(introduced by section 77)
1 The Wildlife and Countryside Act 1981 (c. 69) is amended in accordance with the following paragraphs.
2 In each of sections 6(8) (regulations as to dealing in dead wild birds etc. after having been convicted of an offence under Part I of the Act) and 7(3) (keeping or possessing certain birds after having been so convicted), for paragraphs (a) and (b) there is substituted “within five years of his having been convicted of—
(a) an offence under this Part (being an offence relating to the protection of birds or other animals); or
(b) any other offence involving their ill-treatment,”.
3 In section 7(4) (offence relating to disposal etc. of certain birds), for paragraphs (a) and (b) there is substituted “within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3),”.
4 In section 19 (enforcement)—
(a) in subsection (1)(c), the words “if he fails to give his name and address to the constable’s satisfaction” are repealed; and
(b) in subsection (3), for paragraphs (a) and (b) there is substituted “an offence under this Part”.
5 In section 20 (summary prosecutions)—
(a) subsection (1) is repealed; and
(b) in subsection (2), for the words “to which this section applies” there is substituted “under this Part”.
6 In section 21 (penalties, forfeitures etc.)—
(a) for subsection (1) there is substituted—
“(1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.”;
(b) subsections (2) and (3) are repealed;
(c) in subsection (4), for paragraphs (a) and (b) there is substituted—
“(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.”; and
(d) in subsection (5), the words “(2) or (3)” are repealed.
(introduced by section 85)
1 Section 42 of the 1989 Act (exercise of powers to make rules, orders, etc.) is amended for the purposes of the existing provisions, within the meaning of Schedule 6 to the 1993 Act, as follows—
(a) in subsection (1), for the words “section 22(1A) or (2), 28(1A) or 37(1)” there is substituted “section 22(2) or 37(1)”; and
(b) in subsection (4), for the words “section 22(1A) or (2), 28(1A) of this Act” there is substituted “section 22(2) of this Act”.
2 (1) The 1993 Act is amended as follows.
(2) In section 1A (application of that Act to persons serving more than one sentence), in paragraph (c)(ii), after the word “specified” there is inserted “under”.
(3) In section 10 (life prisoners transferred to Scotland)—
(a) in subsection (2B), after paragraph (b) there are added the words “and in such a case subsection (3) below applies”; and
(b) in subsection (3)—
(i) after the word “applies” there is inserted “(whether by virtue of subsection (2) above or of subsection (2B) above)”; and
(ii) at the end, there are added the words “or as the case may be in the certificate or direction referred to in subsection (2D) above”.
(4) In section 45(3) (exercise of powers to make rules and orders), the words “or (6), 20(3)” are repealed.
3 (1) The 1995 Act is amended as follows.
(2) In each of sections 17A(1)(a) (right of person accused of sexual offence to be told about restriction on conduct of defence: arrest), 35(4A)(a) (judicial examination of accused), 66(6A)(a)(i) (citation and service of indictment), 140(2A)(a) (citation of accused in summary prosecution), 144(3A)(a) (procedure at first summary diet) and 146(3A)(a) (procedure in summary prosecution following not guilty plea), after the word “defence” there is added “and any proof ordered as is mentioned in section 288C(1) of this Act”.
(3) In section 220(1) (reduction in term of imprisonment by part payment of fine), after the word “imprisonment”, where it first appears, there is inserted “imposed under section 219 of this Act in respect of the fine”.
4 In Schedule 1 to the Crime and Punishment (Scotland) Act 1997, in paragraph 21(29), for the words “(5)” and “(6)” there is substituted “(6)” and “(7)” respectively.
5 In the schedule to the Convention Rights (Compliance) (Scotland) Act 2001—
(a) in paragraph 16, for the words “transferred life prisoner” there is substituted “existing life prisoner”; and
(b) in paragraph 19, for the word “subsection” there is substituted “paragraph”.