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".
 
Firearms Act 1968 (c. 27)
     8. In section 52(1)(a) of the Firearms Act 1968 (forfeiture and disposal of firearms etc.), "in a young offender institution or" is omitted.
 
 
Children and Young Persons Act 1969 (c. 54)
     9. The Children and Young Persons Act 1969 is amended as follows.
 
     10. 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)".
 
     11. 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)
     12. - (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)
     13. The Adoption Act 1976 is amended as follows.
 
     14. 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".
     15. Section 65A (panels for selection of guardians ad litem and reporting officers) is omitted.
 
 
Bail Act 1976 (c. 63)
     16. The Bail Act 1976 is amended as follows.
 
     17. 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.
     18. In section 3(6ZA) (general provisions), for "probation" there is substituted "community rehabilitation".
 
 
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
     19. 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".
 
Magistrates' Courts Act 1980 (c. 43)
     20. The Magistrates' Courts Act 1980 is amended as follows.
 
     21. In section 11(3) (non-appearance of accused: general provisions), "or detention in a detention centre" is omitted.
 
     22. In section 82(1)(c) (restriction on power to impose imprisonment for default), "youth custody or detention in a detention centre" is omitted.
 
     23. In section 133 (consecutive terms of imprisonment)-
 
 
    (a) in subsection (1), each mention of "or youth custody" is omitted,
 
    (b) subsection (2A) is omitted.
 
Mental Health Act 1983 (c. 20)
     24. 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)
     25. 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)
     26. 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)
     27. The Child Abduction and Custody Act 1985 is amended as follows.
 
     28. In sections 6(a) and 21(a) (reports), for "a probation officer" there is substituted "an officer of the Service".
 
     29. 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)
     30. 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".
 
 
Education Reform Act 1988 (c. 40)
     31. In the Education Reform Act 1988, after section 218 there is inserted-
 
 
"Regulations under section 218(6): further provision.     218A. - (1) The power to make regulations under subsection (6) of section 218 above includes power to provide that a person may appeal to the Tribunal against-
 
    (a) a decision to prohibit or restrict the person's employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or
 
    (b) a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.
      (2) The regulations may-
 
 
    (a) make provision as to the circumstances in which the Tribunal shall allow an appeal under the regulations and as to the powers available to it on allowing such an appeal;
 
    (b) provide that, where a person has been convicted of an offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under the regulations.
      (3) The power to make regulations under subsection (6) of that section also includes power to make provision for a person who has been subject, for a prescribed period, to a prohibition or restriction imposed by virtue of that subsection on relevant grounds to apply, with the leave of the Tribunal, for a review of the prohibition or restriction.
 
      (4) The regulations may make provision as to-
 
 
    (a) the circumstances in which an application for leave, or a review, under the regulations shall be determined in the person's favour;
 
    (b) the powers available to the Tribunal on determining a review in the person's favour.
      (5) In this section-
 
 
    (a) "relevant grounds" means the grounds mentioned in section 218(6ZA)(c) above;
 
    (b) "the Tribunal" means the Tribunal established under section 1 of the Protection of Children Act 1999."
 
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