2(1)Where a court is considering the making or amendment of a community order by virtue of paragraph 1, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.U.K.
(2)Any reference to the responsible officer has effect as a reference to the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) responsible for the offender’s supervision [F1and for discharging in relation to him the functions of the responsible officer under sections 227A to 227ZK] of the Criminal Procedure (Scotland) Act 1995.
(3)The following provisions are omitted—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)subsection (4) of section 206 (residence requirement), and
(d)subsection (4) of section 218 (availability of arrangements in local area).
(4)In section 207 (mental health treatment requirement), for subsection (2)(a) there is substituted—
“(a)treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”.
(5)In section 215 (electronic monitoring requirement), in subsection (3), the words from “and” onwards are omitted.
Textual Amendments
F1Words in Sch. 9 para. 2(2) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 14(3) (with art. 4(4))
F2Sch. 9 para. 2(3)(a) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 7(3) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F3Sch. 9 para. 2(3)(b) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 16(3)(a), 22(1); S.I. 2015/40, art. 2(n)
Commencement Information
I1Sch. 9 wholly in force at 4.4.2009; Sch. 9 not in force at Royal Assent, see s. 336(3); Sch. 9 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 33 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)