Part 4Sentencing
Chapter 1Sentencing Council for England and Wales
Other functions of the Council
I1132Duty to assess impact of policy and legislative proposals
1
This section applies where the Lord Chancellor refers to the Council any government policy proposal, or government proposal for legislation, which the Lord Chancellor considers may have a significant effect on one or more of the following—
a
the resources required for the provision of prison places;
b
the resources required for probation provision;
c
the resources required for the provision of youth justice services.
2
For the purposes of subsection (1)—
“government policy proposal” includes a policy proposal of the Welsh Ministers;
“government proposal for legislation” includes a proposal of the Welsh Ministers for legislation.
3
The Council must assess the likely effect of the proposal on the matters mentioned in paragraphs (a) to (c) of subsection (1).
4
The Council must prepare a report of the assessment and send the report—
a
to the Lord Chancellor, and
b
if the report relates to a proposal of the Welsh Ministers, to the Welsh Ministers.
5
A single report may be prepared of the assessments relating to 2 or more proposals.
6
If the Lord Chancellor receives a report under subsection (4) the Lord Chancellor must, unless it relates only to a proposal of the Welsh Ministers, lay a copy of it before each House of Parliament.
7
If the Welsh Ministers receive a report under subsection (4) they must lay a copy of it before the National Assembly for Wales.
8
The Council must publish a report which has been laid in accordance with subsections (6) and (7).
9
In this section “legislation” means—
a
an Act of Parliament if, or to the extent that, it extends to England and Wales;
b
subordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;
c
a Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act.