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(1)A court may not make an intermittent custody order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the intermittent custody order and the notice has not been withdrawn.
(2)The court may not make an intermittent custody order in respect of any offender unless—
(a)it has consulted an officer of a local probation board,
(b)it has received from the Secretary of State notification that suitable prison accommodation is available for the offender during the custodial periods, and
(c)it appears to the court that the offender will have suitable accommodation available to him during the licence periods.
(3)In this section “custodial period”, in relation to a sentence to which an intermittent custody order relates, means any part of the sentence that is not a licence period.
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