SCHEDULES
SCHEDULE 23Powers to amend the Sentencing Code
PART 5Youth rehabilitation orders
Responsible officer
I18
1
The Secretary of State may by regulations—
a
amend section 191 (meaning of “the responsible officer”), and
b
make any other amendments of—
i
Chapter 1 of Part 9 (youth rehabilitation orders), or
ii
any provision of this Act derived from Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing),
that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).
2
Regulations under sub-paragraph (1) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.
3
Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to amend limits
I2C19
1
The Secretary of State may by regulations substitute a maximum number of hours, or a period, for the time being specified in either of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—
a
paragraph 10(3) (unpaid work requirement), or
b
paragraph 18(4) (curfew requirement).
2
The Secretary of State may by regulations substitute a period for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—
a
paragraph 18(5) (curfew requirement);
b
paragraph 20(3) (exclusion requirement);
c
paragraph 24(4)(a) (local authority residence requirement);
d
paragraph 26(3)(a) (fostering requirement).
3
Regulations under this paragraph which amend paragraph 26(3)(a) of Schedule 6 may also make consequential amendments of paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7.
4
Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to amend fines for breach of youth rehabilitation order
I310
1
The Secretary of State may by regulations amend any sum for the time being specified in paragraph 6(5)(a) or 7(2)(a) of Schedule 7 (fine on breach of youth rehabilitation order).
2
The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.
3
In sub-paragraph (2), “the relevant date” means—
a
3 December 2012, or
b
if the sum specified in paragraph 6(5)(a) or 7(2)(a) (as the case may be) of Schedule 7 has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted.
4
Regulations under this paragraph are subject to the negative resolution procedure.
Maximum period of fostering requirement where imposed by virtue of Schedule 7
I411
1
The Secretary of State may by regulations amend paragraph 10(10) or 17(6) of Schedule 7 by substituting, for—
a
the period of 18 months specified in the provision, or
b
any other period which may be so specified by virtue of previous regulations under this paragraph,
such other period as may be specified in the regulations.
2
Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland
I512
1
This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction.
2
The Secretary of State may by regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.
3
Regulations under this paragraph are subject to the negative resolution procedure.