HL Deb 04 October 2000 vol 616 cc1672-80

. The Learning and Skills Act 2000 is amended as follows.

. In sections 115(1)(e) (consultation and co-ordination) and 120(2)(e) (information: supply by public bodies), for "probation committee" there is substituted "local board".

. In section 121(1) (supplementary), after the definition of "local authority" there is inserted— "local board" means a board established under section 4 of the Criminal Justice and Court Services Act 2000,

and the definition of "probation committee" is omitted.").

Page 82, line 17, at end insert—

("Regulation of Investigatory Powers Act 2000 (c. 23)

. In section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 (general interpretation), after "twenty-one" there is inserted "(eighteen in relation to England and Wales)".").

The noble Lord said: I have already spoken to the generality of these amendments. I beg to move Amendments Nos. 189 to 255 en bloc.

On Question, amendments agreed to.

Schedule 6, as amended, agreed to.

Clause 66 agreed to.

Schedule 7 [Repeals]:

Lord Bach moved Amendments Nos. 256 to 308:

Page 82, line 20, at end insert—
("1948 c. 58. Criminal Justice Act 1948 In section 27, in subsection (1), the words from "then, if the court" to "not been so notified", and subsection (2).")

Page 82, line 20, at end insert—
("1948 c. 58. Criminal Justice Act 1948. In section 39(3), "or remand centre".
In section 80(1), the definitions of "local authority" and "remand centre".")
Page 82, line 20, at end insert—
("1952 c. 52. Prison Act 1952. In section 37(4), "remand centre". In section 43, subsection (l)(a), in subsection (2), in paragraph (a) "a remand centre or" and paragraphs (b) and (c), subsection (3), in subsection (4), "remand centres" and subsection (7). In section 47, in subsection (1), "remand centres" and, in subsection (5), "remand centre".")
Page 82, line 20, at end insert—
("1955 c. 18. Army Act 1955. In section 71 A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the "and" preceding it, in subsection (1E), paragraph (b) and the "or" preceding it and, in subsection (5), "custody for life or" and "and to a sentence of custody for life".
In section 71AA(1AA), "aged 17".
In section 71AB(1), paragraph (b) and the "or" preceding it.
In Schedule 5A, in paragraph 10(1A), "under 18 years of age" and, in paragraph 15(3), in the second column of the table, "Custody for life".")
Page 82, line 20, at end insert—
("1955 c. 19. Air Force Act 1955. In section 71A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the "and" preceding it, in subsection (1E), paragraph (b) and the "or" preceding it and, in subsection (5), "custody for life or" and "and to a
sentence of custody for life".
In section 71AA(1AA), "aged 17".In section 71AB(1), paragraph (b) and the "or" preceding it.
In Schedule 5A, in paragraph 10(1A), "under 18 years of age" and, in paragraph 15(3), in the second column of the table, "Custody for life".")
Page 82, line 20, at end insert—
("1957 c. 53. Naval Discipline Act 1957. In section 43A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the "and" preceding it, in ● subsection (1E), paragraph (b) and the "or" preceding it and, in subsection (5), "custody for life or" and "and to a sentence of custody for life".
In section 43AA(1AA), "aged 17".
In section 43AB(1), paragraph (b) and the "or" preceding it.
In Schedule 4A, in paragraph 10(1A), "under 18 years of age" and, in paragraph 15(3), in the second column of the table, "Custody for life".")
Page 82, line 20, at end insert—
("1959 c. 45. Metropolitan Section 3.
Magistrates' Courts Act 1959. In section 4(2), "of the probation system within the inner London probation area".")
Page 82, line 20, at end insert—
("1967 c. 80. Criminal Justice Act 1967. In section 67(6), "to a remand centre or".")
Page 82, line 20, at end insert—
("1968 c. 27. Firearms Act 1968. In section 52(1)(a), "in a young offender institution or".")
Page 82, line 20, at end insert—
("1969 c. 54. Children and Young Persons Act 1969. In section 23 (as it has effect pursuant to section 98(2) of the Crime and
Disorder Act 1998), in subsection (1), "a remand centre or", subsection (4)(b), in subsection (5), "remand centre or" and, in subsection (5A), "a remand centre or".")
Page 82, line 20, at end insert—
("1969 c. 54. Children and Young Persons Act 1969. In section 46(1), "within the meaning of the Probation Service Act 1993".")
Page 82, line 20, at end insert—
("1969 c. 54. Children and Young Persons Act 1969. In Schedule 3, in paragraph 9(2)(a), "or".")
Page 82, line 20, at end insert—
("1971 c. 40. Fire Precautions Act 1971. In section 40(2)(a), "remand centre".")
●
Page 82, line 20, at end insert—
("1972 c. 70. Local Government Act 1972. In Part I of Schedule 12A, in paragraph 2(a), "or".")
Page 82, line 20, at end insert—
("1974 c. 23. Juries Act 1974. In Schedule 1, in Part I, in Group B, in the entry for the warden and staff of a probation hostel or bail hostel, "(within the meaning of the Probation Service Act 1993)".")
Page 82, leave out lines 25 and 26.
Page 82, line 26, at end insert—
("1980 c. 43. Magistrates' Courts Act 1980. In section 11(3), "or detention in a detention centre".
In section 31, in subsections (1) and (2), "or youth custody".
In section 77(2), "or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)".
In section 82(1)(c), "youth custody or detention in a detention centre". Section 96A.
In section 133, in subsection (1), the first, second and fourth mentions of "or youth custody" and subsection (2A).
Section 135(3).
Section 136(4).")
Page 82, line 26, at end insert—
("1980 c. 43. Magistrates' Courts Act 1980. Section 72.")
Page 82, line 26, at end insert—
("1980 c. 43. Magistrates' Courts Act 1980. In Schedule 6A, the entry relating to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000.")
Page 82, line 26, at end insert—
("1980 c. 57. Imprisonment (Temporary Provisions) Act 1980. In section 6, in subsections (1) and (2), "remand centre".")
Page 82, line 26, at end insert—
("1983 c. 20. Mental Health Act 1983. In section 48(2)(a), "or remand centre".")
Page 82, line 29, at end insert—
("1988 c. 33. Criminal Justice Act 1988. In section 75(3), "or of detention under section 108 of that Act of 2000 (detention of persons aged 17 to 20 for contempt)".")
Page 82, line 29, at end insert—
("1988 c. 34. Legal Aid Act 1988. In section 21(11), "or a remand centre".")
Page 82, line 29, at end insert—
("1988 c. 52. Road Traffic Act 1988. Section 105(2)(b).")
Page 82, line 35, column 3, at end insert—
("In section 58(4)(a), "or".")
Page 82, line 40, column 3, at end insert—
("In Schedule 18, paragraph 25(4)(b).")
Page 82, line 40, at end insert—
("1991 c. 25 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. In Schedule 1, in paragraph 4(1), paragraph (c) and the "or" preceding it.")
Page 82, line 40, at end insert—
("1991 c. 53. Criminal Justice Act 1991. Section 37A(7).")
Page 82, line 40, at end insert—
("1991 c. 53. Criminal Justice Act 1991. In section 45(1), "or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".
Section 68(b).
In section 92(1), in
the definition of "prison", "or remand centre".
In Schedule 8, paragraph 2.
In Schedule 12, in paragraphs 15(4) and 16(3), "remand centre or".")
Page 82, line 40, at end insert—
("1991 c. 53. Criminal Justice Act 1991. In Schedule 8, paragraph 6(3).")
Page 82, line 40, at end insert—
("1992 c. 14. Local Government Finance Act 1992. In Schedule 1, in paragraph 1(4), "or section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".")
Page 82, line 42, at end insert—
("1994 c. 19. Local Government (Wales) Act 1994. In Schedule 16, paragraph 109.")
Page 82, line 42, at end insert—
("1994 c. 33. Criminal Justice and Public Order Act 1994. In section 117(3)(a), "and a remand centre".
In section 125(3)(a), "remand centre or".")
Page 82, line 42, at end insert—
("1994 c. 33. Criminal Justice and Public Order Act 1994. In Schedule 10, paragraphs 72 and 73.")
c
Page 82, line 42, at end insert—
("1994 c. 37. Drug Trafficking Act 1994. In section 9, in subsection (2), "or of detention under section 108 of the 2000 Act (detention of persons aged 18 to 20 for default)" and, in subsection (5), "or detention".
In section 10(2), "or detention".
In section 15(13), "or of detention".
In section 16(4)(b), "or detention".
In section 17(4)(b), "or of detention".
In section 2l(5)(a), "or of detention".
In section 41(7), "or detention".")
Page 82, line 42, at end insert—
("1996 c. 33. Prisoners' Earnings Act 1996. In section 4(2), in the definition of "prisoner", "or remand centre".")
Page 82, line 47, at end insert—
("1998 c. 37. Crime and Disorder Act 1998. In Schedule 8, paragraph 110.")
Page 83, line 3, at end insert—
("1999 c. 22. Access to Justice Act 1999. In Schedule 10, paragraph 17.")
Page 83, line 3, at end insert—
("1999 c. 22. Access to Justice Act 1999. In Schedule 10, paragraphs 41 to 45.
In Schedule 11, paragraph 42.")
Page 83, line 3, at end insert—
("1999 c. 22. Access to Justice Act 1999. In Schedule 11, paragraph 15.")
Page 83, line 16, column 3, at end insert—
("In section 76(1), paragraphs (c) and (d).
In section 78, in subsections (1) and (2), "or detention in a young offender institution".
In section 87(12), paragraph (b) and the preceding "and".
Sections 93 to 98.
Section 99(2).
In section 106, subsection (1) and, in subsection (3), the words from the beginning to "and".
Section 108.
Section 110(6).
Section 111(6).")
Page 83, line 16, column 3, at end insert—
("Section 137(2)(a).")
Page 83, line 16, column 3, at end insert—
("In section 139, in subsection (2), "or of detention under section 108 above (detention of persons aged 18 to 20 for default)", in subsection (3), "or detained", in subsection (3)(c), "custody for life or detention in a young offender institution", in subsection (4), "or detention" and, in subsection (5), the second "or detention".
In section 140(3), "or detention under section 108 above".")
Page 83, line 20, column 3, at end insert—
("In Schedule 3, in paragraph 25, sub-paragraph (2) and, in sub-paragraph (3), "or (2)".")
Page 83, line 20, column 3, at end insert—
("In Schedule 7, in paragraph 7(7), paragraph (a) and, in paragraph (b), "if the justice or youth court has not been so notified".")
Page 83, line 20, column 3, at end insert—
("In Schedule 8, in paragraph 6(7), paragraph (a) and, in paragraph (b), "if it has not been so notified".")

Page 83, line 21, column 3, at end insert ("5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22,").

Page 83, line 21, column 3, at end insert ("34(a),").

Page 83, line 22, column 3, leave out ("50(3),").

Page 83, line 22, column 3, after ("50(3),") insert ("56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156, 166(3),").

Page 83, line 22, column 3, leave out ("and 188") and insert (", in paragraph 183, sub-paragraph (2)(b) and the preceding "and", sub-paragraphs (3)(b) and (3)(c) and paragraph 188").

Page 83, line 22, column 3, at end insert—
("In Schedule 10, in paragraph 12(2), the "and" preceding paragraph (d).")
Page 83, line 22. at end insert—
("2000 c. 21. Learning and Skills Act 2000. In section 121(1), the definition of "probation committee".")

The noble Lord said: This group of amendments repeals sections of other enactments which are redundant as a result of this Bill. I beg to move Amendments Nos. 256 to 308 en bloc.

On Question, amendments agreed to.

Schedule 7, as amended, agreed to.

Clauses 67 and 68 agreed to.

Clause 69 [General interpretation]:

Lord Bach moved Amendments Nos. 309 and 310: Page 44, leave out line 13. Page 44, line 15, at end insert— (""subordinate legislation" has the same meaning as in the Interpretation Act 1978. ( ) In this Act, "enactment" means an enactment whenever passed or made; but in this Part it means—

  1. (a) an Act passed before, or in the same Session as, this Act, and
  2. (b) subordinate legislation made before the passing of this Act.").

The noble Lord said: These are drafting amendments which have the effect of changing the meaning of the term "enactment" in the Bill. For all parts of the Bill other than Part IV, the amendment has the effect of extending references to the term "enactment" to include enactments passed after the Bill becomes law. The use of the term in Part IV of the Bill is restricted to Acts passed before or in the same Session as the Bill and to subordinate legislation made before the passing of the Bill.

This amendment is being made to ensure that those provisions in the Bill which change the names of community orders, probation orders, officers etc. in other enactments are effective in relation to all enactments whenever they are passed. I beg to move.

On Question, amendments agreed to.

Clause 69, as amended, agreed to.

Clauses 70 and 71 agreed to.

Clause 72 [Extent]:

Lord Bach moved Amendments Nos. 311 to 314: Page 44, line 38, after ("124") and insert ("to 127, 130 and 131"). Page 44, line 41, at end insert— ("( ) section (Amendments of the Sex Offenders Act 1997) and Schedule (Amendments of the Sex Offenders Act 1997),"). Page 45, line 1, at end insert— ("( ) paragraphs 17 and 19 of Schedule 2").

Page 45, line 5, leave out ("and 34") and insert (", 34 and (Indecent photographs of children: increase of maximum penalties)").

The noble Lord said: Clause 72 deals with extent. In general the Act will extend only to England and Wales, as subsection (1) provides. However, there are a number of exceptions to this, listed in subsections (2), (3) and (4). Subsection (2), for example, provides for certain aspects of the Bill to extend to the UK as a whole, notably for the purposes of courts-martial.

Amendment No. 311 relates to Clause 72(2)(b), which extends the new tariff-setting provisions to the whole of the United Kingdom for the purposes of courts-martial. This amendment tidies up the provision made for the consequential amendments to the Crime (Sentences) Act 1997.

Amendment No. 312 extends the amendments to the Sex Offenders Act to Northern Ireland as well as England and Wales. Amendment No. 313 extends the amendments of the Parliamentary Commissioner Act 1967 and the House of Commons Disqualification Act 1975 to the whole of the United Kingdom, which is consistent with their present extent.

Amendment No. 314 extends the increased penalties for possession of indecent photographs of children to Northern Ireland as well as to England and Wales. I beg to move.

On Question, amendments agreed to.

Clause 72, as amended, agreed to.

Remaining clause agreed to.

House resumed: Bill reported with amendments.

House adjourned at thirteen minutes before midnight.