SCHEDULES

SCHEDULE 5 Transitional provisions and savings

Transfers of prisoners from Scotland to England and Wales

11

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2

In relation to any prisoner to whom the existing provisions apply, paragraph 10 of Schedule 1 to this Act shall have effect as if—

a

references in sub-paragraph (2) to F2sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M1Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, F2the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18 or 39 of that Act;

b

references in sub-paragraph (5) to F3sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

c

the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act F4. . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

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F4. . .In sub-paragraph (2) above—

a

the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

b

any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.