8(1)Where a court in Northern Ireland considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in Scotland, [F1Part II of the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if the following were substituted for Article 13(4)—U.K.
“(4)A court shall not make a community service order in respect of any offender unless the offender consents and—
(a)the court is satisfied after hearing (if the court thinks it necessary) a probation officer, that the offender is a suitable person to perform work under such an order; and
[F2(b)it appears to the court that provision can be made for the offender to perform work in the locality in Scotland where the offender resides, or will reside, under arrangements for persons to comply with a community payback order in the locality.”]]
(2)Where a community service order has been made by a court in Northern Ireland and—
(a)a court of summary jurisdiction F3... is satisfied that the offender proposes to reside or is residing in Scotland;
[F4(b)it appears to the court that provision can be made for the offender to perform work in the locality in Scotland where the offender resides, or will reside, under arrangements for persons to comply with a community payback order in the locality,]
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.
(3)A community service order made or amended in accordance with this paragraph shall—
(a)specify the locality in Scotland in which the offender resides or will be residing when the order or the amendment comes into force; and
(b)require the [F5local authority (meaning a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994)] in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of [F6community payback orders conferred on the responsible officer by the Criminal Procedure (Scotland) Act 1995].
[F7(4)In this paragraph “community payback order” means a community payback order imposed under section 227A of the Criminal Procedure (Scotland) Act 1995.]
Textual Amendments
F1Words in Sch. 13 para. 8(1) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 12(b); S.R. 1997/523, art. 2(i)
F2Words in Sch. 13 para. 8(1) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 11(2)(a) (with art. 4(4))
F3Words in Sch. 13 para. 8(2)(a) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 88(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F4Sch. 13 para. 8(2)(b) substituted for Sch. 13 para. 8(2)(b)(c) (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 11(2)(b) (with art. 4(4))
F5Words in Sch. 13 para. 8(3)(b) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 11(2)(c)(i) (with art. 4(4))
F6Words in Sch. 13 para. 8(3)(b) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 11(2)(c)(ii) (with art. 4(4))
F7Sch. 13 para. 8(4) inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 11(2)(d) (with art. 4(4))