Textual Amendments
F1Sch. 4 para. 3: words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(b)(2); S.I. 2001/919, art. 2(f)(i)
3(1)Where a court considering the making of a [F2community punishment order] is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 46 of this Act ([F2community punishment orders]) shall have effect as if subsections (6), (7) and (9) to (13) were omitted and as if after subsection (5) there were inserted the following subsection—U.K.
“(5A)A court shall not make a [F2community punishment 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 offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 238 of the M1Criminal Procedure (Scotland) Act 1995; and
(b)it appears to the court that provision can be made for him to perform work under those arrangements.”,
and, accordingly, section 47 and the reference to it in section 46(1) shall not apply.
(2)Where a [F2community punishment 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)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 offender proposes to reside or is residing to perform work under community service orders made under section 238 of the M2Criminal Procedure (Scotland) Act 1995, and
(c)it appears to the court that provision can be made for him to perform work under the [F2community punishment 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 [F2community punishment order] made or amended in accordance with this paragraph shall—
(a)specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and
(b)require the council constituted under section 2 of the M3Local Government etc. (Scotland) Act 1994 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 sections 239 to 245 of the M4Criminal Procedure (Scotland) Act 1995.
Textual Amendments
F2Words in Sch. 4 para. 3(1)-(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
Marginal Citations