Office of Public Sector Information
SCHEDULE 9 continued
80 (1) In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), the entries relating to—
(a) the Children and Young Persons Act 1969,
(b) the Powers of Criminal Courts Act 1973,
(c) the Criminal Justice Act 1982, and
(d) the Criminal Justice Act 1991,
shall be omitted.
(2) At the end of that Schedule there shall be inserted the following entry—
| “POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 | |
|---|---|
| Section 123(3) (failure to comply with suspended sentence supervision order) | £1,000 |
| In Schedule 3, paragraphs 4(1) and 5(1) (failure to comply with certain community orders) | £1,000 |
| In Schedule 5, paragraph 2(1) (failure to comply with attendance centre order or attendance centre rules) | £1,000 |
| In Schedule 7, paragraph 2(2) (failure to comply with supervision order) | £1,000” |
81 In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to qualifications for public service vehicle operator’s licence), in paragraph 1(6), for “section 14 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 46 of the Powers of Criminal Courts (Sentencing) Act 2000”.
82 In section 4(5)(b) of the Criminal Attempts Act 1981 (penalties)—
(a) for “section 31(1) and (2)” there shall be substituted “section 78(1) and (2)”; and
(b) for “the Magistrates' Courts Act 1980” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”.
83 In section 12(5) of the Contempt of Court Act 1981 (application of certain provisions in case of contempt of magistrates' court)—
(a) at the beginning there shall be inserted “Section 135 of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on fines in respect of young persons) and”; and
(b) for the words “, namely: section 36 (restriction on fines in respect of young persons);” there shall be substituted “; and those provisions of the Magistrates' Courts Act 1980 are”.
84 In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), in the subsection (2A) inserted by the [1982 c. 48.] Criminal Justice Act 1982, for “section 17 of the Criminal Justice Act 1982” there shall be substituted “section 60 of the Powers of Criminal Courts (Sentencing) Act 2000”.
85 In section 16(3) of the Contempt of Court Act 1981 (enforcement of fines imposed by certain superior courts), for “sections 31 and 32 of the Powers of Criminal Courts Act 1973” there shall be substituted “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000”.
86 In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings are active for purposes of section 2), in paragraph 6, for “section 1 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000”.
87 In section 81(1) of the Supreme Court Act 1981 (bail), in paragraph (g)—
(a) after the word “under” there shall be inserted “section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or”;
(b) at the end of sub-paragraph (ii) there shall be inserted “or”; and
(c) sub-paragraph (iv) and the word “or” immediately preceding it shall be omitted.
88 In section 140 of the Supreme Court Act 1981 (enforcement of fines and forfeited recognizances), in each of subsections (3) and (5), for “sections 31 and 32 of the Powers of Criminal Courts Act 1973” there shall be substituted “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000”.
89 (1) Part III of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements (Northern Ireland): persons residing in England and Wales or Scotland) shall be amended as follows.
(2) In paragraph 7(3), for “relevant officers by the Powers of Criminal Courts Act 1973” there shall be substituted “responsible officers by the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In paragraph 9(6)(b), for “relevant officer under the Powers of Criminal Courts Act 1973” there shall be substituted “responsible officer under the Powers of Criminal Courts (Sentencing) Act 2000”.
90 (1) Section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) shall be amended as follows.
(2) In subsection (1), for “section 2(2) of the Crime (Sentences) Act 1997” there shall be substituted “section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (1A), for “section 3 or 4 of the Crime (Sentences) Act 1997” there shall be substituted “section 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000”.
(4) After subsection (1A) there shall be inserted the following subsection—
“(1B) For the purposes of subsections (1) and (1A) above, a sentence falls to be imposed under section 109(2), 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000 if it is required by that provision and the court is not of the opinion there mentioned.”
(5) In subsection (8) as amended by paragraph 54 of Schedule 8 to the [1998 c. 37.] Crime and Disorder Act 1998—
(a) for “Part I of the Criminal Justice Act 1991” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”; and
(b) for “section 58” there shall be substituted “section 150”.
(6) In subsection (8) as amended by paragraph 11 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999—
(a) for “Part I of the Youth Justice and Criminal Evidence Act 1999” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”; and
(b) for “any such order as is mentioned in section 7(7)(b) of the Children and Young Persons Act 1969 or section 58 of the Criminal Justice Act 1991” there shall be substituted “a supervision order (within the meaning of that Act) or an order under section 150 of that Act (binding over of parent or guardian)”.
91 In section 43 of the Mental Health Act 1983 (power of magistrates' court to commit for restriction order), in subsection (4), for “section 38 of the Magistrates' Courts Act 1980” there shall be substituted “section 3 of the Powers of Criminal Courts (Sentencing) Act 2000”.
92 In Schedule 3 to the Telecommunications Act 1984 (penalties and mode of trial under the Wireless Telegraphy Act 1949), in paragraph 3—
(a) for paragraph (a) there shall be substituted the following paragraph—
“(a) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (which gives the convicting court in England and Wales power to deprive a person convicted of an offence of property used etc. for purposes of crime); and”; and
(b) in paragraph (b), for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “that section”.
93 In the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases), in paragraph 2(1)—
(a) for “section 16(3) of the Children and Young Persons Act 1969” there shall be substituted “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000”; and
(b) for “that Act” there shall be substituted “the Children and Young Persons Act 1969”.
94 (1) In the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain enactments in relation to transferred prisoner), paragraph 2, both—
(a) as that paragraph has effect, and is deemed always to have had effect, by virtue of paragraph 2 of Schedule 2 to the [1997 c. 43.] Crime (Sentences) Act 1997, and
(b) as that paragraph has effect by virtue of paragraph 3 of Schedule 2 to the 1997 Act,
shall be amended as follows.
(2) In sub-paragraph (3), at the end of paragraph (b) there shall be inserted “and”, and after that paragraph there shall be inserted the following paragraph—
“(c) when he began serving his sentence for the purposes of section 116(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000,”.
95 In section 17(1) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc.), in paragraph (cb), for “section 53 of the Children and Young Persons Act 1933” there shall be substituted “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000”.
96 In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), in subsection (6A), in the definition of “sexual offence” and “violent offence”, for “Part I of the Criminal Justice Act 1991” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”.
97 In section 63A(3B) of the Police and Criminal Evidence Act 1984 (supplementary provision as to samples), for “section 53 of the Children and Young Persons Act 1933” there shall be substituted “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000”.
98 In section 75(3) of the Police and Criminal Evidence Act 1984 (provisions supplementary to section 74), in paragraph (a), for “section 13 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000”.
99 In section 19(3)(c) of the Prosecution of Offences Act 1985 (provision for payment of certain costs of medical practitioner), for “section 30 of the Magistrates' Courts Act 1980” there shall be substituted “section 11 of the Powers of Criminal Courts (Sentencing) Act 2000”.
100 In section 7(1) of the Protection of Military Remains Act 1986 (supplementary provision with respect to offences), for “Section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “Section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.
101 In section 30(5) of the Public Order Act 1986 (domestic football banning orders), for “sections 1A and 1C of the Powers of Criminal Courts Act 1973” there shall be substituted “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000”.
102 In section 36(2) of the Criminal Justice Act 1988 (review of sentencing), for “section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997” there shall be substituted “section 109(2), 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000”.
103 In section 50 of the Criminal Justice Act 1988 (suspended sentences on certain civilians in military courts), in subsection (3)(b), for “the Powers of Criminal Courts Act 1973” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”.
104 In section 60(1) of the Criminal Justice Act 1988 (periods of imprisonment for default), for “Tables in section 31(3A) of the Powers of Criminal Courts Act 1973 and” there shall be substituted “Table in”.
105 In section 71(9A) of the Criminal Justice Act 1988 (power to make confiscation orders on committal for sentence), for the words from “section 38” to “1967” there shall be substituted “section 3, 4 or 6 of the Powers of Criminal Courts (Sentencing) Act 2000”.
106 (1) Section 72 of the Criminal Justice Act 1988 (making of confiscation orders) shall be amended as follows.
(2) In subsection (5)—
(a) for “section 35 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000”; and
(b) for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (7), for “section 35 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000”.
107 In section 72A(9A) of the Criminal Justice Act 1988 (variation of sentence on postponed determination), for “section 47(2) or (3) of the Supreme Court Act 1981” there shall be substituted “section 155(1) or (2) of the Powers of Criminal Courts (Sentencing) Act 2000”.
108 In section 74(2) of the Criminal Justice Act 1988 (meaning of “realisable property”), for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.
109 In section 74A(6) of the Criminal Justice Act 1988 (review of cases where proceeds of crime not assessed), for “section 35 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000”.
110 (1) Section 74C of the Criminal Justice Act 1988 (revision of assessment of amount to be recovered) shall be amended as follows.
(2) In subsection (7), for “section 31 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (8), for “section 31(3A) of that Act of 1973” there shall be substituted “section 139(4) of that Act of 2000”.
111 (1) Section 75 of the Criminal Justice Act 1988 (application of procedure for enforcing fines) shall be amended as follows.
(2) In subsection (1), for the words from “sections 31(1)” to “1973” there shall be substituted “sections 139(1) to (4) and 140(1) to (3) of the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (2), for “section 31(3) of the Magistrates' Courts Act 1980” there shall be substituted “section 78(4) of that Act of 2000”.
(4) In subsection (3), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “section 108 of that Act of 2000”.
(5) In subsection (4)—
(a) for “section 22(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 118(1) of that Act of 2000”; and
(b) for “section 31(2) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139(2) of that Act of 2000”.
112 (1) Section 75A of the Criminal Justice Act 1988 (interest on sums unpaid under confiscation orders) shall be amended as follows.
(2) In subsection (1), for “section 31(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (2)—
(a) for “section 31(2) of that Act of 1973” there shall be substituted “section 139(2) of that Act of 2000”; and
(b) for “section 31(3A) of that Act of 1973” there shall be substituted “section 139(4) of that Act of 2000”.
113 In section 83(4) of the Criminal Justice Act 1988 (variation of confiscation orders), for “section 31 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000”.
114 In Schedule 15 to the Criminal Justice Act 1988 (minor and consequential amendments), in paragraph 80, for “that Act” there shall be substituted “the Supreme Court Act 1981”.
115 In section 108(6) of the Copyright, Designs and Patents Act 1988 (articles infringing copyright: order for delivery up in criminal proceedings), for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.
116 In section 199(6) of the Copyright, Designs and Patents Act 1988 (illicit recordings: order for delivery up in criminal proceedings), for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.
117 In section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence), for “or section 44 of the Powers of Criminal Courts Act 1973” there shall be substituted “, section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000”.
118 In section 25(4) of the Road Traffic Offenders Act 1988 (duty to request information as to date of birth or sex), for “section 56(5) of the Criminal Justice Act 1967” there shall be substituted “section 7 of the Powers of Criminal Courts (Sentencing) Act 2000”.
119 (1) Section 26 of the Road Traffic Offenders Act 1988 (interim disqualification) shall be amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for the words from “subsection (1)” to “applies” there shall be substituted “section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section”; and
(b) in paragraph (b), for “section 39 of the Magistrates' Courts Act 1980” there shall be substituted “section 10 of that Act”.
(3) In subsection (2), for “section 1 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 1 of that Act”.
120 In section 27(3) of the Road Traffic Offenders Act 1988 (production of licence), for “section 44 of the Powers of Criminal Courts Act 1973,” there shall be substituted “section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000”.
121 In section 34(4A) of the Road Traffic Offenders Act 1988 (disqualification for certain offences), for “section 44 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 147 of the Powers of Criminal Courts (Sentencing) Act 2000”.
122 In section 35(5) of the Road Traffic Offenders Act 1988 (disqualification for repeated offences), for “section 44 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 147 of the Powers of Criminal Courts (Sentencing) Act 2000”.
123 (1) Section 46 of the Road Traffic Offenders Act 1988 (combination of disqualification and endorsement with certain other orders) shall be amended as follows.
(2) In subsection (1), for “section 1C(3) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (2), for “section 1C(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
124 In section 20(2)(b) of the Extradition Act 1989 (restoration of persons not tried or acquitted), for “section 1A(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
125 In section 15(4) of the Football Spectators Act 1989 (international football banning orders), for “sections 1A and 1C of the Powers of Criminal Courts Act 1973” there shall be substituted “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000”.
126 In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children on remand etc.)—
(a) for “section 16(3A) or” there shall be substituted “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or section”; and
(b) for “residence requirement under section 12AA of that Act” there shall be substituted “local authority residence requirement under paragraph 5 of Schedule 6 to that Act of 2000”.
127 In section 31(7) of the Children Act 1989 (care and supervision orders under that Act), for “section 7(7)(b) of the Children and Young Persons Act 1969” there shall be substituted “section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
128 In section 81(1) of the Children Act 1989 (inquiries), for “section 53 of the Children and Young Persons Act 1933” there shall be substituted “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000”.
129 In section 105(6) of the Children Act 1989 (meaning of “ordinary residence”), for “section 7(7)(b) of the Children and Young Persons Act 1969” there shall be substituted “section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
130 In Part III of Schedule 2 to the Children Act 1989 (contributions towards maintenance of children looked after by local authorities), in paragraph 21(7), for “section 53 of the Children and Young Persons Act 1933” there shall be substituted “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000”.
131 (1) Part III of Schedule 3 to the Children Act 1989 (education supervision orders) shall be amended as follows.
(2) In paragraph 13(2)(c), for “section 12C of the Children and Young Persons Act 1969” there shall be substituted “paragraph 7 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In paragraph 14(1), for “section 7(7)(b) of the Children and Young Persons Act 1969” there shall be substituted “section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
132 In Schedule 8 to the Children Act 1989 (privately fostered children), in paragraph 3, for “section 7(7)(b) of the Children and Young Persons Act 1969” there shall be substituted “section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
133 In section 5(4) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (modifications for cases where accused is not guilty by reason of insanity etc.), for “Section 1A(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “Section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.
134 In section 16(b) of the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for “corresponding” there shall be substituted “certain”.
135 In section 23(1) of the Criminal Justice Act 1991 (default in certain cases), for “Tables in section 31(3A) of the 1973 Act and” there shall be substituted “Table in”.
136 In section 24(3) of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support), for “section 32 of the 1973 Act” there shall be substituted “section 140 of the Powers of Criminal Courts (Sentencing) Act 2000”.
137 In section 33(3A) of the Criminal Justice Act 1991 (duty to release prisoners) for “section 58 of the Crime and Disorder Act 1998” there shall be substituted “section 85 of the Powers of Criminal Courts (Sentencing) Act 2000”.
138 In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)—
(a) in paragraph (a), for “section 58 of the Crime and Disorder Act 1998” there shall be substituted “section 85 of the Powers of Criminal Courts (Sentencing) Act 2000”;
(b) in paragraph (c), for “paragraph 3(1)(d) or 4(1)(d) of Schedule 2 to this Act” there shall be substituted “paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000”; and
(c) in paragraph (h), for “section 40 below” there shall be substituted “section 116 of the Powers of Criminal Courts (Sentencing) Act 2000”.
139 In section 40A of the Criminal Justice Act 1991 (release on licence following return to prison), in subsection (1)(a), for “section 40 above” there shall be substituted “section 116 of the Powers of Criminal Courts (Sentencing) Act 2000”.
140 In section 43(1) of the Criminal Justice Act 1991 (young offenders), for “section 53 of the 1933 Act” there shall be substituted “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000”.
141 (1) Section 44 of the Criminal Justice Act 1991 (extended sentences for sexual or violent offenders), as substituted by section 59 of the [1998 c. 37.] Crime and Disorder Act 1998, shall be amended as follows.
(2) In each of subsections (1) and (8), for “section 58 of the Crime and Disorder Act 1998” there shall be substituted “section 85 of the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (2), for “sections 40 and” there shall be substituted “section”.
142 In section 44A of the Criminal Justice Act 1991 (re-release of prisoners serving extended sentences), in subsection (1), for “section 58 of the Crime and Disorder Act 1998” there shall be substituted “section 85 of the Powers of Criminal Courts (Sentencing) Act 2000”.
143 In section 45(1) of the Criminal Justice Act 1991 (fine defaulters and contemnors)—
(a) for “, 35 and 40” there shall be substituted “and 35”; and
(b) for “section 9 of the 1982 Act” there shall be substituted “section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”.
144 (1) Section 51 of the Criminal Justice Act 1991 (interpretation of Part II) shall be amended as follows.
(2) In subsection (1), in the definition of “sexual offence” and “violent offence”, for “Part I of this Act” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In subsection (2D), for “section 58 of the Crime and Disorder Act 1998” there shall be substituted “section 85 of the Powers of Criminal Courts (Sentencing) Act 2000”.
(4) For subsection (4) there shall be substituted the following subsection—
“(4) Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that Act.”
145 In section 65(1) of the Criminal Justice Act 1991 (supervision of young offenders after release), for “section 53 of the 1933 Act” there shall be substituted “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000”.
146 In section 82(4) of the Criminal Justice Act 1991 (duties of prisoner custody officers acting in pursuance of prisoner escort arrangements), for “section 34A of the 1973 Act” there shall be substituted “section 142 of the Powers of Criminal Courts (Sentencing) Act 2000”.
147 (1) Part III of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland) shall be amended as follows.
(2) In paragraph 10(3)—
(a) in paragraph (b), for “mental hospital within the meaning of paragraph 5 of Schedule 1A to the 1973 Act” there shall be substituted “hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided”; and
(b) in paragraph (d), for “Schedule 1A to the 1973 Act” there shall be substituted “Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000”.
(3) In paragraph 11—
(a) in sub-paragraph (2)(b), for the words from the beginning to “Schedule 2 to this Act” there shall be substituted “the provisions of sections 41 and 42 of and Schedules 2 and 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (so far as relating to such orders)”;
(b) in sub-paragraph (3)(a), for “the 1973 Act” there shall be substituted “section 41 of the Powers of Criminal Courts (Sentencing) Act 2000”;
(c) in sub-paragraph (3)(b), for “that Act and Schedule 2 to this Act” there shall be substituted “Schedule 3 to that Act”;
(d) in sub-paragraph (4)—
(i) for “the 1973 Act” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”; and
(ii) for the words from “paragraph 3(1)(d)” to the end there shall be substituted “paragraph 4(1)(d), 5(1)(d), 10(3) or 11(2) of Schedule 3 to that Act”; and
(e) in sub-paragraph (5)—
(i) for “the 1973 Act”, in the first place where it occurs, there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”; and
(ii) for “the 1973 Act”, in the second place where it occurs, there shall be substituted “that Act”.
148 In Schedule 4 to the Criminal Justice Act 1991 (increase of certain maxima), in Part I, in the first column of the entry relating to section 63(3)(a) of the Magistrates' Courts Act 1980, for “that Act” there shall be substituted “the 1980 Act”.
149 In Schedule 12 to the Criminal Justice Act 1991 (transitional provisions and savings), after paragraph 6 (which is repealed by this Act) there shall be inserted the following paragraph—
“6A Section 17 of this Act shall not apply in relation to offences committed before the commencement of that section.”
150 In section 121(2) of the Social Security Administration Act 1992 (unpaid contributions: supplementary), for the words from “Part I” to “probation or” there shall be substituted “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000”.
151 In section 1(2) of the Aggravated Vehicle-Taking Act 1992 (supplementary provisions about offence of aggravated vehicle-taking), for “section 30 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 127 of the Powers of Criminal Courts (Sentencing) Act 2000”.
152 In Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount), in paragraph 1(4), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”.
153 In section 4(1) of the Probation Service Act 1993 (functions of probation committee)—
(a) in paragraph (d), for “the Children and Young Persons Act 1969” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”; and
(b) in paragraph (dd), for “a detention and training order (within the meaning of section 73 of the Crime and Disorder Act 1998)” there shall be substituted “a detention and training order (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000)”.
Powers of Criminal Courts (Sentencing) Act 2000