Schedule 26 - Repeals

Criminal Justice Bill – in a Public Bill Committee at 10:15 am on 27th February 2003.

Alert me about debates like this

Amendments made: No. 47, in

schedule 26, page 279, line 39, column 2, leave out '22(3),' and insert

'22, in subsection (1) the words ''subject to section 25 of the Criminal Justice and Public Order Act 1994'' and in subsection (3)'.

No. 48, in

schedule 26, page 280, line 16, column 2, leave out 'paragraph' and insert 'paragraphs 15 and'.

No. 808, in

schedule 26, page 282, line 11, at end insert—

'Piracy Act 1837 (c.88)

Section 3.'

No. 809, in

schedule 26, page 282, line 11, at end insert—

'Children and Young Persons Act 1963 (c.37)

In section 16(3), the words ''mandatory and''.'

No. 810, in

schedule 26, page 282, line 13, column 2, leave out lines 12 and 13 and insert—

'In section 104, in subsection (1) the definition of ''suspended sentence'' and subsection (2).'

No. 811, in

schedule 26, page 282, line 14, column 2, at beginning insert—

'In section 10—

subsection (2)(c) and the word ''or'' immediately preceding it, and subsection (3)(cc).'

No. 812, in

schedule 26, page 282, line 32, column 2, at beginning insert—

'In section 68(2)(d), the words ''a probation order has been made in respect of him or he has been''.'

No. 813, in

schedule 26, page 282, line 39, leave out 'paragraph (d)' and insert 'paragraph (c)'.

No. 814, in

schedule 26, page 282, line 41, at end insert—

'Criminal Procedure (Scotland) Act 1995 (c.46)

In section 234—in subsection (2), the words from ''but does not'' to the end, subsection (5)(b) and the word ''and'' immediately preceding it, and subsection{**np**}(11).'

No. 815, in

schedule 26, page 282, line 41, at end insert—

'Crime (Sentences) Act 1997 (c.43)

Sections 35 and 40.'

—[Hilary Benn.]

Photo of Hilary Benn Hilary Benn Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)

I beg to move amendment No. 816, in

schedule 26, page 282, line 41, at end insert—

'Crime (Sentences) Act 1997 (c.43)

In Schedule 4, paragraphs 6(2), 7, 12(1) and 15(10).'

Photo of Eric Illsley Eric Illsley Labour, Barnsley Central

With this it will be convenient to discuss Government amendments Nos. 817 to 825, 827 to 832 and 834 to 838.

Photo of Hilary Benn Hilary Benn Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)

This is a large group of amendments, all of which are additions to the repeals schedule. To help hon. Members in their deliberations, I sent them a detailed description of the amendments in correspondence. I will therefore outline only briefly the four types of repeals involved.

The most significant are those that repeal provisions that the Bill replaces. They include amendment No. 824, which relates to the definition of the terms ''sexual offence'' and ''violent offence''. Those are being replaced by the lists of sexual and violent offences in schedule 11. The groups also includes amendments Nos. 832, which deals with calculating remand time and which is replaced by clause 220, and 816, which relates to the role of the Parole Board, calculating remand time and dangerous offenders.

Another set repeals provisions that are being re-enacted in the Bill without change. The third and fourth category are second level repeals. That is to say, they repeal amendments or references to provisions that the Bill is repealing. The first level repeals that are at the base of those are either covered by the other categories that I have already described, or they have been already dealt with in Committee by being grouped with consequential amendments.

Amendment agreed to.

Amendments made: No. 817, in

schedule 26, page 283, line 2, column 2, at end insert—

'In section 38(4)(i), the words ''section 37(4A) or 65 of the 1991 Act or''.

'Sections 59 and 60.'

No. 818, in

schedule 26, page 283, line 3, column 2, at end insert—

'Sections 99 and 100.

Sections 101(1)

Sections 103 to 105.

In Schedule 7, paragraph 50.

In Schedule 8, paragraphs 11, 13(2), 79 to 84, 86 to 91, 94, 97 and 132.'

No. 819, in

schedule 26, page 283, line 3, at end insert—

'Access to Justice Act 1999 (c.22)

Section 58(5).'

No. 820, in

schedule 26, page 283, line 4, column 2, at beginning insert—

'Section 6(4)(d).'

No. 593, in

schedule 26, page 283, line 22, column 2, at end insert—

'Section 84.'.

No. 821, in

schedule 26, page 283, line 34, column 2, at end insert—

'In section 115, the word ''109,''.

Sections 116 and 117.'

No. 822, in

schedule 26, page 283, line 36, column 2, at end insert—

'Sections 151 to 153.'

No. 823, in

schedule 26, page 283, line 37, column 2, at end insert—

'In section 159, the words '', 121(1) or 123(1)'' and ''paragraph 6(6) of Schedule 4 to this Act,''.'

No. 824, in

schedule 26, page 283, line 38, column 2, at end insert—

'Section 161(2) to (4).'

No. 825, in

schedule 26, page 283, line 38, column 2, at end insert—

'Section 162.'

No. 826, in

schedule 26, page 284, line 10, column 2, leave out from '''curfew order''' to 'the' in line 11 and insert

'the words ''section 59 above or'', ''or section 35 of the Crime (Sentences) Act 1997'', ''section 59 or'' and ''or the said section 35,'' '.

No. 827, in

schedule 26, page 284, line 14, after '11(2),' insert

' ''presentence report'', ''protecting the public from serious harm'' '.

No. 828, in

schedule 26, page 284, line 18, after 'hearing'',' insert '''sexual offence'','.

No. 829, in

schedule 26, page 284, line 22, leave out 'and ''trigger offence''' and insert

' ''trigger offence'' and ''violent offence''.'

No. 830, in

schedule 26, page 284, line 24, column 2, at end insert—

'Section 168(2).'

No. 831, in

schedule 26, page 285, line 23, column 2, at end insert—

'In Schedule 9, paragraphs 7, 24(a), 26(2), 28, 29, 52, 54(3), 55, 61, 76, 81, 82, 89(2), 90(2), 137 to 145, 147(2) and (3)(a) to (d) and (e)(i), 151, 184, 185, 187(2), 174, 176(2) to (5) and (7), 177(2) and (3), 196 and 202.'

No. 832, in

schedule 26, page 285, line 23, at end insert—

'Terrorism Act 2000 (c.11)

Schedule 15, paragraph 20.'

No. 833, in

schedule 26, page 285, line 23, at end insert—

'Child Support, Pensions and Social Security Act 2000 (c.19)

Section 62(10).'

No. 834, in

schedule 26, page 285, line 24, column 2, at end insert—

'Section 55.'

No. 835, in

schedule 26, page 285, line 27, column 2, leave out line 27.

No. 836, in

schedule 26, page 285, line 29, column 2, at end insert—

'In Schedule 7, paragraphs 139 and 140.'

No. 837, in

schedule 26, page 285, line 29, at end insert—

'Antiterrorism, Crime and Security Act 2001 (c.24)

Section 39(7).'.

No. 838, in

schedule 26, page 285, line 29, at end insert—

'Proceeds of Crime Act 2002 (c.29)

In Schedule 11, paragraph 32.'

No. 876, in

schedule 26, page 285, leave out lines 34 and 35 and insert—

'Vagrancy Act 1824 (c.83)

Section 5.

Section 10.

Railway Regulation Act 1842 (c.55)

In section 17, the words from ''be imprisoned'' (where first occurring) to ''discretion of such justice, shall''.'.

No. 877, in

schedule 26, page 285, column 2, leave out lines 38 to 43 and insert—

'In section 28, the words from '', or, in the discretion'' to ''fourteen days''.'.

No. 878, in

schedule 26, page 286, leave out lines 10 and 11 and insert—

'North Sea Fisheries Act 1893 (c.17)

In section 2—

in paragraph (a), the words from '', or, in the discretion'' to the end, and

in paragraph (b), the words from '', or in the discretion'' to the end.

In section 3(a), the words from '', or, in the discretion'' to the end.'.

No. 879, in

schedule 26, page 286, line 15, at end insert—

'Public Health Act 1936 (c.49)

In section 287(5), the words from ''or to imprisonment'' to the end.

Essential Commodities Reserves Act 1938 (c.51)

In section 4(2), the words from ''or to imprisonment'' to the end.

London Building Acts (Amendment) Act 1939 (c.xcvii)

In section 142(5), the words from ''or to imprisonment'' to the end.

Cancer Act 1939 (c.13)

In section 4(2), the words from ''or to imprisonment'' to the end.

Civil Defence Act 1939 (c.31)

In section 77, the words from ''or to imprisonment'' to the end.'

No. 880, in

schedule 26, page 286, line 31, at end insert—

'Civil Defence Act 1948 (c.5)

In section 4(4), the words from ''or to imprisonment'' to the end.'.

No. 881, in

schedule 26, page 286, line 39, at end insert—

'Coast Protection Act 1949 (c.74)

In section 25(9), the words from ''or to imprisonment'' to the end.'

No. 882, in

schedule 26, page 287, line 50, at end insert—

'Rivers (Prevention of Pollution) Act 1961 (c.50)

In section 12(2), the words from ''or to imprisonment'' to the end.'

No. 883, in

schedule 26, page 288, line 26, at end insert—

'Industrial and Provident Societies Act 1965 (c.12)

In section 16(5), the words from ''or to imprisonment'' to the end.

In section 48(2), the words from ''or to imprisonment'' to the end.'.

No. 884, in

schedule 26, page 288, line 36, column 2, at end insert—

'In section 69, the words from ''or imprisonment'' to the end.'.

No. 885, in

schedule 26, page 289, column 2, leave out lines 26 to 29.

No. 886, in

schedule 26, page 289, line 31, at end insert—

'Criminal Justice Act 1982 (c.48)

Section 70.'.

No. 887, in

schedule 26, page 290, line 20, at end insert—

'Town and Country Planning Act 1990 (c.8)

In Schedule 15, in paragraph 14(4), the words from ''or to imprisonment'' to the end.'.

No. 888, in

schedule 26, page 290, line 22, at end insert—

'Criminal Justice Act 1991 (c.53)

Section 26(5).'.

No. 889, in

schedule 26, page 290, column 2, leave out lines 33 and 34 and insert—

'In section 105(1), the words—

(a) ''to imprisonment for a term not exceeding 3 months or'', and

(b) ''or to both''.'.

No. 890, in

schedule 26, page 291, line 41, at end insert—

'Countryside and Rights of Way Act 2000 (c.37)

In section 81, subsections (2) and (3).'

No. 178, in

schedule 26, page 293, line 3, at end insert—

'Bail Act 1976 (c.63)

In section 5(1)(c), the words ''a court or officer of a court appoints''.'

No. 750, in

schedule 26, page 293, line 8, at end insert—

'Criminal Procedure and Investigations Act 1996 (c.25)

In Schedule 4, paragraph 16.'.

No. 959, in

schedule 26, page 293, line 8, at end insert—

'Criminal Appeal (Northern Ireland) Act 1980 (c.47)

In section 19(1A)(a), the words ''application for leave to''.'.

—[Hilary Benn.]

Schedule 26, as amended, agreed to.