Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Commons

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Further court proceedings
Offender referred back to court or convicted while subject to referral order.     28. Schedule 1 to this Act, which-
    (a) in Part I makes provision for what is to happen when a youth offender panel refers an offender back to the appropriate court, and
    (b) in Part II makes provision for what is to happen when an offender is convicted of further offences while for the time being subject to a referral order,
       shall have effect.
Functions of youth offending teams.     29. - (1) The functions of a youth offending team responsible for implementing a referral order include, in particular, arranging for the provision of such administrative staff, accommodation or other facilities as are required by the youth offender panel established in pursuance of the order.
      (2) During the period for which a youth offender contract between a youth offender panel and an offender has effect-
    (a) the specified team shall make arrangements for supervising the offender's compliance with the terms of the contract; and
    (b) the person who is the member of the panel referred to in section 21(3)(a) above shall ensure that records are kept of the offender's compliance (or non-compliance) with those terms.
      (3) In implementing referral orders a youth offending team shall have regard to any guidance given from time to time by the Secretary of State.
Regulations under Part III.     30. - (1) Any power of the Secretary of State to make regulations under section 17(3) or 21(4) above or paragraph 13(8) of Schedule 1 to this Act shall be exercisable by statutory instrument.
      (2) A statutory instrument containing any regulations under section 21(4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
      (3) No regulations shall be made under-
    (a) section 17(3), or
    (b) paragraph 13(8) of Schedule 1,
       unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
      (4) Any regulations made by the Secretary of State under section 17(3) or 21(4) or paragraph 13(8) of Schedule 1 may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
Rules of court.     31. - (1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part (and nothing in this section shall be taken to affect the generality of any enactment conferring power to make such rules).
      (2) In this section "rules of court" means-
    (a) Magistrates' Courts Rules;
    (b) Crown Court Rules;
    (c) Criminal Appeal Rules.
Definitions for purposes of Part III.     32. In this Part-
    "the appropriate court" shall be construed in accordance with paragraph 1(2) of Schedule 1 to this Act;
    "associated", in relation to referral orders, shall be construed in accordance with section 18(7) above;
    "connected", in relation to offences, shall be construed in accordance with section 16(4) above;
    "meeting", in relation to a youth offender panel, shall be construed in accordance with section 21(7) above;
    "the specified team", in relation to an offender to whom a referral order applies (or two or more associated referral orders apply), means the youth offending team for the time being specified in the order (or orders).
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