SCHEDULES

SCHEDULE 9 U.K. Transfer of community orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 9 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 180, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Part 3 U.K. General provisions

5 U.K. In this Part of this Schedule—

• “corresponding order” means the order specified under paragraph 1(6)(b) or 3(6);

• “home court” means—

  (a)

  if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside, and

  (b)

  if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

• “the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) responsible for his supervision or, as the case may be, discharging in relation to him the functions in respect of community service orders assigned by sections 239 to 245 of the Criminal Procedure (Scotland) Act 1995 (c. 46);

• “the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996;

• “the relevant time” means the time when the order or the amendment to it comes into force.

Commencement Information

I1 Sch. 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)