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The Community Payback Orders (Prescribed Persons for Consultation) (Scotland) Regulations 2011

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Scottish Statutory Instruments

2011 No.1

Criminal Law

The Community Payback Orders (Prescribed Persons for Consultation) (Scotland) Regulations 2011

Made

5th January 2011

Laid before the Scottish Parliament

7th January 2011

Coming into force

1st February 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 227ZL(2) of the Criminal Procedure (Scotland) Act 1995(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Community Payback Orders (Prescribed Persons for Consultation) (Scotland) Regulations 2011 and come into force on 1st February 2011.

Prescribed persons for the purpose of annual consultation

2.  The following persons and classes of person are prescribed for the purposes of section 227ZL(2) of the Criminal Procedure (Scotland) Act 1995:—

(a)the Chief Constable for the area of the local authority;

(b)the Sheriff Principal within whose jurisdiction the local authority area lies;

(c)organisations representative of victims of crime;

(d)voluntary organisations within the local authority’s area;

(e)one or more community council within the local authority’s area;

(f)one or more community planning partnership within the local authority’s area; and

(g)one or more community safety partnership within the local authority’s area.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th January 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to offenders subject to community payback orders. Provisions introducing community payback orders were incorporated into the Criminal Procedure (Scotland) Act 1995 by section 14 of the Criminal Justice and Licensing (Scotland) Act 2010.

Section 227ZL(1) of the Criminal Procedure (Scotland) Act 1995 requires local authorities to undertake annual consultations. The purpose of such consultations is to seek views about unpaid work and other activities undertaken by offenders subject to a community payback order in the local authority’s area. Regulation 2 lists those persons or classes of person that a local authority is required to consult.

(1)

1995 c.46; section 227ZL was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 asp 13 section 14.

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