SCHEDULES
F1SCHEDULE 1
Part I Referral back to appropriate court
Introductory
1
1
This Part of this Schedule applies where a youth offender panel refers an offender back to the appropriate court under section 7(2), 10(2) or (3), 11(5), (8) or (10) or 12(4).
2
For the purposes of this Part of this Schedule and the provisions mentioned in sub-paragraph (1) the appropriate court is—
a
in the case of an offender under the age of 18 at the time when (in pursuance of the referral back) he first appears before the court, a youth court acting for the petty sessions area in which it appears to the youth offender panel that the offender resides or will reside; and
b
otherwise, a magistrates’ court (other than a youth court) acting for that area.
Mode of referral back to court
2
The panel shall make the referral by sending a report to the appropriate court explaining why the offender is being referred back to it.
Bringing the offender before the court
3
1
Where the appropriate court receives such a report, the court shall cause the offender to appear before it.
2
For the purpose of securing the attendance of the offender before the court, a justice acting for the petty sessions area for which the court acts may—
a
issue a summons requiring the offender to appear at the place and time specified in it, or
b
if the report is substantiated on oath, issue a warrant for the offender’s arrest.
3
Any summons or warrant issued under sub-paragraph (2) shall direct the offender to appear or be brought before the appropriate court.
4
Detention and remand of arrested offender
4
1
Where the offender is arrested in pursuance of a warrant under paragraph 3(2) and cannot be brought immediately before the appropriate court—
a
the person in whose custody he is may make arrangements for his detention in a place of safety (within the meaning given by section 107(1) of the M67Children and Young Persons Act 1933) for a period of not more than 72 hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and
b
that person shall within that period bring him before a court which—
i
if he is under the age of 18 when he is brought before the court, shall be a youth court, and
ii
if he has then attained that age, shall be a magistrates’ court other than a youth court.
2
Sub-paragraphs (3) to (5) apply where the court before which the offender is brought under sub-paragraph (1)(b) (“the alternative court”) is not the appropriate court.
3
The alternative court may direct that he is to be released forthwith or remand him.
4
Section 128 of the M68Magistrates’ Courts Act 1980 (remand in custody or on bail) shall have effect where the alternative court has power under sub-paragraph (3) to remand the offender as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.
5
That section shall have effect where the alternative court has power to so remand him, or the appropriate court has (by virtue of sub-paragraph (4)) power to further remand him, as if in subsection (1) there were inserted after paragraph (c)
or
d
if he is under the age of 18, remand him to accommodation provided by or on behalf of a local authority (within the meaning of the M69Children Act 1989) and, if it does so, shall designate as the authority who are to receive him the local authority for the area in which it appears to the court that he resides or will reside;
Power of court where it upholds panel’s decision
5
1
If it is proved to the satisfaction of the appropriate court as regards any decision of the panel which resulted in the offender being referred back to the court—
a
that, so far as the decision relied on any finding of fact by the panel, the panel was entitled to make that finding in the circumstances, and
b
that, so far as the decision involved any exercise of discretion by the panel, the panel reasonably exercised that discretion in the circumstances,
the court may exercise the power conferred by sub-paragraph (2).
2
That power is a power to revoke the referral order (or each of the referral orders).
3
The revocation under sub-paragraph (2) of a referral order has the effect of revoking any related order under paragraph 11 or 12.
4
Where any order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may deal with the offender in accordance with sub-paragraph (5) for the offence in respect of which the revoked order was made.
5
In so dealing with the offender for such an offence, the appropriate court—
a
may deal with him in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order; and
b
shall have regard to—
i
the circumstances of his referral back to the court; and
ii
where a contract has taken effect under section 8 between the offender and the panel, the extent of his compliance with the terms of the contract.
6
The appropriate court may not exercise the powers conferred by sub-paragraph (2) or (4) unless the offender is present before it; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).
F137
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Appeal
6
Where the court in exercise of the power conferred by paragraph 5(4) deals with the offender for an offence, the offender may appeal to the Crown Court against the sentence.
Court not revoking referral order or orders
7
1
This paragraph applies—
a
where the appropriate court decides that the matters mentioned in paragraphs (a) and (b) of paragraph 5(1) have not been proved to its satisfaction; or
b
where, although by virtue of paragraph 5(1) the appropriate court—
i
is able to exercise the power conferred by paragraph 5(2), or
ii
would be able to do so if the offender were present before it,
the court (for any reason) decides not to exercise that power.
2
If either—
a
no contract has taken effect under section 8 between the offender and the panel, or
b
a contract has taken effect under that section but the period for which it has effect has not expired,
the offender shall continue to remain subject to the referral order (or orders) in all respects as if he had not been referred back to the court.
3
If—
a
a contract had taken effect under section 8, but
b
the period for which it has effect has expired (otherwise than by virtue of section 9(6)),
the court shall make an order declaring that the referral order (or each of the referral orders) is discharged.
Exception where court satisfied as to completion of contract
8
If, in a case where the offender is referred back to the court under section 12(4), the court decides (contrary to the decision of the panel) that the offender’s compliance with the terms of the contract has, or will have, been such as to justify the conclusion that he has satisfactorily completed the contract, the court shall make an order declaring that the referral order (or each of the referral orders) is discharged.
Discharge of extension orders
9
The discharge under paragraph 7(3) or 8 of a referral order has the effect of discharging any related order under paragraph 11 or 12.
Part II Further convictions during referral
Extension of referral for further offences
10
1
Paragraphs 11 and 12 apply where, at a time when an offender under the age of 18 is subject to referral, a youth court or other magistrates’ court (“the relevant court”) is dealing with him for an offence in relation to which paragraphs (a) to (c) of section 1(1) are applicable.
2
But paragraphs 11 and 12 do not apply unless the offender’s compliance period is less than 12 months.
Extension where further offences committed pre-referral
11
If—
a
the occasion on which the offender was referred to the panel is the only other occasion on which it has fallen to a court in the United Kingdom to deal with the offender for any offence or offences, and
b
the offender committed the offence mentioned in paragraph 10, and any associated offence, before he was referred to the panel,
the relevant court may sentence the offender for the offence by making an order extending his compliance period.
Extension where further offence committed after referral
12
1
If—
a
paragraph 11(a) applies, but
b
the offender committed the offence mentioned in paragraph 10, or any associated offence, after he was referred to the panel,
the relevant court may sentence the offender for the offence by making an order extending his compliance period, but only if the requirements of sub-paragraph (2) are complied with.
2
Those requirements are that the court must—
a
be satisfied, on the basis of a report made to it by the relevant body, that there are exceptional circumstances which indicate that, even though the offender has re-offended since being referred to the panel, extending his compliance period is likely to help prevent further re-offending by him; and
b
state in open court that it is so satisfied and why it is.
3
In sub-paragraph (2) “the relevant body” means the panel to which the offender has been referred or, if no contract has yet taken effect between the offender and the panel under section 8, the specified team.
Provisions supplementary to paragraphs 11 and 12
13
1
An order under paragraph 11 or 12, or two or more orders under one or other of those paragraphs made in respect of associated offences, must not so extend the offender’s compliance period as to cause it to exceed twelve months.
2
Sub-paragraphs (3) to (5) apply where the relevant court makes an order under paragraph 11 or 12 in respect of the offence mentioned in paragraph 10; but sub-paragraphs (3) to (5) do not affect the exercise of any power to deal with the offender conferred by paragraph 5 or 14.
3
The relevant court may not deal with the offender for that offence in any of the prohibited ways specified in section 4(4).
4
The relevant court—
a
shall, in respect of any associated offence, either—
i
sentence the offender by making an order under the same paragraph, or
ii
make an order discharging him absolutely; and
b
may not deal with the offender for any associated offence in any of those prohibited ways.
5
The relevant court may not, in connection with the conviction of the offender for the offence or any associated offence, make any such order as is mentioned in section 4(5).
6
For the purposes of paragraphs 11 and 12 any occasion on which the offender was discharged absolutely in respect of the offence, or each of the offences, for which he was being dealt with shall be disregarded.
7
Any occasion on which, in criminal proceedings in England and Wales or Northern Ireland, the offender was bound over to keep the peace or to be of good behaviour shall be regarded for those purposes as an occasion on which it fell to a court in the United Kingdom to deal with the offender for an offence.
8
The Secretary of State may by regulations make such amendments of paragraphs 10 to 12 and this paragraph as he considers appropriate for altering in any way the descriptions of offenders in the case of which an order extending the compliance period may be made; and subsection (4) of section 2 shall apply in relation to regulations under this sub-paragraph as it applies in relation to regulations under subsection (3) of that section.
Further convictions which lead to revocation of referral
14
1
This paragraph applies where, at a time when an offender is subject to referral, a court in England and Wales deals with him for an offence (whether committed before or after he was referred to the panel) by making an order other than—
a
an order under paragraph 11 or 12, or
b
an order discharging him absolutely.
2
In such a case the order of the court shall have the effect of revoking—
a
the referral order (or orders), and
b
any related order or orders under paragraph 11 or 12.
3
Where any order is revoked by virtue of sub-paragraph (2), the court may, if appears to the court that it would be in the interests of justice to do so, deal with the offender for the offence in respect of which the revoked order was made in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order.
4
When dealing with the offender under sub-paragraph (3) the court shall, where a contract has taken effect between the offender and the panel under section 8, have regard to the extent of his compliance with the terms of the contract.
F145
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Interpretation
15
1
For the purposes of this Part of this Schedule an offender is for the time being subject to referral if—
a
a referral order has been made in respect of him and that order has not, or
b
two or more referral orders have been made in respect of him and any of those orders has not,
been discharged (whether by virtue of section 12(3) or under paragraph 7(3) or 8) or revoked (whether under paragraph 5(2) or by virtue of paragraph 14(2)).
2
In this Part of this Schedule “compliance period”, in relation to an offender who is for the time being subject to referral, means the period for which (in accordance with section 9) any youth offender contract taking effect in his case under section 8 has (or would have) effect.
SCHEDULE 2 Reporting restrictions: miscellaneous amendments
Children and Young Persons Act 1933 (c.12)
1
The Children and Young Persons Act 1933 has effect subject to the following amendments.
F162
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3
1
Section 49 (restrictions on reports of proceedings in which children or young persons concerned) is amended as follows.
2
For subsection (1) substitute—
1
No matter relating to any child or young person concerned in proceedings to which this section applies shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as someone concerned in the proceedings.
3
For subsection (3) substitute—
3
In this section “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings.
3A
The matters relating to a person in relation to which the restrictions imposed by subsection (1) above apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—
a
his name,
b
his address,
c
the identity of any school or other educational establishment attended by him,
d
the identity of any place of work, and
e
any still or moving picture of him.
4
In subsection (4), for the words from “whether as being” onwards substitute
if he is—
a
a person against or in respect of whom the proceedings are taken, or
b
a person called, or proposed to be called, to give evidence in the proceedings.
5
In subsection (4A), for “requirements of this section” substitute “
restrictions imposed by subsection (1) above
”
.
6
In subsection (8), after “subsection” insert “
(4A) or
”
.
7
For subsection (9) substitute—
9
If a publication includes any matter in contravention of subsection (1) above, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—
a
where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;
b
where the publication is a relevant programme—
i
any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and
ii
any person having functions in relation to the programme corresponding to those of an editor of a newspaper;
c
in the case of any other publication, any person publishing it.
9A
Where a person is charged with an offence under subsection (9) above it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question.
9B
If an offence under subsection (9) above committed by a body corporate is proved—
a
to have been committed with the consent or connivance of, or
b
to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
9C
In subsection (9B) above “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
9D
If the affairs of a body corporate are managed by its members, “director” in subsection (9C) above means a member of that body.
9E
Where an offence under subsection (9) above is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
8
In subsection (11), for the definition of “programme” and “programme service” substitute—
“picture” includes a likeness however produced;
“relevant programme” means a programme included in a programme service, within the meaning of the M1Broadcasting Act 1990;
9
After subsection (11) insert—
12
This section extends to England and Wales, Scotland and Northern Ireland, but no reference in this section to any court includes a court in Scotland.
13
In its application to Northern Ireland, this section has effect as if—
a
in subsection (1) for the reference to the age of 18 there were substituted a reference to the age of 17;
b
subsection (2)(c) and (d) were omitted;
c
in subsection (4A)—
i
ii
in paragraph (e) for the references to a detention and training order and to F3section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 there were substituted references to a juvenile justice centre order and to Article 40(2) of the M3Criminal Justice (Children) (Northern Ireland) Order 1998;
d
in subsection (5) for references to a court (other than the reference in paragraph (b)) there were substituted references to a court or the Secretary of State;
e
in subsection (7)—
i
for the references to the Director of Public Prosecutions there were substituted references to the Director of Public Prosecutions for Northern Ireland; and
ii
in paragraph (b) for the reference to any legal representative of the child or young person there were substituted a reference to any barrister or solicitor acting for the child or young person;
f
subsections (8) and (10) were omitted; and
14
References in this section to a young person concerned in proceedings are, where the proceedings are in a court in Northern Ireland, to a person who has attained the age of 14 but is under the age of 17.
10
The amendments made by this paragraph do not apply to the inclusion of matter in a publication if—
a
where the publication is a relevant programme, it is transmitted, or
b
in the case of any other publication, it is published,
before the coming into force of this paragraph.
Sexual Offences (Amendment) Act 1976 (c.82)
4
1
The Sexual Offences (Amendment) Act 1976 has effect subject to the following amendments.
2
Omit sections 4 and 5 (which provide for the anonymity of complainants in rape etc. cases and are superseded by the amendments made by this Schedule to the M5Sexual Offences (Amendment) Act 1992).
3
In section 7(6) (extent), for the words after “Scotland” substitute “
or Northern Ireland.
”
Sexual Offences (Northern Ireland) Order 1978 (N.I.15)
5
In the M6Sexual Offences (Northern Ireland) Order 1978, omit Articles 6 and 7 (which provide for the anonymity of complainants in rape offence cases and are superseded by the amendments made by this Schedule to the Sexual Offences (Amendment) Act 1992).
Sexual Offences (Amendment) Act 1992 (c.34)
6
The Sexual Offences (Amendment) Act 1992 has effect subject to the following amendments.
7
1
Section 1 (anonymity of victims of certain sexual offences) is amended as follows.
2
In subsection (1), for the words from “neither the name” to the end of paragraph (b) substitute “
no matter relating to that person shall during that person’s lifetime be included in any publication
”
.
3
In subsection (2), for the words after “complainant’s lifetime” substitute “
be included in any publication.
”
4
For subsection (3) substitute—
3
This section—
a
does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence, and
b
in its application in relation to a person by virtue of subsection (2), has effect subject to any direction given under section 3.
3A
The matters relating to a person in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—
a
the person’s name,
b
the person’s address,
c
the identity of any school or other educational establishment attended by the person,
d
the identity of any place of work, and
e
any still or moving picture of the person.
5
In subsection (4), for “publication or inclusion in a relevant programme” substitute “
inclusion in a publication
”
.
8
1
Section 2 (offences to which Act applies) is amended as follows.
2
In subsection (1), after “This Act applies to the following offences” insert
against the law of England and Wales—
aa
rape;
ab
burglary with intent to rape;
3
In subsection (1)(e), for “(a)” substitute “
(aa)
”
.
4
In subsection (1), after paragraph (g) insert—
h
aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (aa) to (e) and (g);
5
In subsection (2), after paragraph (m) insert—
n
section 17 (abduction of woman by force).
6
After subsection (2) insert—
3
This Act applies to the following offences against the law of Northern Ireland—
a
rape;
b
burglary with intent to rape;
c
any offence under any of the following provisions of the M7Offences against the Person Act 1861—
i
section 52 (indecent assault on a female);
ii
section 53 so far as it relates to abduction of a woman against her will;
iii
section 61 (buggery);
iv
section 62 (attempt to commit buggery, assault with intent to commit buggery or indecent assault on a male);
d
any offence under any of the following provisions of the M8Criminal Law Amendment Act 1885—
i
section 3 (procuring unlawful carnal knowledge of woman by threats, false pretences or administering drugs);
ii
section 4 (unlawful carnal knowledge, or attempted unlawful carnal knowledge, of a girl under 14);
iii
section 5 (unlawful carnal knowledge of a girl under 17);
e
any offence under any of the following provisions of the M9Punishment of Incest Act 1908—
i
section 1 (incest, attempted incest by males);
ii
section 2 (incest by females over 16);
f
any offence under section 22 of the M10Children and Young Persons Act (Northern Ireland) 1968 (indecent conduct towards child);
g
any offence under Article 9 of the M11Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse);
h
any offence under any of the following provisions of the M12Mental Health (Northern Ireland) Order 1986—
i
Article 122(1)(a) (unlawful sexual intercourse with a woman suffering from severe mental handicap);
ii
Article 122(1)(b) (procuring a woman suffering from severe mental handicap to have unlawful sexual intercourse);
iii
Article 123 (unlawful sexual intercourse by hospital staff, etc. with a person receiving treatment for mental disorder);
i
any attempt to commit any of the offences mentioned in paragraphs (a) to (h);
j
any conspiracy to commit any of those offences;
k
any incitement of another to commit any of those offences;
l
aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (a) to (i) and (k).
9
1
Section 3 (power to displace reporting restrictions under section 1) is amended as follows.
2
In subsection (6)(b) (meaning of “judge”), after “Crown Court” insert “
in England and Wales.
”
3
After subsection (6) insert—
6A
In its application to Northern Ireland, this section has effect as if—
a
in subsections (1) and (2) for any reference to the judge there were substituted a reference to the court; and
b
subsection (6) were omitted.
10
In section 4 (special rules for cases of incest or buggery), after subsection (7) insert—
8
In its application to Northern Ireland, this section has effect as if—
a
subsection (1) were omitted;
b
for references to a section 10 offence there were substituted references to an offence under section 1 of the M13Punishment of Incest Act 1908 (incest by a man) or an attempt to commit that offence;
c
for references to a section 11 offence there were substituted references to an offence under section 2 of that Act (incest by a woman) or an attempt to commit that offence; and
d
for references to a section 12 offence there were substituted references to an offence under section 61 of the M14Offences against the Person Act 1861 (buggery) or an attempt to commit that offence.
11
1
Section 5 (offences) is amended as follows.
2
For subsection (1) substitute—
1
If any matter is included in a publication in contravention of section 1, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—
a
where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;
b
where the publication is a relevant programme—
i
any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and
ii
any person having functions in relation to the programme corresponding to those of an editor of a newspaper;
c
in the case of any other publication, any person publishing it.
3
In subsection (2) (defence where victim consented to publication)—
a
for “publication of any matter or the inclusion of any matter in a relevant programme” substitute “
inclusion of any matter in a publication
”
, and
b
omit “or programme”.
4
In subsection (3) (cases where written consent not a defence), at the end insert “
, or that person was under the age of 16 at the time when it was given.
”
5
In subsection (4) (Attorney General’s consent to prosecution), at the end insert “
if the offence is alleged to have been committed in England and Wales or of the Attorney General for Northern Ireland if the offence is alleged to have been committed in Northern Ireland.
”
6
In subsection (5) (defence for person unaware of inclusion of prohibited matter), for the words from “or programme” onwards substitute “
included the matter in question.
”
7
After subsection (5) insert—
5A
Where—
a
a person is charged with an offence under this section, and
b
the offence relates to the inclusion of any matter in a publication in contravention of section 1(1),
it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.
8
After subsection (7) insert—
8
Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
12
1
Section 6 (interpretation) is amended as follows.
2
In subsection (1), omit the definition of “written publication” (and the word “and” preceding it) and after the definition of “picture” insert—
“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;
3
In subsection (2A) (victims of conspiracy etc.), for the words from “accusation that” to “committed, the” substitute
accusation—
a
that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to (h) has been committed, or
b
that an offence of aiding, abetting, counselling or procuring the commission of an offence of incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to (h) has been committed,
the
4
In subsection (3) (time when person is accused of an offence), in paragraph (a) after “is laid” insert “
, or (in Northern Ireland) a complaint is made,
”
.
13
1
Section 7 (application of Act to courts-martial) is amended as follows.
2
In subsection (1) (Act to apply with modifications where in pursuance of armed forces law a person is charged with an offence to which the Act applies), after “applies” insert “
by virtue of section 2(1)
”
.
3
In subsection (2) (modifications with which Act applies to courts-martial)—
a
omit paragraph (b);
b
for paragraph (c) substitute—
c
in section 3(1) any reference to a judge, in relation to the person charged with the offence, shall be read as a reference to the judge advocate appointed to conduct proceedings under section 3(1) relating to the offence (whether or not also appointed to conduct other preliminary proceedings relating to the offence);
c
in paragraph (d), for “court” substitute “
judge advocate appointed to be a member of the court-martial
”
; and
d
omit paragraph (e) except for the word “and” at the end.
14
For section 8(6) and (7) (application of Act to Scotland and to Northern Ireland) substitute—
6
This Act extends to England and Wales, Scotland and Northern Ireland.
7
This Act, so far as it relates to proceedings before a court-martial or the Courts-Martial Appeal Court, applies to such proceedings wherever they may take place (whether in the United Kingdom or elsewhere).
Criminal Justice (Northern Ireland) Order 1994 (N.I.15)
15
SCHEDULE 3 Restriction on use of answers etc. obtained under compulsion
Insurance Companies Act 1982 (c.50)
I11
The Insurance Companies Act 1982 is amended as follows.
I22
In section 43A (general investigations into insurance companies), after subsection (5) (use of statements made under the section) add—
6
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
7
Subsection (6) above applies to any offence other than—
a
an offence under section 71(1)(b) or (3) below;
b
an offence under section 5 of the M17Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of the M18Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
an offence under Article 10 of the M19Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
I33
In section 44 (obtaining information and documents from companies), after subsection (5) (use of statements made under the section) insert—
5A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
5B
Subsection (5A) above applies to any offence other than—
a
an offence under section 71(1)(b), (3) or (4) below;
b
an offence under section 5 of the M20Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of the M21Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
an offence under Article 10 of the M22Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
Companies Act 1985 (c.6)
I44
The Companies Act 1985 is amended as follows.
I55
In section 434 (production of documents and evidence to inspectors conducting investigations into companies), after subsection (5) (use of answers given to inspectors) insert—
5A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the answer may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
5B
Subsection (5A) applies to any offence other than—
a
an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or
b
an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath).
I66
In section 447 (production of company documents to Secretary of State), after subsection (8) (use of statements made under the section) insert—
8A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
8B
Subsection (8A) applies to any offence other than—
a
an offence under subsection (6) or section 451;
b
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
c
an offence under section 44(2) of the M23Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).
Insolvency Act 1986 (c.45)
I77
1
Section 433 of the Insolvency Act 1986 (admissibility in evidence of statements of affairs etc.) is amended as follows.
2
That section is renumbered as subsection (1) of that section.
3
After that subsection insert—
2
However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
3
Subsection (2) applies to any offence other than—
a
an offence under section 22(6), 47(6), 48(8), 66(6), 67(8), 95(8), 98(6), 99(3)(a), 131(7), 192(2), 208(1)(a) or (d) or (2), 210, 235(5), 353(1), 354(1)(b) or (3) or 356(1) or (2)(a) or (b) or paragraph 4(3)(a) of Schedule 7;
b
an offence which is—
i
created by rules made under this Act, and
ii
designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
c
an offence which is—
i
created by regulations made under any such rules, and
ii
designated for the purposes of this subsection by such regulations;
d
an offence under section 1, 2 or 5 of the M24Perjury Act 1911 (false statements made on oath or made otherwise than on oath); or
e
an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath).
4
Regulations under subsection (3)(b)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.
Company Directors Disqualification Act 1986 (c.46)
I88
1
Section 20 of the Company Directors Disqualification Act 1986 (admissibility in evidence of statements) is amended as follows.
2
That section is renumbered as subsection (1) of that section.
3
After that subsection insert—
2
However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
3
Subsection (2) applies to any offence other than—
a
an offence which is—
i
created by rules made for the purposes of this Act under the Insolvency Act, and
ii
designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
b
an offence which is—
i
created by regulations made under any such rules, and
ii
designated for the purposes of this subsection by such regulations;
c
an offence under section 5 of the M25Perjury Act 1911 (false statements made otherwise than on oath); or
d
an offence under section 44(2) of the M26Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).
4
Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.
Building Societies Act 1986 (c.53)
I99
In section 57 of the Building Societies Act 1986 (use of answers given to inspectors conducting investigations into building societies), after subsection (5) (use of answers given to inspectors) insert—
5A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the answer may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
5B
Subsection (5A) above applies to any offence other than—
a
an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);
b
an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or
c
an offence under Article 7 or 10 of the M27Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).
Financial Services Act 1986 (c.60)
I1010
The Financial Services Act 1986 is amended as follows.
I1111
In section 105 (powers of Secretary of State to investigate affairs of person carrying on investment business), after subsection (5) (use of statements made under the section) insert—
5A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
5B
Subsection (5A) above applies to any offence other than—
a
an offence under subsection (10) or section 200(1) below;
b
an offence under section 5 of the M28Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of the M29Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
an offence under Article 10 of the M30Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
I1212
In section 177 (investigations into insider dealing), after subsection (6) (use of statements made under the section) insert—
6A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
6B
Subsection (6A) above applies to any offence other than—
a
an offence under section 200(1) below;
b
an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);
c
an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or
d
an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).
Companies (Northern Ireland) Order 1986 (N.I.6)
13
The M31Companies (Northern Ireland) Order 1986 is amended as follows.
14
In Article 427 (production of documents and evidence to inspectors conducting investigations into companies), after paragraph (5) (use of answers given to inspectors) insert—
5A
However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies—
a
no evidence relating to the answer may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
5B
Paragraph (5A) applies to any offence other than an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).
15
In Article 440 (production of company documents to Department), after paragraph (8) (use of statements made under the Article) insert—
8A
However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
8B
Paragraph (8A) applies to any offence other than—
a
an offence under paragraph (6) or Article 444; or
b
an offence under Article 10 of the M32Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
Banking Act 1987 (c.22)
I1316
The Banking Act 1987 is amended as follows.
I1417
In section 39 (power of Financial Services Authority to obtain information etc. from authorised institutions), after subsection (12) (use of statements made under the section) insert—
12A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
12B
Subsection (12A) above applies to any offence other than—
a
an offence under subsection (11) above or section 94(1)(a) below;
b
an offence under section 5 of the M33Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of M34the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
I1518
In section 41 (investigations into authorised institutions by Financial Services Authority), after subsection (10) (use of statements made under the section) insert—
10A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
10B
Subsection (10A) above applies to any offence other than—
a
an offence under subsection (9)(c) above or section 94(4) below;
b
an offence under section 5 of the M35Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of the M36Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
an offence under Article 10 of the M37Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
I1619
In section 42 (investigations by Financial Services Authority into suspected contraventions of sections 3 and 35), after subsection (5) (use of statements made under the section) insert—
5A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
5B
Subsection (5A) above applies to any offence other than—
a
an offence under subsection (4) above or section 94(1)(a) below;
b
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
Criminal Justice Act 1987 (c.38)
I1720
After subsection (8) of section 2 of the Criminal Justice Act 1987 (use of statements made in response to requirements imposed by the Director of the Serious Fraud Office) insert—
8AA
However, the statement may not be used against that person by virtue of paragraph (b) of subsection (8) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
Companies Act 1989 (c.40)
I1821
In section 83 (powers exercisable for purposes of assisting an overseas regulatory authority), after subsection (6) (use of statements made under the section) insert—
6A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
6B
Subsection (6A) applies to any offence other than—
a
an offence under section 85;
b
an offence under section 2 or 5 of the M38Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);
c
an offence under section 44(1) or (2) of the M39Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or
d
an offence under Article 7 or 10 of the M40Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).
Companies (Northern Ireland) Order 1989 (N.I.18)
22
1
Article 23 of the M41Companies (Northern Ireland) Order 1989 (admissibility in evidence of statements) is amended as follows.
2
That Article is renumbered as paragraph (1) of that Article.
3
After that paragraph insert—
2
However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
3
Paragraph (2) applies to any offence other than—
a
an offence which is—
i
created by rules made for the purposes of this Order under the Insolvency Order, and
ii
designated for the purposes of this paragraph by such rules or by regulations;
b
an offence which is—
i
created by regulations made under any such rules, and
ii
designated for the purposes of this paragraph by such regulations; or
c
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
4
Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly.
Insolvency (Northern Ireland) Order 1989 (N.I.19)
23
1
Article 375 of the M42Insolvency (Northern Ireland) Order 1989 (admissibility in evidence of statements of affairs etc.) is amended as follows.
2
That Article is renumbered as paragraph (1) of that Article.
3
After that paragraph insert—
2
However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
3
Paragraph (2) applies to any offence other than—
a
an offence under Article 34(6), 57(6), 58(8), 81(7), 84(5), 85(3)(a), 111(7), 162(2), 172(1)(a) or (d) or (2), 174, 199(5), 324(1), 325(1)(b) or (5) or 327(1) or (3)(a) or (b);
b
an offence which is—
i
created by rules made under this Order, and
ii
designated for the purposes of this paragraph by such rules or by regulations;
c
an offence which is—
i
created by regulations made under any such rules, and
ii
designated for the purposes of this paragraph by such regulations; or
d
an offence under Article 3, 7 or 10 of the M43Perjury (Northern Ireland) Order 1979 (false statements made on oath or made otherwise than on oath).
4
Regulations under paragraph (3)(b)(ii) shall after being made be laid before the Assembly.
Friendly Societies Act 1992 (c.40)
I1924
In section 67 of the Friendly Societies Act 1992 (supplementary provisions about inspections carried out at the behest of the Friendly Societies Commission), after subsection (5) (use of statements made under the section) insert—
5A
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
a
no evidence relating to the statement may be adduced, and
b
no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
5B
Subsection (5A) above applies to any offence other than—
a
an offence under section 2 or 5 of the M44Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);
b
an offence under section 44(1) or (2) of the M45Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or
c
an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).
Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)
25
After subsection (5) of section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 (use of statements made in response to requirements imposed by a nominated officer) insert—
5A
However, the statement may not be used against that person by virtue of paragraph (b) of subsection (5) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
Proceeds of Crime (Northern Ireland) Order 1996 (N.I.9)
26
In paragraph 6 of Schedule 2 to the M70Proceeds of Crime (Northern Ireland) Order 1996 (admissibility of evidence), for sub-paragraph (b) substitute—
b
on his prosecution for some other offence where evidence relating to any such answer or information is adduced, or a question relating to it is asked, by or on behalf of that person; or
SCHEDULE 4 Minor and consequential amendments
Criminal Evidence Act 1898 (c.36)
I201
1
Section 1 of the Criminal Evidence Act 1898 (competence of accused as witness for the defence) is amended as follows.
2
Omit the words from the beginning to “Provided as follows:—”.
3
In paragraph (a) of the proviso—
a
for “so charged” substitute “
charged in criminal proceedings
”
; and
b
for “in pursuance of this Act” substitute “
in the proceedings
”
.
4
In paragraph (e) of the proviso—
a
for “and being a witness in pursuance of this Act” substitute “
in criminal proceedings who is called as a witness in the proceedings
”
; and
b
for “the offence charged” substitute “
any offence with which he is charged in the proceedings
”
.
5
In paragraph (f) of the proviso—
a
for “and called as a witness in pursuance of this Act” substitute “
in criminal proceedings who is called as a witness in the proceedings
”
;
b
for “that wherewith” substitute “
one with which
”
; and
c
in sub-paragraph (i), for “the offence wherewith” substitute “
an offence with which
”
.
6
In paragraph (g) of the proviso, for “called as a witness in pursuance of this Act” substitute “
charged in criminal proceedings who is called as a witness in the proceedings
”
.
7
Paragraphs (a), (e), (f) and (g) of the proviso shall be respectively numbered as subsections (1), (2), (3) and (4) of the section.
Children and Young Persons Act 1933 (c.12)
2
1
The Children and Young Persons Act 1933 has effect subject to the following amendments.
2
In section 37(1) (power to clear court, where child or young person giving evidence, of persons other than bona fide representatives of newspapers or news agencies), for “newspaper or news agency” substitute “
news gathering or reporting organisation
”
.
3
In section 47(2)(c) (bona fide representatives of newspapers or news agencies entitled to be present at sitting of youth court), for “newspapers or news agencies” substitute “
news gathering or reporting organisations
”
.
Children and Young Persons Act 1963 (c.37)
3
In section 57(3) of the M46Children and Young Persons Act 1963 (which provides for sections 39 and 49 of the Children and Young Persons Act 1933 to extend to Scotland), for “sections 39 and 49”, in both places, substitute “
section 39
”
.
Criminal Appeal Act 1968 (c.19)
4
1
The Criminal Appeal Act 1968 has effect subject to the following amendments.
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Children and Young Persons Act 1969 (c.54)
F65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c.53)
6
1
Section 5 of the Rehabilitation of Offenders Act 1974 is amended as follows.
2
In Table A in subsection (2), in the entry relating to fines or other sentences subject to rehabilitation under that Act, for “, (4A) to (8)” substitute “
to (8)
”
.
3
After subsection (4A) insert—
4B
Where in respect of a conviction a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) is made in respect of the person convicted, the rehabilitation period applicable to the sentence shall be—
a
if a youth offender contract takes effect under section 8 of that Act between him and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with section 9 of that Act) the contract ceases to have effect;
b
if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which such a contract would (ignoring any order under paragraph 11 or 12 of Schedule 1 to that Act) have had effect had one so taken effect.
4C
Where in respect of a conviction an order is made in respect of the person convicted under paragraph 11 or 12 of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (extension of period for which youth offender contract has effect), the rehabilitation period applicable to the sentence shall be—
a
if a youth offender contract takes effect under section 8 of that Act between the offender and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with section 9 of that Act) the contract ceases to have effect;
b
if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which, in accordance with the order, such a contract would have had effect had one so taken effect.
Magistrates’ Courts Act 1980 (c.43)
7
The Magistrates’ Courts Act 1980 has effect subject to the following amendments.
8
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In section 126 (execution of warrants in Channel Islands and Isle of Man under section 13 of the Indictable Offences Act 1848), after paragraph (e) insert
and
f
warrants of arrest issued under paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (offender referred to court by youth offender panel).
Criminal Justice Act 1982 (c.48)
10
In section 72(1) of the Criminal Justice Act 1982 (accused to give evidence on oath), after “if he gives evidence, he shall do so” insert “
(subject to sections 55 and 56 of the Youth Justice and Criminal Evidence Act 1999)
”
.
Mental Health Act 1983 (c.20)
11
In section 37(8) of the Mental Health Act 1983 (combining hospital and guardianship orders with other orders), for the words from “shall not” to “which the court” substitute
shall not—
a
pass sentence of imprisonment or impose a fine or make a probation order in respect of the offence,
b
if the order under this section is a hospital order, make a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) in respect of the offence, or
c
but the court may make any other order which it
Police and Criminal Evidence Act 1984 (c.33)
12
The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.
13
1
Section 80 (competence and compellability of accused’s spouse) is amended as follows.
2
Omit subsections (1) and (8).
3
For subsections (2) to (4) substitute—
2
In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.
2A
In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—
a
to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or
b
to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.
3
In relation to the wife or husband of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—
a
it involves an assault on, or injury or a threat of injury to, the wife or husband or a person who was at the material time under the age of 16;
b
it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or
c
it consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above.
4
No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.
4A
References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).
4
In subsection (5), omit “competent and” and, in the side-note, omit “Competence and”.
14
After section 80 insert—
80A Rule where accused’s spouse not compellable.
The failure of the wife or husband of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution.
Criminal Justice Act 1988 (c.33)
15
The Criminal Justice Act 1988 has effect subject to the following amendments.
16
In subsection (1) of each of sections 23 and 24 (first-hand hearsay; business etc. documents), at the end of paragraph (a) insert “
and
”
.
17
In section 34(3) (unsworn evidence may corroborate other evidence), for “section 52 of the Criminal Justice Act 1991” substitute “
section 56 of the Youth Justice and Criminal Evidence Act 1999
”
.
Companies (Northern Ireland) Order 1989 (N.I.18)
F15F1718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insolvency (Northern Ireland) Order 1989 (N.I.19)
19
In Article 2(2) of the M51Insolvency (Northern Ireland) Order 1989 (interpretation), in the definition of “regulations” for “Article 359(5)” substitute “
Articles 359(5) and 375(3)(b)(ii)
”
.
Criminal Justice Act 1991 (c.53)
F820
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice and Public Order Act 1994 (c.33)
21
The Criminal Justice and Public Order Act 1994 has effect subject to the following amendments.
22
1
Section 51 (intimidation etc. of witnesses, jurors and others) is amended as follows.
2
For subsections (1) to (3) (offences of intimidating, and of doing or threatening harm to, witnesses etc.) substitute—
1
A person commits an offence if—
a
he does an act which intimidates, and is intended to intimidate, another person (“the victim”),
b
he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, and
c
he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.
2
A person commits an offence if—
a
he does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other person,
b
he does or threatens to do the act knowing or believing that the person harmed or threatened to be harmed (“the victim”), or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence, and
c
he does or threatens to do it because of that knowledge or belief.
3
For the purposes of subsections (1) and (2) it is immaterial that the act is or would be done, or that the threat is made—
a
otherwise than in the presence of the victim, or
b
to a person other than the victim.
3
In subsection (8) (presumption in proceedings for offence under subsection (2))—
a
for “he did or threatened to do an act falling within paragraph (a) within the relevant period” substitute
within the relevant period—
a
he did an act which harmed, and was intended to harm, another person, or
b
intending to cause another person fear of harm, he threatened to do an act which would harm that other person,
and that he did the act, or (as the case may be) threatened to do the act,
b
after “to have done the act” insert “
or (as the case may be) threatened to do the act
”
.
23
In section 136 (cross-border execution of arrest warrants), after subsection (7) insert—
7A
This section applies as respects a warrant issued under paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (warrant for arrest of offender referred back to court by youth offender panel) as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence.
24
Crime and Disorder Act 1998 (c.37)
25
The Crime and Disorder Act 1998 has effect subject to the following amendments.
26
In section 8(2) (power to make parenting orders), after “Subject to subsection (3) and section 9(1) below” insert “
and to section 4(5) of, and paragraph 13(5) of Schedule 1 to, the Youth Justice and Criminal Evidence Act 1999
”
.
27
In section 9, after subsection (1) (duty to make parenting order where person under 16 convicted of offence) insert—
1A
Subsection (1) above has effect subject to section 4(5) of, and paragraph 13(5) of Schedule 1 to, the Youth Justice and Criminal Evidence Act 1999.
28
In section 38(4) (definition of “youth justice services”), after paragraph (j) there shall be inserted—
k
the implementation of referral orders within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999.
F929
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1030
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11SCHEDULE 5
Sch. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Children and Young Persons Act 1969 (c.54)
1
The Children and Young Persons Act 1969 has effect subject to the following amendments.
2
In section 12A (requirements that may be included in supervision orders), at the end add—
14
In this section “make reparation” means make reparation for the offence otherwise than by the payment of compensation.
3
1
Section 15 (variation and discharge of supervision orders) is amended as follows.
2
In subsection (3)(b) (magistrates’ powers of re-sentence on breach of supervision order), for “relevant court” substitute “
magistrates’ court
”
.
3
After subsection (8) insert—
8A
Where a supervision order has been made on appeal, for the purposes of subsection (3) above it shall be deemed—
a
if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;
b
if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to a supervision order made on appeal, subsection (3)(b) above shall have effect as if the words “if the order had not been made” were omitted and subsection (5) above shall have effect as if the words “if it had not made the order” were omitted.
4
1
Section 16 (provisions supplementary to section 15) is amended as follows.
2
In subsection (3A), for “(3C)” substitute “
(4A)
”
.
3
Omit subsections (3B) and (3C).
4
In subsection (4), at the beginning insert “
Subject to subsection (4A) of this section,
”
.
5
After subsection (4) insert—
4A
Where a supervised person has attained the age of eighteen at the time when he is brought before a justice under subsection (3) of this section, or has attained that age at a time when (apart from this subsection) a youth court could exercise its powers under subsection (4) of this section in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—
a
to a remand centre, if the justice or youth court has been notified that such a centre is available for the reception of persons under this subsection; or
b
to a prison, if the justice or youth court has not been so notified.
4B
A court or justice remanding a person to local authority accommodation under this section shall designate, as the authority who are to receive him, the authority named in the supervision order.
Crime and Disorder Act 1998 (c.37)
5
The Crime and Disorder Act 1998 has effect subject to the following amendments.
6
1
Section 74 (duties and powers of court in relation to detention and training orders) is amended as follows.
2
For subsection (2) substitute—
2
Subject to subsections (3) and (4A) below, a court making a detention and training order may order that its term shall commence on the expiration of the term of any other detention and training order made by that or any other court.
3
After subsection (4) insert—
4A
A court making a detention and training order shall not order that its term shall commence on the expiration of the term of a detention and training order under which the period of supervision has already begun (under section 76(1) below).
4B
Where a detention and training order (“the new order”) is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun (“the old order”), the old order shall be disregarded in determining—
a
for the purposes of subsection (3) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and
b
for the purposes of subsection (4) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months.
4
After subsection (5) insert—
5A
Where a court proposes to make detention and training orders in respect of an offender for two or more offences—
a
subsection (5) above shall not apply, but
b
in determining the total term of the detention and training orders it proposes to make in respect of the offender, the court shall take account of the total period for which he has been remanded in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.
5B
Once a period of remand has, under subsection (5) or (5A) above, been taken account of in relation to a detention and training order made in respect of an offender for any offence or offences, it shall not subsequently be taken account of (under either of those subsections) in relation to such an order made in respect of the offender for any other offence or offences.
5
In subsection (6), for “The reference in subsection (5) above” substitute “
Any reference in subsection (5) or (5A) above
”
.
6
In subsection (8), omit “this section or”.
7
In section 75(5) (alteration of release of offender subject to detention and training order), for “the youth court” substitute “
a youth court
”
.
8
In section 77 (detention and training orders: breach of supervision requirements), after subsection (4) insert—
5
An offender may appeal to the Crown Court against any order made under subsection (3)(a) or (b) above.
9
In section 79 (interaction of detention and training order with sentences of detention), after subsection (2) insert—
2A
Subsection (1)(a) above has effect subject to section 78(3)(a) above and subsection (2)(a) above has effect subject to section 40(4)(b) of the 1991 Act.
10
1
Paragraph 3 of Schedule 5 (failure to comply with reparation and action plan orders) is amended as follows.
2
In sub-paragraph (2)(b), for “youth court” substitute “
magistrates’ court
”
.
3
Omit sub-paragraph (3).
4
After sub-paragraph (8) insert—
9
Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—
a
if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;
b
if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.
11
1
Paragraph 4 of that Schedule (presence of offender in court, remands, etc.) is amended as follows.
2
In sub-paragraph (5)(b), for “(6)” substitute “
(7A)
”
.
3
Omit sub-paragraph (6).
4
In sub-paragraph (7), at the beginning insert “
Subject to sub-paragraph (7A) below,
”
.
5
After sub-paragraph (7) insert—
7A
Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—
a
to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or
b
to a prison, if it has not been so notified.
12
Omit paragraph 5(6) of that Schedule.
I21E1SCHEDULE 6 Repeals
Sch. 6 partly in force; Sch. 6 not in force at Royal Assent, see s. 68(3); Sch. 6 in force for certain purposes at 1.4.2000 by S.I. 1999/3427, art. 3(b); Sch. 6 in force for certain further purposes for E.W. at 14.4.2000 by S.I. 2000/1034, arts. 2(c), 3(1); Sch. 6 in force for certain further purposes at 4.9.2000 by S.I. 2000/2091, art. 2(f) (with art. 3); Sch. 6 in force for certain further purposes at 4.12.2000 by S.I. 2000/3075, art. 2(c) (with art. 3); Sch. 6 in force for certain further purposes for E.W. at 24.7.2002 by S.I. 2002/1739, art. 2(g)
The extent of repeals and revocations is coextensive with the enactments they affect except that the repeal of s. 62 of the Criminal Procedure and Investigations Act 1996 does not extent to Northern Ireland, see s. 68(9)
Reference | Short title or title | Extent of repeal or revocation |
|---|---|---|
61 & 62 Vict. c. 36. | Criminal Evidence Act 1898. | In section 1, the words from the beginning to “Provided as follows:—”. |
23 & 24 Geo. 5 c. 12. | Children and Young Persons Act 1933. | Section 38. |
12, 13 & 14 Geo. 6 c. 88. | Registered Designs Act 1949. | Section 17(11). |
1955 c. 18. | Army Act 1955. | Section 93(1B) and (2). |
1955 c. 19. | Air Force Act 1955. | Section 93(1B) and (2). |
1957 c. 53. | Naval Discipline Act 1957. | Section 60(2) and (3). |
1963 c. 37. | Children and Young Persons Act 1963. | Section 57(2) and (4). |
1968 c. 19. | Criminal Appeal Act 1968. | In section 10(2)(b), the words “, a referral order within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999 (referral to youth offender panel)”. |
1968 c. 20. | Courts-Martial (Appeals) Act 1968. | In section 36(1), the words “section 4(4) of the Sexual Offences (Amendment) Act 1976 as adapted by section 5(1)(d) of that Act or”. |
1968 c. 60. | Theft Act 1968. | In section 30(2), the words from “and a person bringing” onwards. |
1969 c. 54. | Children and Young Persons Act 1969. | Section 16(3B) and (3C). |
1976 c. 52. | Armed Forces Act 1976. | In Schedule 3, in paragraph 3(2), the words from “or direct that” onwards. |
1976 c. 82. | Sexual Offences (Amendment) Act 1976. | Sections 2 to 5. In section 7(4), the words from “except that” onwards. Section 7(5). |
1977 c. 37. | Patents Act 1977. | Section 32(12). |
S.I. 1978/460 (N.I. 5). | Sexual Offences (Northern Ireland) Order 1978. | In Article 1(2), the words from “and Articles 6 and 8” onwards. Articles 6 and 7. |
1978 c. 23. | Judicature (Northern Ireland) Act 1978. | In Part II of Schedule 5, the amendment of the Sexual Offences (Northern Ireland) Order 1978. |
1979 c. 2. | Customs and Excise Management Act 1979. | Section 75A(6)(b). In section 118A(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”. |
1980 c. 43. | Magistrates’ Courts Act 1980. | In section 125(4)(c)(iii), the “and” at the end. In section 126(d), the “and” at the end. In Schedule 7, paragraph 148. |
1981 c. 55. | Armed Forces Act 1981. | In Schedule 2, paragraph 9. |
1984 c. 60. | Police and Criminal Evidence Act 1984. | Sections 69 and 70. Section 80(1). In section 80(5), the words “competent and”. Section 80(8). In section 82(1), in the definition of “proceedings”, in paragraph (a) the words after “court-martial” and, in paragraph (b)(i), the words “so constituted”. Schedule 3. |
1985 c. 9. | Companies Act 1985. | In section 709(3), the words from “In England and Wales” onwards. |
1988 c. 33. | Criminal Justice Act 1988. | In section 23(1), paragraph (c) and the “and” preceding it. In section 24(1), paragraph (c) and the “and” preceding it. In section 32(1), paragraph (b) and the “or” preceding it. Section 32(2), (3A) to (3E) and (6). Section 32A. Section 33A. Section 34A. Section 158(2) to (4). In Schedule 13, in paragraph 8, sub-paragraph (2)(b) and the “and” preceding it and, in sub-paragraph (3), “, (2)”. In Schedule 15, paragraph 53. |
1990 c. 42. | Broadcasting Act 1990. | In Schedule 20, paragraphs 26 and 27. |
1991 c. 53. | Criminal Justice Act 1991. | Section 52. Section 54. Section 55(2)(b), (4), (6) and (7). In Schedule 9, paragraphs 3 and 7. In Schedule 11, paragraph 1 and, in paragraph 37, the words from “and, in subsection (3)” onwards. |
1992 c. 34. | Sexual Offences (Amendment) Act 1992. | In section 5(2), the words “or programme”. In section 6(1), the definition of “written publication” and the “and” preceding it. In section 7(2), paragraph (b) and paragraph (e) except for the “and” at the end. Section 7(3). |
1994 c. 9. | Finance Act 1994. | In section 22(2)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”. In Schedule 7, in paragraph 1(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”. |
1994 c. 23. | Value Added Tax Act 1994. | In Schedule 11, in paragraph 6(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”. |
1994 c. 33. | Criminal Justice and Public Order Act 1994. | Section 50. In Schedule 9, paragraphs 11(1)(a), 13 and 33. In Schedule 10, paragraphs 32, 35(3) and 36. |
S.I. 1994/2795 (N.I. 15). | Criminal Justice (Northern Ireland) Order 1994. | Article 2(3). Article 18(3). Articles 19 to 24. |
1995 c. 35. | Criminal Appeal Act 1995. | In Schedule 2, paragraph 16(2)(b) and (3). |
1995 c. 38. | Civil Evidence Act 1995. | In Schedule 1, paragraph 10. |
1996 c. 8. | Finance Act 1996. | In Schedule 5, in paragraph 2(6)(a), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”. |
1996 c. 25. | Criminal Procedure and Investigations Act 1996. | Section 62. In Schedule 1, paragraphs 23, 27 and 33. |
1996 c. 46. | Armed Forces Act 1996. | In Schedule 1, paragraph 107(a). |
1998 c. 37. | Crime and Disorder Act 1998. | In section 74(8), the words “this section or”. In Schedule 5, paragraphs 3(3), 4(6) and 5(6). |
S.I. 1998/1504 (N.I. 9). | Criminal Justice (Children) (Northern Ireland) Order 1998. | Article 22. |
1999 c. 23. | Youth Justice and Criminal Evidence Act 1999. | Section 4(7)(d) except for the “or” at the end. In section 15(1), in the definition of “custodial sentence”, the words from “a sentence of detention in” to “1994,”. In Schedule 1, paragraphs 5(7) and 14(5). In Schedule 4, paragraph 4(2). |
SCHEDULE 7 Transitional provisions and savings
Interpretation
1
1
In this Schedule—
“the 1988 Act” means the M54Criminal Justice Act 1988;
“commencement date”, in relation to any provisions of this Act and proceedings of any description, means the date on which those provisions come into force in relation to such proceedings;
“continuing proceedings” (except in paragraph 3) means proceedings instituted before the commencement date;
“existing special measures power” means any power of the court to make an order or give leave, in the exercise of its inherent jurisdiction, for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction.
2
For the purposes of this Schedule—
a
proceedings other than proceedings on appeal are to be taken to be instituted at the time when they would be taken to be instituted for the purposes of Part I of the M55Prosecution of Offences Act 1985 in accordance with section 15(2) of that Act; and
b
proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 9 or 11 of the M56Criminal Appeal Act 1995 is made.
3
Expressions used in this Schedule which are also used in Part II of this Act have the same meaning in this Schedule as in that Part.
Referral orders under Part I
F122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special measures under Chapter I of Part II
3
1
A special measures direction may be given in relation to a witness in continuing proceedings unless the court has before the specified date—
a
given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the 1988 Act, or
b
exercised any existing special measures power in relation to the witness in connection with those proceedings.
2
The repeals made by this Act shall not affect the continued operation in relation to a witness in continuing proceedings of section 32 or 32A of the 1988 Act where before the specified date leave was given in relation to the witness in connection with those proceedings by virtue of section 32(1)(b) or section 32A, as the case may be.
3
Nothing in this Act affects the continued operation in relation to a witness in continuing proceedings of any order made or leave given under any existing special measures power exercised by the court before the specified date in relation to the witness in connection with those proceedings.
4
In this paragraph—
a
“continuing proceedings” means proceedings instituted before the specified date;
b
“the specified date”, in relation to a witness in any proceedings, means such date as may be specified by the Secretary of State in a notice given to the court in question under section 18(2), where the date is expressed to apply—
i
for the purposes of this paragraph, and
ii
in relation to any description of witnesses and proceedings within which the witness and the proceedings fall.
Protection of witnesses from cross-examination by accused in person
4
Nothing in Chapter II of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.
Protection of complainants in proceedings for sexual offences
5
1
Nothing in Chapter III of Part II applies in relation to continuing proceedings in which leave has been given before the commencement date for that Chapter—
a
under section 2 of the M57Sexual Offences (Amendment) Act 1976, or
b
(in the case of proceedings to which section 2 does not apply) in the exercise of any similar power of the court exercisable by virtue of its inherent jurisdiction.
2
Nothing in this Act affects the continued operation of any leave so given in relation to any such proceedings.
Reporting restrictions
6
1
Section 44 applies in relation to an alleged offence whether the criminal investigation into it is begun before or after the coming into force of that section.
2
The restrictions imposed by subsection (2) of section 44 do not apply to the inclusion of matter in a publication if—
a
where the publication is a relevant programme, it is transmitted, or
b
in the case of any other publication, it is published,
before the coming into force of that section.
3
Nothing in section 45 or 46 applies in relation to proceedings instituted before the commencement date for that section.
4
In sub-paragraph (3) the reference to the institution of proceedings shall be construed—
a
in the case of proceedings in England in Wales (other than proceedings before a service court), in accordance with paragraph 1(2);
b
in the case of proceedings in Northern Ireland (other than proceedings before a service court), in accordance with sub-paragraph (5);
c
in the case of proceedings before a service court (wherever held) in accordance with sub-paragraph (6).
5
In the case of proceedings falling within sub-paragraph (4)(b)—
a
proceedings other than proceedings on appeal are to be taken to be instituted—
i
where a justice of the peace issues a summons under Article 20 of the M58Magistrates’ Courts (Northern Ireland) Order 1981, when the complaint for the offence is made;
ii
where a justice of the peace issues a warrant for the arrest of any person under that Article, when the complaint for the offence is made;
iii
where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;
iv
where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the M59Grand Jury (Abolition) Act (Northern Ireland) 1969, when the indictment is presented to the court;
and where the application of this paragraph would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times; and
b
proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 10 or 12 of the M60Criminal Appeal Act 1995 is made.
6
In the case of proceedings falling within sub-paragraph (4)(c)—
a
proceedings other than proceedings on appeal are to be taken to be instituted when the prosecuting authority prefers a charge in respect of the offence under section 83B(4) of the M61Army Act 1955, section 83B(4) of the M62Air Force Act 1955 or section 52I(4) of the M63Naval Discipline Act 1957; and
b
proceedings on appeal are to be taken to be instituted when the application for leave to appeal is lodged in accordance with section 9 of the M64Courts-Martial (Appeals) Act 1968 or (as the case may be) the reference under section 34 of that Act is made.
Competence of witnesses and capacity to be sworn
7
Nothing in Chapter V of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.
Inferences from silence
I228
The amendments made by section 58—
a
apply only to proceedings instituted on or after the commencement date for that section; but
b
so apply whether the relevant failure or refusal on the part of the accused took place before or after that date.
Sch. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)