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 2Northern Ireland

Further provision where offender resides or will reside in Northern Ireland

I113

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 probation 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

paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);

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 (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

d

in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).