Office of Public Sector Information
Section 32.
1 The substitution of this Act for the enactments repealed by this Act does not affect the continuity of the law.
2 Anything done (including subordinate legislation made) or having effect as done, under a provision reproduced in this Act shall have effect as if done under the corresponding provision of this Act.
3 References (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of this Act, as being, or as the case may require including, a reference to corresponding earlier provisions.
4 A reference (express or implied) in any enactment, instrument or other document to a provision reproduced in this Act shall (subject to any express amendment made by this Act) be construed, so far as is required for continuing its effect, as being or as the case may require as including a reference to the corresponding provision of this Act.
5 (1) The repeal by this Act of a transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving, in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act.
(2) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the operation of the saving so far as it is not specifically reproduced in this Act but remains capable of having effect.
6 The repeal of paragraph 2(5) of Schedule 3 to the [1973 c. 62.] Powers of Criminal Courts Act 1973 (contracts made or other things done by a probation committee before incorporation by virtue of the Justices of the Peace Act 1949) does not affect any property, rights or liabilities in relation to which it (or the corresponding provision of that Act of 1949) had effect.
7 The repeal of paragraph 3(4) of Schedule 3 to the Powers of Criminal Courts Act 1973 (employees of probation committee to be treated for certain purposes as if they were employees of justices) does not affect any provision to which it applied immediately before the commencement of this Act.
Section 32.
1 In any enactments amended by section 65(1) of the [1982 c. 48.] Criminal Justice Act 1982 (probation and after-care) which are not repealed by this Act, the designations “probation area”, “probation committee” and “probation service” shall continue to be substituted for the previous designations, notwithstanding the repeal by this Act of that section.
2 (1) The Metropolitan Magistrates' Courts Act 1959 shall be amended as follows.
(2) In section 3 (power of Receiver for the Metropolitan Police District to provide premises for probation purposes)—
(a) in subsection (1), for the words “inner London area”, in the first place they appear, there shall be substituted the words “inner London probation area”;
(b) in subsection (2), for the words from “subsection (3)” to the end there shall be substituted the words “section 20(2)(a) of the Probation Service Act 1993 (grants by the Secretary of State towards expenditure out of the metropolitan police fund under that Act) shall have effect as if the reference in subsection (1)(a) to the said Act included a reference to this section.”
(3) In section 4(2) (maximum permitted security for borrowing powers of Receiver), for the words “inner London area” in the second place they appear there shall be substituted the words “inner London probation area”.
3 (1) The Children and Young Persons Act 1969 shall be amended as follows.
(2) In section 13 (selection of supervisor)—
(a) in subsection (2), for the words from “on probation officers” to the end there shall be substituted the words “on probation officers by section 14, or by rules under section 25(1)(c), of the Probation Service Act 1993”;
(b) in subsection (3), for the words “made by” to the end there shall be substituted the words “made under section 4(1)(d) of the Probation Service Act 1993 (arrangements made by probation committee)”.
(3) In section 46 (discontinuance of certain institutions), in subsection (1), for the words from “or approved probation home” to “1973” there shall be substituted the words “within the meaning of the Probation Service Act 1993”.
(4) In Schedule 3 (approved schools etc.)—
(a) in paragraphs 6(1) and 9(2), for the words “section 51 of the Powers of Criminal Courts Act 1973” there shall be substituted the words “section 20 of the Probation Service Act 1993”;
(b) in paragraph 9(4), for the words “Schedule 3 to the Powers of Criminal Courts Act 1973” there shall be substituted the words “the Probation Service Act 1993”;
(c) in paragraph 10(4), after the word “1973” there shall be inserted the words “or under section 20 of the Probation Service Act 1993”.
4 In paragraph 2(b) of Schedule 12A to the Local Government Act 1972 (exempt information), for the words from “appointed” to “1973” there shall be substituted the words “within the meaning of the Probation Service Act 1993”.
5 In group B of Part I of Schedule 1 to the Juries Act 1974 (ineligible persons connected with administration of justice), for the words “Powers of Criminal Courts Act 1973” there shall be substituted the words “Probation Service Act 1993”.
6 In paragraph (l) of section 12(2) of the Local Government Finance Act 1982 (bodies whose accounts are subject to audit), for the words “inner London area” there shall be substituted the words “inner London probation area”.
7 In subsection (3)(e) of section 134 of the Mental Health Act 1983 (correspondence of patients), for the words from “probation” to “1973” there shall be substituted the words “probation committee (within the meaning of the Probation Service Act 1993);”.
8 In Schedule 2 to the Local Government Act 1988 (bodies which are public authorities for purposes of provisions relating to public supply or works contracts), for the entry relating to probation committees there shall be substituted the following entry— “A probation committee (within the meaning of the Probation Service Act 1993).”
9 (1) The Children Act 1989 shall be amended as follows.
(2) In section 58 (compensation on cessation etc. of community home), in subsection (4)(b), after the words “section 51(3)(c) of the Powers of Criminal Courts Act 1973” there shall be inserted the words “or section 20(1)(c) of the Probation Service Act 1993”.
(3) In Schedule 3 (supervision orders), in paragraph 9(2)(b) for the words following “probation officers” there shall be substituted the words “by section 14, or by rules under section 25(2)(c), of the Probation Service Act 1993.”
10 In subsection (1)(d) of section 15 of the Criminal Justice Act 1991 (regulation of community orders), for the words “paragraphs (a) to (c)” there shall be substituted the words “paragraph (c)” and for the words “those paragraphs” there shall be substituted the words “that paragraph”.
Probation Service Act 1993