Community Justice (Scotland) Act 2016

SCHEDULE 2 MINOR AND CONSEQUENTIAL MODIFICATIONS

(introduced by section 38)

PART 1 PRIMARY LEGISLATION

The Social Work (Scotland) Act 1968

1 (1) The Social Work (Scotland) Act 1968 is modified as follows.

(2) In section 27(1), for “Subject to any order or determination under section 8 of the Management of Offenders etc. (Scotland) Act 2005 (asp 14), it” substitute “It”.

(3) In section 27A—

(a) for subsection (1), substitute—

“(1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of expenditure incurred by that local authority in providing a relevant service.”,

(b) in subsection (1A)—

(i) in paragraph (a), after “27(1)” insert “or 27ZA”,

(ii) paragraph (b) is repealed,

(c) in subsection (2), for “(1)(c)” substitute “(1A)(c)”.

(4) In section 27B—

(a) for subsection (1), substitute—

“(1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of relevant expenditure.”,

(b) in subsection (1A), the words “as the case may be, those local authorities or” are repealed.

The Criminal Procedure (Scotland) Act 1995

2 In section 227ZM of the Criminal Procedure (Scotland) Act 1995—

(a) in subsection (1), for “the Scottish Ministers” substitute “Community Justice Scotland”,

(b) in subsection (3)—

(i) for “The Scottish Ministers” substitute “Community Justice Scotland”,

(ii) for “as soon as practicable after the end of” substitute “in relation to”,

(c) after subsection (3) insert—

“(3A) A report under subsection (3) must be laid before the Parliament, and published, together with, or as part of, the corresponding report under section 27 of the Community Justice (Scotland) Act 2016.

(3B) The reference in subsection (3A) to the corresponding report under section 27 of the Community Justice (Scotland) Act 2016 is, in relation to a report under subsection (3) for a particular reporting year, a reference to the report under that section which requires to be published as soon as reasonably practicable after that 31 March.”,

(d) for subsection (4), substitute—

“(4) In this section, “reporting year” means a year ending with 31 March.”.

The Ethical Standards in Public Life etc. (Scotland) Act 2000

3 In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000, the entry for a community justice authority is repealed.

The Freedom of Information (Scotland) Act 2002

4 In schedule 1 to the Freedom of Information (Scotland) Act 2002, paragraph 62A is repealed.

The Management of Offenders etc. (Scotland) Act 2005

5 (1) The Management of Offenders etc. (Scotland) Act 2005 is modified as follows.

(2) In section 1—

(a) in subsection (1), the words “community justice authorities” are repealed,

(b) in subsection (2)(b)(i)—

(i) the words “(or, by virtue of section 8, by a community justice authority)” are repealed,

(ii) the words “(or a community justice authority)” are repealed.

(3) In section 11—

(a) in subsection (2), paragraph (c) is repealed,

(b) after subsection (3), insert—

“(4) Publication, for the purposes of subsection (2)(b), must be in such manner as will ensure that the report is likely to come to the attention of the other community justice partners for the area of the local authority.

(5) The reference in subsection (4) to “the other community justice partners for the area of the local authority” is to the persons—

(a) who are community justice partners for the area of the local authority, but

(b) who are not responsible authorities for the area of the local authority.

(6) The reference in subsection (5)(a) to “community justice partners for the area of the local authority” has the same meaning as in the Community Justice (Scotland) Act 2016 (see section 13(2) of that Act).”.

(4) Sections 21(9), (11) and (12) are repealed.

(5) In section 23, the definition of “community justice authority” is repealed.

PART 2 SECONDARY LEGISLATION

Orders to do with community justice authorities

6 The following orders are revoked—

(a) the Management of Offenders etc. (Scotland) Act 2005 (Designation of Partner Bodies) Order 2006 (S.S.I. 2006/63),

(b) the Management of Offenders etc. (Scotland) Act 2005 (Supplementary Provisions) Order 2006 (S.S.I. 2006/389),

(c) the Management of Offenders etc. (Scotland) Act 2005 (Members’ Remuneration and Supplementary Provisions) Order 2008 (S.S.I. 2008/30).