her Majesty's Chief Inspector of Constabulary;
(c) Her Majesty's Chief Inspector of the Crown Prosecution Service;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.
(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.
(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.
(8) In sub-paragraph (7)—
“specified” means specified in the direction;
“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
Assistance for other public authorities
6 (1) The chief inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.
(1A) The chief inspector may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).
(2) Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector thinks fit.
Joint inspection of courts
7. (1) The inspectorate may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.
(2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.
(3) The power of the inspectorate under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.
SCHEDULE 2 Children and Family Court Advisory and Support Service
Section 11.
Constitution
1 The Service is to consist of a chairman, and not less than nine other members, appointed by the Secretary of State.
2 (1) Regulations may provide—
(a) for the appointment of the chairman and other members and for the co-option by the Service for particular purposes of additional members (including the number, or limits on the number, of persons who may be appointed or co-opted and any conditions to be fulfilled for appointment or co-option),
(b) for the tenure of office of the chairman and other members and any co-opted members (including the circumstances in which they cease to hold office or may be removed or suspended from office).
(2) References below in this Schedule to members of the Service do not include co-opted members.
Remuneration etc. of members
3 (1) The Service may pay, or make provision for paying, to or in respect of any person who is or has been the chairman or another member—
(a) any remuneration, fees or expenses,
(b) any pension, allowance or gratuity,
determined by the Secretary of State.
(2) The Service may, to any extent determined by the Secretary of State, reimburse any co-opted members for any expenses or loss of earnings.
(3) Where a person ceases to be chairman or another member of the Service otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation, the Service may pay that person an amount determined by the Secretary of State.
Procedure
4 Regulations may provide for—
(a) the establishment and functions of committees (including committees which include persons who are not the chairman or another member of the Service),
(b) the procedure of the Service and of any of its committees (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).
Staff and other officers
5 (1) The Service may appoint—
(a) staff to perform the functions of officers of the Service, and
(b) other staff.
(2) Regulations may make provision as to the qualifications, experience or training to be required of officers of the Service (whether or not appointed under sub-paragraph (1)(a)).
(3) One of the staff appointed under sub-paragraph (1)(b) is to be the chief executive.
(4) The Service must not appoint a person—
(a) as chief executive, or
(b) as a member of the staff of a description specified in a direction given by the Secretary of State,
without the approval of the Secretary of State.
6 (1) Staff of the Service are to be appointed on terms and conditions determined by the Service as to—
(a) any remuneration, fees or expenses,
(b) any pension, allowance or gratuity.
(2) It is for the Service to determine the terms and conditions of any arrangements under section 13(4) under which individuals perform the functions of officers of the Service.
(3) But a determination under this paragraph requires the approval of the Secretary of State.
Delegation
7 The Service may arrange for the chairman or any other member to discharge functions of the Service on its behalf.
Payments to the Service
8 (1) The Secretary of State may, at any time, pay to the Service any amount he considers appropriate.
(2) If he considers it appropriate, he may make any payment on conditions.
Supervision
9 (1) Functions and other powers of the Service, and functions of any officer of the Service, must be performed in accordance with any directions given by the Secretary of State.
(2) In particular, the directions may make provision for the purpose of ensuring that the services provided are of appropriate quality and meet appropriate standards.
(3) The Service must provide the Secretary of State with any information relating to the performance of its functions which he may from time to time require.
Ancillary powers
10 (1) Subject to any directions given by the Secretary of State, the Service may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
(2) That includes, in particular—
(a) holding land and other property,
(b) entering into contracts,
(c) investing sums not immediately required for the purpose of performing its functions,
(d) accepting gifts.
(3) But the Service may not borrow money, whether by way of overdraft or otherwise, without the approval of the Secretary of State.
Directions
11 (1) Different directions may be given under this Schedule for different purposes.
(2) Directions under this Schedule may be either general or special.
Reports and accounts
12 (1) The Service must make a report to the Secretary of State in respect of each financial year on the performance of its functions.
(2) The Secretary of State may give directions as to—
(a) the information to be given in the report and the form in which it is to be given, and
(b) the time by which the report is to be given.
(3) The Secretary of State must—
(a) lay a copy of the report before each House of Parliament,
(b) arrange for the report to be published in a manner he considers appropriate.
13 (1) The Service must—
(a) keep proper accounts and proper records in relation to the accounts,
(b) prepare in respect of each financial year of the Service a statement of accounts, and
(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2) The statement of accounts must comply with any directions given by the Secretary of State as to—
(a) the information to be contained in it,
(b) the manner in which the information contained in it is to be presented,
(c) the methods and principles according to which the statement is to be prepared,
and must contain any additional information the Secretary of State may require to be provided for the information of Parliament.
(3) The Service must, in accordance with directions given by the Secretary of State—
(a) appoint an auditor who is not a member of the Service’s staff, and
(b) ensure that the auditor makes a report to the Secretary of State about the preparation of the accounts and about the statement of accounts.
(4) The Comptroller and Auditor General must examine, certify and report on the statement of accounts and must lay copies of the statement and of his report before each House of Parliament.
14 “Financial year”, in this Schedule, means—
(a) the period beginning with the date on which the Service is established and ending with the next following 31st March, and
(b) each successive period of twelve months.
Complaints
15 The Service must make and publicise a scheme for dealing with complaints made by or on behalf of prescribed persons in relation to the performance by the Service and its officers of their functions.
Status
16 The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.
General
17 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), at the appropriate place there is inserted—
Children and Family Court Advisory and Support Service.
18 (1) Employment with the Service shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
(2) The Service must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
19 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place there is inserted—
The Children and Family Court Advisory and Support Service
Section 19.
1 A scheme may, in particular—
(a) provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,
(b) provide for any property, liabilities or conditions to be determined under the scheme.
2 (1) A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
(2) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme.
(3) In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.
3 (1) Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.
(2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both.
(3) A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.
4 Paragraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
5 A certificate issued by the Secretary of State that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.
Section 70.
1 Offences under the following provisions of the Theft Act 1968 are trigger offences:
section 1 (theft)
section 8 (robbery)
section 9 (burglary)
section 10 (aggravated burglary)
section 12 (taking motor vehicle or other conveyance without authority)
section 12A (aggravated vehicle-taking)
...
section 22 (handling stolen goods)
section 25 (going equipped for stealing, etc.)
2 Offences under the following provisions of the Misuse of Drugs Act 1971 are trigger offences, if committed in respect of a specified Class A drug:
section 4 (restriction on production and supply of controlled drugs)
section 5(2) (possession of controlled drug)
section 5(3) (possession of controlled drug with intent to supply)
3 Offences under the following provisions of the Fraud Act 2006 are trigger offences—
section 1 (fraud)
section 6 (possession etc. of articles for use in frauds)
section 7 (making or supplying articles for use in frauds).
3A. An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger offence, if committed in respect of an offence under—
(a) any of the followingprovisions of the Theft Act 1968:
section 1 (theft)
section 8 (robbery)
section 9 (burglary)
section 22 (handling stolen goods), or
(b) section 1 of the Fraud Act 2006 (fraud).
4. Offences under the following provisions of the Vagrancy Act 1824 are trigger offences:
section 3 (begging)
section 4 (persistent begging).
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 75.
Chapter | Short title | Extent of repeal
1948 c. 58. | Criminal Justice Act 1948. | In section 27, in subsection (1), the words from “then, if the court” to “not been so notified”, and subsection (2). In section 39(3), “or remand centre”. In section 80(1), the definitions of “local authority” and “remand centre”.
1952 c. 52. | Prison Act 1952. | In section 37(4), “remand centre”. In section 43, subsection (1)(a), in subsection (2), in paragraph (a) “a remand centre or” and paragraphs (b) and (c), subsection (3), in subsection (4), “remand centres” and subsection (7). In section 47, in subsection (1), “remand centres” and, in subsection (5), “remand centre”.
1955 c. 18. | Army Act 1955. | In section 71A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the “and” preceding it, in subsection (1E), paragraph (b) and the “or” preceding it and, in subsection (5), “custody for life or” and “and to a sentence of custody for life”. In section 71AA(1AA), “aged 17”. In section 71AB(1), paragraph (b) and the “or” preceding it. In Schedule 5A, in paragraph 10(1A), “under 18 years of age” and, in paragraph 15(3), in the second column of the table, “Custody for life”.
1955 c. 19. | Air Force Act 1955. | In section 71A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the “and” preceding it, in subsection (1E), paragraph (b) and the “or” preceding it and, in subsection (5), “custody for life or” and “and to a sentence of custody for life”. In section 71AA(1AA), “aged 17”. In section 71AB(1), paragraph (b) and the “or” preceding it. In Schedule 5A, in paragraph 10(1A), “under 18 years of age” and, in paragraph 15(3), in the second column of the table, “Custody for life”.
1957 c. 53. | Naval Discipline Act 1957. | In section 43A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the “and” preceding it, in subsection (1E), paragraph (b) and the “or” preceding it and, in subsection (5), “custody for life or” and “and to a sentence of custody for life”. In section 43AA(1AA), “aged 17”. In section 43AB(1), paragraph (b) and the “or” preceding it. In Schedule 4A, in paragraph 10(1A), “under 18 years of age” and, in paragraph 15(3), in the second column of the table, “Custody for life”.
1959 c. 45. | Metropolitan Magistrates’ Courts Act 1959. | Section 3. In section 4(2), “of the probation system within the inner London probation area”.
1967 c. 80. | Criminal Justice Act 1967. | In section 67(6), “to a remand centre or”.
1968 c. 27. | Firearms Act 1968. | In section 52(1)(a), “in a young offender institution or”.
1969 c. 54. | Children and Young Persons Act 1969. | In section 23 (as it has effect pursuant to section 98(2) of the Crime and Disorder Act 1998), in subsection (1), “a remand centre or”, subsection (4)(b), in subsection (5), “remand centre or” and, in subsection (5A), “a remand centre or”. Children and Young Persons Act 1969.—cont. In section 46(1), “within the meaning of the Probation Service Act 1993”. In Schedule 3, in paragraph 9(2)(a), “or”.
1971 c. 40. | Fire Precautions Act 1971. | In section 40(2)(a), “remand centre”.
1972 c. 70. | Local Government Act 1972. | In Part I of Schedule 12A, in paragraph 2(a), “or”.
1974 c. 23. | Juries Act 1974. | In Schedule 1, in Part I, in Group B, in the entry for the warden and staff of a probation hostel or bail hostel, “(within the meaning of the Probation Service Act 1993)”.
1976 c. 36. | Adoption Act 1976. | In section 65(1)(b), “of a person to act as reporting officer”. Section 65A.
1980 c. 43. | Magistrates’ Courts Act 1980. | In section 11(3), “or detention in a detention centre”. In section 31, in subsections (1) and (2), “or youth custody”. Section 72. In section 77(2), “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)”. In section 82(1)(c), “youth custody or detention in a detention centre”. Section 96A. In section 133, in subsection (1), the first, second and fourth mentions of “or youth custody” and subsection (2A). Section 135(3). Section 136(4). In Schedule 6A, the entry relating to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000.
1980 c. 57. | Imprisonment (Temporary Provisions) Act 1980. | In section 6, in subsections (1) and (2), “remand centre”.
. . . | . . . | . . .
1983 c. 41. | Health and Social Services and Social Security Adjudications Act 1983. | In section 10(16), paragraph (b) and the “and” preceding it.
1988 c. 33. | Criminal Justice Act 1988. | In section 75(3), “or of detention under section 108 of that Act of 2000 (detention of persons aged 17 to 20 for contempt)”.
1988 c. 34. | Legal Aid Act 1988. | In section 21(11), “or a remand centre”.
1988 c. 52. | Road Traffic Act 1988. | Section 105(2)(b).
1989 c. 41. | Children Act 1989. | In section 16, subsections (8) and (9). In section 31(1)(b), “or of a probation officer”. In section 41, subsections (7) to (9) and (12). In section 58(4)(a), “or”. In Schedule 3, in paragraph 9, sub-paragraphs (2) to (5). In Schedule 10, paragraph 29.
1990 c. 41. | Courts and Legal Services Act 1990. | In Schedule 16, paragraphs 7 and 17. In Schedule 18, paragraph 25(4)(b).
1991 c. 25. | Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. | In Schedule 1, in paragraph 4(1), paragraph (c) and the “or” preceding it.
1991 c. 53. | Criminal Justice Act 1991. | Section 37A(7). In section 45(1), “or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”. Section 68(b). In section 92(1), in the definition of “prison”, “or remand centre”. In Schedule 8, paragraphs 2 and 6(3). In Schedule 12, in paragraphs 15(4) and 16(3), “remand centre or”.
1992 c. 14. | Local Government Finance Act 1992. | In Schedule 1, in paragraph 1(4), “or section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”.
1993 c. 47. | Probation Service Act 1993. | The whole Act.
1994 c. 19. | Local Government (Wales) Act 1994. | In Schedule 16, paragraph 109.
1994 c. 33. | Criminal Justice and Public Order Act 1994. | In section 117(3)(a), “and a remand centre”. Criminal Justice and Public Order Act 1994.—cont. In section 125(3)(a), “remand centre or”. In Schedule 10, paragraphs 72 and 73.
1994 c. 37. | Drug Trafficking Act 1994. | In section 9, in subsection (2), “or of detention under section 108 of the 2000 Act (detention of persons aged 18 to 20 for default)” and, in subsection (5), “or detention”. In section 10(2), “or detention”. In section 15(13), “or of detention”. In section 16(4)(b), “or detention”. In section 17(4)(b), “or of detention”. In section 21(5)(a), “or of detention”. In section 41(7), “or detention”.
1996 c. 33. | Prisoners’ Earnings Act 1996. | In section 4(2), in the definition of “prisoner”, “or remand centre”.
1997 c. 43. | Crime (Sentences) Act 1997. | Section 28(9). In section 34(1), the words following the first mention of “sentences”. In Schedule 5, paragraph 5(1).
1998 c. 37. | Crime and Disorder Act 1998. | In Schedule 8, paragraph 110.
1999 c. 14. | Protection of Children Act 1999. | Section 6.
1999 c. 22. | Access to Justice Act 1999. | In Schedule 10, paragraphs 17 and 41 to 45. In Schedule 11, paragraphs 15 and 42.
1999 c. 29. | Greater London Authority Act 1999. | Section 326.
2000 c. 6. | Powers of Criminal Courts (Sentencing) Act 2000. | Section 38. In section 40(1)(a), the words from “(including” to “available)”. In section 46(13), “(a) or (b)”. In section 47(5)(a), “(a) or (b)”. In section 64(2), the words from “and selected under arrangements” to the end of the subsection. In section 76(1), paragraphs (c) and (d). In section 78, in subsections (1) and (2), “or detention in a young offender institution”. In section 87(12), paragraph (b) and the preceding “and”. ... Section 99(2). In section 106, subsection (1) and, in subsection (3), the words from the beginning to “and”. Section 108. Section 110(6). Section 111(6). Section 137(2)(a). In section 139, in subsection (2), “or of detention under section 108 above (detention of persons aged 18 to 20 for default)”, in subsection (3), “or detained”, in subsection (3)(c), “custody for life or detention in a young offender institution”, in subsection (4), “or detention” and, in subsection (5), the second “or detention”. In section 140(3), “or detention under section 108 above”. In section 163, the definitions of “combination order”, “probation order” and “probation period”. In Schedule 3, paragraph 9(2), in paragraph 25, sub-paragraph (2) and, in sub-paragraph (3), “or (2)”. In Schedule 7, in paragraph 7(7), paragraph (a) and, in paragraph (b), “if the justice or youth court has not been so notified”. In Schedule 8, in paragraph 6(7), paragraph (a) and, in paragraph (b), “if it has not been so notified”. In Schedule 9, 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, 166(3), 182, in paragraph 183, sub-paragraph (2)(b) and the preceding “and”, sub-paragraphs (3)(b) and (3)(c) and paragraph 188. In Schedule 10, in paragraph 12(2), the “and” preceding paragraph (d).
2000 c. 21. | Learning and Skills Act 2000. | In section 121(1), the definition of “probation committee”.
2000 c. | Criminal Justice and Court Services Act 2000. | In section 30(1), paragraph (b) of the definition of “qualifying sentence”. In section 69(7), paragraph (b) of the definition of “relevant sentence”.
The repeals—
(a) in sections 28 and 34 of, and paragraph 5 of Schedule 5 to, the Crime (Sentences) Act 1997, and
(b) of paragraphs 182 and 188 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000,
have effect in relation to sentences passed after the coming into force of section 60 of this Act.