Section 18 Power to add or alter requirementsI1I2

The Sentencing Act 2020 is amended as follows.

In section 407(1)(b) (regulations and rules), before the “or” before sub-paragraph (iii) insert—

“(iia)

paragraph 13A of Schedule 23 (power to add or alter requirements imposed by community orders and suspended sentence orders),”.

Section 407 extends to Scotland (as well as to England and Wales and Northern Ireland).

In section 414 (extent)—

In Schedule 23 (powers to amend Sentencing Code), after paragraph 13 (but in Part 6 of that Schedule) insert—

“Power to add or alter requirements

13A

(1)

The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to—

(a)

add a relevant requirement;

(b)

make provision about a relevant requirement added pursuant to paragraph (a);

(c)

alter provision about a relevant requirement that applies for the time being.

(2)

In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order.

(3)

Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(4)

Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force.

(5)

Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person.

(6)

Regulations under this paragraph are subject to the affirmative resolution procedure.”