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(introduced by section 85)
1Section 42 of the 1989 Act (exercise of powers to make rules, orders, etc.) is amended for the purposes of the existing provisions, within the meaning of Schedule 6 to the 1993 Act, as follows—
(a)in subsection (1), for the words “section 22(1A) or (2), 28(1A) or 37(1)” there is substituted “section 22(2) or 37(1)”; and
(b)in subsection (4), for the words “section 22(1A) or (2), 28(1A) of this Act” there is substituted “section 22(2) of this Act”.
2(1)The 1993 Act is amended as follows.
(2)In section 1A (application of that Act to persons serving more than one sentence), in paragraph (c)(ii), after the word “specified” there is inserted “under”.
(3)In section 10 (life prisoners transferred to Scotland)—
(a)in subsection (2B), after paragraph (b) there are added the words “and in such a case subsection (3) below applies”; and
(b)in subsection (3)—
(i)after the word “applies” there is inserted “(whether by virtue of subsection (2) above or of subsection (2B) above)”; and
(ii)at the end, there are added the words “or as the case may be in the certificate or direction referred to in subsection (2D) above”.
(4)In section 45(3) (exercise of powers to make rules and orders), the words “or (6), 20(3)” are repealed.
3(1)The 1995 Act is amended as follows.
(2)In each of sections 17A(1)(a) (right of person accused of sexual offence to be told about restriction on conduct of defence: arrest), 35(4A)(a) (judicial examination of accused), 66(6A)(a)(i) (citation and service of indictment), 140(2A)(a) (citation of accused in summary prosecution), 144(3A)(a) (procedure at first summary diet) and 146(3A)(a) (procedure in summary prosecution following not guilty plea), after the word “defence” there is added “and any proof ordered as is mentioned in section 288C(1) of this Act”.
(3)In section 220(1) (reduction in term of imprisonment by part payment of fine), after the word “imprisonment”, where it first appears, there is inserted “imposed under section 219 of this Act in respect of the fine”.
4In Schedule 1 to the Crime and Punishment (Scotland) Act 1997, in paragraph 21(29), for the words “(5)” and “(6)” there is substituted “(6)” and “(7)” respectively.
5In the schedule to the Convention Rights (Compliance) (Scotland) Act 2001—
(a)in paragraph 16, for the words “transferred life prisoner” there is substituted “existing life prisoner”; and
(b)in paragraph 19, for the word “subsection” there is substituted “paragraph”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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