Criminal Justice and Court Services Bill - continued        House of Commons
SCHEDULE 6, MINOR AND CONSEQUENTIAL AMENDMENTS - continued

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  PART II
  GENERAL
 
Army Act 1955 (c. 18)
     5. In section 71(1) of the Army Act 1955 (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".
 
Air Force Act 1955 (c. 19)
     6. In section 71(1) of the Air Force Act 1955 (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".
 
Naval Discipline Act 1957 (c. 53)
     7. In section 43(1) of the Naval Discipline Act 1957 (punishments which may be awarded to persons convicted of offences under Part I of that Act), after paragraph (bb) there is inserted-
 
 
    "(bc) order that the convicted person be disqualified from working with children".
 
Children and Young Persons Act 1969 (c. 54)
     8. The Children and Young Persons Act 1969 is amended as follows.
 
     9. In section 34(3) (transitional modifications of Part I), for "probation committee" there is substituted "local board (established under section 4 of the Criminal Justice and Court Services Act 2000)".
 
     10. In section 46(1) (discontinuance of approved schools etc.), for "approved probation hostel within the meaning of the Probation Service Act 1993" there is substituted "community rehabilitation hostel within the meaning of Part I of the Criminal Justice and Court Services Act 2000 approved under section 9 of that Act".
 
 
Local Authorities (Goods and Services) Act 1970 (c. 39)
     11. - (1) Subject to sub-paragraph (2), in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) "public body" includes a local board established under section 4 of this Act.
 
      (2) An order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act) may repeal the provisions of sub-paragraph (1) above as they apply to a local board specified in the order.
 
 
Adoption Act 1976 (c. 36)
     12. The Adoption Act 1976 is amended as follows.
 
     13. In section 65 (guardians ad litem and reporting officers)-
 
 
    (a) in subsection (1)-
 
      (i) after "as are prescribed" there is inserted "of an officer of the Service",
 
      (ii) in paragraph (a), for the words from the beginning to "litem" there is substituted "to act on behalf",
 
      (iii) in paragraph (b), "of a person to act as reporting officer" is omitted,
 
    (b) in subsection (2)-
 
      (i) for "as guardian ad litem or reporting officer" there is substituted "under subsection (1)",
 
      (ii) for "be both guardian ad litem and reporting officer" there is substituted "act under both paragraphs (a) and (b) of subsection (1)",
 
    (c) after subsection (2) there is inserted-
 
    "(3) Rules of court may make provision as to the assistance which an officer of the Service may be required by the court to give to it.
 
      (4) In this section "officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000."
 
 
    (d) for the sidenote there is substituted "Duties of officers of the Service".
     14. Section 65A (panels for selection of guardians ad litem and reporting officers) is omitted.
 
 
Bail Act 1976 (c. 63)
     15. The Bail Act 1976 is amended as follows.
 
     16. In section 2(2) (other definitions)-
 
 
    (a) for the definition of "bail hostel" there is substituted-
 
    ""bail hostel" and "community rehabilitation hostel" have the same meanings as in Part I of the Criminal Justice and Court Services Act 2000,"
 
    (b) the definition of "probation hostel" is omitted.
     17. In section 3(6ZA) (general provisions), for "probation" there is substituted "community rehabilitation".
 
 
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
     18. 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".
 
Mental Health Act 1983 (c. 20)
     19. In section 134(3)(e) of the Mental Health Act 1983 (correspondence of patients), for "probation committee (within the meaning of the Probation Service Act 1993)" there is substituted "local board established under section 4 of the Criminal Justice and Court Services Act 2000".
 
 
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
     20. In section 10(16) of the Health and Social Services and Social Security Adjudications Act 1983 (central council for education and training in social work), paragraph (b) and the "and" preceding it are omitted.
 
 
Police and Criminal Evidence Act 1984 (c. 60)
     21. In section 62 of the Police and Criminal Evidence Act 1984 (intimate samples), at the beginning of subsection (1) there is inserted "Subject to section 63B below".
 
 
Child Abduction and Custody Act 1985 (c. 60)
     22. The Child Abduction and Custody Act 1985 is amended as follows.
 
     23. In sections 6(a) and 21(a) (reports), for "a probation officer" there is substituted "an officer of the Service".
 
     24. 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)
     25. In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), for "A probation committee (within the meaning of the Probation Service Act 1993)" there is substituted "A local board established under section 4 of the Criminal Justice and Court Services Act 2000".
 
 
Children Act 1989 (c. 41)
     26. The Children Act 1989 is amended as follows.
 
     27. 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".
     28. 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.
     29. In section 31(1)(b) (care and supervision orders), "or of a probation officer" is omitted.
 
     30. 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".
     31. 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".
     32. 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;"
     33. In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.
 
 
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
     34. In the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, in paragraph 1(1)(a) of Schedule 2 (supervision and treatment orders), for "probation officer" there is substituted "an officer of a local board".
 
 
Criminal Justice Act 1991 (c. 53)
     35. In section 37A of the Criminal Justice Act 1991 (curfew condition to be included in licence)-
 
 
    (a) in subsection (1)(a), for "probation" there is substituted "community rehabilitation",
 
    (b) for subsection (7) there is substituted-
 
    "(7) In this section "approved community rehabilitation hostel" means a community rehabilitation hostel (within the meaning of Part I of the Criminal Justice and Court Services Act 2000) approved under section 9 of that Act."
 
 
Education Act 1996 (c. 56)
     36. The Education Act 1996 is amended as follows.
 
     37. 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 subject to an order under section 26 or 27 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)-
 
 
    (a) is employed in a registered or provisionally registered school, or
 
    (b) is the proprietor of such a school,
  he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school."
 
     38. After section 473 there is inserted-
 
 
"Removal of disqualification: persons no longer unsuitable to work with children.     473A. - (1) Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal.
 
    (2) This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children-
 
 
    (a) from being the proprietor of any independent school; or
 
    (b) from being a teacher or other employee in any school.
      (3) On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order.
 
      (4) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application.
 
      (5) In this section and section 473B "the Tribunal" means the tribunal established by section 9 of the Protection of Children Act 1999.
 
Conditions for application under section 473A.     473B. - (1) A person may only make an application under section 473A with the leave of the Tribunal.
 
      (2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person's case.
 
      (3) In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if-
 
 
    (a) at least five years have elapsed since the order was made; and
 
    (b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
      (4) In the case of any other person, the appropriate conditions are satisfied if-
 
 
    (a) at least ten years have elapsed since the order was made; and
 
    (b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
      (5) The Tribunal shall not grant an application under this section unless it considers-
 
 
    (a) that the person's circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and
 
    (b) that the change is such that leave should be granted."
     39. 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."
 
Crime and Disorder Act 1998 (c. 37)
     40. The Crime and Disorder Act 1998 is amended as follows.
 
     41. In sections 5(2)(b), 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for "probation committee" there is substituted "local board".
 
     42. In section 117(1) (interpretation), after the definition of "guardian" there is inserted-
 
 
    ""local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000;"
 
Protection of Children Act 1999 (c. 14)
     43. The Protection of Children Act 1999 is amended as follows.
 
     44. After section 4 there is inserted-
 
 
"Applications for removal from list.     4A. - (1) Subject to section 4B, an individual who is included in the list kept by the Secretary of State under section 1 above may make an application to the Tribunal under this section.
 
    (2) On an application under this section the Tribunal shall determine whether or not the individual should continue to be included in the list.
 
      (3) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children it shall direct his removal from the list; otherwise it shall dismiss the application.
 
Conditions for application under section 4A.     4B. - (1) An individual may only make an application under section 4A 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 individual's case.
 
      (3) In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if-
 
 
    (a) he has been so included for a continuous period of at least five years; and
 
    (b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
      (4) In the case of any other individual, the appropriate conditions are satisfied if-
 
 
    (a) he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and
 
    (b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
      (5) The Tribunal shall not grant an application under this section unless it considers-
 
 
    (a) that the individual's circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and
 
    (b) that the change is such that leave should be granted."
     45. After section 6 there is inserted-
 
 
"Review of prohibition or restriction of employment.     6A. - (1) The power to make regulations under section 218(6) of the 1988 Act also includes power to make provision for persons to apply to the Tribunal for a review of their inclusion in the list.
 
    (2) The regulations may in particular make, in relation to the list, any provision corresponding to provision made by sections 4A and 4B above in relation to the list kept under section 1 above.
 
      (3) In this section "the list" means the list kept for the purposes of the regulations; and the persons referred to in subsection (1) above are persons included in that list on the grounds mentioned in section 218(6ZA)(c) of the 1988 Act."
 
     46. In section 9(2) (the Tribunal)-
 
 
    (a) in paragraph (a), after "4" there is inserted ", 4A or 4B",
 
    (b) in paragraph (b), for "appeal under regulations made under section 6" there is substituted "appeal or determination under regulations made under section 6 or 6A",
 
    (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 30 or 31 of the Criminal Justice and Court Services Act 2000."
 
Powers of Criminal Courts (Sentencing) Act 2000 (c. )
     47. The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
 
     48. In section 33(1) (meaning of "community order")-
 
 
    (a) after paragraph (a) there is inserted-
 
    "(aa) an exclusion order",
 
    (b) after paragraph (e) there is inserted-
 
    "(ee) a drug abstinence order".
     49. In section 42(1) (additional requirements which may be included in probation orders), for "probation period" there is substituted "community rehabilitation period".
 
     50. In section 46(13) (community service orders), "(a) or (b)" is omitted.
 
     51. In section 47 (obligations of person subject to community service order)-
 
 
    (a) in subsection (4), for paragraphs (a) and (b) there is substituted "an officer of a local board appointed for or assigned to the petty sessions area specified in the order",
 
    (b) in subsection (5)(a), "(a) or (b)" is omitted.
     52. In section 52(4) (drug treatment and testing orders), after "body" there is inserted "(in a case where, at the time of his conviction, he was aged under 18)".
 
     53. In section 64(2) (selection and duty of supervisor), the words from "and selected under arrangements" to the end of the subsection are omitted.
 
     54. In section 66 (facilities for implementing supervision orders), in subsections (2), (9) and (12) (in both places), for "probation committee" there is substituted "local board".
 
     55. In section 137(2)(a) (power to order parent or guardian to pay fine, costs or compensation), for "probation, community service, combination" there is substituted "exclusion, community rehabilitation, community punishment, community punishment and rehabilitation".
 
     56. 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 boards and members of youth offending teams".
 
     57. In section 160 (rules and orders)-
 
 
    (a) in subsection (2)(a), for the words from "40(1)" to "Schedule 2" there is substituted "40(1), 40D(1), 42(2E), 58A(8) or 162 or paragraph 3, 7, 8 or 9 of Schedule 2",
 
    (b) in subsection (2)(b), for the words from "40(2)" to the end there is substituted "40(2), 40D(2), 58B(4), 68, 122(7) or 156(4) or paragraph 7(11) or 8(10) of Schedule 2",
 
    (c) in subsection (3)(a)-
 
      (i) after "58" there is inserted "58A(4), 58B(4)",
 
      (ii) for "or 103(2)" there is substituted "103(2) or paragraph 1(1A) of Schedule 3",
 
    (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 37(6), 40(2), 40A(6), 40D(2) or 58B(4) or paragraph 7, 8 or 9 of Schedule 2;
 
    (b) any rules under section 40(1), 40D(1), 42(2E), 47(3C), 58A(8) or 162 or paragraph 7, 8 or 9 of Schedule 2."
     58. In section 163 (general definitions)-
 
 
    (a) the definitions of "combination order", "probation order" and "probation period" are omitted,
 
    (b) at the appropriate places there are inserted-
 
    ""community rehabilitation period" means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order",
    ""drug abstinence order" means an order under section 58A(1) above",
 
    ""exclusion order" means an order under section 40A(1) above",
    ""local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000",
 
    (c) in the definition of "responsible officer"-
 
      (i) after paragraph (a) there is inserted-
 
    "(aa) in relation to an exclusion order, has the meaning given by section 40A(13) above",
 
      (ii) after paragraph (e) there is inserted-
 
    "(ee) in relation to a drug abstinence order, has the meaning given by section 58A(5) above".
     59. - (1) Schedule 2 (additional requirements which may be included in probation orders) is amended as follows.
 
      (2) In paragraphs 2(1)(b)(ii), 3(1), 5(2) and 6(3), for "probation period" there is substituted "community rehabilitation period".
 
      (3) In paragraph 2(5), for "probation committee" there is substituted "local board".
 
      (4) In paragraph 3-
 
 
    (a) in sub-paragraphs (1), (6) and (8), for "probation centre" there is substituted "community rehabilitation centre",
 
    (b) in sub-paragraph (7), for "probation centres" there is substituted "community rehabilitation centres",
 
    (c) for the cross-heading preceding paragraph 3 there is substituted "Requirements as to attendance at community rehabilitation centres".
      (5) For the heading to the Schedule there is substituted "Additional requirements which may be included in community rehabilitation orders".
 
     60. - (1) Schedule 3 (breach, revocation and amendment of curfew, probation, community service, combination and drug treatment and testing orders) is amended as follows.
 
      (2) In paragraph 1-
 
 
    (a) in sub-paragraph (1)-
 
      (i) after paragraph (a) there is inserted-
 
    "(aa) an exclusion order;"
 
      (ii) after paragraph (e) there is inserted-
 
    "(f) a drug abstinence order."
 
    (b) in sub-paragraph (2)(b), for "a probation, community service, combination or drug treatment and testing" there is substituted "an exclusion, community rehabilitation, community punishment, community punishment and rehabilitation, drug treatment and testing or drug abstinence",
 
    (c) in sub-paragraph (3)-
 
      (i) after "order" there is inserted "or drug abstinence order",
 
      (ii) at the end there is inserted "(or that subsection as applied by section 58B(2) of this Act)".
      (3) In paragraphs 1(4)(a), 18(4), 19(1) (in each place) and 19(2), for "probation element" there is substituted "community rehabilitation element".
 
      (4) In paragraphs 1(4)(b) and 7(3)(b)(ii), for "community service element" there is substituted "community punishment element".
 
      (5) In paragraph 2(1), for "probation, community service or combination" there is substituted "exclusion, community rehabilitation, community punishment, community punishment and rehabilitation or drug abstinence".
 
      (6) In paragraph 3(2)-
 
 
    (a) in paragraph (a), after "order" there is inserted "or a drug abstinence order",
 
    (b) in paragraph (c), after "testing order" there is inserted "a drug abstinence order".
      (7) In paragraph 4-
 
 
    (a) in sub-paragraph (1C)(c)(i), after "curfew order" there is inserted "or an exclusion order",
 
    (b) in sub-paragraphs (2) and (3), for "(1)(d)" there is substituted "(1C)(d)",
 
    (c) in sub-paragraph (4), for "(1)(a)" there is substituted "(1C)(a)",
 
    (d) in sub-paragraph (6), for "(1)(d)" there is substituted "(1C)(d)".
      (8) In paragraph 5-
 
 
    (a) in sub-paragraph (1C)(c)(i), after "curfew order" there is inserted "or an exclusion order",
 
    (b) in sub-paragraphs (2) and (3), for "(1)(d)" there is substituted "(1C)(d)".
      (9) For the cross-heading preceding paragraph 7 there is substituted "Community punishment orders imposed for breach of relevant order".
 
      (10) In paragraph 8(1)(a), after "curfew" there is inserted "or exclusion".
 
      (11) In paragraphs 8(1)(b), 12(1)(b), 12(2)(a) and (b), 12(4)(a) (in both places), 12(4)(b), 12(7) and 20(1), for "probation or combination" there is substituted "community rehabilitation or community punishment and rehabilitation".
 
      (12) In paragraphs 10(2)(a) and 13(2)(a), after "testing order" there is inserted "or a drug abstinence order".
 
      (13) In paragraphs 10(4) and 11(3), for "probation, combination" there is substituted "community rehabilitation, community punishment and rehabilitation",
 
      (14) In paragraph 12(1), for "probation order or combination" there is substituted "community rehabilitation order or community punishment and rehabilitation".
 
      (15) In paragraphs 12(4)(b) and 19(2)(a), for "probation period" there is substituted "community rehabilitation period".
 
      (16) For the cross-heading preceding paragraph 12 there is substituted "Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order".
 
      (17) In paragraph 18-
 
 
    (a) in sub-paragraph (3), for "probation" there is substituted "community rehabilitation",
 
    (b) in sub-paragraph (6)(a), for "probation, community service or combination" there is substituted "community rehabilitation, community punishment or community punishment and rehabilitation".
      (18) In paragraph 19-
 
 
    (a) in sub-paragraph (1)-
 
      (i) for "the offender or the responsible officer," there is substituted "an eligible person,"
 
      (ii) for "probation or curfew" (in each place) there is substituted "community rehabilitation, curfew or exclusion",
 
    (b) in sub-paragraph (2), after paragraph (a) there is inserted-
 
    "(aa) by extending any curfew periods specified in a requirement under the order beyond the end of six months (or, for an offender aged under 16 on conviction, three months) from the date of the original order;
 
    (ab) by extending the period during which the offender is prohibited from entering a place specified in a requirement under the order beyond the end of one year (or, for an offender aged under 16 on conviction, three months) from the date of the original order;"
 
    (c) after sub-paragraph (3) there is inserted-
 
    "(4) A magistrates' court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of one year from the date of the original order.
 
      (5) For the purposes of this paragraph the eligible persons are-
 
 
    (a) the offender;
 
    (b) the responsible officer; and
 
    (c) in relation to an exclusion order in which a requirement is included by virtue of the consent of any person, that person.
      (6) Without prejudice to the provisions of paragraph 18 above, a magistrates' court acting for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a drug abstinence order by extending the period for which the order has effect (but not beyond the end of three years from the date of the original order)."
 
 
    (d) for the cross-heading preceding paragraph 19 there is substituted "Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order."
      (19) For the cross-heading preceding paragraph 20 there is substituted "Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner".
 
      (20) For the cross-heading preceding paragraph 22 there is substituted "Extension of community punishment or community punishment and rehabilitation order".
 
      (21) In paragraph 24(2), after "requirement, or" there is inserted "to an order under paragraph 18 above".
 
      (22) In paragraph 25(1)(a), after "substituting" there is inserted ", by virtue of paragraph 18 above,".
 
      (23) For the heading to the Schedule there is substituted "Breach, revocation and amendment of certain community orders".
 
 
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