SCHEDULES
C1SCHEDULE 6 Transitional Provisions and Savings
1
In this Schedule—
“existing provisions” means such provisions as relate to the detention or release of persons and are amended or repealed by this Act, as they had effect immediately before such amendment or repeal F1except that an amendment or repeal effected by any amendment shall apply for the purposes of the existing provisions if expressly stated to do so;
“new provisions” means sections 1 to 21 and 27 of this Act (together with the provisions of the F21995 Act and of the M1Mental Health (Scotland) Act 1984 which so relate and are so amended F3by this ActF4and 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 1997F5and section 33 of the Criminal Justice (Scotland) Act 2003 (asp 7));
“existing child detainee” means any child (“child” having the meaning assigned to that expression by F6section 93(2)(b) of the Children (Scotland) Act 1995) who, at the relevant date, is detained under section 206 of the F21995 Act other than without limit of time or is detained in residential care by virtue of section 413 of the F21995 Act;
“existing licensee” means any person who, before the relevant date, has been released on licence under the 1989 Act;
“existing life prisoner” means any person F7(other than a transferred life prisoner) who, at the relevant date, is serving—
- a
a sentence of imprisonment for life;
- b
a sentence of detention without limit of time or for life under section 205 of the F21995 Act;
- c
a sentence of detention without limit of time under section 206 of that Act; or
- d
a period of detention without limit of time or for life under section 207(2) of that Act;
- a
“existing prisoner” means any person who, at the relevant date, is serving—
- a
a sentence of imprisonment; or
- b
a sentence of detention in a young offenders institution; and
- a
“relevant date” means the date of commencement of the new provisions.
Sch. 6 amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 70(1); S.I. 1998/2327, art. 2(1)(y)(2)(u)
Sch. 6 modified (retrospectively) by 1984 c. 47, s. 3(7), Sch. para. 2(4) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 6(1)(2); S.I. 1997/2200, art. 2(1)(h))
Sch. 6 modified (retrospectively)) by 1984 c. 47, s. 3(7), Sch. para. 2(4) (as substituted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 7(1)(2); S.I. 1997/2200, art. 2(1)(h))
Sch. 6: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(2), Sch. 3 Pt. I paras. 5-8, Pt. III para. 10(3)
Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)-(4), Sch. 5 paras. 11(1)-(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)
Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))