Contents
- Part I The New Services
- Part II Protection of Children
- Part III Dealing with offenders
- Part IV General and supplementary
- Schedule 1 Local probation boards
- Schedule 1A Further provision about the inspectorate
- Schedule 2 Children and Family Court Advisory and Support Service
- Schedule 3 Transfer of property
- Schedule 4 Meaning of “offence against a child”
- Schedule 5 Amendments of the Sex Offenders Act 1997
- Schedule 6 Trigger offences
- Schedule 7 Minor and consequential amendments
- Schedule 8 Repeals
Part I · The New Services
Chapter I · National Probation Service for England and Wales
Functions
3Functions of the Secretary of State.#
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5Functions of local probation boards.#
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5ALocal probation boards and service justice#
(1)A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court.
(2)Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.
6The inspectorate.#
(1)The inspectorate, and the office of chief inspector, established under section 23 of the noteProbation Service Act 1993 (inspectorate of probation) shall continue in being, note...
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(2)The power to appoint a person to be chief inspector or one of the other members of the inspectorate is exercisable by the Secretary of State.
(3)The Secretary of State may determine—
(a)the number of members of the inspectorate,
(b)the remuneration, allowances or other amounts to be paid by him to or in respect of the members of the inspectorate.
(4)Below in this Chapter—
(a)references to the chief inspector are to Her Majesty’s Chief Inspector of Probation for England and Wales,
(b)references to the members of the inspectorate are to the chief inspector and the other members of Her Majesty’s Inspectorate of Probation for England and Wales.
7Functions of inspectorate.#
(1)The chief inspector must secure that the provision made in pursuance of arrangements made by the Secretary of State under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services) is inspected by a member of the inspectorate.
(2)The Secretary of State may direct the members of the inspectorate to assess the provision made by reference to criteria specified in directions.
(3)A report of an inspection under subsection (1) must be sent to the Secretary of State.
(4)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,
(b)the time by which the report is to be given.
(5)The Secretary of State must lay a copy of the report before each House of Parliament.
(6)The Secretary of State may give directions, in connection with the purposes mentioned in section 1 of the Offender Management Act 2007 or any related purposes, conferring further functions on the chief inspector and the other members of the inspectorate.
(7)Schedule 1A (which makes further provision about the inspectorate) has effect.
Introduction
Miscellaneous
Chapter II · Children and Family Court Advisory and Support Service
11Establishment of the Service.#
(1)There shall be a body corporate to be known as the Children and Family Court Advisory and Support Service (referred to in this Part as the Service) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.
(2)Schedule 2 (which makes provision about the constitution of the Service, its powers and other matters relating to it) is to have effect.
(3)References in this Act or any other enactment to an officer of the Service are references to—
(a)any member of the staff of the Service appointed under paragraph 5(1)(a) of that Schedule, and
(b)any other individual exercising functions of an officer of the Service by virtue of section 13(2) or (4).
12Principal functions of the Service.#
(1)In respect of family proceedings in which the welfare of children other than children ordinarily resident in Wales is or may be in question, it is a function of the Service to—
(a)safeguard and promote the welfare of the children,
(b)give advice to any court about any application made to it in such proceedings,
(c)make provision for the children to be represented in such proceedings,
(d)provide information, advice and other support for the children and their families.
(2)The Service must also make provision for the performance of any functions conferred on officers of the Service by virtue of this Act or any other enactment (whether or not they are exercisable for the purposes of the functions conferred on the Service by subsection (1)).
(3)Regulations may provide for grants to be paid by the Service to any person for the purpose of furthering the performance of any of the Service’s functions.
(4)The regulations may provide for the grants to be paid on conditions, including conditions—
(a)regulating the purposes for which the grant or any part of it may be used,
(b)requiring repayment to the Service in specified circumstances.
(5)In this section, “family proceedings” has the same meaning as in the noteMatrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the noteChildren Act 1989, but—
(a)references to family proceedings include (where the context allows) family proceedings which are proposed or have been concluded, and
(b)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13Other powers of the Service.#
(1)The Service may make arrangements with organisations under which the organisations perform functions of the Service on its behalf.
(2)Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of officers of the Service.
(3)But the Service may only make an arrangement under subsection (1) if it is of the opinion—
(a)that the functions in question will be performed efficiently and to the required standard, and
(b)that the arrangement represents good value for money.
(4)The Service may make arrangements with individuals under which they may perform functions of officers of the Service.
(5)The Service may commission, or assist the conduct of, research by any person into matters concerned with the exercise of its functions.
14Provision of staff or services to other organisations.#
(1)The Service may make arrangements with an organisation or individual under which staff of the Service may work for the organisation or individual.
(2)The Service may make arrangements with an organisation or individual under which any services provided to the Service by its staff are also made available to the organisation or individual.
(3)The Service may charge for anything done under arrangements under this section.
15Right to conduct litigation and right of audience.#
(1)The Service may authorise an officer of the Service of a prescribed description—
(a)to conduct litigation in relation to any proceedings in any court,
(b)to exercise a right of audience in any proceedings before any court,
in the exercise of his functions.
(2)An officer of the Service exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
(3)An officer of the Service exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
(4)In this section and section 16, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the noteCourts and Legal Services Act 1990.
16Cross-examination of officers of the Service.#
(1)An officer of the Service may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.
(2)But an officer of the Service may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with section 15.
Chapter III · General
Interpretation
25Interpretation of Part I.#
In this Part—• note...• note...• “by virtue of” includes by or under,• “organisation” includes a public body and a private or voluntary organisation,• “prescribed” means prescribed by regulations,• “regulations” means—(a) in the case of regulations under section 15, regulations made by the Lord Chancellor, and(b) in any other case, regulations made by the Secretary of State.
Property and staff
18Definitions.#
(1)This section applies for the purposes of sections 19 to 21 and Schedule 3.
(2)“Eligible employee” means—
(a)in relation to a local authority or the Official Solicitor or the Receiver for the Metropolitan Police District, a person who is employed under a contract of employment with the authority, the solicitor or the receiver on work which would have continued but for this Part,
(b)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)“New employer” means note... the Service.
(4)“Old employer” means a local authority, note..., the Official Solicitor or the Receiver for the Metropolitan Police District.
(5)“Property” includes rights and interests of any description, other than—
(a)those under a contract of employment,
(b)land, in the case of transfers to a local board.
19Property.#
(1)The Secretary of State may by order make a scheme—
(a)for the transfer to the Secretary of State or the Service of any property belonging to the old employer,
(b)for the transfer to the Secretary of State or the Service of any liabilities to which the old employer is subject,
(c)for the transfer of property or liabilities to a new employer after an initial transfer to the Secretary of State under paragraph (a) or (b),
(2)Stamp duty is not chargeable in respect of any transfer or grant to the Service effected by virtue of this section.
(3)No instrument made or executed under or in pursuance of the scheme for the purposes of such a transfer or grant is to be treated as duly stamped unless—
(a)it is stamped with the duty to which it would, but for this section, be liable, or
(b)it has, in accordance with the provisions of section 12 of the noteStamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
(4)Schedule 3 (contents of schemes) applies in relation to a scheme under this section.
(5)For the purposes of stamp duty land tax, a land transaction effected by virtue of this section, under which the purchaser is the Service, is exempt from charge.
(6)Relief under subsection (5) must be claimed in a land transaction return or an amendment of such a return.
(7)In this section—• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;• “land transaction return” has the meaning given by section 76(1) of that Act;• “purchaser” has the same meaning as in Part 4 of that Act.
20Transfer of staff.#
(1)The Secretary of State may by order make a scheme for the transfer to a new employer of any eligible employee.
(2)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A scheme may apply—
(a)to all, or any description of, eligible employees or persons so employed, or
(b)to any individual eligible employee or person so employed.
21Effect of transfer of eligible employees.#
(1)The contract of employment of an employee transferred under a scheme—
(a)is not terminated by the transfer,
(b)has effect from the date of transfer as if originally made between the employee and the transferee.
(2)Where an employee is transferred under a scheme—
(a)all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer, and
(b)anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
(3)But if the employee informs the old employer or the transferee that he objects to the transfer—
(a)subsections (1) and (2) do not transfer his contract of employment, or the rights, powers, duties and liabilities under or in connection with it, and
(b)the contract of employment is terminated immediately before the date of transfer.
(4)An employee is not to be treated, for the purposes of the noteEmployment Rights Act 1996, as having been dismissed by the old employer by reason of—
(a)the transfer of his contract of employment under a scheme, or
(b)the termination of his contract of employment by virtue of subsection (3).
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.
(7)In this section—• “date of transfer” means the date of transfer determined under the scheme in relation to the employee,• “scheme” means a scheme made by virtue of section 20,• “transferee” means the new employer to whom the employee is or would be transferred under the scheme.
22Effect of transfer of chief probation officers.#
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23Transfer of staff in consequence of arrangements under Part I.#
(1)This section applies where, by reason of the implementation or termination of any arrangements under section 5, 8 or 13, any functions exercisable by any person (the “old employer”) become exercisable by another person (whether on behalf, or instead, of the old employer).
(2)The Secretary of State may by order make a scheme for the transfer to the other person (the “transferee”) of any person (an “eligible employee”) employed under a contract of employment with the transferor on work which would have continued but for the implementation or termination of the arrangements.
(3)A scheme may apply—
(a)to all, or any description of, eligible employees, or
(b)to any individual eligible employee.
(5)Section 21 (except subsection (5) and the definitions of “scheme” and “transferee”) applies to a scheme made by virtue of this section as it applies to a scheme made by virtue of section 20, and as if “old employer” and “transferee” had the same meanings as in this section.
Provision for the protection of children
Part II · Protection of Children
General
42Interpretation of Part II.#
(1)In this Part—• note...• “care home” has the same meaning as in the noteCare Standards Act 2000,• "charity trustee” has the same meaning as in the Charities Act 2011,• “child” means a person under the age of 18,• “children’s home” has—(a) in relation to England and Wales, the same meaning as in the Care Standards Act 2000,(b) in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the noteChildren (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, sub-paragraphs (a), (f) and (g) and the words after sub-paragraph (h) were omitted,• “Class A drug” has the same meaning as in the noteMisuse of Drugs Act 1971,• “day care premises” means—(a) in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006,(b) in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care,• “disqualification order” has the meaning given by section 30,• “educational institution” means an institution which is exclusively or mainly for the provision of full-time education to children,• “employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services,• “hospital” has—(a) in relation to England and Wales, the meaning given by section 128(1) of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006,(b) in relation to Northern Ireland, the meaning given by Article 2(2) of the noteHealth and Personal Social Services (Northern Ireland) Order 1972,• “local authority” has the same meaning as in the noteEducation Act 1996,• “nursing home” has the meaning given by Article 16 of the noteRegistered Homes (Northern Ireland) Order 1992,• “private hospital” has the meaning given by Article 90(2) of the noteMental Health (Northern Ireland) Order 1986,• “residential care home” has the meaning given by Article 3 of the noteRegistered Homes (Northern Ireland) Order 1992,• “the Tribunal” means the First-tier Tribunal,• “voluntary home” has the meaning given by Article 74(1) of the noteChildren (Northern Ireland) Order 1995,• “work” includes—(a) work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract, and(b) an office established by or by virtue of an enactment,• and “working” is to be read accordingly.
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Disqualification orders
26Meaning of “offence against a child”.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
27Equivalent armed forces offences.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
28Disqualification from working with children: adults.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).
(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.
(6)Regulations shall be subject to negative resolution.
29Disqualification from working with children: juveniles.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).
(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.
29ADisqualification at discretion of court: adults and juveniles#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
29BSubsequent application for order under section 28 or 29#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(i)is not resident in Northern Ireland; or
(ii)is concerned in a representative, fiduciary or official capacity; or
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(i)is not resident in Northern Ireland; or
(ii)is concerned in a representative, fiduciary or official capacity; or
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
30Sections 28 and 29: supplemental.#
(1)In sections 28 and this section—• “guardianship order” means a guardianship order within the meaning of the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 or the Mental Health Act 1983, • “qualifying sentence” means— ((a)) a sentence of imprisonment for a term of 12 months or more, ((b)) a sentence of detention in a young offender institution for a term of 12 months or more, ((c)) a sentence of detention during Her Majesty’s pleasure, ((d)) a sentence of detention for a period of 12 months or more under section 91 of the M5Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), ((e)) a detention and training order for a term of 12 months or more, ((f)) a sentence of detention for a term of 12 months or more imposed by a court-martial or the Courts-Martial Appeal Court, ((g)) a hospital order within the meaning of the Mental Health Act 1983, or ((h)) a guardianship order• “relevant order” means— ((a)) an order made by the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court that the individual in question be admitted to hospital, or ((b)) a guardianship order, • “senior court” means the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
31Appeals.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
32Review of disqualification.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
33Conditions for application under section 32.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(6)Regulations shall be subject to negative resolution.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(i)is not resident in Northern Ireland; or
(ii)is concerned in a representative, fiduciary or official capacity; or
(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.
(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—
(7)In this section—• “old committee” has the same meaning as in section 14 above;• “new committee” means a regional flood defence committee established under section 14 above;• “the relevant Minister”—(a) in relation to the regional flood defence committee for an area the whole or the greater part of which is in Wales, means the Secretary of State; and(b) in relation to any other regional flood defence committee, means the Minister.
(8)The Law Society shall as soon as possible after the end of each financial year make an annual report to the Lord Chancellor on the operation and finance of this Part during that year.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
34Restoration of disqualification order.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).
(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(6)Regulations shall be subject to negative resolution.
Effect of disqualification from working with children
35Persons disqualified from working with children: offences.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.
(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.
(6)Regulations shall be subject to negative resolution.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
36Meaning of “regulated position”.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.
(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—
(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);
(g)a resolution of the directors passed under Article 157(2) (alteration of memorandum on company ceasing to be a public company, following acquisition of its own shares);
(h)a resolution conferring, varying, revoking or renewing authority under Article 176 (market purchase of company's own shares);
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.
(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—
(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.
(6)Regulations shall be subject to negative resolution.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(ba)regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.
(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—
(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);
(fa)requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;
(g)a resolution of the directors passed under Article 157(2) (alteration of memorandum on company ceasing to be a public company, following acquisition of its own shares);
(h)a resolution conferring, varying, revoking or renewing authority under Article 176 (market purchase of company's own shares);
(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(i)is not resident in Northern Ireland; or
(ii)is concerned in a representative, fiduciary or official capacity; or
(8)The Law Society shall as soon as possible after the end of each financial year make an annual report to the Lord Chancellor on the operation and finance of this Part during that year.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.
(8A)For the purposes of the definitions in subsection (8) above of “co-operative marketing business" and “co-operative association", the members of a co-operative association shall be deemed to include the members of any other co-operative association which—
(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.
(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(11)In this Article “the Commission” means the Northern Ireland Legal Services Commission.
(12)In this Article—
(13)In this Article and Article 12 “employment officer” means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.
(i)is not resident in Northern Ireland; or
(ii)is concerned in a representative, fiduciary or official capacity; or
(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.
(14)In this section—• “area committee” has the same meaning as in section 18 of the noteLocal Government Act 2000,• “detention” means detention by virtue of an order of a court or under an enactment,• “education functions” in relation to a local authority has the meaning given by section 579(1) of the Education Act 1996,• “executive”, in relation to a local authority, has the same meaning as in Part II of the Local Government Act 2000,• “social services functions”, in relation to a local authority, has the same meaning as in the noteLocal Authority Social Services Act 1970.
(15)Any amount which is payable under an adjudication of a parking adjudicator shall, if a county court so orders, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order.
37Disqualification in Scotland or Northern Ireland.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
38Rehabilitation of offenders.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
Indecent conduct towards children
39Extension of offence: conduct towards 14 and 15 year olds.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40Extension of corresponding Northern Ireland offence: conduct towards 14 to 16 year olds.#
(1)Subject to paragraph (2), a person who sells to a personnote. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.
(2)For subsection (2) of that section (penalties) there shall be substituted the following subsection—“2 Any person guilty of an offence under subsection (1)(a), (b) or (c) or subsection (1A) shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or to both, and any person guilty of an offence under subsection (1)(d) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”
(3)An agreement made under section 42(4)note of, or under section 28note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.
(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and
(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;
Indecent photographs of children: increase of maximum penalties
41Indecent photographs of children: increase of maximum penalties.#
(1)In section 6(2) of the noteProtection of Children Act 1978 (punishments), for “three” there is substituted “ ten ”.
(2)In Article 3(4)(a) of the noteProtection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for “three” there is substituted “ ten ”.
(3)In section 160 of the noteCriminal Justice Act 1988 (summary offence of possession of indecent photograph of child)—
(a)after subsection (2) there is inserted—“2A A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.”
(b)for the sidenote there is substituted “ Possession of indecent photograph of child ”.
(4)In Article 15 of the noteCriminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)—
(a)after paragraph (2) there is inserted—“2A A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.”
(b)for the heading there is substituted “ Possession of indecent photograph of child ”.
Part III · Dealing with offenders
Chapter I · Community sentences
Miscellaneous
49Community sentences: drug abstinence requirements.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50Community sentences: curfew requirements.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52Community sentences: electronic monitoring of requirements.#
After section 36A of the notePowers of Criminal Courts (Sentencing) Act 2000 there is inserted—“36B 1 Subject to subsections (2) to (4) below, a community order may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order.2 A court shall not include in a community order a requirement under subsection (1) above unless the court—a has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; andb is satisfied that the necessary provision can be made under those arrangements.3 Where—a it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; butb there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,the requirement shall not be included in the order without that person’s consent.4 Where—a it is proposed to include in a community rehabilitation order or a community punishment and rehabilitation order a requirement for securing the electronic monitoring of the offender’s compliance with a requirement such as is mentioned in paragraph 8(1) of Schedule 2 to this Act; butb there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,the requirement shall not be included in the order without that person’s consent.5 An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.6 The Secretary of State may make rules for regulating—a the electronic monitoring of compliance with requirements included in a community order; andb without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.7 In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.• In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.8 In the case of a community rehabilitation order or a community punishment and rehabilitation order, the relevant areas are each of the following—a where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 7 of Schedule 2 to this Act, the area mentioned in sub-paragraph (5) of that paragraph;b where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 8 of that Schedule, the area mentioned in sub-paragraph (5) of that paragraph;c where it is proposed to include in the order a requirement for securing compliance with any other requirement, the area proposed to be specified under section 41(3) below.9 In the case of a community punishment order, a drug treatment and testing order, a drug abstinence order, a supervision order or an action plan order, the relevant area is the petty sessions area proposed to be specified in the order.10 In the case of an attendance centre order, the relevant area is the petty sessions area in which the attendance centre proposed to be specified in the order is situated.”
New community orders
Renaming certain community orders
43Probation orders renamed community rehabilitation orders.#
(1)An order under subsection (1) of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders), whenever made, is to be referred to as a community rehabilitation order.
(2)References in any enactment, instrument or document to a community rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3)Accordingly—
(a)in subsection (2) of that section, for “ “probation order”” there is substituted “ “community rehabilitation order” ”, but
(b)paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4)References in any enactment, instrument or document to a probation order—
(a)are to an order under any provision corresponding to section 41(1) of that Act which is repealed by that Act, and
(b)include (where the context allows) an order under that subsection.
(5)In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), 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”
44Community service orders renamed community punishment orders.#
(1)An order under subsection (1) of section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders), whenever made, is to be referred to as a community punishment order.
(2)References in any enactment, instrument or document to a community punishment order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3)Accordingly—
(a)in subsection (2) of that section, for “ “community service order”” there is substituted “ “community punishment order” ”, but
(b)paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4)References in any enactment, instrument or document to a community service order—
(a)are to an order under any provision corresponding to section 46(1) of that Act which is repealed by that Act, and
(b)include (where the context allows) an order under that subsection.
(5)In section 163 of the notePowers of Criminal Courts (Sentencing) Act 2000 (general definitions), in the definition of “community service order”—
(a)for “service” there is substituted “ punishment ”,
(b)for the words from “means” to the first mention of “above” there is substituted “ has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000 ”,
and that definition is moved to follow the definition of “community order”.
45Combination orders renamed community punishment and rehabilitation orders.#
(1)An order under subsection (1) of section 51 of the Powers of Criminal Courts (Sentencing) Act 2000 (combination orders), whenever made, is to be referred to as a community punishment and rehabilitation order.
(2)References in any enactment, instrument or document to a community punishment and rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3)Accordingly—
(a)in subsection (2) of that section, for “ “combination order”” there is substituted “ “community punishment and rehabilitation order” ”, but
(b)paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4)References in any enactment, instrument or document to a combination order—
(a)are to an order under any provision corresponding to section 51(1) of that Act which is repealed by that Act, and
(b)include (where the context allows) an order under that subsection.
(5)In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted—““community punishment and rehabilitation order” has the meaning given by section 45 of the Criminal Justice and Court Services Act 2000”
Chapter II · Miscellaneous
Bail
58Right to bail: relevance of drug misuse.#
In section 4 of the noteBail Act 1976 (general right to bail), after subsection (8) there is inserted—“9 In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the noteMisuse of Drugs Act 1971).”
Detention
Police powers: drugs
57Testing persons in police detention.#
(1)The notePolice and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
(2)After section 63A there is inserted—“63B 1 A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.2 The first condition is—a that the person concerned has been charged with a trigger offence; orb that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.3 The second condition is that the person concerned has attained the age of 18.4 The third condition is that a police officer has requested the person concerned to give the sample.5 Before requesting the person concerned to give a sample, an officer must—a warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, andb in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.6 A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.7 Information obtained from a sample taken under this section may be disclosed—a for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the noteBail Act 1976) to the person concerned;b where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;c where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;d for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.8 A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.63C 1 A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.2 A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.3 If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.4 If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.5 Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.6 In section 63B above—• “Class A drug” and “misuse” have the same meanings as in the noteMisuse of Drugs Act 1971;• “specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.”
(3)In section 38 (duties of custody officer after charge)—
(a)in subsection (1)(a), after sub-paragraph (iii) there is inserted—“iiia in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below”
(b)at the end of subsection (2) there is inserted “ but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence ”.
(4)At the end of section 66 (codes of practice) there is inserted—“2 Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.”
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Release of prisoners on licence etc.
62Release on licence etc: electronic monitoring conditions.#
(1)This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
(a)the Secretary of State is required to, or may, release the person from prison, and
(b)the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
(2)The conditions may include electronic monitoring conditions.
(2A)An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.
(2B)A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.
(3)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
(5)In this section, “sentence of imprisonment” includes—
(a)a detention and training order,
(b)a sentence of detention in a young offender institution,
(c)a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
(d)a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),
(e)a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),, note...
(f)a sentence of detention under section 226 , 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code(including one passed as a result of section 221 , 221A or 222 of the Armed Forces Act 2006)
(g)a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, note...
(ga)a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,
(h)an order under section 211 of the Armed Forces Act 2006,, and
(i)a custodial order under—
(i)section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
(ii)paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,
and “prison” shall be construed accordingly.
(5A)In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following—
(a)electronic monitoring of the person's compliance with another condition of release, and
(b)electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).
62ARelease on licence etc: compulsory electronic monitoring conditions#
(1)The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.
(2)An order under this section may—
(a)require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;
(b)make provision generally or in relation to a case described in the order.
(3)An order under this section may, in particular—
(a)make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;
(b)make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;
(c)make provision by reference to whether a person specified in the order is satisfied of a matter.
(4)An order under this section may not make provision about a case in which the sentence imposed on the person is—
(a)a detention and training order,
(b)a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 or 252A of the Sentencing Code (detention of offenders under 18 convicted of certain offences),
(c)a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), note...
(ca)a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain offences),
(d)an order under section 211 of the Armed Forces Act 2006, or
(e)a custodial order under—
(i)section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
(ii)paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.
(5)In this section, “electronic monitoring condition” has the same meaning as in section 62.
62BData from electronic monitoring: code of practice#
(1)The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.
(2)A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
63Supervision of young offenders after release.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64Release on licence etc: drug testing requirements.#
(1)This section applies where—
(a)the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed note... , and
(b)the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed), note...
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Those conditions may include the following requirement.
(3)The requirement is that the person must provide, when instructed to do so by an officer of a local probation board , an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug or specified Class B drug in his body.
(4)The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and rules made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.
(5)In this section, “sentence of imprisonment” includes—
(a)a detention and training order,
(b)a sentence of detention in a young offender institution,
(c)a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
(d)a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),
(e)a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code,
(g)a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, note...
(ga)a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,
(h)an order under section 211 of the Armed Forces Act 2006, and
(i)a custodial order under—
(i)section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
(ii)paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,
and “prison” shall be construed accordingly.
64ARelease on licence etc: drug appointments#
(1)This section applies where—
(a)the Secretary of State releases a person serving a sentence of imprisonment (“the offender”) who is aged 18 or over,
(b)the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed),
(c)an officer of a provider of probation services has recommended to the Secretary of State that a condition authorised by this section be imposed on the offender, and
(d)the Secretary of State is satisfied of the matters in subsection (2).
(2)Those matters are—
(a)that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,
(b)that the offender is dependent on, or has a propensity to misuse, a controlled drug,
(c)that the dependency or propensity requires, and may be susceptible to, treatment, and
(d)that arrangements have been made, or can be made, for the offender to have treatment.
(3)The conditions mentioned in subsection (1)(b) may include a condition which requires the offender, in accordance with instructions given by an officer of a provider of probation services, to attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.
(4)The condition must specify—
(a)the person with whom the offender is to meet or under whose direction the appointments are to take place, and
(b)where the appointments are to take place.
(5)The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.
(6)The only instructions that an officer of a provider of probation services may give for the purposes of the requirement are instructions as to—
(a)the duration of each appointment, and
(b)when each appointment is to take place.
(7)For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.
(8)In this section—• “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;• “sentence of imprisonment” does not include a detention and training order or an order under section 211 of the Armed Forces Act 2006 but does include—(a) a sentence of detention in a young offender institution,(b) a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty's pleasure),(c) a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),(d) a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),(e) a sentence of detention under section 226, 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code (including one passed as a result of section 221, 221A or 222 of the Armed Forces Act 2006),(f) a sentence of detention under section 209 of the Armed Forces Act 2006 or section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain serious offences), and(g) a sentence of detention under section 218 of the Armed Forces Act 2006 or section 71A(3) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) of the Naval Discipline Act 1957 (detention at Her Majesty's pleasure).
65Short-term prisoners: release subject to curfew conditions.#
In section 34A of the noteCriminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(d) there is inserted—“da the prisoner is subject to the notification requirements of Part I of the noteSex Offenders Act 1997;”
Sexual or violent offenders
66Amendments of the Sex Offenders Act 1997.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Young offenders: reprimands and warnings
56Reprimands and warnings.#
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 34 of the notePolice and Criminal Evidence Act 1984 (limitations on police detention), for subsection (5)(b) there is substituted—“b that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the noteCrime and Disorder Act 1998”
Chapter III · Supplementary
70Interpretation, etc.#
(1)In this Part—• “Class A drug” and “ Class B drug” have the same meaning as in the noteMisuse of Drugs Act 1971,• “specified”, in relation to a Class A drug or Class B drug, means specified by an order made by the Secretary of State,• “trigger offence” has the meaning given by Schedule 6.
(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.
(3)In this Part (except in section 69), references to release include temporary release.
(4)In section 163 of the notePowers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate places there are inserted—““specified Class A drug” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000”““trigger offence” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000”
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV · General and supplementary
Chapter I · General
71Access to driver licensing information#
(1)The Secretary of State may in accordance with this section make driver licensing information available for use by authorised persons for purposes relating to policing or law enforcement.
(2)The Secretary of State must in regulations made for the purposes of this section (“driver information regulations”) make provision about the making available of driver licensing information under this section.
(3)Driver information regulations must specify the circumstances in which information may be made available under this section.
(4)Driver information regulations may in particular make provision—
(a)specifying conditions that must be met for a person to be (or remain) authorised to receive information under this section;
(b)specifying conditions that must be met before information may be made available under this section;
(c)imposing requirements relating to the receipt and use of information made available under this section;
(d)restricting the kind of information that may be made available to, or the purposes for which information may be used by, specified descriptions of authorised persons;
(e)about the purposes for which, and the circumstances in which, information made available under this section may be further disclosed (including provision about the persons to whom it may be disclosed).
(5)Before making driver information regulations, the Secretary of State must consult—
(a)the Scottish Ministers,
(b)the Department of Justice in Northern Ireland,
(c)the National Police Chiefs’ Council,
(d)such persons as appear to the Secretary of State to represent the views of police and crime commissioners, and
(e)such other persons as the Secretary of State considers appropriate.
(6)The requirement in subsection (5) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(7)The Secretary of State may not make driver information regulations in relation to Northern Ireland authorised persons without the consent of the Department of Justice in Northern Ireland.
(8)“Northern Ireland authorised persons” means authorised persons who—
(a)are under the direction and control of—
(i)the Chief Constable of the Police Service of Northern Ireland,
(ii)the Belfast Harbour Commissioners, or
(iii)Belfast International Airport Limited, or
(b)are officers of the Police Ombudsman for Northern Ireland.
(9)In this section—• “authorised person” has the meaning given in section 71A;• “driver licensing information” means any information held, in any form, by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988.
71ASection 71: meaning of “authorised person”#
(1)In section 71 “authorised person” means a person specified in the first column of the following table who is authorised by the person specified in the corresponding entry in the second column of the table to receive information under that section.
| Person | Authorising officer |
|---|---|
| a constable | the person whose direction and control the constable is under |
| a member of civilian police staff | the person whose direction and control the member of civilian police staff is under |
| a police volunteer designated under section 38 of the Police Reform Act 2002 | the chief officer of police whose direction and control the police volunteer is under |
| a National Crime Agency officer | the Director General of the National Crime Agency |
| a member, or a member of the staff, of the Independent Office of Police Conduct | the Director General of the Independent Office of Police Conduct |
| a member of the staff of the Police Investigations and Review Commissioner | the Police Investigations and Review Commissioner |
| an officer of the Police Ombudsman for Northern Ireland | the Police Ombudsman for Northern Ireland |
| a member of a service police force, or any other person who is under the direction and control of a Provost Marshal | the relevant Provost Marshal |
| a person appointed as an investigating officer by, or a member of the staff of, the Service Police Complaints Commissioner | the Service Police Complaints Commissioner |
| Isle of Man | |
| a member of the Isle of Man Constabulary, or an employee of the Isle of Man Public Services Commission | the Chief Constable of the Isle of Man Constabulary |
| an officer of customs and excise, or an immigration officer, of the Isle of Man | the Treasury Minister of the Isle of Man |
| a member of staff of the Financial Intelligence Unit of the Isle of Man | the Director of the Financial Intelligence Unit of the Isle of Man |
| Jersey | |
| a member of the States of Jersey Police Force | the Chief Officer of the States of Jersey Police Force |
| a deputy Agent of the Impôts, or an officer of the Impôts, of the Bailiwick of Jersey | the Agent of the Impôts of the Bailiwick of Jersey |
| a member or employee of the Jersey Financial Intelligence Unit | the Director of the Jersey Financial Intelligence Unit |
| an employee of the Law Officers’ Department | His Majesty’s Attorney General for Jersey |
| Guernsey | |
| a member of the salaried police force of the Island of Guernsey, or an employee of the States of Guernsey | the Chief Officer of the salaried police force of the Island of Guernsey |
| an officer of customs and excise, or an immigration officer, of the Bailiwick of Guernsey | the Chief Officer of Customs and Excise of the Bailiwick of Guernsey |
| a person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey | the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey |
| a member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey | the Head of the Financial Intelligence Unit of the Bailiwick of Guernsey |
| Gibraltar | |
| a member of the Royal Gibraltar Police | the Commissioner of the Royal Gibraltar Police |
| a member of the Gibraltar Defence Police | the Chief Officer of the Gibraltar Defence Police |
| a member of civilian staff in the Gibraltar Defence Police | the person whose direction and control the member of civilian staff is under |
(2)In the table—• “member of civilian police staff” means a person who is not a constable but who—(a) is—(a) employed, or engaged to provide services, for the purposes of a body of constables, and(b) under the direction and control of a person who has the direction and control of a body of constables, or(b) is under the direction and control of the chief constable of the Ministry of Defence Police;• “officer”, in relation to the Police Ombudsman for Northern Ireland, means an officer of the Ombudsman within the meaning of Part 7 of the Police (Northern Ireland) Act 1998 (see section 50 of that Act);• “relevant Provost Marshal” means—(a) in relation to a member of a service police force—(a) the Provost Marshal of that service police force, or(b) in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime;(b) in relation to any other person who is under the direction and control of a Provost Marshal, that Provost Marshal;• “service police force” has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act).
71BCode of practice about access to driver licensing information#
(1)The Secretary of State may issue a code of practice about the receipt and use of information made available under section 71.
(2)The code may make different provision for different purposes or different areas.
(3)In preparing a code of practice, the Secretary of State must consult—
(a)the Scottish Ministers,
(b)the Department of Justice in Northern Ireland, and
(c)such other persons as the Secretary of State considers appropriate.
(4)The requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(5)The Secretary of State may revise a code of practice issued under this section; and subsection (3) applies in relation to revising a code as it applies in relation to preparing a code.
(6)The Secretary of State must lay before Parliament and publish any code of practice issued or revised under this section.
(7)Any person to whom information is made available under section 71 must have regard to any code of practice issued under this section.
71CDriver licensing information: annual report#
(1)The Secretary of State must in relation to each calendar year prepare a report about the use of information made available under section 71.
(2)The Secretary of State must publish each report before 1 July in the year following the year to which the report relates.
(3)The first report is to relate to the period beginning with the commencement day and ending at the end of the year in which that day falls.
(4)In subsection (3), “the commencement day” means the day on which section 181 of the Crime and Policing Act 2026 first comes into force for any purpose, other than the purposes of making regulations.
72Failure to secure regular attendance at school.#
(1)In section 444 of the noteEducation Act 1996 (failure to secure regular attendance at school)—
(a)after subsection (1) there is inserted—“1A If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence.”
(b)in subsection (8), for “this section” there is substituted “ subsection (1) ”,
(c)after that subsection there is inserted—“8A A person guilty of an offence under subsection (1A) is liable on summary conviction—a to a fine not exceeding level 4 on the standard scale, orb to imprisonment for a term not exceeding three months,or both.8B If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.”
(2)This section does not apply to an offence committed before the section comes into force.
73Parenting orders: responsible officer.#
In section 8(8) of the noteCrime and Disorder Act 1998 (parenting orders: persons who may be specified as the responsible officer), after paragraph (b) there is inserted—“bb a person nominated by a person appointed as chief education officer under section 532 of the noteEducation Act 1996”
Chapter II · Supplementary
76Subordinate legislation.#
(1)This section applies to any power conferred by this Act on note... 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.
77Supplementary and consequential provision, etc.#
(1)note... 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.
78General interpretation.#
(1)In this Act—• note...• “enactment” includes an enactment contained in subordinate legislation,• “functions” includes powers and duties,• note...• “subordinate legislation” has the same meaning as in the noteInterpretation 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.
79Expenses.#
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.
80Commencement.#
(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.
81Extent.#
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 noteScotland 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 1 · Local probation boards
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Schedule 1A · Further provision about the inspectorate
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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)Her Majesty's Chief Inspector of Education, Children's Services and Skills,
(f)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)the Care Quality Commission,
(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)the Auditor General for Wales, note...
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(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.
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)Her Majesty's Chief Inspector of Education, Children's Services and Skills,
(f)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
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
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
General
(17)In Schedule 2 to the noteParliamentary 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 noteSuperannuation 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 noteHouse 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”
Schedule 3 · Transfer of property
(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,
(2)
(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.
Schedule 4 · Meaning of “offence against a child”
(1)
(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;
(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.
(c)an income-based jobseeker's allowance,
(d)in paragraph (3), for “21(6)(b) or (d)” substitute “21(2)(b) or (d)” and for “ just cause ” substitute “good reason”.
(e)is not engaged in remunerative work;
(f)is not a member of a couple the other member of which is engaged in remunerative work;
(g)is not receiving education.
(h)
(i)any reference to a council were a reference to the Regional Board, a committee or sub-committee,
(j)sections 21 and 22 (supplementary).
(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;
(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.
(c)an income-based jobseeker's allowance,
(d)in paragraph (3), for “21(6)(b) or (d)” substitute “21(2)(b) or (d)” and for “ just cause ” substitute “good reason”.
(e)is not engaged in remunerative work;
(f)is not a member of a couple the other member of which is engaged in remunerative work;
(g)is not receiving education.
(h)
(i)any reference to a council were a reference to the Regional Board, a committee or sub-committee,
(j)sections 21 and 22 (supplementary).
(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(o)
(3)
(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;
(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.
(c)an income-based jobseeker's allowance,
(d)in paragraph (3), for “21(6)(b) or (d)” substitute “21(2)(b) or (d)” and for “ just cause ” substitute “good reason”.
(e)is not engaged in remunerative work;
(f)is not a member of a couple the other member of which is engaged in remunerative work;
(g)is not receiving education.
(h)
(i)any reference to a council were a reference to the Regional Board, a committee or sub-committee,
(j)sections 21 and 22 (supplementary).
(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(o)
(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(r). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(s)
(i)any reference to a council were a reference to the Regional Board, a committee or sub-committee,
(ii)any reference to a councillor were a reference to a member of the Regional Board, a committee or sub-committee,
(iii)any reference to the clerk of the council were a reference to the chief officer of the Regional Board, and
(sa)he commits an offence under section 62 or 63 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child.
(sb)he commits an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adulta child or vulnerable adult to die or suffer serious physical harm) in respect of a child.
(t)he commits an offence of—
(i)any reference to a council were a reference to the Regional Board, a committee or sub-committee,
(ii)any reference to a councillor were a reference to a member of the Regional Board, a committee or sub-committee,
Schedule 5 · Amendments of the Sex Offenders Act 1997
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Schedule 6 · Trigger offences
(1)Offences under the following provisions of the noteTheft 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)• note...• section 22 (handling stolen goods)• section 25 (going equipped for stealing, etc.)
(2)
(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)
(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;
(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.
(4)Offences under the following provisions of the Vagrancy Act 1824 are trigger offences:• section 3 (begging)• section 4 (persistent begging).
Schedule 7 · Minor and consequential amendments
Part I · New names
Community rehabilitation orders
(1)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—
Part II · General
Children and Young Persons Act 1933 (c. 12)
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—“”
Prison Act 1952 (c. 52)
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.
Criminal Justice Act 1961 (c. 39)
Criminal Justice Act 1967 (c. 80)
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 noteProbation 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 “ noteProbation 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,
(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, andiii 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 ”.
Pensions (Increase) Act 1971 (c. 56)
(45)In Schedule 2 to the notePensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted—“53A A pension payable in accordance with regulations under section 7 of the noteSuperannuation 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)
(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;
(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Law Act 1977 (c. 45)
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.
Imprisonment (Temporary Provisions) Act 1980 (c. 57)
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 noteProbation Service Act 1993)” there is substituted “ local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.
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 noteProbation 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(86)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Computer Misuse Act 1990 (c. 18)
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
(99). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(100). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(102). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
Criminal Justice Act 1991 (c. 53)
(103)The Criminal Justice Act 1991 is amended as follows.
(105). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water Industry Act 1991 (c. 56)
Prison Security Act 1992 (c. 25)
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;”
Intelligence Services Act 1994 (c. 13)
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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(123). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(124). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(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 noteProtection 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, orb 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—“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; orb 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 noteProtection of Children Act 1999.473B 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; andb 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; andb 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; andb 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 noteCriminal Justice Act 1991 (reciprocal enforcement of certain orders), for “probation committee” there is substituted “ local probation board ”.
(133). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
Sexual Offences (Protected Material) Act 1997 (c. 39)
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 notePowers 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; andb 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; andb 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, ”
(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.
Police Act 1997 (c. 50)
Crime and Disorder Act 1998 (c. 37)
(150)The Crime and Disorder Act 1998 is amended as follows.
(151)In sections note. . . 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)
(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(162). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(163). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(164). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(166). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(168). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(169). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(171). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(174). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(175). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . note
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in subsection (3)(a)—
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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—• note...• “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• note...• “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)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(198). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(199). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(200)note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Learning and Skills Act 2000 (c. 21)
(208). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(209). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(210). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation of Investigatory Powers Act 2000 (c. 23)
Schedule 8 · Repeals
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