HL Deb 22 July 1988 vol 499 cc1689-91

322A Schedule 7, page 122, line 34, leave out `compensation for rape under paragraph 7 above'.

323 Page 123, line I, leave out from 'under' to end of line 3 and insert 'pension arrangements for which no person wholly or partly pays except'.

324 Page 123, leave out lines 30 to 45.

325 Page 124, leave out lines 1 to 5 and insert—

Miscellaneous rules

17.—(1) The Secretary of State may by rules—'.

326 Page 124, line 6, leave out from 'forms' to end of line 8'.

327 Page 124, line 11, leave out paragraphs (c) to (e).

328 Page 124, line 27, leave out paragraphs (g) and (h).

329 Page 124, line 30, at end, insert— '(ga) specify cases in which compensation is not to be paid as a lump sum and how it is to be paid in any such case;'.

330 Page 124, line 34, at end, insert 'and

(j) make such incidental or supplementary provision as appears to the Secretary of State to be appropriate.

(1A) Rules under this paragraph may make different provision of different descriptions of cases.'

331 Page 124, line 35, leave out sub-paragraph (3).

332 Schedule 8, page 125, line 6, leave out from beginning to 'for' in line 10, and insert —

1. In any enactment for a reference to a detention centre or to a youth custody centre or to both there shall he substituted a reference to a young offender institution.

1A. In any enactment except—

  1. (a) section 21 of the Firearms Act 1968;
  2. (b) Schedule I to the Juries Act 1974;
  3. (c) section 5 of the Rehabilitation of Offenders Act 1974; and
  4. (d) section 17(3) of the Criminal Justice Act 1982;

333 Page 125, line 13, leave out paragraph 2.

334 Page 125, line 19, leave out paragraph (a).

335 Page 125, line 26, at end insert—

'Army Act 1955 (c.18)

Air Force Act 1955 (c.19)

Naval Discipline Act 1957 (c.53)

3.A. In subsection (6)—

  1. (a) of section 71AA of the Army Act 1955 and the Air Force Act 1955; and
  2. (b) of section 43AA of the Naval Discipline Act 1957, (each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (a)—
(a) where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could he detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;".

3B. In sub-paragraph (6) of paragraph 10—

  1. (a) of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and
  2. (b) of Schedule 4A to the Naval Discipline Act 1957, (each of which is concerned with the making of custodial 1690 orders against young civilian offenders) the following paragraph shall be substituted for paragraph (a)—
(a) where the offender is removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;".

336 Page 125, line 31, leave out paragraph 5.

337 Page 127, line 7, at end insert—

  1. (a) to a licence under section 60 of the Criminal Justice Act 1967 granted for his release from a youth custody sentence; or'.

338 Page 127, leave out lines 9 and 10.

339 Schedule 9, page 127, leave out lines 24 to 38 and insert—

'Army Act 1955 (c.18)

Air Force Act 1955 (c.19)

Naval Discipline Act 1957 (c.53)

2. In subsection (6)—

  1. (a) of section 71AA of the Army Act 1955 and the Air Force Act 1955; and
  2. (b) of section 43AA of the Naval Discipline Act 1957 (c. 53) (each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (b)—
"(b) where the offender is in or removed to Scotland, a young offenders institution;".

3. In sub-paragraph (6) of paragraph 10—

  1. (a) of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and
  2. (b) of schedule 4A to the Naval Discipline Act 1957, (each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (b)—
(b) where the offender is removed to Scotland, a young offenders institution;".'.

340 Page 128, line 27, leave out '118(1)' and insert 'section 1 19(1)'.

341 Page 128, line 28, leave out '118(1)' and insert '119(1)'.

Earl Ferrers

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 322A to 341 en bloc. They are consequential upon Amendment No. 163. I beg to move.

Moved, That this House do agree with the Commons in their Amendments Nos. 322A to 341 en bloc.—(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

342 Schedule 10, page 129, line 37, leave out 'but without prejudice to section 12B(1) below,'.

343 Page 130, line 2, at end, insert— '(3A) Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.'.

344 Page 131, line 35, leave out `but without prejudice to section 12B(1) of this Act,'.

345 Page 131, line 42, at end insert— '(1 A) The court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.'.

346 Page 133, line 11, leave out '12B'.

347 Page 133, line 28, leave out '12B'.

Earl Ferrers

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 342 to 347 en bloc.

These amendments make minor changes to the provisions on supervision orders. The only one of significance is Amendment No. 345 which requires that before a court may include a supervision order imposed on a young offender a requirement to attend the school regularly—it should consult the local education authority. It must then be satisfied that in the authority's view suitable arrangements exist for the child's education. This amendment was brought forward by the Government in response to Opposition concern in another place. I beg to move.

Moved, That the House do agree with the Commons in their Amendments Nos. 342 to 347.—(Earl Ferrers.)

On Question, Motion agreed to.