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The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998

Type Statutory-Instrument

Publication 1998-11-17

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(a) Article 19 of the Prison (Jersey) Law, 1957 (as amended by the Prison (Amendment No. 3) Jersey Law 1994) and Article 10 of the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b) subject to that and 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) Article 19(4) of the 1957 Law, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to the prison were a reference to prison.

(6) Article 27(2) of the 1957 Law (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), as applied by sub-paragraph (2) above, shall have effect as if the reference to the prison included a reference to any prison.

(7) Article 10 of the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995), as applied by sub-paragraph (2) or (4) above, shall have effect as if—

(a) in paragraph (1), for the words “either a probation officer or an officer of the Health and Social Services Committee” there were substituted the words “a probation officer”;

(b) in paragraph (5), for the words “liable to” there were substituted the words “liable on summary conviction to”; and

(c) in paragraph (6), for the words “youth detention” there were substituted the words “detention in a young offender institution”.

Restricted transfers from Jersey to Scotland

18

(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey 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 save that sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoners remanded in custody) shall not apply to that person for those purposes.

(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to Scotland is a restricted transfer—

(a) Articles 19 and 27(2) of the Prison (Jersey) Law, 1957 (“the 1957 Law”) (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules 1957 (as amended by the Prison (Amendment No. 8) (Jersey) Rules, 1981), Article 5 of the Criminal Justice (Jersey) Law, 1957, Article 35 of the Court of Appeal (Jersey) Law, 1961, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 and Article 10 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 (“the 1994 Law”) (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) shall apply to him in place of the corresponding provisions of the law of Scotland; but

(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 his 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.

(4) Where a transfer under paragraph 4(2) of the Schedule of a person’s supervision from Jersey to Scotland is a restricted transfer—

(a) Article 19 of the 1957 Law (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994) and Article 10 of the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) shall apply to him in place of the corresponding provisions of the law of Scotland; but

(b) subject to that and 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) Article 19(4) of the 1957 Law, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to the prison were a reference to prison.

(6) Article 27(2) of the 1957 Law (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), as applied by sub-paragraph (2) above, shall have effect as if the reference to the prison included a reference to any prison.

(7) Article 10 of the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) as applied by sub-paragraph (2) or (4) above, shall have effect as if—

(a) in paragraph (1), for the words “either a probation officer or an officer of the Health and Social Services Committee” there were substituted the words “a relevant officer within the meaning given by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993”;

(b) in paragraph (5), for the words “liable to” there were substituted the words “liable on summary conviction to”; and

(c) in paragraph (6), for the words “youth detention” there were substituted the words “detention in a young offenders institution”.

Restricted transfers from Jersey to Northern Ireland

19

(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey to Northern Ireland 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 Northern Ireland.

(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to Northern Ireland is a restricted transfer—

(a) Articles 19 and 27(2) of the Prison (Jersey) Law, 1957 (“the 1957 Law”) (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules 1957 (as amended by the Prison (Amendment No. 8) (Jersey) Rules, 1981), Article 5 of the Criminal Justice (Jersey) Law, 1957, Article 35 of the Court of Appeal (Jersey) Law, 1961, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 and Article 10 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 (“the 1994 Law”) (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(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 his sentence had been an equivalent sentence passed by a court in Northern Ireland.

(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(2) of the Schedule of a person’s supervision from Jersey to Northern Ireland is a restricted transfer—

(a) Article 19 of the 1957 Law (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994) and Article 10 of the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b) subject to that and 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 Northern Ireland.

(5) Article 19(4) of the 1957 Law, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to the prison were a reference to prison.

(6) Article 27(2) of the 1957 Law (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), as applied by sub-paragraph (2) above, shall have effect as if the reference to the prison included a reference to any prison.

(7) Article 10 of the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) as applied by sub-paragraph (2) or (4) above, shall have effect as if—

(a) in paragraph (1), for the words “either a probation officer or an officer of the Health and Social Services Committee” there were substituted the words “a probation officer”;

(b) in paragraph (5), for the words “liable to” there were substituted the words “liable on summary conviction to”; and

(c) in paragraph (6), for the words “youth detention” there were substituted the words “detention in a young offenders centre”.

SCHEDULE 2 — TRANSITIONAL PROVISIONS

1

In this Schedule, “life prisoner” has the same meaning as in Chapter II of Part II of the Act.

Restricted transfers from England and Wales—general

2

(1) In relation to any time before the commencement of sections 75 to 77 of the 1998 Act—

(a) paragraphs 2(2), 3(2) and 4(2) of Schedule 1 to this Order shall have effect as if the words “and sections 75 to 77 of the 1998 Act” were omitted; and

(b) paragraphs 2(4), 3(4) and 4(4) of Schedule 1 to this Order shall have effect as if the words “and sections 76 and 77 of the 1998 Act” were omitted.

Restricted transfers from England and Wales to Guernsey

3

In relation to any time before the commencement of Chapter II of Part II of the Act, paragraph 2 of Schedule 1 to this Order 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

Restricted transfers from England and Wales to the Isle of Man

4

In relation to any time before the commencement of Chapter II of Part II of the Act, paragraph 3 of Schedule 1 to this Order 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

Restricted transfers from England and Wales to Jersey

5

In relation to any time before the commencement of Chapter II of Part II of the Act, paragraph 4 of Schedule 1 to this Order 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

Restricted transfers from Scotland to Guernsey

6

(1) In relation to any prisoner to whom the existing provisions apply, paragraph 5 of Schedule 1 to this Order 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, 16 (but not subsections (3) and (4) of that section), 17 to 21, 26A and 27 of, and Schedules 2 and 6 to, 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 Act²⁵;

(b) references in sub-paragraph (4) to sections 1A, 3A, 11 to 13, 15, 16 (but not subsections (3) and (4) of that section), 17 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.

(2) In sub-paragraph (1) 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.

Restricted transfers from Scotland to the Isle of Man

7

(1) In relation to any prisoner to whom the existing provisions apply, paragraph 6 of Schedule 1 to this Order 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, 17 to 21, 26A and 27 of, and Schedules 2 and 6 to, 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 (4) to sections 1A, 3A, 11 to 13, 15, 17 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.

(2) In sub-paragraph (1) 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.

Restricted transfers from Scotland to Jersey

8

(1) In relation to any prisoner to whom the existing provisions apply, paragraph 7 of Schedule 1 to this Order 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, 16 (but not subsections (3) and (4) of that section), 17 to 21, 26A and 27 of, and Schedules 2 and 6 to, 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 (4) to sections 1A, 3A, 11 to 13, 15, 16 (but not subsections (3) and (4) of that section), 17 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 Prisons (Scotland) Act 1989 (“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.

(2) In sub-paragraph (1) 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.

Signed

A. K. Galloway — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order revokes and replaces the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997 (S.I. 1997/1776) (transfer of prisoners between the various parts of the United Kingdom and the Channel Islands, and between those parts and the Isle of Man) in order to:

(a) in relation to transfers of prisoners from England and Wales and Scotland to the Channel Islands and the Isle of Man, mirror changes made by the Crime and Disorder Act 1998 (c. 37) to Schedules 1 and 5 to the Crime (Sentences) Act 1997 (c. 43), consequential on other provisions of that Act of 1998;

(b) apply articles 3, 4 and 6 of the Treatment of Offenders (NI) Order 1976 (S.I. 1976/226 (NI 4) (conviction after release but before expiry of sentence) to transfers from Northern Ireland to the Channel Islands;

(c) apply section 22 of the Prison Administration (Guernsey) Ordinance, 1998 (which replaced section 31 of the Prison Administration (Guernsey) Ordinance, 1959) (remission of sentence); and section 3(5) of the Prison Administration (Guernsey) Law, 1949 and the Parole Review Committee Ordinance, 1991 (release on licence) to transfers from Guernsey to each part of the United Kingdom; and

(d) make minor amendments.

Footnotes

Section 33 was amended by the 1998 Act, section 104(1) and Schedule 8, paragraph 80, subject to transitional provisions in the 1998 Act, Schedule 9, paragraphs 12(3) and 13. Section 33A was inserted by the 1998 Act, Schedule 8, paragraph 81, subject to transitional provisions in the 1998 Act, Schedule 9, paragraph 12(4) and in S.I. 1998/2327 (C.53). Section 34 was repealed by Schedule 6 to the Act. Section 34A was inserted (prospectively) by the 1998 Act, section 99, subject to a transitional provision in the 1998 Act, Schedule 9, paragraph 12(5). Section 35 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200. Section 36 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; and was amended by the 1998 Act, Schedule 8, paragraph 82. Section 37 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; it was amended (in part prospectively) by the 1998 Act, section 104(2) and Schedule 8, paragraph 83, subject to transitional provisions in the 1998 Act, Schedule 9, paragraph 12(2)(b) and 13 and in S.I. 1998/2327 (C.53). Section 37A was inserted (prospectively) by the 1998 Act, section 100(1). Section 38 was repealed (prospectively) by the 1998 Act, section 103(2) and Schedule 10, subject to transitional provisions in the 1998 Act, Schedule 9, paragraphs 12(2)(a) and (c). Section 38A was inserted (prospectively) by the 1998 Act, section 100(2). Section 39 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; it was amended by the 1998 Act, section 103(3) (prospectively) and Schedule 8, paragraph 84, subject to a transitional provision in the 1998 Act, Schedule 9, paragraph 12(2)(a). Section 40 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 9, paragraph 47, and Schedule 10, paragraph 67; and by the 1998 Act, Schedule 7, paragraph 43, and Schedule 8, paragraph 85. Section 41 was amended (prospectively) by the 1998 Act, Schedule 8, paragraph 86. Section 43 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; and was amended by the 1998 Act, Schedule 8, paragraph 87. Section 44 was substituted by the 1998 Act, section 59, subject to transitional provisions in the 1998 Act, Schedule 9, paragraph 12(7) and in S.I. 1998/2327 (C.53). Section 44A was inserted by the 1998 Act, section 60. Section 45 was amended (in part, prospectively) by the 1998 Act, Schedule 8, paragraph 88, subject to transitional provisions in the 1998 Act, Schedule 9, paragraphs 12(2)(b) and (c) and (8), and in S.I. 1998/2327 (C.53). Section 46 was amended by the 1998 Act, Schedule 8, paragraph 89. Section 65 was amended (in part, prospectively) by the 1998 Act, Schedule 8, paragraph 94.

c.33; section 25 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 93(2).

1967 c. 80; section 67 was amended by the Criminal Justice Act 1972 (c. 71), Schedule 5; by the Powers of Criminal Courts Act 1973 (c. 62), section 56(1) and Schedule 5, paragraph 22; by the Criminal Justice Act 1982 (c. 48), section 10 and Schedule 14, paragraph 22; by the Police and Criminal Evidence Act 1984 (c. 60), section 49; by the Criminal Justice Act 1988 (c. 33), section 130 and Schedule 15, paragraphs 17 and 19; by the Children Act 1989 (c. 41), Schedule 13, paragraph 16; by the Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4), Schedule 8, paragraph 2; by the 1991 Act, Schedule 11, paragraph 2; and by the 1998 Act, Schedule 8, paragraph 10 (in part, prospectively).

1952 c. 52; section 47 was amended by the Criminal Justice Act 1967 (c. 80), sections 66(5) and 103(2) and Schedule 7, Part I; and by the Criminal Justice and Public Order Act 1994 (c. 33), section 6; there are other amendments of section 47 which are not relevant to this Schedule.

1971 c. 77; section 3(5) and (6) was amended by the British Nationality Act 1981 (c. 61), Schedule 4, paragraph 2; and section 3(5) was amended by the Asylum and Immigration Act 1996 (c. 49), Schedule 2 paragraph 1(2), which amendment was extended to Guernsey by S.I. 1998/1264.

S.I. 1993/1796.

Paragraphs 1, 2 and 3 were extended to, and applied in relation to, the Isle of Man, with modifications, by S.I. 1997/1775.

Paragraph 4 was extended to, and applied in relation to, the Isle of Man, with modifications, by S.I. 1997/1775.

S.I. 1991/2630.

The amendment of section 3(5) made by the Asylum and Immigration Act 1996 (c. 49), Schedule 2, paragraph 1(2), was extended to Jersey by S.I. 1998/1070.

S.I. 1993/1797.

1995 c. 46; section 65 was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), setion 73(3); and by the Crime and Punishment (Scotland) Act 1997 (c. 48) (“the 1997 Act”), Schedule 1, paragraph 21(9).

Section 1 was amended by the 1997 Act, Schedule 1, paragraph 14(2)(b); and by the 1998 Act, Schedule 8, paragraph 98, subject to transitional provisions (as to the amendment of section 1(2)) in S.I. 1998/2327 (C.53). Section 1A was inserted by the 1998 Act, section 111(1). Section 2 was amended by the 1997 Act, Schedule 1, paragraph 14(3). Section 3A was inserted by the 1998 Act, section 88. Section 5 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 86(3); and by the 1998 Act, Schedule 8, paragraph 100(a), subject to transitional provisions in S.I. 1998/2327 (C.53); and section 5(4) was inserted by the 1998 Act, Schedule 8, paragraph 100(b), subject to transitional provisions in that instrument. Section 6 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 86(4). Section 7(1) and (5) was amended by the 1998 Act, Schedule 8, paragraph 101, subject to transitional provisions (as to subsection (1)) in S.I. 1998/2327 (C.53); and subsections (2A), (2B), (2C) and (4A) were inserted by that paragraph. Section 11 was amended by the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 179(2); subsections (3)(b) and (4) were repealed by the 1998 Act, Schedule 8, paragraph 102, and Schedule 10, subject to transitional provisions in S.I. 1998/2327 (C.53). Section 12 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 131; and by the 1997 Act, Schedule 1, paragraph 14(10)(b). Section 15 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 86(8). Section 16(1) and (7)(a) was amended by the 1998 Act, Schedule 8, paragraph 104; section 16(7)(b) was repealed by the 1998 Act, Schedule 8, paragraph 104 subject to transitional provisions in S.I. 1998/2327 (C.53); section 16(8) was inserted by the 1998 Act, section 111(2). Section 17 was modified in its application to certain prisoners by S.I. 1995/911; and by the 1998 Act, section 111(8); subsection (4A) was inserted by the 1998 Act, Schedule 8, paragraph 105. Section 18 was amended by the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 179(2); and by the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 179(4). Section 20 was amended by the 1998 Act, Schedule 8, paragraph 106. Section 26A was inserted by the 1998 Act, section 87. Section 27 was amended by the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 179(3); section 27(5) was substituted by the 1998 Act, section 111(3); and section 27(8) was inserted by the 1998 Act, Schedule 8, paragraph 107. Schedule 6 was amended by the Criminal Justice Act 1993 (c. 36), sections 75 and 76; by the Criminal Justice and Public Order Act 1994 (c. 33), sections 134 and 135; by the 1997 Act, Schedule 1, paragraph 14(18)(a) and (b), and Schedule 4, paragraph 16(2); paragraph 6B was amended and repealed in part by the 1998 Act, section 111(4) and Schedule 10; paragraph 6C was inserted by the 1998 Act, section 111(5), and paragraph 6D by the 1998 Act, Schedule 8, paragraph 108.

1953 c. 18 (N.I.).

S.I. 1976/226 (NI 4); Article 3 was amended by S.I. 1989/1344 (NI 15).

S.I. 1996/3160 (NI 24).

1995 c. 47.

1991 c. 24.

1989 c. 45; section 18, 22, 24, 26, 28, 29, 30, 32 and Schedule 1 were repealed by the 1993 Act, Schedule 7, Part I, but saved in respect of prisoners to whom the “existing provisions” (as defined in the 1993 Act, Schedule 6, paragraph 1) apply for the purposes of that Act. Section 18 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 134(2) and (3) in its application to such prisoners. Section 19(4) was amended by the 1993 Act, Schedule 5, paragraph 6(4)(b) and Schedule 7; and by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 10, paragraph 64. Section 22 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 134(2), (4) and (5) in its application to such prisoners. Section 28 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 134(2) and (4), in its application to such prisoners. Section 43 was partially repealed by the 1993 Act, Schedule 7, but those repeals were saved in respect of prisoners to whom the above “existing provisions” apply for the purposes of that Act; it was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 134(6)(a); and by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40). Schedule 4, paragraph 75(7).

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