SCHEDULES
SCHEDULE 11 Transitional provisions
Part II Specific provisions: replication of old transitional provisions
Sections 37, 41, 46 and 79 and Schedules 2, 3 and 6: consent requirements
4
1
In relation to an offence committed before 1st October 1997—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
section 41 of this Act shall have effect as if at the end of subsection (7) (but not as part of paragraph (c)) there were added the words “
and the court shall not make the order unless he expresses his willingness to comply with its requirements
”
;
c
section 46(4) of this Act shall have effect as if after the word “unless” there were inserted “
the offender consents and
”
;
d
section 79(3) of this Act shall have effect as if for the words from “he fails to” onwards there were substituted “
he refuses to give his consent to a community sentence which is proposed by the court and requires that consent
”
; and
e
Schedule 2 to this Act shall have effect as if there were omitted from each of paragraphs 5(4) and 6(5) paragraph (b) and the word “and” immediately preceding it.
F22
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F33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .