Regulation 6

ScheduleModification of provisions in the 2009 Act in their application to the Local Authority

1.  All references to provisions in this Schedule are to provisions in the 2009 Act.

2.  Section 86 has effect as if—

(a)in subsection (1), for each reference to “Secretary of State” there were substituted “Local Authority”,

(b)subsection (1)(b) were omitted but not “and” at the end,

(c)in subsection (1)(c), for “paragraphs (a) and (b)”, there were substituted “paragraph (a)”,

(d)in subsection (5), the words “(except so far as relating to facilities for persons subject to adult detention)” were omitted,

(e)in subsection (6), in the definition of “training”, paragraph (c) were omitted; and

(f)in subsection (7), the words “or (b)” were omitted.

3.  Section 87 has effect as if for each reference to “Secretary of State”, there were substituted “Local Authority”.

4.  Section 88 has effect as if in subsections (1), (2)(b), (2A), (3), (4)(b) and (6)(a) for each reference to “Secretary of State”, there were substituted “Local Authority”.

5.  Section 90 has effect as if—

(a)in subsection (1), for the first reference to “Secretary of State”, there were substituted “Local Authority”,

(b)in subsection (1)(a), for “section 86(1)(a) and (b)”, there were substituted “section 86(1)(a)”, and

(c)in subsection (1)(a), (b) and (c) for each reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”.

6.  Section 100 has effect as if—

(a)in subsection (1), for the reference to “Secretary of State”, there were substituted “Local Authority”,

(b)in subsection (1)(a), for the reference to “Secretary of State’s remit” there were substituted “Local Authority’s remit”,

(c)in subsection (1B), for the reference to “Secretary of State” there were substituted “Local Authority”,

(d)in subsection (3), for each reference to “Secretary of State” there were substituted “Local Authority”, and

(e)in subsection (4), for the reference to “Secretary of State” there were substituted “Local Authority”.

7.  Section 101(1) has effect as if for each reference to “Secretary of State” there were substituted “Local Authority”.

8.  Section 103(2) has effect as if—

(a)for the reference to “Secretary of State” there were substituted “Local Authority”, and

(b)the words “or (1A)” were omitted.

9.  Section 115(3) has effect as if—

(a)for the reference to “Secretary of State”, there were substituted “Local Authority”,

(b)in subsection (2)(a), the word “, and” were omitted, and

(c)in subsection (2), paragraph (b) were omitted.

10.  Section 121(4) has effect as if—

(a)in subsection (1), there were inserted at the appropriate place—

““Local Authority” means Cornwall Council;”,

(b)in subsection (2)—

(i)for the reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”, and

(ii)in paragraph (a), the words “or (b)” were omitted, and

(c)in subsection (3)—

(i)for the reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”, and

(ii)paragraphs (a) and (aa) were omitted.