SCHEDULES

C3C2C1SCHEDULE 11Transfer of community orders to Scotland or Northern Ireland

Annotations:
Modifications etc. (not altering text)
C3

Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C1

Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1Scotland

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule

I16

Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

a

any reference to the responsible officer were a reference to the local authority officer concerned;

b

the following provisions were omitted—

i

paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

ii

paragraph 31(2) (responsible person to be of prescribed description);

iii

paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);

c

in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

“in-patient treatment” means 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;