Criminal Justice (Scotland) Act 1949

2 (1) If the court by which a probation order was made, or the appropriate court is satisfied that the probationer proposes to change or has changed his residence from the probation area named in the order to another probation area, the court may, and if application is made in that behalf by the probation officer shall, by order, amend the probation order by (a) substituting for the probation area named therein that other probation area, and (6) naming the appropriate court to which all the powers of the court by which the order was made shall be transferred, and which shall appoint a probation officer or officers for the aforesaid other probation area in lieu of the probation officer or officers named in the order.

(2) The court to be named as the appropriate court in any amendment of a probation order in pursuance of the last foregoing sub-paragraph shall be a court exercising jurisdiction in the place where the probationer resides or is to reside and shall be a sheriff court, a justice of the peace court or a burgh or police court according as the probation order was made by a sheriff court, a justice of the peace court or a burgh or police court:

Provided that—

(i) if there is no justice of the peace court or burgh or police court as the case may be exercising jurisdiction in the said place the court to be so named shall be the sheriff court; and

(ii) if the probation order contains requirements which in the opinion of the court cannot be complied with unless the probationer continues to reside in the probation area named in the order, the court shall not amend the order as aforesaid, unless in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes therefor other requirements which can be so complied with.

(3) Where a probation order is amended under this paragraph, the clerk of the court amending it shall send to the clerk of the appropriate court, four copies of the order together with such documents and information relating to the case as the court amending the order considers likely to he of assistance to the appropriate court, and the clerk of that court shall send one copy of the probation order to the probation committee of the substituted probation area, and two copies to the probation officer appointed by the appropriate court, one of which the probation officer shall give to the probationer.

(4) The foregoing provisions of this paragraph shall in the case where the probation order was made by the High Court of Justiciary have effect subject to the following modifications—

(a) the Court shall not name an appropriate court, but may substitute for the probation officer or officers named in the order another probation officer or other probation officers, and any salaried probation officer so substituted shall be selected from among the salaried probation officers for the area in which the probationer is to reside;

(b) the clerk of justiciary shall send to the clerk of the probation committee for the area in which the probationer is to reside three copies of the amending order together with such documents and information relating to the case as is likely to be of assistance to the committee, and the clerk of the committee shall send two copies of the amending order to the probation officer named therein, one of which the probation officer shall give to the probationer.