Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Commons
SCHEDULE 9, CONSEQUENTIAL AMENDMENTS - continued
Criminal Justice Act 1991 (c. 53) - continued

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     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."
 
 
Social Security Administration Act 1992 (c. 5)
     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 inserted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Aggravated Vehicle-Taking Act 1992 (c. 11)
     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".
 
 
Local Government Finance Act 1992 (c. 14)
     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".
 
 
Probation Service Act 1993 (c. 47)
     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)".
     154. In section 5 of the Probation Service Act 1993 (functions in relation to children and young persons)-
 
 
    (a) for "section 12(2) of the Children and Young Persons Act 1969" there shall be substituted "paragraph 2(1) of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "section 12A(3) of that Act" there shall be substituted "paragraph 3(2) of that Schedule".
     155. In section 26(2) of the Probation Service Act 1993 (regulation of community orders), for "relevant officers within the meaning of section 14(4) of the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officers within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     156. - (1) Section 30 of the Probation Service Act 1993 (interpretation) shall be amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) in the definition of "community service order", for the words from "means" onwards there shall be substituted "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) in the definition of "probation order", for the words from "means" onwards there shall be substituted "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000".
      (3) In subsection (2), for "section 11 of the Criminal Justice Act 1991" there shall be substituted "section 51 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Pension Schemes Act 1993 (c. 48)
     157. In section 68(2) of the Pension Schemes Act 1993 (unpaid premiums: supplementary), for the words from "Part I" to "probation or" there shall be inserted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Vehicle Excise and Registration Act 1994 (c. 22)
     158. In section 32(1) of the Vehicle Excise and Registration Act 1994 (offences: supplementary), in paragraph (a), for "section 1A of the Powers of Criminal Courts Act 1973" there shall be substituted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     159. In section 41(1) of the Vehicle Excise and Registration Act 1994 (provisions supplementary to sections 37 to 40), for "section 1A of the Powers of Criminal Courts Act 1973" there shall be substituted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Justice and Public Order Act 1994 (c. 33)
     160. In section 25 of the Criminal Justice and Public Order Act 1994 (restrictions on bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), in subsection (5), in the definition of "the relevant enactments", for "section 53(2) of the Children and Young Persons Act 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     161. In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border execution of warrants), in subsection (7A) as inserted by paragraph 23 of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999, for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
     162. In Schedule 1 to the Criminal Justice and Public Order Act 1994 (escort arrangements: England and Wales), in paragraph 4, in the definition of "offender", for "or detention and training under section 73 of the Crime and Disorder Act 1998" there shall be substituted "or detention and training under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Drug Trafficking Act 1994 (c. 37)
     163. In section 2 of the Drug Trafficking Act 1994 (confiscation orders), in subsection (5), 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".
 
     164. In section 3(10) of the Drug Trafficking Act 1994 (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".
 
 
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