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Powers of Criminal Courts Act 1973 (repealed)
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Changes over time for: Section 17A
Version Superseded: 01/10/1992
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- 01/02/1991- Amendment
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Point in time - 01/10/1992- Amendment
- Stop date 25/08/2000- Amendment
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F117A Making and amendment of community service orders relating to persons residing in Scotland.E+W
(1)Where a court considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in Scotland, section 14 above shall have effect as if the following subsection were substituted for subsection (2A)—
“(2A)A court shall not make a community service order in respect of any offender unless—
(a)the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offenders resides, or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and
(b)it appears to the court that provision can be made for him to perform work under those arrangements.”
(2)Where a community service order has been made and—
(a)a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;
(b)that court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978;
(c)it appears to that court that provision can be made for him to perform work under the community service order under those arrangements.
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.
(3)A community service order made or amended in accordance with this section shall—
(a)specify the locality in Scotland in which the offender resides or will be residing when the order or the amendment comes into force; and
(b)require the regional or islands council in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.
Textual Amendments
F1Ss. 17A-17C inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 68, Sch. 13
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