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The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999

Status:

This is the original version (as it was originally made).

PART IIPRISONERS TRANSFERRED BEFORE THE COMMENCEMENT OF CHAPTER II OF PART II OF THE 1997 ACT

Restricted transfers from England and Wales to Scotland

6.—(1) Where a person’s transfer under paragraphs 1(1)(b), 2(1)(b) or 3(1)(b) of Schedule 1 to the 1997 Act from England and Wales to Scotland is a restricted transfer and he is a person to whom Chapter II of Part II of the 1991 Act does not apply when the transfer is made, the functions of the Secretary of State under the following provisions of the 1991 Act but only to the extent that it is applied by paragraph 8(2) of Schedule 1 to the 1997 Act (as read with paragraph 9(2)(a) of Schedule 5 to the 1997 Act)–

  • sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners.

(2) Where a transfer under paragraph 4(1) of Schedule 1 to the 1997 Act of a person’s supervision from England and Wales to Scotland is a restricted transfer and he is a person to whom Chapter II of Part II of the 1991 Act does not apply when the transfer is made, the functions of the Secretary of State under the following provisions of the 1991 Act but only to the extent that it is applied by paragraph 8(4) of Schedule 1 to the 1997 Act (as read with paragraph 9(2)(b) of Schedule 5 to the 1997 Act)–

  • sections 37, 39, 43 and 46 of the 1991 Act, paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners.

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