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Article 8(2)

SCHEDULE 4U.K.

PART IU.K.PRISONERS TRANSFERRED TO SCOTLAND

Restricted transfers from England and Wales to ScotlandU.K.

1.—(1) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of Schedule 1 to the 1997 Act (transfer of prisoners: general; for trial and other judicial purposes) from England and Wales to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 8(2)(a) of Schedule 1 to the 1997 Act(1)–

(2) Where a transfer under paragraph 4(1) of Schedule 1 to the 1997 Act (transfer of supervision of released prisoners) of a person’s supervision from England and Wales to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent that they are applied by paragraph 8(4) of Schedule 1 to the 1997 Act(2)–

Commencement Information

I1Sch. 4 para. 1 in force at 30.6.1999, see art. 1

Restricted transfers from Northern Ireland to ScotlandU.K.

2.—(1) Where a person’s transfer under paragraphs 1(1)(b), 2(1)(b) or 3(1)(b) of Schedule 1 to the 1997 Act from Northern Ireland to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 13(2) of Schedule 1 to the 1997 Act–

(2) Where a transfer under paragraph 4(1) of Schedule 1 to the 1997 Act of a person’s supervision from Northern Ireland to Scotland is a restricted transfer the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they have effect by virtue of paragraph 13(4) of Schedule 1 to the 1997 Act–

Commencement Information

I2Sch. 4 para. 2 in force at 30.6.1999, see art. 1

Restricted transfers from Jersey to ScotlandU.K.

3.—(1) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of Schedule 1 to the 1997 Act from Jersey to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 18(2) of Schedule 1 to the 1998 Order–

(2) Where a transfer under paragraph 4(2) of Schedule 1 to the 1997 Act of a person’s supervision from Jersey to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 18(4) of Schedule 1 to the 1998 Order–

Commencement Information

I3Sch. 4 para. 3 in force at 30.6.1999, see art. 1

Restricted transfers from Guernsey to ScotlandU.K.

4.—(1) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or (3)(2)(b) of Schedule 1 to the 1997 Act from Guernsey to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 12(2) of Schedule 1 to the 1998 Order–

(2) Where a transfer under paragraph 4(2) of the Schedule to the 1997 Act of a person’s supervision from Guernsey to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 12(4) of Schedule 1 to the 1998 Order–

Commencement Information

I4Sch. 4 para. 4 in force at 30.6.1999, see art. 1

Restricted transfers from the Isle of Man to ScotlandU.K.

5.—(1) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of Schedule 1 to the 1997 Act(3) from the Isle of Man to Scotland is a restricted transfer the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 15(2) of Schedule 1 to the 1998 Order–

(2) Where a transfer under paragraph 4(2) of Schedule 1 to the 1997 Act(4) of a person’s supervision from the Isle of Man to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 15(4) of Schedule 1 to the 1998 Order–

paragraphs 8 to 10, 14 and 15 of Schedule 2 to the 1995 Act and, where applicable, Part 2 of Schedule 3 to that Act.

Commencement Information

I5Sch. 4 para. 5 in force at 30.6.1999, see art. 1

PART IIU.K.PRISONERS TRANSFERRED BEFORE THE COMMENCEMENT OF CHAPTER II OF PART II OF THE 1997 ACT

Restricted transfers from England and Wales to ScotlandU.K.

6.—(1) Where a person’s transfer under paragraphs 1(1)(b), 2(1)(b) or 3(1)(b) of Schedule 1 to the 1997 Act from England and Wales to Scotland is a restricted transfer and he is a person to whom Chapter II of Part II of the 1991 Act does not apply when the transfer is made, the functions of the Secretary of State under the following provisions of the 1991 Act but only to the extent that it is applied by paragraph 8(2) of Schedule 1 to the 1997 Act (as read with paragraph 9(2)(a) of Schedule 5 to the 1997 Act)–

(2) Where a transfer under paragraph 4(1) of Schedule 1 to the 1997 Act of a person’s supervision from England and Wales to Scotland is a restricted transfer and he is a person to whom Chapter II of Part II of the 1991 Act does not apply when the transfer is made, the functions of the Secretary of State under the following provisions of the 1991 Act but only to the extent that it is applied by paragraph 8(4) of Schedule 1 to the 1997 Act (as read with paragraph 9(2)(b) of Schedule 5 to the 1997 Act)–

Commencement Information

I6Sch. 4 para. 6 in force at 30.6.1999, see art. 1

(1)

Paragraph 8(2)(a) was amended by the Crime and Disorder Act 1998, Schedule 8, paragraph 135(3).

(2)

Paragraph 8(4) was amended by the Crime and Disorder Act 1998, Schedule 8, paragraph 135(3).

(3)

Paragraph 1(2)(a), 2(2)(a) and 3(2)(a) were extended to the Isle of Man by S.I. 1997/1775.

(4)

Paragraph 4(2) was extended to the Isle of Man by S.I. 1997/1775.