SCHEDULES

F8SCHEDULE 13TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND

Annotations:

PART 1ENGLAND AND WALES

7

C11

In this Part—

  • F4...

  • F4...

  • “the appropriate Scottish court” means, in relation to an order to which paragraph 6 applies—

    1. a

      the court in Scotland which imposed the order by virtue of paragraph 1, or

    2. b

      where the order has been varied by virtue of paragraph 2 or 6(6)(b), the court in Scotland which made the last such variation;

  • “corresponding order” means—

    1. a

      in relation to an offender who is under the age of 18, a youth rehabilitation order within F3the meaning given by section 173 of the Sentencing Code,

    2. b

      in relation to any other offender, a community order within F5the meaning given by section 200 of that Code;

  • “the home court” means the magistrates’ court acting for the local justice area in which the offender resides or will reside;

  • “relevant area” means—

    1. a

      in relation to an offender who is under the age of 18, the area of the local authority F7... where the offender resides or will reside,

    2. b

      in relation to any other offender, the local justice area where the offender resides or will reside;

  • “relevant service” means—

    1. a

      in relation to an offender who is under the age of 18, F6a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams),

    2. b

      in relation to any other offender, a provider of a probation service within the meaning of Part 1 of the Offender Management Act 2007;

  • “responsible officer”—

    1. a

      in relation to an offender who is under the age of 18, has the meaning given in F9section 191 of the Sentencing Code,

    2. b

      in relation to any other offender, has the meaning given in F2section 213 of that Code.

F11A

For the purposes of the definition of “relevant area” in sub-paragraph (1), “local authority” means—

a

in relation to England—

i

a county council,

ii

a district council whose district does not form part of an area that has a county council,

iii

a London borough council, or

iv

the Common Council of the City of London in its capacity as a local authority, and

b

in relation to Wales—

i

a county council, or

ii

a county borough council.

2

Subject to sub-paragraph (1), any word or expression used in this Part which is also used in any of sections 227A to 227ZK of this Act has the same meaning as it has for the purposes of those sections.