Statutory Instruments
2006 No. 1055
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
CRIMINAL LAW
The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006
Made
31st March 2006
Coming into force
1st April 2006
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113 of the Scotland Act 1998( 1 );
In accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1. –
(1) This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 and shall come into force on the day after the day on which it is made.
(2) Subject to paragraph (3) this Order extends to the whole of the United Kingdom.
(3) Article 3 does not extend to Scotland.
Modification of the Crime (Sentences) Act 1997
2.Paragraph 8 of Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands)( 2 ) is amended as follows-
(a) in sub-paragraph (2)(a)( 3 ), for the words “247 to 252 and 254 to 264A” substitute “246 to 264A”; and
(b) in sub-paragraph (4)(a), for the words “, 249 to 252 and 254” substitute “and 249”.
Management of Offenders etc. (Scotland) Act 2005
3.Section 21(8) of the Management of Offenders etc. (Scotland) Act 2005(amendment of Schedule 1 to the Crime (Sentences) Act 1997)( 4 ) extends to England and Wales and Northern Ireland, as well as to Scotland.
Modification of the House of Commons Disqualification Act 1975
4. In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualification of certain offices)( 5 ) at the appropriate place insert-
“ Chief Officer of a community justice authority appointed under section 4(2) of the Management of Offenders etc. (Scotland) Act 2005. ” .
DAVID CAIRNS
ParliamentaryUnder Secretary of State Scotland Office,
Department for Constitutional Affairs
Dover House,
London
31st March 2006
1997 c43 ; paragraph 8 was amended by the Crime (Sentences) Act 1997 (c. 43) , Schedule 5, paragraph 9; the Crime and Disorder Act 1998 (c. 37) , Schedule 8, paragraph 1998/2327 ; the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) , Schedule 9, paragraph 186; the Criminal Justice and Court Services Act 2000 (c. 43) , Schedule 7, paragraph 143; the Criminal Justice Act 2003 (c. 44) , Schedule 32, paragraph 85; and the Domestic Violence, Crime and Victims Act 2004 (c. 28) , Schedule 10, paragraph 46.
References to certain provisions of the Criminal Justice Act 1991 (c. 53) which formerly appeared in paragraph 8(2)(a) are the subject of a saving for prisoners serving sentences of imprisonment in respect of offences committed before 4th April 2005, by virtue of paragraph 27 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 ( S.I. 2005/950 ).
1975 c. 24 ; there are amendments to Part 3 of Schedule 1 not relevant to this Order.