Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Commons
SCHEDULE 9, CONSEQUENTIAL AMENDMENTS - continued

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Firearms Act 1968 (c. 27)
     31. In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), in subsection (2A)(c), for "section 77 of the Crime and Disorder Act 1998" there shall be substituted "section 104 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Health Services and Public Health Act 1968 (c. 46)
     32. In section 64 of the Health Services and Public Health Act 1968 (financial assistance by Secretary of State to certain voluntary organisations), at the end of subsection (3)(a) there shall be inserted the following sub-paragraph-
 
 
    "(xxi) sections 63 to 66 and 92 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;".
     33. In section 65 of the Health Services and Public Health Act 1968 (financial and other assistance by local authorities to certain voluntary organisations), at the end of subsection (3)(b) there shall be inserted the following sub-paragraph-
 
 
    "(xxii) sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;".
 
Social Work (Scotland) Act 1968 (c. 49)
     34. In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)-
 
 
    (a) in the definition of "probation order", for "has the meaning assigned to it by section 2 of the Powers of Criminal Courts Act 1973" there shall be substituted "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) in the definition of "supervision order", for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
Theft Act 1968 (c. 60)
     35. In section 35(2) of the Theft Act 1968 (application of sections 27 and 28 to proceedings for offences committed before commencement of that Act), for "Sections 27 and 28 of this Act" there shall be substituted "Section 27 of this Act and section 148 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Civil Evidence Act 1968 (c. 64)
     36. In section 11(5)(a) of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), for "section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
     37. In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (convictions as evidence in civil proceedings), 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".
 
 
Children and Young Persons Act 1969 (c. 54)
     38. In section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation), in subsection (12), 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".
 
     39. In each of the following provisions of the Children and Young Persons Act 1969, namely-
 
 
    (a) subsections (1) and (2) of section 25 (transfers between England or Wales and Northern Ireland), and
 
    (b) subsections (1) and (2) of section 26 (transfers between England or Wales and the Channel Islands or Isle of Man),
       for "residence requirement as mentioned in section 12AA of this Act" there shall be substituted "local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000".
 
     40. In section 30(1) of the Children and Young Persons Act 1969 (detention of young offenders in community homes), for "section 53 of the Act of 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     41. - (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall be amended as follows.
 
      (2) In subsection (1A)-
 
 
    (a) for "section 16(3) of this Act" there shall be substituted "paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (b) for "section 12AA of this Act" there shall be substituted "paragraph 5 of Schedule 6 to that Act"; and
 
    (c) for "section 16(3A) of this Act" there shall be substituted "paragraph 7(5) of Schedule 7 to that Act".
      (3) In subsection (1C)-
 
 
    (a) for "section 16(3) of this Act" there shall be substituted "paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "section 12AA, 16(3B) or" there shall be substituted "paragraph 5 of Schedule 6 to that Act, paragraph 7(8) of Schedule 7 to that Act or section".
     42. In section 70(1) of the Children and Young Persons Act 1969 (interpretation), for the definitions of "supervision order", "supervised person" and "supervisor" there shall be substituted the following definition-
 
 
    ""supervision order" has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000;".
 
Administration of Justice Act 1970 (c. 31)
     43. - (1) Part I of Schedule 9 to the Administration of Justice Act 1970 (orders for costs, compensation etc. enforceable as on a summary conviction) shall be amended as follows.
 
      (2) For paragraph 10 there shall be substituted the following paragraph-
 
 
  " 10. Where under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation."
 
      (3) In paragraph 12, for "section 55 of the Children and Young Persons Act 1933" there shall be substituted "section 137 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Attachment of Earnings Act 1971 (c. 32)
     44. In section 3(3C) of the Attachment of Earnings Act 1971 (court's power to make order), 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".
 
 
Consumer Credit Act 1974 (c. 39)
     45. In section 119(2) of the Consumer Credit Act 1974 (unreasonable refusal to deliver pawn), for the words from "section 28" to "that section," there shall be substituted "section 148 of the Powers of Criminal Courts (Sentencing) Act 2000 (restitution orders)".
 
 
Solicitors Act 1974 (c. 47)
     46. In section 43 of the Solicitors Act 1974 (control of employment of certain persons), in subsection (7), for the words from "under Part I" to "that Act," there shall be substituted "discharging a person absolutely or conditionally in respect of an offence shall, notwithstanding anything in section 14 of the Powers of Criminal Courts (Sentencing) Act 2000,".
 
 
Rehabilitation of Offenders Act 1974 (c. 53)
     47. In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), in subsection (4), for "section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     48. - (1) Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences) shall be amended as follows.
 
      (2) In subsection (1)(d)-
 
 
    (a) after "life" there shall be inserted "under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "or for a term exceeding thirty months, passed under section 53 of the Children and Young Persons Act 1933" there shall be substituted "or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000".
      (3) In subsection (2), in Table B, for "section 53 of the said Act of 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (4) In subsection (4B), as inserted by paragraph 6(3) of Schedule 4 to the 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";
 
    (b) for "section 8" there shall be substituted "section 23"; and
 
    (c) for "section 9" there shall be substituted "section 24".
      (5) In subsection (4C) as so inserted-
 
 
    (a) for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (b) for "section 8" there shall be substituted "section 23"; and
 
    (c) for "section 9" there shall be substituted "section 24".
      (6) In subsection (5)(e), for "any provision of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (7) In subsection (6)(c), for "section 19 of the Criminal Justice Act 1948" there shall be substituted "section 60 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (8) In subsection (6A), for "section 73 of the Crime and Disorder Act 1998" there shall be substituted "section 100 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (9) In subsection (9)(b), for "section 53 of the said Act of 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (10) In subsection (10)-
 
 
    (a) for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "the said Act of 1969" there shall be substituted "the Children and Young Persons Act 1969".
     49. In section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in paragraph (d), for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Bail Act 1976 (c. 63)
     50. - (1) Section 2 of the Bail Act 1976 (definitions) shall be amended as follows.
 
      (2) In subsection (1)(c), for "section 30(1) of the Magistrates' Courts Act 1980" there shall be substituted "section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2)-
 
 
    (a) for the definition of "bail hostel" and "probation hostel" there shall be substituted the following definition-
 
    ""bail hostel" means premises for the accommodation of persons remanded on bail,"; and
 
    (b) after the definition of "offence" there shall be inserted the following definition-
 
    ""probation hostel" means premises for the accommodation of persons who may be required to reside there by a probation order,".
     51. In section 3 of the Bail Act 1976 (general provisions), in subsection (9), for "subsection (2) of section 30 of the Magistrates' Courts Act 1980" there shall be substituted "subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     52. In section 4 of the Bail Act 1976 (general right to bail of accused person and others), in subsection (3), for "Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)" there shall be substituted "Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain community orders)".
 
     53. In section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail), in subsection (6A)(a)-
 
 
    (a) after the words "in custody 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) for sub-paragraphs (iii) and (iv) there shall be substituted the following sub-paragraph-
 
      "(iii) section 18 (initial procedure on information against adult for offence triable either way),".
     54. - (1) Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) shall be amended as follows.
 
      (2) In Part I, in paragraph 8(3)-
 
 
    (a) for "section 30(2) of the Magistrates' Courts Act 1980" there shall be substituted "section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "the said section 30(2)" there shall be substituted "the said section 11(3)".
      (3) In Part III, in paragraph 4, in the definition of "default", for "section 6 or 16 of the Powers of Criminal Courts Act 1973" there shall be substituted "Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Law Act 1977 (c. 45)
     55. In section 3(1) of the Criminal Law Act 1977 (penalties for conspiracy), for "section 30(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 127 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     56. In section 38A of the Criminal Law Act 1977 (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in subsection (5), in the definition of "prison", for "section 12(10) of the Criminal Justice Act 1982" there shall be substituted "section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     57. In section 38B of the Criminal Law Act 1977 (further provision for execution of certain warrants of commitment), in subsection (5), in the definition of "prison", for "section 12(10) of the Criminal Justice Act 1982" there shall be substituted "section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
     58. In section 5(2) of the Ancient Monuments and Archaeological Areas Act 1979 (execution of works for preservation of a scheduled monument by Secretary of State), 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".
 
     59. In section 29 of the Ancient Monuments and Archaeological Areas Act 1979 (compensation orders for damage to monuments under guardianship in England and Wales), 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".
 
 
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
     60. In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion 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".
 
 
Magistrates' Courts Act 1980 (c. 43)
     61. In section 11(3) of the Magistrates' Courts Act 1980 (non-appearance of accused), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     62. In section 17A(4) of the Magistrates' Courts Act 1980 (initial procedure: accused to indicate intention as to plea), for "section 38 below" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     63. In section 20(2) of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable), for "section 38 below" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     64. - (1) Section 24 of the Magistrates' Courts Act 1980 (summary trial of information against child or young person for indictable offence) shall be amended as follows.
 
      (2) In subsection (1)(a), for "subsection (2) of section 53 of the Children and Young Persons Act 1933" there shall be substituted "subsection (1) or (2) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (3), for "section 1(1) of the Criminal Justice Act 1982" there shall be substituted "section 89(1) of the said Act of 2000".
 
     65. In section 33 of the Magistrates' Courts Act 1980 (maximum penalties on summary conviction in pursuance of section 22), in subsection (1)(b), for "section 38 below" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (committal to Crown Court for sentence)".
 
     66. In section 77(2) of the Magistrates' Courts Act 1980 (postponement of issue of warrant of commitment)-
 
 
    (a) for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "17" there shall be substituted "18".
 
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