Criminal Procedure (Scotland) Act 1995

F1 [234K Drug treatment and testing orders: interpretation. S

In sections 234B to 234J of this Act—

• “ the appropriate court ” means—

  (a)

  where the drug treatment and testing order has been made by the High Court, that court;

  (b)

  in any other case, the court having jurisdiction in the area of the local authority for the time being specified in the order under section 234C(6) of this Act, being a sheriff or [F2 JP court] according to whether the order has been made by a sheriff or [F2 JP court] , but in a case where an order has been made by a [F2 JP court] and there is no [F2 JP court] in that area, the sheriff court; and

• “ local authority ” means a council constituted under section 2 of the M1 Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted. ]

Textual Amendments

F1 S. 234K inserted (30.9.1998) by 1998 c. 37, s. 95(1); S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)

F2 Words in s. 234K(b) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 26(k); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

Marginal Citations

M1 1994 c.39.