Section 45 Detention of young defenders

Scotland

F1(1)

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(2)

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C1(3)

In the 1975 Act, sections 204 and 414 (Borstal training) and sections 209 and 418 (detention in detention centre) shall cease to have effect.

(4)

Without prejudice to any specific amendment made by this Act, in Scotland a reference in any enactment to which this subsection applies—

(a)

to a Borstal institution, shall be construed as a reference to a young offenders institution; and

(b)

to a period of training in a Borstal institution, shall be construed as a reference to a period of detention in a young offenders institution.

(5)

The enactments to which subsection (4) above applies are—

(a)

any Act passed before, or during the same session as, this Act; and

(b)

any subordinate legislation made before the commencement of this Act;

and in this subsection

“Act” and “subordinate legislation” have the same meanings as in the M1Interpretation Act 1978.

Annotations

F1: S. 45(1)repealed (1.4.1996) by 1995 c. 40, ss. 4, 6 Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)
F2: Ss. 44, 45(2) repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

C1: The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.