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PART 5 LIFE PRISONERS TRANSFERRED UNDER THE MENTAL HEALTH ACTS

75 This Part of this schedule applies to a life prisoner—

(a) to whom—

(i) section 80 (removal to Scotland of patients from England and Wales) of the Mental Health Act 1983 (c. 20) applies; or

(ii) to whom section 81 (removal to Scotland of patients from Northern Ireland) of the Mental Health (Scotland) Act 1984 (c. 36) applies; and

(b) who was transferred to Scotland before the relevant date.

76 In this Part of this schedule—

• “life prisoner” and “punishment part” have respectively the same meanings as they have in Part 1 of this schedule;

• “relevant date” means the date when this Part of this schedule comes into force.

77 Paragraphs 51 to 74 of Part 4 of this schedule apply to a life prisoner to whom this Part applies, except a prisoner such as is mentioned in paragraph 78 below, as if section 10 of the 1993 Act had applied to the prisoner when the prisoner was transferred and as if the prisoner were an existing transferred life prisoner within the meaning of that Part.

78 Section 10(1) of the 1993 Act, as amended by this Act, applies to a life prisoner—

(a) to whom this Part of this schedule applies; and

(b) to whom, had the prisoner been transferred after the relevant date, section 10(1) would have applied.

PART 6 EXISTING MEMBERS OF THE PAROLE BOARD

79 Subject to paragraphs 80 to 83 below, the modifications made by section 5 of this Act have effect as respects existing members.

80 Any period of appointment occurring prior to—

(a) an existing member’s most recent appointment or reappointment; and

(b) the coming into force of section 5 of this Act,

shall be disregarded for the purposes of paragraph 2E of Schedule 2 to the 1993 Act.

81 Any existing member whose current appointment proceeded upon selection following public advertisement seeking applications for membership of the Board shall, for the purposes of Schedule 2 to the 1993 Act and notwithstanding the terms of the instrument of appointment of the member, be regarded, on the commencement of section 5 of this Act as serving a period of appointment of six years in accordance with that Schedule beginning with the date when that current appointment began.

82 An existing member whose current appointment proceeded otherwise than as mentioned in paragraph 81 above shall, for the purposes of Schedule 2 to the 1993 Act, be regarded on the commencement of section 5 of this Act as serving whichever of the following expires later—

(a) the period of appointment provided for in the member’s instrument of appointment; or

(b) a period of appointment of six years beginning with the date when the member was first appointed to the Parole Board.

83 In this Part of this schedule—

• “existing member” means a person who is a member of the Parole Board when section 5 of this Act comes into force;

• “current appointment”, in relation to any existing member, means the appointment then held by that member;

• “public advertisement” means advertisement in a newspaper circulating throughout Scotland.