In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners), after section 256A insert—
Power to change test for release following recall (256AZA) (1) The Secretary of State may by order change— (a) the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release; (b) the tests to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2); (c) the tests to be applied by the recall adjudicator in deciding how to determine a reference under section 255B(4), 255C(4) or 256A(1) or (2). (2) An order under subsection (1) may, in particular— (a) apply to people recalled before the day on which it comes into force as well as to people recalled on or after that day; (b) amend this Chapter.
In section 330(5)(a) of that Act (orders subject to affirmative procedure) at the appropriate place insert—
section 256AZA,