PART XIU.K. Sentencing

[F1Antisocial behaviour orders]S

Textual Amendments

F1Ss. 234AA, 234AB and cross-heading inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 118, 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F2[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 [F3JP court] according to whether the order has been made by a sheriff or [F3JP court] , but in a case where an order has been made by a [F3JP court] and there is no [F3JP 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

F2S. 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)

F3Words 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