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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 No. 1055 URL: http://www.bailii.org/uk/legis/num_reg/2006/20061055.html |
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| Made | 31st March 2006 | ||
| Coming into force | 1st April 2006 |
Management of Offenders etc. (Scotland) Act 2005
3.
Section 21(8) of the Management of Offenders etc. (Scotland) Act 2005 (amendment of Schedule 1 to the Crime (Sentences) Act 1997)[4] extends to England and Wales and Northern Ireland, as well as to Scotland.
Modification of the House of Commons Disqualification Act 1975
4.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualification of certain offices)[5] at the appropriate place insert-
DAVID CAIRNS
Parliamentary Under Secretary of State Scotland Office, Department for Constitutional Affairs
Dover House, London
31st March 2006
Article 3 extends the amendments made to paragraphs 10 and 11 of Schedule 1 to the 1997 Act by section 21(8) of the 2005 Act to England and Wales and Northern Ireland as well as Scotland. The effect of extending this provision is that sections 1AA (release of certain sexual offenders) and 3AA (further powers to release prisoners) of the 1993 Act (both of which were inserted into the 1993 Act by the 2005 Act) will continue to apply to prisoners whose sentences and/or supervision are transferred from Scotland to England and Wales or Northern Ireland.
Article 4 amends Schedule 1 to the House of Commons Disqualification Act 1975 (c.24) by inserting a reference to a chief officer of a community justice authority appointed under section 4(2) of the 2005 Act (community justice authorities are established under section 3(1) of the 2005 Act). The effect of this amendment is that such officers are disqualified from becoming members of the House of Commons.
[2] 1997 c43; paragraph 8 was amended by the Crime (Sentences) Act 1997 (c.43), Schedule 5, paragraph 9; the Crime and Disorder Act 1998 (c.37), Schedule 8, paragraph 1998/2327; the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), Schedule 9, paragraph 186; the Criminal Justice and Court Services Act 2000 (c.43), Schedule 7, paragraph 143; the Criminal Justice Act 2003 (c.44), Schedule 32, paragraph 85; and the Domestic Violence, Crime and Victims Act 2004 (c.28), Schedule 10, paragraph 46.back
[3] References to certain provisions of the Criminal Justice Act 1991 (c.53) which formerly appeared in paragraph 8(2)(a) are the subject of a saving for prisoners serving sentences of imprisonment in respect of offences committed before 4th April 2005, by virtue of paragraph 27 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950).back
[5] 1975 c.24; there are amendments to Part 3 of Schedule 1 not relevant to this Order.back
