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260 Individual support orders: consequential amendments | |
(1) The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in | |
subsections (2) to (5). | |
(2) In section 4 of that Act (appeals against orders)— | |
(a) in subsection (1) after “an anti-social behaviour order” there is inserted | 5 |
“, an individual support order”, and | |
(b) in subsection (3) after “1(8)” there is inserted “, 1AB(6)”. | |
(3) In section 18(1) of that Act (interpretation of Chapter 1)— | |
(a) after the definition of “curfew notice” there is inserted— | |
““individual support order” has the meaning given by section | 10 |
1AA(2) above;”, and | |
(b) in the definition of “responsible officer”, before paragraph (a) there is | |
inserted— | |
“(za) in relation to an individual support order, has the | |
meaning given by section 1AA(10) above;”. | 15 |
(4) In section 18(4) of that Act (cases where social worker or member of a youth | |
offending team to give supervision or directions)— | |
(a) after “directions under” there is inserted “an individual support order | |
or”, and | |
(b) for “the child or, as the case may be, the parent” there is substituted “the | 20 |
child, defendant or parent, as the case may be,”. | |
(5) In section 38 of that Act (local provision of youth justice services), in subsection | |
(4)(f) after “in relation to” there is inserted “individual support orders,”. | |
(6) In section 143(2) (provisions in which sums may be altered) of the Magistrates’ | |
Courts Act 1980 (c. 43), after paragraph (d) there is inserted— | 25 |
“(da) section 1AB(3) of the Crime and Disorder Act 1998 (failure to | |
comply with individual support order);”. | |
Parenting orders and referral orders | |
261 Parenting orders and referral orders | |
Schedule 23 (parenting orders and referral orders) shall have effect. | 30 |
Assessing etc. risks posed by sexual or violent offenders | |
262 Arrangements for assessing etc risks posed by certain offenders | |
(1) In this section— | |
“relevant sexual or violent offender” has the meaning given by section | |
264; | 35 |
“responsible authority”, in relation to any area, means the chief officer of | |
police, the local probation board for that area and the Minister of the | |
Crown exercising functions in relation to prisons, acting jointly. | |
(2) The responsible authority for each area must establish arrangements for the | |
purpose of assessing and managing the risks posed in that area by— | 40 |
(a) relevant sexual and violent offenders, and | |
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(b) other persons who, by reason of offences committed by them (wherever | |
committed), are considered by the responsible authority to be persons | |
who may cause serious harm to the public. | |
(3) In establishing those arrangements, the responsible authority must act in co- | |
operation with the persons specified in subsection (6); and it is the duty of | 5 |
those persons to co-operate in the establishment by the responsible authority | |
of those arrangements, to the extent that such co-operation is compatible with | |
the exercise by those persons of their functions under any other enactment. | |
(4) Co-operation under subsection (3) may include the exchange of information. | |
(5) The responsible authority for each area (“the relevant area”) and the persons | 10 |
specified in subsection (6) must together draw up a memorandum setting out | |
the ways in which they are to co-operate. | |
(6) The persons referred to in subsections (3) and (5) are— | |
(a) every youth offending team established for an area any part of which | |
falls within the relevant area, | 15 |
(b) the Ministers of the Crown exercising functions in relation to social | |
security, child support, war pensions, employment and training, | |
(c) every local housing authority or social services authority any part of | |
whose area falls within the relevant area, | |
(d) every registered social landlord which provides or manages residential | 20 |
accommodation in the relevant area in which persons falling within | |
subsection (2)(a) or (b) reside or may reside, | |
(e) every Health Authority or Strategic Health Authority any part of | |
whose area falls within the relevant area, | |
(f) every Primary Care Trust or Local Health Board any part of whose area | 25 |
falls within the relevant area, | |
(g) every NHS trust any part of whose area falls within the relevant area, | |
and | |
(h) every person who is designated by the Secretary of State by order for | |
the purposes of this paragraph as a provider of electronic monitoring | 30 |
services. | |
(7) The Secretary of State may by order amend subsection (6) by adding or | |
removing any person or description of person. | |
(8) The Secretary of State may issue guidance to responsible authorities on the | |
discharge of the functions conferred by this section and section 263. | 35 |
(9) In this section— | |
“local housing authority” has the same meaning as in the Housing Act | |
1985 (c. 68); | |
“Minister of the Crown” has the same meaning as in the Ministers of the | |
Crown Act 1975 (c. 26); | 40 |
“NHS trust” has the same meaning as in the National Health Service Act | |
1977 (c. 49); | |
“prison” has the same meaning as in the Prison Act 1952 (c. 52); | |
“registered social landlord” has the same meaning as in Part 1 of the | |
Housing Act 1996 (c. 52); | 45 |
“social services authority” means a local authority for the purposes of the | |
Local Authority Social Services Act 1970 (c. 42). | |
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263 Review of arrangements | |
(1) The responsible authority for each area must keep the arrangements | |
established by it under section 262 under review with a view to monitoring | |
their effectiveness and making any changes to them that appear necessary or | |
expedient. | 5 |
(2) The responsible authority for any area must exercise their functions under | |
subsection (1) in consultation with persons appointed by the Secretary of State | |
as lay advisers in relation to that authority. | |
(3) The Secretary of State must appoint two lay advisers under subsection (2) in | |
relation to each responsible authority. | 10 |
(4) The responsible authority must pay to or in respect of the persons so appointed | |
such allowances as the Secretary of State may determine. | |
(5) As soon as practicable after the end of each period of 12 months beginning with | |
1 April, the responsible authority for each area must— | |
(a) prepare a report on the discharge by it during that period of the | 15 |
functions conferred by section 262 and this section, and | |
(b) publish the report in that area. | |
(6) The report must include— | |
(a) details of the arrangements established by the responsible authority, | |
and | 20 |
(b) information of such descriptions as the Secretary of State has notified to | |
the responsible authority that he wishes to be included in the report. | |
264 Section 262: interpretation | |
(1) For the purposes of section 262, a person is a relevant sexual or violent offender | |
if he falls within one or more of subsections (2) to (5). | 25 |
(2) A person falls within this subsection if he is subject to the notification | |
requirements of Part 1 of the Sex Offenders Act 1997. | |
(3) A person falls within this subsection if— | |
(a) he is convicted by a court in England or Wales of murder or an offence | |
specified in Schedule 11, and | 30 |
(b) one of the following sentences is imposed on him in respect of the | |
conviction— | |
(i) a sentence of imprisonment for a term of 12 months or more, | |
(ii) a sentence of detention in a young offender institution for a | |
term of 12 months or more, | 35 |
(iii) a sentence of detention during Her Majesty’s pleasure, | |
(iv) a sentence of detention for public protection under section 206, | |
(v) a sentence of detention for a period of 12 months or more under | |
section 91 of the Sentencing Act (offenders under 18 convicted | |
of certain serious offences), | 40 |
(vi) a sentence of detention under section 208, | |
(vii) a detention and training order for a term of 12 months or more, | |
or | |
(viii) a hospital or guardianship order within the meaning of the | |
Mental Health Act 1983 (c. 20). | 45 |
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(4) A person falls within this subsection if— | |
(a) he is found not guilty by a court in England and Wales of murder or an | |
offence specified in Schedule 11 by reason of insanity or to be under | |
such a disability and to have done the act charged against him in | |
respect of such an offence, and | 5 |
(b) one of the following orders is made in respect of the act charged against | |
him as the offence— | |
(i) an order that he be admitted to hospital, or | |
(ii) a guardianship order within the meaning of the Mental Health | |
Act 1983. | 10 |
(5) A person falls within this subsection if the first condition set out in section 28(2) | |
or 29(2) of the Criminal Justice and Court Services Act 2000 (c. 43) or the second | |
condition set out in section 28(3) or 29(3) of that Act is satisfied in his case. | |
(6) In this section “court” does not include a court-martial or the Courts-Martial | |
Appeal Court. | 15 |
Part 14 | |
General | |
265 Orders and rules | |
(1) This section applies to— | |
(a) any power conferred by this Act on the Secretary of State to make an | 20 |
order or rules, | |
(b) the power conferred by section 151 on the Lord Chancellor to make an | |
order. | |
(2) The power, unless it is a power to make rules under section 219(5), is | |
exercisable by statutory instrument. | 25 |
(3) The power— | |
(a) may be exercised so as to make different provision for different | |
purposes or different areas, and | |
(b) may be exercised either for all the purposes to which the power | |
extends, or for those purposes subject to specified exceptions, or only | 30 |
for specified purposes. | |
(4) The power includes power to make— | |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | |
which the Minister making the order considers necessary or expedient. | 35 |
(5) A statutory instrument containing— | |
(a) an order under any of the following provisions— | |
section 21(5), | |
section 86, | |
section 139, | 40 |
section 161, | |
section 177(3), | |
section 203, | |
section 225(4), | |
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section 240, | |
section 245(2), | |
section 247(3), | |
section 262(7), or | |
(b) rules under section 220(4)(a), | 5 |
may only be made if a draft of the statutory instrument has been laid before, | |
and approved by a resolution of, each House of Parliament. | |
(6) Any other statutory instrument made in the exercise of a power to which this | |
section applies is subject to annulment in pursuance of a resolution of either | |
House of Parliament. | 10 |
(7) Subsection (6) does not apply to a statutory instrument containing only an | |
order made under one or more of the following provisions— | |
section 182(3)(b), | |
section 195(3) | |
section 231(4), | 15 |
section 262(6)(i), and | |
section 271. | |
266 Further minor and consequential amendments | |
Schedule 25 (further minor and consequential amendments) shall have effect. | |
267 Repeals | 20 |
Schedule 26 (repeals) shall have effect. | |
268 Supplementary and consequential provision, etc. | |
(1) The Secretary of State may by order make— | |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | 25 |
which he considers necessary or expedient for the purposes of, in consequence | |
of, or for giving full effect to any provision of this Act. | |
(2) An order under subsection (1) may, in particular— | |
(a) provide for any provision of this Act which comes into force before | |
another such provision has come into force to have effect, until that | 30 |
other provision has come into force, with such modifications as are | |
specified in the order, and | |
(b) amend or repeal— | |
(i) any Act passed before, or in the same Session as, this Act, and | |
(ii) subordinate legislation made before the passing of this Act. | 35 |
(3) The amendments that may be made under subsection (2)(b) are in addition to | |
those made by or under any other provision of this Act. | |
(4) In this section “subordinate legislation” has the same meaning as in the | |
Interpretation Act 1978 (c. 30). | |
(5) Schedule 24 (which contains transitory and transitional provisions and | 40 |
savings) shall have effect. | |
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