Paragraph 5 Restricted transfers from Scotland to England and WalesI1
United Kingdom
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of Schedule 1 to the 1997 Act from Scotland to England and Wales is a restricted transfer and he is a person to whom the existing provisions apply when the transfer is made, the functions of the Secretary of State under the provisions of the 1989 and 1993 Acts specified below but only to the extent they are applied by paragraph 10(2)(a) of Schedule 1 to the 1997 Act (as read with paragraph 11(2)(a) of Schedule 5 to the 1997 Act)f1–
in the 1989 Act, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 and Schedule 1 to the 1989 Act and any rules made under section 18 or 39; and
in the 1993 Act, Schedule 6.
Where a transfer under paragraph 4(1) of Schedule 1 to the 1997 Act of a person’s supervision from Scotland to England and Wales is a restricted transfer and he is a person to whom the existing provisions apply when the transfer is made, the functions of the Secretary of State under the following provisions of the 1989 Act and 1993 Act but only to the extent they are applied by paragraph 10(5) of Schedule 1 to the 1997 Act (as read with paragraph 11(2)(b) and (c) of Schedule 5 to the 1997 Act)–
in the 1989 Act, sections 18, 22, 28, 30, 32 and 43; and
in the 1993 Act, Schedule 6.
Annotations
Commencement
- I1
Sch. 3 para. 5 in force at 30.6.1999, see art. 1
Footnotes
- f1
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Paragraph 11(2) was amended by the Crime and Disorder Act 1998, Schedule 8, paragraph 138(2).