Crime (Sentences) Act 1997

• (1) Where a person’s transfer under paragraph 1(1)(a) or (2A)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.

• (2) Where a person’s transfer under paragraph 1(1)(b) or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer—

• (a) sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply to him in place of the corresponding provisions of the law of England and Wales;

• (b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in England and Wales.

• (3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

• (3A) Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.

• (4) Where a transfer under paragraph 4(1) of a person’s supervision from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.

• (5) Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 or the Northern Ireland (Remission of Sentences) Act 1995 or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Expression	Substituted Expression
Complaint on oath	Information on oath
Court of summary jurisdiction	Magistrates’ court
. . .	. . .

Restricted transfers from Northern Ireland to Scotland

13

• (1) Where a person’s transfer under paragraph 1(1)(a) or (2A)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.

• (2) Where a person’s transfer under paragraph 1(1)(b) or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer—

• (a) sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply to him in place of the corresponding provisions of the law of Scotland;

• (b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Scotland.

• (3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

• (3A) Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.

• (4) Where a transfer under paragraph 4(1) above of a person’s supervision from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.

• (5) Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 , the Life Sentences (Northern Ireland) Order 2001 or the Northern Ireland (Remission of Sentences) Act 1995 or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Expression	Substituted Expression
Complaint on oath	Evidence on oath
Court of summary jurisdiction	Sheriff
Crown Court	High Court of Justiciary
. . .	. . .
Probation officer	Relevant officer within the meaning of section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993

Restricted transfers between the United Kingdom and the Channel Islands

14

• (1) Her Majesty may by Order in Council make, in relation to restricted transfers under Part I of this Schedule between any part of the United Kingdom and any of the Channel Islands, provision broadly corresponding to that made by any of paragraphs 8 to 13 above.

• (2) An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

• (3) An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Unrestricted transfers: general

15

• (1) Where a person’s transfer under paragraph 1(1)(a) or (2)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the place to which he is transferred.

• (2) Subject to sub-paragraph (3) below, where a person’s transfer under paragraph 1(1)(b) or (2)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the place to which he is transferred.

• (3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

• (4) Where a transfer under paragraph 4(1) or (2) above of a person’s supervision to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer—

• (a) that person shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in the place to which he is transferred; and

• (b) any functions of the Secretary of State under any provision of the law of that place which applies for those purposes shall be exercisable in relation to that person by any person appointed by the Secretary of State for the purpose.

• (4A) Sub-paragraphs (3) and (4) have effect subject to the following modifications—

• (a) in relation to a person transferred to Northern Ireland, any reference in sub-paragraph (3) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

• (b) in relation to a person whose supervision has been transferred to Northern Ireland, sub-paragraph (4)(b) above applies as if—

• (i) after “Secretary of State” where it first occurs there were inserted “or the Department of Justice in Northern Ireland”, and

• (ii) after “Secretary of State” where it occurs second there were inserted “or the Department of Justice (as the case may be)”.

• (4B) A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.

• (4C) In sub-paragraph (4B), “the receiving authority” means—

• (a) in relation to a person transferred to Scotland, the Scottish Ministers,

• (b) in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and

• (c) in relation to any other person, the Secretary of State.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers ceasing to be restricted

16

Where a transfer under Part I of this Schedule ceases to be a restricted transfer at any time by reason of the removal of such a condition as is mentioned in paragraph 6(1)(a) above, paragraph 15 above shall apply as if the transfer were an unrestricted transfer and had been effected at that time.

Part III — Supplemental

Prisoners unlawfully at large

17

• (1) The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large), namely—

• (a) section 49(1) and (5) of the Prison Act 1952;

• (b) section 40(1) of the Prisons (Scotland) Act 1989; and

• (c) section 38(1) of the Prison Act (Northern Ireland) 1953,

shall extend throughout the United Kingdom and the Channel Islands.

• (2) Any reference in those enactments to a constable shall include a reference—

• (a) to a person being a constable under the law of any part of the United Kingdom;

• (b) to a police officer within the meaning of the Police Force (Jersey) Law 1974 or any corresponding law for the time being in force; and

• (c) to an officer of police within the meaning of section 31(4) of the Theft (Bailiwick of Guernsey) Law 1983 or any corresponding law for the time being in force.

• (3) Those enactments shall also apply to persons who, being unlawfully at large under the law of any of the Channel Islands, are for the time being within the United Kingdom as they apply to persons unlawfully at large under the law of any part of the United Kingdom.

• (4) Any person arrested in the United Kingdom under those enactments as applied by sub-paragraph (3) above may be taken to the place in the Channel Islands in which he is required in accordance with the law in force there to be detained.

• (5) Where a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in any part of the United Kingdom is sentenced to imprisonment by a court in another part of the United Kingdom—

• (a) the provisions of Part II of this Schedule relating to the treatment of persons transferred under sub-paragraph (1)(b) of paragraph 1 above shall apply to him, while he remains in that other part of the United Kingdom, as if he had been transferred there under that sub-paragraph immediately before he was so sentenced; and

• (b) the Secretary of State may, if he thinks fit, make an order under that sub-paragraph (but without application in that behalf) transferring him back to the part of the United Kingdom from which he was unlawfully at large.

• (6) In the following provisions, namely—

• (a) paragraph (a) of the proviso to section 49(2) of the Prison Act 1952 (which in effect enables a person who is unlawfully at large during the currency of his original sentence to count towards that sentence any period during which he is detained in pursuance of a sentence of any court);

• (b) the proviso to section 40(2) of the Prisons (Scotland) Act 1989 (which contains corresponding provisions for Scotland); and

• (c) section 38(3) of the Prison Act (Northern Ireland) 1953 (which contains corresponding provisions for Northern Ireland),

references to a court shall include references to any court in the United Kingdom.

• (7) In relation to a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in England and Wales or Scotland and is sentenced to imprisonment by a court in Northern Ireland, any reference in sub-paragraph (5) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Subsequent sentence in case of transferred prisoners

18

• (1) The power of a court in any part of the United Kingdom to order that the term of any sentence of imprisonment passed by the court shall commence at or before the expiration of another term of imprisonment shall include power to make such an order where that other term was imposed by sentence of a court elsewhere in the United Kingdom or in any of the Channel Islands if the offender—

• (a) is serving that other sentence in that part of the United Kingdom; or

• (b) is for the time being present in that part of the United Kingdom,

by virtue of an order under this Schedule, or is unlawfully at large under the law of the country or island in which that other sentence was passed.

• (2) The provisions of this paragraph shall be without prejudice to the powers exercisable by any court apart from those provisions.

Application to the Isle of Man

19

• (1) Her Majesty may by Order in Council direct that any of the foregoing provisions of this Schedule which extend to, or apply in relation to, the Channel Islands shall extend to, or apply in relation to, the Isle of Man with such modifications (if any) as Her Majesty considers appropriate.

• (2) An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

• (3) An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

20

• (1) In this Schedule—

• "detention and training order” includes an order under section 211 of the Armed Forces Act 2006;

• “prison”, unless the context otherwise requires, includes any accommodation which is youth detention accommodation (within the meaning given by section 248(1) of the Sentencing Code), a young offenders institution, a young offenders centre and a remand centre;

• “sentence of imprisonment” includes any sentence of detention (except a sentence of service detention within the meaning of the Armed Forces Act 2006) and a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 272 or 275 of the Sentencing Code, and cognate expressions shall be construed accordingly;

• “supervision” means— supervision under an order made for the purpose,supervision under a detention and training order,in the case of a person released from prison on licence, supervision under a condition contained in the licence,supervision under section 256AA of the Criminal Justice Act 2003 (supervision after end of sentence), including supervision under that section as applied by section 247 of the Sentencing Code, orsupervision under section 256B of the Criminal Justice Act 2003 (supervision after release of certain young offenders serving less than 12 months).

• (2) References in this Schedule to a person being remanded in custody are references to his being remanded in or committed to custody by an order of a court.

• (3) In determining, in relation to any person serving a sentence of imprisonment, the time which is to be served in respect of an equivalent sentence treated as passed in another country or island, regard shall be had, not only to any time already served by him, but also to—

• (a) any periods for which he has been remanded in custody, being either—

• (i) periods by which his sentence falls to be reduced; or

• (ii) periods which have been directed to count as time served as part of his sentence; and

• (b) any early release or additional days awarded to him.

SCHEDULE 2

Preliminary

1

Any reference in this Schedule to prisoners repatriated to any part of the United Kingdom is a reference to prisoners transferred there in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 (“the 1984 Act”).

Prisoners repatriated to England and Wales

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners repatriated to Scotland

5

• (1) This paragraph applies in relation to—

• (a) prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed before 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

• (b) prisoners repatriated to Scotland in respect of such sentences on or after the relevant date.

• (c) prisoners detained in Scotland in pursuance of warrants which—

• (i) are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and

• (ii) relate to sentences that were imposed before 1 October 1993.

• (2) Paragraph 2 of the Schedule to the 1984 Act, as originally enacted, shall have effect, and shall be deemed to have had effect since 16th February 1990, as if—

• (a) in sub-paragraph (1), for the words “section 60 of the Criminal Justice Act 1967” there were substituted the words “ section 22 of the Prisons (Scotland) Act 1989 ”; and

• (b) at the end there were added the following sub-paragraph—

(3) In this paragraph “sentence” means the provision included in a warrant which is equivalent to a sentence.

6

• (1) This paragraph applies in relation to—

• (a) prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed on or after 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

• (b) prisoners repatriated to Scotland in respect of such sentences on or after the relevant date and before the commencement of this Schedule.

• (2) Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the omission of sub-paragraph (1A) and the insertion after sub-paragraph (2) of the following sub-paragraphs—

(3) The question whether the prisoner is a short-term or long-term prisoner for the purposes of the enactments relating to release on licence shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred. (4) For the purposes of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect. (5) In this paragraph— - “the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993; - “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.

7

• (1) This paragraph applies in relation to prisoners repatriated to Scotland after the commencement of this Schedule whose sentences in the country or territory from which they are transferred were imposed on or after 1st October 1993 but before the commencement of section 33 of the Criminal Justice (Scotland) Act 2003 (asp 7).

• (2) In paragraph 2 of the Schedule to the 1984 Act, for sub-paragraphs (1A) and (2) there shall be substituted the following sub-paragraphs—

(2) If the warrant specifies a period to be taken into account for the purposes of sections 1(3) and 2(2) and (7) of the Prisoners and Criminal Proceedings (Scotland) Act 1993— (a) the amount of time the prisoner has served; and (b) where his sentence is a determinate one, his sentence, shall, so far only as the question whether he has served any particular proportion or part of his sentence is concerned, be deemed to be increased by that period. (3) The question whether the prisoner is a long-term prisoner for the purposes of the enactments relating to release on licence shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred. (4) For the purposes of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect. (5) In this paragraph— - “the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993; - “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners repatriated to Northern Ireland

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners repatriated to the Islands

11

• (1) This paragraph applies where any Order in Council under section 9(4) of the 1984 Act extends the provisions of that Act to any of the Channel Islands or the Isle of Man.

• (2) The modifications of that Act made by the Order may include modifications broadly corresponding to those made by any of paragraphs 1 to 10 above.

SCHEDULE 3

Part I — Amendments of the 1983 Act

Transfers from England and Wales to Scotland

1

After section 80 of the 1983 Act there shall be inserted the following section—

(80A) (1) If it appears to the Secretary of State, in the case of a patient who— (a) is subject to a restriction order under section 41 above; and (b) has been conditionally discharged under section 42 or 73 above, that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister. (2) Where responsibility for such a patient is transferred under this section, the patient shall be treated— (a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Scotland; and (b) as if he were subject to a restriction order under the corresponding enactment in force in Scotland. (3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.

Transfers from England and Wales to Northern Ireland

2

After section 81 of the 1983 Act there shall be inserted the following section—

(81A) (1) If it appears to the Secretary of State, in the case of a patient who— (a) is subject to a restriction order or restriction direction under section 41 or 49 above; and (b) has been conditionally discharged under section 42 or 73 above, that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister. (2) Where responsibility for such a patient is transferred under this section, the patient shall be treated— (a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and (b) as if he were subject to a restriction order or restriction direction under the corresponding enactment in force in Northern Ireland. (3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

Transfers from Northern Ireland to England and Wales

3

After section 82 of the 1983 Act there shall be inserted the following section—

(82A) (1) If it appears to the relevant Minister, in the case of a patient who— (a) is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the Mental Health (Northern Ireland) Order 1986; and (b) has been conditionally discharged under Article 48(2) or 78(2) of that Order, that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State. (2) Where responsibility for such a patient is transferred under this section, the patient shall be treated— (a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and (b) as if he were subject to a restriction order or restriction direction under section 41 or 49 above. (3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made. (4) In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.

Transfers from England and Wales to the Islands

4

After section 83 of the 1983 Act there shall be inserted the following section—

(83A) If it appears to the Secretary of State, in the case of a patient who— (a) is subject to a restriction order or restriction direction under section 41 or 49 above; and (b) has been conditionally discharged under section 42 or 73 above, that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.

Transfers from the Islands to England and Wales

5

After section 85 of the 1983 Act there shall be inserted the following section—

(85A) (1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above. (2) The patient shall be treated— (a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and (b) as if he were subject to a restriction order or restriction direction under section 41 or 49 above. (3) Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

Part II — Amendments of the 1984 Act

Transfers from Scotland to England and Wales

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from Scotland to Northern Ireland

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from Northern Ireland to Scotland

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from the Islands to Scotland

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from Scotland to the Islands

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Army Act 1955 (c. 18)

1

• (1) After subsection (3) of section 70 of the Army Act 1955 (civil offences) there shall be inserted the following subsection—

(3A) Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

• (2) For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

(1A) Where— (a) a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or (b) a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section, the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

• (3) In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

• (4) In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 70(3A) above ”.

• (5) In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

Air Force Act 1955 (c. 19)

2

• (1) After subsection (3) of section 70 of the Air Force Act 1955 (civil offences) there shall be inserted the following subsection—

(3A) Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

• (2) For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

(1A) Where— (a) a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or (b) a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section, the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

• (3) In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

• (4) In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 70(3A) above ”.

• (5) In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

Naval Discipline Act 1957 (c. 53)

3

• (1) After subsection (1) of section 42 of the Naval Discipline Act 1957 (civil offences) there shall be inserted the following subsection—

(1A) Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

• (2) For subsection (1A) of section 43A of that Act (juveniles) there shall be substituted the following subsection—

(1A) Where— (a) a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or (b) a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section, the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

• (3) In subsection (6A) of section 43AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

• (4) In paragraph 3(1) of Schedule 4A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 42(1A) above ”.

• (5) In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

Children and Young Persons Act 1963 (c. 37)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1967 (c. 80)

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In subsection (4) of section 72 of that Act (power of magistrates to issue warrants for escaped prisoners and mental patients), after the words “restricting his discharge” there shall be inserted the words “ or in pursuance of a hospital direction and a limitation direction ”.

Criminal Appeal Act 1968 (c. 19)

6

• (1) In subsection (1) of section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—

• (a) after paragraph (b) there shall be inserted the following paragraph—

(bb) a hospital direction and a limitation direction under that Part;

; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration Act 1971 (c. 77)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts Act 1973 (c. 62)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders Act 1974 (c. 53)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates' Courts Act 1980 (c. 43)

10

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For subsection (3) of section 85 of that Act (power to remit fine) there shall be substituted the following subsections—

(2A) Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order. (3) In calculating any reduction required by subsection (2) or (2A) above any fraction of a day or hour shall be left out of account.

Criminal Justice Act 1982 (c. 48)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health Act 1983 (c. 20)

12

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) After that subsection there shall be inserted the following subsection—

(1A) In the case of an offence the sentence for which would otherwise fall to be imposed under subsection (2) of section 3 or 4 of the Crime (Sentences) Act 1997, nothing in that subsection shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.

• (3) In subsection (4) of that section, the words “in the event of such an order being made by the court” shall cease to have effect.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) After subsection (4) of that section there shall be inserted the following subsection—

(5) The preceding provisions of this section shall have effect as if— (a) the reference in subsection (1) to a transfer direction and a restriction direction having been given in respect of a person serving a sentence of imprisonment included a reference to a hospital direction and a limitation direction having been given in respect of a person sentenced to imprisonment; (b) the reference in subsection (2) to a restriction direction included a reference to a limitation direction; and (c) references in subsections (3) and (4) to a transfer direction included references to a hospital direction.

• (6) In section 54 of that Act (requirements as to medical evidence), after the words “38(1)” there shall be inserted the words “ 45A(2) ”.

• (7) In subsection (2) of section 61 of that Act (review of treatment)—

• (a) after the words “restriction order” there shall be inserted the words “ , limitation direction ”; and

• (b) in paragraph (b), after the words “section 41(6)” there shall be inserted the words “ , 45B(3) ”.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In section 70(a) of that Act (applications to tribunals concerning restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

• (10) In subsection (1) of section 74 of that Act (restricted patients), after the words “who is subject to” there shall be inserted the words “ a limitation direction or ”.

• (11) In subsection (5) of that section, after the word “above” there shall be inserted the words “ the relevant hospital direction and the limitation direction or, as the case may be, ”.

• (12) In subsection (6) of that section, after the words “references to”, in the second place where they occur, there shall be inserted the words “ the hospital direction and the limitation direction or, as the case may be, to ”.

• (13) In section 75(1)(b) of that Act (applications and references concerning conditionally discharged restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

• (14) In subsection (1) of section 79 of that Act (interpretation of Part V), after the words “restriction order” there shall be inserted the words “ , limitation direction ”.

• (15) In subsection (2) of that section—

• (a) after the words “ “the relevant hospital order”” there shall be inserted the words “ , “the relevant hospital direction” ”; and

• (b) after the words “the hospital order” there shall be inserted the words “ , the hospital direction ”.

• (16) After subsection (3) of section 92 of that Act (interpretation of Part VI) there shall be inserted the following subsections—

(4) Sections 80 to 85A above shall have effect as if— (a) any hospital direction under section 45A above were a transfer direction under section 47 above; and (b) any limitation direction under section 45A above were a restriction direction under section 49 above. (5) Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.

• (17) In subsection (1) of section 117 of that Act (after-care), after the words “transferred to a hospital in pursuance of” there shall be inserted the words “ a hospital direction made under section 45A above or ”.

• (18) In subsection (3) of section 143 of that Act (general provisions as to regulations, orders and rules), after the word “section” there shall be inserted the word “ 45A(10), ”.

• (19) In subsection (1) of section 145 of that Act (interpretation)—

• (a) after the definition of “hospital” there shall be inserted the following definition—

• “hospital direction” has the meaning given in section 45A(3)(a) above;

;

• (b) after the definition of “interim hospital order” there shall be inserted the following definition—

• “limitation direction” has the meaning given in section 45A(3)(b) above;

.

Criminal Justice Act 1988 (c. 33)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

14

In sub-paragraph (5) of paragraph 9 of Schedule 2 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (exemption from exclusion orders), for the words “section 67 of the Criminal Justice Act 1967” there shall be substituted the words “ section 87 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Criminal Justice Act 1991 (c. 53)

15

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

16

• (1) In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (meaning of transferred life prisoner), for the words “section 26 of the Criminal Justice Act 1961” there shall be substituted the words “ paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 ”.

• (2) In Schedule 6 to that Act, in paragraph 1, in the definition of “new provisions”, after the word “Act” where it last occurs, there shall be inserted the words “ and the Repatriation of Prisoners Act 1984 as it has effect by virtue of paragraphs 6 and 7 of Schedule 2 to the Crime (Sentences) Act 1997 ”.

Criminal Justice and Public Order Act 1994 (c. 33)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Sentences for offences committed before the commencement of Chapter I of Part II

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consecutive sentences for offences committed before and after that commencement

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Concurrent sentences for offences committed before and after that commencement

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crediting of periods of remand in custody

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to release certain life prisoners

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Section 28(7) of this Act shall have effect as if—

• (a) any reference of a prisoner’s case made to the Parole Board under section 32(2) or 34(4) of the 1991 Act had been made under section 28(6) of this Act; and

• (b) any such reference made under section 39(4) of that Act had been made under section 32(4) of this Act.

Life prisoners transferred to England and Wales

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recall of life prisoners while on licence

7

• (1) Section 32(3) and (4) of this Act shall have effect as if any life prisoner recalled to prison under subsection (1) or (2) of section 39 of the 1991 Act had been recalled to prison under ... section 32 of this Act.

• (2) Section 32(4) of this Act shall have effect as if any representations made by a life prisoner under section 39(3) of the 1991 Act had been made under section 32(3) of this Act.

Transfers of prisoners: general

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers of prisoners from England and Wales to Scotland

9

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 8 of Schedule 1 to this Act shall have effect as if—

• (a) references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

• (b) references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

• (c) the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

Transfers of prisoners from England and Wales to Northern Ireland

10

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 9 of Schedule 1 to this Act shall have effect as if—

• (a) references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

• (b) references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

• (c) the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

Transfers of prisoners from Scotland to England and Wales

11

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In relation to any prisoner to whom the existing provisions apply, paragraph 10 of Schedule 1 to this Act shall have effect as if—

• (a) references in sub-paragraph (2) to sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18 or 39 of that Act;

• (b) references in sub-paragraph (5) to sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

• (c) the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act . . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

• (3) . . .In sub-paragraph (2) above—

• (a) the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

• (b) any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.

Transfers of prisoners from Scotland to Northern Ireland

12

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In relation to any prisoner to whom the existing provisions apply, paragraph 11 of Schedule 1 to this Act shall have effect as if—

• (a) references in sub-paragraph (2) to sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the Prisoners and Criminal Proceedings (Scotland) Act (“the 1993 Act”)were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43, and Schedule 1 to, the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18 or 39 of that Act;

• (b) references in sub-paragraph (4) to sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

• (c) the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act . . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

• (3) Sub-paragraph (3) of paragraph 11 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

Interpretation

13

In this Schedule—

• “life prisoner” has the same meaning as in Chapter II of Part II of this Act;

• “term of imprisonment” includes a sentence of detention in a young offender institution or under section 53 of the 1933 Act.

SCHEDULE 6

Mandatory life sentence for second serious offence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9A

Power of High Court to reduce minimum term

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions.

Army Act 1955 (c.18)

Air Force Act 1955 (c.19)

Naval Discipline Act 1957 (c.53)

Children and Young Persons Act 1963 (c.37)

Criminal Justice Act 1967 (c.80)

Criminal Appeal Act 1968 (c.19)

Immigration Act 1971 (c.77)

Powers of Criminal Courts Act 1973 (c.62)

Rehabilitation of Offenders Act 1974 (c.53)

Magistrates’ Courts Act 1980 (c.43)

Criminal Justice Act 1982 (c.48)

Mental Health Act 1983 (c.20)

Criminal Justice Act 1988 (c.33)

Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)

Criminal Justice Act 1991 (c.53)

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

Criminal Justice and Public Order Act 1994 (c.33)

Editorial notes

[^c11464451]: Pt. I (ss. 1-7) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c11464841]: S. 8 repealed (30.9.1998) by 1998 c. 37, s. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 22(1)(w)(3)(x).

[^c11464951]: S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c11465011]: S. 9A repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c11465021]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465041]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465061]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465071]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465081]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465091]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465121]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465141]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465161]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465231]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465241]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465251]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465271]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465281]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465301]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465341]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465351]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465371]: Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

[^c11465521]: S. 28: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)

[^c11465551]: S. 28(1B) modified (30.11.2000) by 2000 c. 43, ss. 74, 80(3)(d), Sch. 7 Pt. II para. 146-148

[^c11465571]: 1952 c.52.

[^c11465581]: S. 28(9) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 136(b), Sch. 8

[^c11465611]: S. 30: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)

[^c11465691]: S. 31: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

[^c11465701]: Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch. 10; S.I. 1998/2327, art. 3(1)(b)(c), Sch. 1; S.I. 2000/924, art. 3

[^c11465711]: S. 31(2A) inserted (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 131(2); S.I. 1998/2327, art. 3(1)(b), Sch. 1; S.I. 2000/924, art. 3

[^c11465721]: Words in s. 31(2A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

[^c11465731]: S. 31(6) modified (1.1.1998) by S.I. 1997/2200, art. 5(3)(a) S. 31(6) modified (19.9.1998) by S.I. 1998/2327, art. 5(1)(b).

[^c11465741]: Words in s. 31(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 131(3); S.I. 1998/2327, art. 2(2)(mm).

[^c11465761]: S. 32: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

[^c11466021]: S. 34: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

[^c11466031]: Word in s. 34(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3)(d), Sch. 7 Pt. II para. 138, Sch. 8

[^c11466041]: Words in s. 34(2)(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 183(2)(3)

[^c11465381]: Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2

[^c11464831]: Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)

[^c11466481]: S. 35 not in force at Royal Assent, see s. 57(2). S. 35 in force at 1.1.1998 by 1997/2200, art. 3 (subject to savings in art. 5)

[^c11466491]: Words in s. 35(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 132(1); S.I. 1998/2327, art. 2(2)(nn).

[^c11466501]: 1988 c.33.

[^c11466511]: 1994 c.37.

[^c11466531]: Words in s. 35(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 50(1); S.I. 1998/2327, art. 2(1)(w).

[^c11466541]: S. 35(4)(5) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3)

[^c11466561]: S. 35(7)(8) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(4)

[^c11466581]: Words in s. 35(10) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 50(6); S.I. 1998/2327, art. 2(1)(w).

[^c11466591]: S. 35(12A) inserted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(5)

[^c11466751]: S. 36 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c11466811]: S. 37 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c11466831]: S. 38 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c11466881]: S. 39 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c11466921]: S. 40 not in force at Royal Assent, see s. 57(2). S. 40 in force at 1.1.1998 by 1997/2200, art. 3 (subject to savings in art. 5)

[^c11466931]: 1988 c.33.

[^c11466941]: 1994 c.37.

[^c11466961]: S. 40(6)(7) substituted (25.8.2000) for s. 40(6) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 185(3)