Prisons (Scotland) Act 1989

Section 45(1).

SCHEDULE 2S Amendment of enactments

Children and Young Persons (Scotland) Act 1937S

1In section 57(3) of the M1Children and Young Persons (Scotland) Act 1937, for the word “206” there shall be substituted the words “205 or 206”, and after the word “1975” there shall be inserted the words “or section 25 of the Prisons (Scotland) Act 1989”.

2SIn section 87(1) and (3) of that Act, after the words “Act 1975” there shall be inserted the words “and of the Prisons (Scotland) Act 1989”.

Army Act 1955S

3In section 71AA(6B) of the M2Army Act 1955 and in paragraph 10(6B) of Schedule 5A to that Act, for the words “Section 12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “Section 32 of the Prisons (Scotland) Act 1989”.

Air Force Act 1955S

4In section 71AA(6B) of the M3Air Force Act 1955 and in paragraph 10(6B) of Schedule 5A to that Act, for the words “Section 12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “Section 32 of the Prisons (Scotland) Act 1989”.

Naval Discipline Act 1957S

5In section 43AA(6B) of the M4Naval Discipline Act 1957 and in paragraph 10(6B) of Schedule 4A to that Act, for the words “Section 12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “Section 32 of the Prisons (Scotland) Act 1989”.

6SIn section 88 of that Act, in subsection (3)(c), for the words from “thirty-five” to “1952” there shall be substituted the words “39 of the Prisons (Scotland) Act 1989”, and, in subsection (4), for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.

Criminal Justice Act 1961S

7SIn section 30(1)(b) of the M5Criminal Justice Act 1961, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.

Criminal Justice (Scotland) Act 1963S

8In Schedule 1 to the M6Criminal Justice (Scotland) Act 1963, in paragraph 13, for the words “paragraph 2 of this Schedule” there shall be substituted the words “section 30(3) of the Prisons (Scotland) Act 1989”.

Criminal Justice Act 1967S

9SIn section 69(2) of the M7Criminal Justice Act 1967, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.

Courts-Martial (Appeals) Act 1968S

10SIn section 52 of the M8Courts-Martial (Appeals) Act 1968, for paragraph (e) there shall be substituted the following paragraph—

“(e)section 39 of the Prisons (Scotland) Act 1989; or”.

Criminal Procedure (Scotland) Act 1975S

11SIn section 205A(1) of the M9Criminal Procedure (Scotland) Act 1975, for the words “61 of the Criminal Justice Act 1967” there shall be substituted the words “26 of the Prisons (Scotland) Act 1989”.

12SFor section 206(1) of that Act, there shall be substituted the following section—

“206 Detention of children convicted on indictment.

Subject to section 205 of this Act, where a child is convicted and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.”

13In sections 207(11) and 415(11) of that Act, for the words from the beginning to “shall apply” there shall be substituted the words “Section 18 (functions of Parole Board), section 24 (remission for good conduct) and sections 22, 26, 28 and 29 (release on licence) of the Prisons (Scotland) Act 1989 shall apply”.

14In sections 212 and 421 of that Act, in subsection (1), after the word “1967” there shall be inserted the words “or section 22(1) or section 26 of the Prisons (Scotland) Act 1989”, and, in subsection (2), for the words “12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “32 of the said Act of 1989”.

15In sections 214 and 423 of that Act—

(a)in subsection (1), for the words from “Schedule” to “1963” there shall be substituted the words “section 30 of the Prisons (Scotland) Act 1989”;

(b)in subsection (2)(b), for the words from “paragraph” to “1963” there shall be substituted the words “section 30(4) of the said Act of 1989”;

(c)in subsection (6), for the words from “Schedule” to “1963” there shall be substituted the words “section 30 of the said Act of 1989”;

(d)in subsection (7), for the words “the said Schedule” (where those words first occur) there shall be substituted the words “section 30 of the said Act of 1989”, and, in paragraph (a) thereof, for the words “paragraph 1 of the said Schedule” there shall be substituted the words “subsection (4) of the said section 30”; and

(e)in subsection (8), for the words “paragraph 3 of the said Schedule” there shall be substituted the words “subsection (5) of section 30 of the said Act of 1989”, and for the words from “section 14” to “1963” there shall be substituted the words “the said section 30”.

16SIn section 462(1) of that Act, for the words “Prisons (Scotland) Act 1952”, wherever these words occur, there shall be substituted the words “Prisons (Scotland) Act 1989”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980S

17In Schedule 1 to the M10Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in paragraph (v) of Group B of Part I, for the words “59(6) of the Criminal Justice Act 1967” there shall be substituted the words “18(5) of the Prisons (Scotland) Act 1989”.

Contempt of Court Act 1981S

18In section 15(6) of the M11Contempt of Court Act 1981, for the words “60 of the Criminal Justice Act 1967” there shall be substituted the words “22 of the Prisons (Scotland) Act 1989”.

Mental Health (Scotland) Act 1984S

19SIn section 74(8) of the M12Mental Health (Scotland) Act 1984, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.