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271 Section 269: interpretation | |
(1) For the purposes of section 269, a person is a relevant sexual or violent offender | |
if he falls within one or more of subsections (2) to (5). | |
(2) A person falls within this subsection if he is subject to the notification | |
requirements of Part 1 of the Sex Offenders Act 1997. | 5 |
(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 12, and | |
(b) one of the following sentences is imposed on him in respect of the | |
conviction— | 10 |
(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, | |
(iii) a sentence of detention during Her Majesty’s pleasure, | |
(iv) a sentence of detention for public protection under section 208, | 15 |
(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), | |
(vi) a sentence of detention under section 210, | |
(vii) a detention and training order for a term of 12 months or more, | 20 |
or | |
(viii) a hospital or guardianship order within the meaning of the | |
Mental Health Act 1983 (c. 20). | |
(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 | 25 |
offence specified in Schedule 12 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 | |
(b) one of the following orders is made in respect of the act charged against | |
him as the offence— | 30 |
(i) an order that he be admitted to hospital, or | |
(ii) a guardianship order within the meaning of the Mental Health | |
Act 1983. | |
(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 | 35 |
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 service court, as defined by section | |
259(1). | |
Part 14 | |
General | 40 |
272 Orders and rules | |
(1) This section applies to— | |
(a) any power conferred by this Act on the Secretary of State to make an | |
order or rules, | |
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(b) the power conferred by section 152 on the Lord Chancellor to make an | |
order. | |
(2) The power, unless it is a power to make rules under section 221(5), is | |
exercisable by statutory instrument. | |
(3) The power— | 5 |
(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 | |
for specified purposes. | 10 |
(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. | |
(5) A statutory instrument containing— | 15 |
(a) an order under any of the following provisions— | |
section 21(5), | |
section 87, | |
section 140, | |
section 162, | 20 |
section 179(3), | |
section 205, | |
section 227(4), | |
section 244, | |
section 249(2), | 25 |
section 251(1), | |
section 255(5), | |
section 269(7), and | |
paragraph 5 of Schedule 23, or | |
(b) rules under section 222(4)(a), | 30 |
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. | 35 |
(7) Subsection (6) does not apply to a statutory instrument containing only an | |
order made under one or more of the following provisions— | |
section 184(3)(b), | |
section 197(3) | |
section 233(4), | 40 |
section 269(6)(h), and | |
section 278. | |
273 Further minor and consequential amendments | |
Schedule 27 (further minor and consequential amendments) shall have effect. | |
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274 Repeals | |
Schedule 28 (repeals) shall have effect. | |
275 Supplementary and consequential provision, etc. | |
(1) The Secretary of State may by order make— | |
(a) any supplementary, incidental or consequential provision, and | 5 |
(b) any transitory, transitional or saving provision, | |
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 | 10 |
another such provision has come into force to have effect, until that | |
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 | 15 |
(ii) subordinate legislation made before the passing of this Act. | |
(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). | 20 |
(5) Schedule 29 (which contains transitory and transitional provisions and | |
savings) shall have effect. | |
276 Provision for Northern Ireland | |
(1) An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) | |
(provision dealing with certain reserved matters) which contains a statement | 25 |
that it is made only for purposes corresponding to those of Part 9 or 11 of this | |
Act— | |
(a) shall not be subject to subsections (3) to (9) of that section (affirmative | |
resolution of both Houses of Parliament), but | |
(b) shall be subject to annulment in pursuance of a resolution of either | 30 |
House of Parliament. | |
(2) In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is | |
in force (suspension of devolved government in Northern Ireland)— | |
(a) the reference in subsection (1) above to section 85 of the Northern | |
Ireland Act 1998 shall be read as a reference to paragraph 1 of the | 35 |
Schedule to the Northern Ireland Act 2000 (legislation by Order in | |
Council during suspension), and | |
(b) the reference in subsection (1)(a) above to subsections (3) to (9) of that | |
section shall be read as a reference to paragraph 2 of that Schedule. | |
277 Expenses | 40 |
There shall be paid out of money provided by Parliament— | |
(a) any expenditure incurred by a Minister of the Crown by virtue of this | |
Act, and | |
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(b) any increase attributable to this Act in the sums payable out of money | |
so provided under any other enactment. | |
278 Commencement | |
(1) The following provisions of this Act come into force on the passing of this | |
Act— | 5 |
section 272, | |
sections 275 to 277, and | |
this section and sections 279 and 280. | |
(2) The remaining provisions of this Act come into force in accordance with | |
provision made by the Secretary of State by order. | 10 |
(3) Different provision may be made for different purposes and different areas. | |
279 Extent | |
(1) Subject to the following provisions of this section, this Act extends to England | |
and Wales only. | |
(2) The following provisions extend also to Scotland and Northern Ireland— | 15 |
sections 60 and 61; | |
sections 70 and 71; | |
section 164 and Schedule 8; | |
section 263; | |
this Part, except sections 273 and 274; | 20 |
paragraphs 3, 6 and 7 of Schedule 21. | |
(3) The following provisions extend also to Scotland— | |
section 256; | |
paragraph 11(3) of Schedule 10 (and section 176 so far as relating to that | |
provision); | 25 |
paragraph 2 of Schedule 17 (and section 246 so far as relating to that | |
paragraph); | |
paragraphs 1, 2 and 5 of Schedule 21. | |
(4) The following provisions extend also to Northern Ireland— | |
Part 5; | 30 |
Part 7. | |
(5) The provisions mentioned in subsection (6), so far as relating to proceedings | |
before a particular service court, have the same extent as the Act under which | |
the court is constituted. | |
(6) Those provisions are— | 35 |
section 98 and Schedule 5; | |
section 120 and Schedule 6. | |
(7) The amendment or repeal of any enactment by— | |
(a) Part 1, | |
(b) section 252 and Schedule 22, | 40 |
(c) Part 1 of Schedule 24, and section 258 so far as relating to that Part, | |
(d) section 273 and Schedule 27, and | |
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