The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011

Made: 19th January 2011

Coming into force: 1st February 2011

In accordance with section201(4) of that Act, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1

This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 and comes into force on 1stFebruary 2011.

Consequential and supplementary provisions

2

Subject to article3, the amendments specified in the Schedule have effect.

Savings provision

3

• (1) The amendments specified in the Schedule do not apply in relation to offences committed before 1stFebruary 2011.

• (2) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Order to have been committed on the first of those days.

SCHEDULE

PART 1 — Primary legislation

The Criminal Procedure (Scotland) Act 1995

1

• (1) The Criminal Procedure (Scotland) Act 1995[^f00002] is amended as follows.

• (2) In section227N[^f00003] (Offenders subject to more than oneunpaid work or other activity requirement)—

• (a) in subsection(1)(b), for the words from “community” to the end substitute—

of the following orders— (i) a community payback order imposing such a requirement on the same offender; (ii) a community service order under this Act in relation to the same offender; (iii) a probation order under this Act imposing an unpaid work requirement on the same offender; (iv) a supervised attendance order under this Act in relation to the same offender.

• (b) after subsection(1) insert—

(1A) In this section references to an “existing requirement” are— (a) in relation to a community payback order, to the unpaid work or other activity requirement imposed on the offender by the order; (b) in relation to a community service order or a probation order, to the unpaid work requirement imposed on the offender by the order; (c) in relation to a supervised attendance order, to the requirement imposed on the offender by the order by virtue of section235(2) of this Act.

; and

• (c) in subsection(5), the words “of unpaid work or activity” are repealed.

• (3) In section227ZC[^f00004] (Breach of community payback order) after subsection(9) insert—

(9A) Where under subsection(8)(a) the court revokes the order and imposes on the offender a period of imprisonment, liability to pay the fine in respect of which the order was imposed (or, as the case may be, any instalments of the fine that are unpaid on the date that the period of imprisonment is imposed) is discharged.

The Sexual Offences Act 2003

2

• (1) The Sexual Offences Act 2003[^f00005] is amended as follows—

• (2) In section82(1) (The notification period), in the Table, in the entry relating to a person in whose case an order for conditional discharge is made—

• (a) in the first column, for “a probation order” substitute “a community payback order imposing an offender supervision requirement”; and

• (b) in the second column for “the probation period” substitute “the specified period for the offender supervision requirement”.

• (3) In section111(c) (Appeals in relation to SOPOs and interim SOPOs: Scotland)—

• (a) in sub-paragraph(i)[^f00006], for “section106(1)(d) of the Criminal Procedure (Scotland) Act 1995 (c.46) (appeal against probation and community service orders)” substitute “section106(1)(dza) of the Criminal Procedure (Scotland) Act 1995 (c.46) (appeal against community payback order)”; and

• (b) in sub-paragraph(ii), for “section175(2)(c) of that Act (appeal against probation, community service and other orders)” substitute “section175(2)(cza) of that Act (appeal against community payback order)”.

• (4) In section113(3) (Offence: breach of SOPO or interim SOPO), for “probation order” substitute “community payback order”.

• (5) In section122(3) (Offence: breach of foreign travel order), for “probation order” substitute “community payback order”.

• (6) In section133(1) (Part2: general interpretation)—

• (a) in the definition of “community order”, for paragraph(b) substitute—

(b) a community payback order made under the Criminal Procedure (Scotland) Act 1995 (c.46);

• (b) the definitions of “probation order” and “probation period” are repealed; and

• (c) at the appropriate place, insert:—

“specified”, in relation to an offender supervision requirement, means specified in the requirement.

• (7) In section134(1) (Conditional discharges and probation orders)—

• (a) the words “or, in Scotland, a probation order” are repealed; and

• (b) in paragraph(c), the words “probation order or” are repealed.

PART 2 — Secondary legislation

The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989

3

In regulation3(f) (Services exempted from charges) of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989[^f00007], for “section184(1)” to the end, substitute “section227R of the Criminal Procedure (Scotland) Act 1995 (c.46), included by the Court as a requirement in a community payback order.”.

The Community Service by Offenders (Hours of Work) (Scotland) Order 1996

4

The Community Service by Offenders (Hours of Work) (Scotland) Order 1996[^f00008] is revoked.

The Prosecutor’s Right of Appeal in Summary Proceedings (Scotland) Order 1996

5

In article2(b) of the Prosecutor’s Right of Appeal in Summary Proceedings (Scotland) Order 1996[^f00009] for “a probation order, community service order or order” substitute “an order”.

The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001

6

In Schedule1 (Amendments) to the Postal Services Act 2000 (Consequential Modifications No.1) Order 2001[^f00010], paragraphs104(4) and (6) (relating to the Criminal Procedure (Scotland) Act 1995) are omitted.

The Community Care (Direct Payments) (Scotland) Regulations 2003

7

In regulation2(g) (Description of persons specified for the purposes of section12B(1) of the Act) of the Community Care (Direct Payments) (Scotland) Regulations 2003[^f00011], for “probation order in terms of sections228 to 230” substitute “community payback order imposed under section227A”.

The Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005

8

Regulation3 (Prescribed activities) of the Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005[^f00012] is omitted.

The Courts Act 2003 (Consequential Provisions) Order 2005

9

Paragraph52 (relating to the Criminal Procedure (Scotland) Act 1995) of the Schedule (Consequential Amendments) to the Courts Act 2003 (Consequential Provisions) Order 2005[^f00013] is omitted.

The Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 2007

10

In the Schedule (Persons specified for the purposes of section10(3) of the Management of Offenders etc. (Scotland) Act 2005) to the Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 2007[^f00014] for “section230A(5) (Requirement for remote monitoring in probation order)” substitute “section227ZI (Remote monitoring)”.

The Offender Management Act 2007 (Consequential Amendments) Order 2008

11

In Schedule1 (Amendments of Acts) to the Offender Management Act 2007 (Consequential Amendments) Order 2008[^f00015], paragraphs11(3), (4) and (5) (relating to the Criminal Procedure (Scotland) Act 1995) are omitted.

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

12

In Schedule5 (Amendments to Acts of Parliament, Acts of the Scottish Parliament and Northern Ireland legislation) to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009[^f00016], paragraph3 (Amendment of the Criminal Procedure (Scotland) Act 1995) is omitted.

Signed

KENNY MACASKILL — A member of the Scottish Executive — 19th January 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision in consequence of the Criminal Justice and Licensing (Scotland) Act 2010 which amongst other things, replaced community reparation orders, probation orders, supervised attendance orders and community service orders with community payback orders.

Article2 and the Schedule sets out various consequential and supplementary amendments to primary and secondary legislation. These amendments apply only in relation to offences committed on or after 1stFebruary 2011 (article3).

Footnotes

[^f00001]: 2010 asp 13.

[^f00002]: 1995 c.46.

[^f00003]: Section227N was inserted by section14 of the Criminal Justice and Licensing (Scotland) Act 2010 asp13.

[^f00004]: Section227ZC was inserted by section14 of the Criminal Justice and Licensing (Scotland) Act 2010 asp13.

[^f00005]: 2003 c.42.

[^f00006]: Paragraph(c) of section111 was inserted by section17(2)(c) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 asp9.

[^f00008]: S.I. 1996/1938.

[^f00009]: S.I. 1996/2548.

[^f00010]: S.I. 2001/1149.

[^f00011]: S.S.I. 2003/243, regulation2(g) was amended by Schedule1 paragraph45(2)(c) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order S.S.I 2005/445.

[^f00012]: S.S.I 2005/18.

[^f00013]: S.I. 2005/886.

[^f00014]: S.S.I. 2007/92.

[^f00015]: S.I. 2008/912.

[^f00016]: S.I 2009/1182.