|
|
| |
| | |
|
| “(3A) | In paragraph (3) “the relevant date” means— |
|
| (a) | the date of the order imposing the disqualification |
|
| |
| (b) | if the period of the disqualification is extended by |
|
| an extension period, the date in sub-paragraph (a) |
|
| postponed by a period equal to that extension |
|
| |
| (c) | after paragraph (3A) (as inserted by paragraph (b)), insert— |
|
| “(3B) | “Extension period” means an extension period added |
|
| |
| |
| (b) | Article 8A of the Criminal Justice (Northern |
|
| Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or |
|
| (c) | Article 91A of the Criminal Justice (Northern |
|
| Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).”” |
|
212 | Page 209, line 34, at end insert— |
|
| “(9) | In Article 52 (supplementary provisions as to disqualification and |
|
| |
| (a) | in paragraph (2), after “or more” insert “(disregarding any |
|
| |
| (b) | after paragraph (2), insert— |
|
| “(2ZA) | In paragraph (2) “extension period” means an extension |
|
| period added pursuant to— |
|
| |
| (b) | Article 8A of the Criminal Justice (Northern |
|
| Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or |
|
| (c) | Article 91A of the Criminal Justice (Northern |
|
| Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).”” |
|
213 | Page 209, line 41, at end insert— |
|
| “( ) | Article 8A of the Criminal Justice (Northern Ireland) Order |
|
| |
214 | Page 211, line 7, at end insert— |
|
| “( ) | In Schedule 1, in paragraph 30 (date of taking effect of youth |
|
| rehabilitation orders etc)— |
|
| (a) | in sub-paragraph (1)— |
|
| (i) | for “sub-paragraph (2)” substitute “sub-paragraphs (1A) |
|
| |
| (ii) | omit “the day after”, |
|
| (b) | after that sub-paragraph insert— |
|
| “(1A) | A court making a youth rehabilitation order may order |
|
| that it is to take effect instead on a later date.”, and |
|
| (c) | in sub-paragraph (2), for “If” substitute “In particular, if”.” |
|
|
215 | Page 212, line 28, at end insert— |
|
|
|
| |
| | |
|
| “(8) | Sub-paragraphs (9) to (11) apply where an order under paragraph 2 of |
|
| Schedule 2 has the effect of creating a coroner area (“the new area”) that |
|
| consists of or includes some or all of the area of one or more existing |
|
| coroner areas (“the old areas”). |
|
| (9) | A person who does not meet the criteria in paragraph 3 of Schedule 3, or |
|
| who falls within paragraph 4 of that Schedule, may nevertheless become |
|
| the senior coroner or an area coroner for the new area at its inception if |
|
| he or she is someone who— |
|
| (a) | was treated by virtue of sub-paragraph (2) above as having been |
|
| appointed as the senior coroner for one of the old areas, and |
|
| (b) | held office as such immediately before the inception of the new |
|
| |
| (10) | A person who does not meet the criteria in paragraph 3 of Schedule 3, or |
|
| who falls within paragraph 4 of that Schedule, may nevertheless become |
|
| an assistant coroner for the new area at its inception if he or she is |
|
| |
| (a) | was treated by virtue of sub-paragraph (2) or (3) above as having |
|
| been appointed as the senior coroner or an assistant coroner for |
|
| one of the old areas, and |
|
| (b) | held office as such immediately before the inception of the new |
|
| |
| (11) | Paragraph 10 of that Schedule does not apply to— |
|
| (a) | a person within paragraphs (a) and (b) of sub-paragraph (9) |
|
| above who becomes the senior coroner for the new area at its |
|
| |
| (b) | a person within paragraphs (a) and (b) of sub-paragraph (10) |
|
| above who becomes an assistant coroner for the new area at its |
|
| |
216 | Page 212, line 28, at end insert— |
|
| “3A | Section (Amendment to the Regulation of Investigatory Powers Act 2000) has |
|
| effect in relation to investigations that have begun, but have not been |
|
| concluded, before the day on which that section comes into force (as well |
|
| as to inquests beginning on or after that day).” |
|
217 | Page 212, line 28, at end insert— |
|
| |
| | In the case of the first appointment to the office of Coroner for Treasure, |
|
| paragraph 2(b) of Schedule (Coroner for Treasure and Assistant Coroners for |
|
| Treasure) does not apply to a person holding office as a coroner, deputy |
|
| coroner or assistant deputy coroner under the 1988 Act on the coming |
|
| into force of that Schedule.” |
|
218 | Page 212, line 30, leave out paragraphs 4 to 6 |
|
219 | Page 215, line 15, at end insert— |
|
| “Slavery, servitude and forced or compulsory labour |
|
| 14A | In the definition of “the relevant period” in section (Slavery, servitude and |
|
| forced or compulsory labour)(4), as it extends to England and Wales, the |
|
| reference to 12 months is to be read as a reference to 6 months in relation |
|
|
|
| |
| | |
|
| to an offence committed before the commencement of section 154(1) of |
|
| the Criminal Justice Act 2003 (c. 44).” |
|
220 | Page 215, line 23, leave out from second “to” to end of line 27 and insert— |
|
| “(a) | an offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), |
|
| Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the |
|
| Naval Discipline Act 1957 (c. 53), |
|
| (b) | an offence under paragraph 4(6) of Schedule 5A to the Army Act |
|
| 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 |
|
| c. 19) or of Schedule 4A to the Naval Discipline Act 1957 (c. 53), |
|
| (c) | an offence under section 47K of the Naval Discipline Act 1957 |
|
| |
| (d) | an offence under section 18 or 20 of the Armed Forces Act 1991 |
|
| (c. 62) committed before the commencement of section 50 of the |
|
| Armed Forces Act 2006 (c. 52) (“the 2006 Act”), |
|
| (e) | an offence under any of sections 95 to 97 of the Reserve Forces |
|
| Act 1996 (c. 14) committed before the commencement of section |
|
| |
| (f) | an offence under paragraph 5(1) of Schedule 1 to the Reserve |
|
| Forces Act 1996 (c. 14) committed before the commencement of |
|
| section 50 of the 2006 Act which the Court Martial established by |
|
| the 2006 Act has jurisdiction to try. |
|
| (2) | Notwithstanding subsection (4)(b) of section 71, the references in that |
|
| section to a charge are to be treated as including a reference to a charge |
|
| that is not brought under Part 5 of the Armed Forces Act 2006 (c. 52) but |
|
| is to be regarded for the purposes of Part 5 as allocated for Court Martial |
|
| trial, summary hearing or (as the case may be) Service Civilian Court |
|
| |
221 | Page 216, line 38, after “force” insert “of section 154(1)” |
|
222 | Page 216, line 42, after “force” insert “of section 154(1)” |
|
223 | Page 216, line 43, at end insert— |
|
| “19A (1) | Section 79 has effect with the modifications made by this paragraph for |
|
| the purposes of discharging or varying a witness anonymity order made |
|
| under the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) by— |
|
| (a) | a Summary Appeal Court established by the Army Act 1955 |
|
| (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or |
|
| the Naval Discipline Act 1957 (c. 53), or |
|
| (b) | a Standing Civilian Court established under the Armed Forces |
|
| |
| (2) | The references in section 79(2) to (5) to the court that made the order are |
|
| |
| (a) | where the order was made by a Summary Appeal Court, as |
|
| references to the Summary Appeal Court established by the |
|
| Armed Forces Act 2006 (c. 52), and |
|
| (b) | where the order was made by a Standing Civilian Court, as |
|
| references to the Service Civilian Court established by the Armed |
|
| Forces Act 2006 (c. 52).” |
|
224 | Page 217, line 26, leave out from second “to” to end of line 30 and insert— |
|
|
|
| |
| | |
|
| “(a) | an offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), |
|
| Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the |
|
| Naval Discipline Act 1957 (c. 53), |
|
| (b) | an offence under paragraph 4(6) of Schedule 5A to the Army Act |
|
| 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 |
|
| c. 19) or of Schedule 4A to the Naval Discipline Act 1957 (c. 53), |
|
| (c) | an offence under section 47K of the Naval Discipline Act 1957 |
|
| |
| (d) | an offence under section 18 or 20 of the Armed Forces Act 1991 |
|
| (c. 62) committed before the commencement of section 50 of the |
|
| Armed Forces Act 2006 (c. 52) (“the 2006 Act”), |
|
| (e) | an offence under any of sections 95 to 97 of the Reserve Forces |
|
| Act 1996 (c. 14) committed before the commencement of section |
|
| |
| (f) | an offence under paragraph 5(1) of Schedule 1 to the Reserve |
|
| Forces Act 1996 (c. 14) committed before the commencement of |
|
| section 50 of the 2006 Act which the Court Martial established by |
|
| the 2006 Act has jurisdiction to try.” |
|
225 | Page 217, line 32, after “of” insert “paragraph 53 of Schedule 8 to” |
|
226 | Page 217, line 35, leave out sub-paragraph (2) |
|
227 | Page 219, line 16, after “to” insert “, or has effect by reference to,” |
|
228 | Page 220, line 27, leave out “added pursuant to section 35A or 35B” |
|
229 | Page 221, line 16, at end insert— |
|
| |
| 38A | The amendments made by sections (Appeals against certain confiscation |
|
| orders (England and Wales)) and (Appeals against certain confiscation orders |
|
| (Northern Ireland)) (appeals against certain confiscation orders) apply to |
|
| appeals which are pending when this Act is passed (as well as appeals |
|
| |
230 | Page 221, line 22, leave out “6 or 8 to 12” and insert “6, 8, 10 or 12” |
|
231 | Page 221, line 29, leave out “7 or 10” and insert “7, 9 or 11” |
|
232 | Page 223, line 10, at end insert— |
|
| |
| | Until paragraph 8 of Schedule 4 to the Courts Act 2003 (c. 39) comes into |
|
| force paragraph 1(1A) of Schedule 9 to the Data Protection Act 1998 |
|
| (c. 29) (as inserted by paragraph 13(1A) of Schedule 18 to this Act) has |
|
| effect as if the words “or a District Judge (Magistrates’ Courts)” were |
|
| |
|
233 | Page 224, line 3, at end insert— |
|
| | “In Schedule 2, in paragraph 2, the “and” |
| | | | | following paragraph (3).” |
| | |
|
|