Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Cross Heading: Restriction of liberty orders is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Restriction of liberty orders]S

Textual Amendments

F1Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

[F2245A Restriction of liberty orders.S

(1)Without prejudice to section 245D of this Act, where a person F3. . . is convicted of an offence [F4punishable by imprisonment] (other than an offence the sentence for which is fixed by law) the court, F5. . . may [F6, instead of imposing on him a sentence of, or including, imprisonment or any other form of detention,] make an order under this section (in this Act referred to as a “restriction of liberty order”) in respect of him. F7. . .

(2)A restriction of liberty order may restrict the offender’s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision—

(a)requiring the offender to be in such place as may be specified for such period or periods in each day or week as may be specified;

(b)requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

F8. . . .

[F9(2A)In making a restriction of liberty order containing provision under subsection (2)(a), the court must ensure that the offender is not required, either by the order alone or the order taken together with any other relevant order or requirement, to be in any place or places for a period or periods totalling more than 12 hours in any one day.

(2B)In subsection (2A), “other relevant order or requirement” means—

(a)any other restriction of liberty order in effect in respect of the offender at the time the court is making the order referred to in subsection (2A), and

(b)any restricted movement requirement under section 227ZF in effect in respect of the offender at that time.]

(3)A restriction of liberty order may be made for any period up to 12 months.

(4)Before making a restriction of liberty order, the court shall explain to the offender in ordinary language—

(a)the effect of the orderF10...;

(b)the consequences which may follow any failure by the offender to comply with the requirements of any order; and

(c)that the court has power under section 245E of this Act to review the order on the application either of the offender or of any person responsible for monitoring the order,

and the court shall not make the order unless the offender agrees to comply with its requirements.

(5)The clerk of the court by which a restriction of liberty order is made shall—

(a)cause a copy of the order to be sent—

[F11(i)]to any person who is to be responsible for monitoring the offender’s compliance with the order; [F12 and

(ii)if the offender resides (or is to reside) in a place outwith the jurisdiction of the court making the order, to the clerk of a court within whose jurisdiction that place is;] and

(b)cause a copy of the order to be given to the offender or sent to him by registered post or by the recorded delivery service; and an acknowledgment or certificate of delivery of a letter containing such copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgment or certificate.

(6)Before making a restriction of liberty order which will require the offender to remain in a specified place or places the court shall [F13

(a)] obtain and consider [F14 a [F15written] report by an officer of a local authority about—

(i)the place or places proposed to be specified; and

[F16(ia)the suitability of what is proposed (particularly with a view to maximising the prospect of the offender's compliance with the order and minimising the risk of reoffending by the offender);]

(ii)] the attitude of persons likely to be affected by the enforced presence there of the offender [F17; and

(b)if it considers it necessary, hear the officer who prepared the report.]

(7)A restriction of liberty order shall be taken to be a sentence for the purposes of this Act and of any appeal.

(8)The Secretary of State may by regulations prescribe—

(a)which courts, or class or classes of courts, may make restriction of liberty orders;

(b)what method or methods of monitoring compliance with such orders may be specified in any such order by any such court; and

(c)the class or classes of offenders in respect of which restriction of liberty orders may be made,

and different provision may be made in relation to the matters mentioned in paragraphs (b) and (c) above in relation to different courts or classes of court.

F18(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Regulations under subsection (8) above may make such transitional and consequential provisions, including provision in relation to the continuing effect of any restriction of liberty order in force when new regulations are made, as the Secretary of State considers appropriate.

(11)A court shall not make a restriction of liberty order which requires an offender to be in or, as the case may be, not to be in, a particular place or places unless it is satisfied that his compliance with that requirement can be monitored by the means of monitoring which it intends to specify in the order.

[F19(11A)A court shall not make a restriction of liberty order in respect of an offender who is under 16 years of age unless, having obtained a report on the offender from the local authority in whose area he resides, it is satisfied as to the services which the authority will provide for his support and rehabilitation during the period when he is subject to the order.]

(12)The Secretary of State may by regulations substitute for the period of—

(a)hours for the time being mentioned in [F20subsection (2A)] above; or

(b)months for the time being mentioned in subsection (3) above,

such period of hours or, as the case may be, months as may be prescribed in the regulations.

(13)Regulations under this section shall be made by statutory instrument.

(14)A statutory instrument containing regulations made under subsection (8) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(15)No regulations shall be made under subsection (12) above unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F2Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

F11Words in s. 245A(5)(a) renumbered as s. 245A(5)(a)(i) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(2)(a), 89; S.S.I. 2003/288, art. 2, Sch.

F12S. 245A(5)(a)(ii) and preceding word inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(2)(b), 89; S.S.I. 2003/288, art. 2, Sch.

F13Words in s. 245A(6) renumbered (4.10.2004) as s. 245(6)(a) by virtue of Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 35(a); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F14Words in s. 245A(6)(a) substituted (4.10.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5, ss. 25, 27(1), {Sch. para. 35(b)}; S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F17S. 245A(6)(b) and preceding word inserted (4.10.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 35(c); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F21245B Monitoring of restriction of liberty orders.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22245C Remote monitoring.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23245D Combination of restriction of liberty order with other orders.S

(1)Subsection (3) applies where the court—

(a)intends to make a restriction of liberty order under section 245A(1) of this Act; and

(b)considers it expedient that the offender should also be subject to

[F24(i)in the case of an offender who is under 16 years of age,] a [F25community payback order imposed under section 227A(1)] of this Act

[F26(ii)in the case of an offender who is 16 years of age or more, a [F27community payback order imposed under section 227A(1) of this Act or]] a drug treatment and testing order made under section 234B(2) of this Act F28. . . .

(2)In deciding whether it is expedient to make a [F29community payback order] or a drug treatment and testing order by virtue of paragraph (b) of subsection (1) above, the court shall—

(a)have regard to the circumstances, including the nature of the offence and the character of the offender; and

(b)obtain a report as to the circumstances and character of the offender.

(3)Where this subsection applies, the court, notwithstanding sections F30. . . 234B(2) and 245A(1) of this Act, may make a restriction of liberty order and

[F31(a)in the case of an offender who is under 16 years of age, a [F32community payback order];

(b)in the case of an offender who is 16 years of age or more,] [F33either a community payback order or] a drug treatment and testing order.

(4)Where the court makes a restriction of liberty order and a [F34community payback order] by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to—

(a)any person responsible for monitoring the offender’s compliance with the restriction of liberty order; and

[F35(b)the local authority within whose area the offender will reside for the duration of each order.]

(5)Where the court makes a restriction of liberty order and a drug treatment and testing order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to—

(a)any person responsible for monitoring the offender’s compliance with the restriction of liberty order;

(b)the treatment provider, within the meaning of section 234C(1) of this Act; and

(c)the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act.

(6)F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (3) above—

(a)if the failure relates to a requirement [F37imposed by a community payback order and is dealt with under section 227ZC(7)(d)] of this Act, the court may, in addition, exercise the powers conferred by section F38. . . 245F(2) of this Act in relation to the restriction of liberty order;

(b)if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section F39. . . 245F(2)(b) of this Act in relation to the restriction of liberty order; and

(c)if the failure relates to a requirement contained in a restriction of liberty order and is dealt with under section 245F(2)(b) of this Act, the court may, in addition, exercise the powers conferred by section [F40227ZC(7)(d) of this Act in relation to a community payback order] and by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which, in either case, the offender is subject by virtue of subsection (3) above.

(8)In any case to which this subsection applies, the offender may, without prejudice to subsection (7) above, be dealt with as respects that case under section [F41227ZC] or, as the case may be, section 234G or section 245F(2) of this Act but he shall not be liable to be otherwise dealt with as respects that case.

(9)Subsection (8) applies in a case where—

(a)the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a [F42community payback order] to which he is subject by virtue of subsection (3) above;

(b)the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a drug treatment and testing order to which he is subject by virtue of subsection (3) above;

(c)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F44245DAFurther provision about multiple ordersS

(1)Subsection (2) applies where the court—

(a)makes any of the listed orders in relation to an offender, and

(b)knows that the offender is already subject to another of the listed orders.

(2)The clerk of court must send a copy of whichever of the listed orders is then made to—

(a)any person responsible for monitoring the offender's compliance with whichever of the other listed orders the offender is already subject to (so far as the person's identity can reasonably be ascertained), and

(b)the local authority within whose area the offender resides.

(3)The listed orders are—

(a)a restriction of liberty order,

(b)a community payback order,

(c)a drug treatment and testing order.

(4)In the listed orders, the reference to a community payback order does not include such an order if imposed under section 227M(2).]

[F45245E Variation of restriction of liberty order.S

(1)Where a restriction of liberty order is in force either the offender or any person responsible for monitoring his compliance with the order may

[F46(a)][F47except in a case to which paragraph (b) below applies,] apply to the court which made the order [F48 or]

[F49(b)where a copy of the order was, under section 245A(5)(a)(ii) of this Act or subsection (7)(a) below, sent to the clerk of a different court, [F50apply] to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),]

for a review of it.

(2)On an application made under subsection (1) above, and after hearing both the offender and any person responsible for monitoring his compliance with the order, the court may by order, if it appears to it to be in the interests of justice to do so—

(a)vary the order by—

(i)amending or deleting any of its requirements;

(ii)inserting further requirements; or

(iii)subject to subsection (3) of section 245A of this Act, increasing the period for which the order has to run; or

(b)revoke the order.

(3)Where the court, on the application of a person other than the offender, proposes to—

(a)exercise the power conferred by paragraph (a) of subsection (2) above to vary (otherwise than by deleting a requirement) a restriction of liberty order, it shall issue a citation requiring the offender to appear before the court and section 245A(4) shall apply to the variation of such an order as it applies to the making of an order; and

(b)exercise the power conferred by subsection (2)(b) above to revoke such an order and deal with the offender under section 245G of this Act, it shall issue a citation requiring him to appear before the court.

[F51(3A)The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act.]

(4)If an offender fails to appear before the court after having been cited in accordance with subsection (3) above, the court may issue a warrant for his arrest.

[F52(4A)Before varying a restriction of liberty order so as to require the offender to remain in a specified place or places or so as to specify a different place or different places in which the offender is to remain, the court shall—

(a)obtain and consider a [F53written] report by an officer of a local authority about—

(i)the place or places proposed to be specified, and

[F54(ia)the suitability of what is proposed (particularly with a view to maximising the prospect of the offender's compliance with the order and minimising the risk of reoffending by the offender);]

(ii)the attitude of persons likely to be affected by any enforced presence there of the offender; and

(b)if it considers it necessary, hear the officer who prepared the report.]

[F55(5)Where a reason for an application by the offender under subsection (1) above is that he proposes to reside in a place outwith the jurisdiction of the court to which that application is made, and the court is satisfied that suitable arrangements can be made, in the district where that place is, for monitoring his compliance with the order it may—

(a)vary the order to permit or make practicable such arrangements; and

(b)where the change in residence necessitates or makes desirable a change in who is designated for the purpose of such monitoring, vary the order accordingly.

(6)Before varying a restriction of liberty order for the reason mentioned in subsection (5) above, the court shall—

(a)if the order will require the offender to remain in a specified place or in specified places—

[F56(i)] obtain and consider [F57a report by an officer of a local authority about [F58the same matters as are to be included in a report under subsection (4A)(a);]] [F59 and

(ii)if it considers it necessary, hear the officer who prepared the report;] and

(b)satisfy itself that his compliance with that requirement can be monitored by the means of monitoring specified, or which it intends to specify, in the order.

(7)Where a restriction of liberty order is varied as is mentioned in subsection (5) above, the clerk of the court shall send a copy of the order as so varied to—

(a)the clerk of a court within whose jurisdiction the place of proposed residence is;

(b)the person who, immediately before the order was varied, was responsible for monitoring the person’s compliance with it; and

(c)the person who, in consequence of the variation, is to have that responsibility.

(8)If, in relation to an application made for such reason as is mentioned in subsection (5) above, the court is not satisfied as is mentioned in that subsection, it may—

(a)refuse the application; or

(b)revoke the order.]]

Textual Amendments

F45Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

F46Words in s. 245E(1) renumbered as s. 245E(1)(a) (27.6.2003) by virtue of Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(3)(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F56Words in s. 245E(6)(a) renumbered (4.10.2004) as s. 245E(6)(a)(i) by virtue of Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 37(b)(i); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F59S. 245E(6)(a)(ii) and preceding word inserted (4.10.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 37(b)(iii); S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

[F60245F Breach of restriction of liberty order.S

(1)If at any time when a restriction of liberty order is in force it appears

[F61(a)][F62except in a case to which paragraph (b) below applies,] to the court which made the order[F63 or]

[F64(b)where a copy of the order was, under section 245A(5)(a)(ii) or 245E(7)(a) of this Act, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),]

that the offender has failed to comply with any of the requirements of the order the court [F65in question] may issue a citation requiring the offender to appear before [F66it] at such time as may be specified in the citation or, if it appears to [F67that court] to be appropriate, it may issue a warrant for the arrest of the offender.

[F68(1A)The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act.]

(2)If it is proved to the satisfaction of [F69that court] that the offender has failed without reasonable excuse to comply with any of the requirements of the order [F70it] may by order—

(a)without prejudice to the continuance in force of the order, impose a fine not exceeding level 3 on the standard scale;

(b)vary the restriction of liberty order; or

(c)revoke that order.

[F71(2A)For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.]

(3)A fine imposed under this section in respect of a failure to comply with the requirements of a restriction of liberty order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.

(4)Where [F72a court] varies a restriction of liberty order under subsection (2) above it may do so in any of the ways mentioned in paragraph (a) of section 245E(2) of this Act.]

Textual Amendments

F60Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

F61Words in s. 245F(1) renumbered (27.6.2003) as s. 245F(1)(a) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(1)(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.

[F73245G Disposal on revocation of restriction of liberty order.S

(1)Where the court revokes a restriction of liberty order under section 245E(2)(b) or 245F(2) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made, but in so doing the court shall have regard to the time for which the order has been in operation.

(2)Where the court revokes a restriction of liberty order as mentioned in subsection (1) above, and the offender is, [F74in respect of the same offence, also subject to a community payback order or a drug treatment and testing order, by virtue of section 245D(3), it shall before disposing of the offender under subsection (1) above, revoke the community payback order or drug treatment and testing order.]

[F75(3)Where the court orders a [F76community payback order] or a drug treatment and testing order revoked the clerk of the court shall forthwith give copies of that order to the persons mentioned in subsection (4) or, as the case may be, (5) of section 245D of this Act.

(4)F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F73Ss. 245A-245I inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

F78245H Documentary evidence in proceedings under section 245F.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79245I Procedure on variation or revocation of restriction of liberty order.S

Where a court exercises any power conferred by sections 232(3A), 245E(2) or 245F(2)(b) or (c) of this Act, the clerk of the court shall forthwith give copies of the order varying or revoking the restriction of liberty order to any person responsible for monitoring the offender’s compliance with that order and that person shall give a copy of the order to the offender.]

Textual Amendments

F79Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

[F80245J[F80Breach of certain orders: adjourning hearing and remanding in custody etc.]S

(1)Where [F81an] offender appears before the court in respect of his apparent failure to comply with a requirement of, as the case may be, a [F82community payback order], drug treatment and testing order, F83. . . or restriction of liberty order the court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with him, adjourn the hearing.

(2)Where, under subsection (1) above, the court adjourns a hearing it shall remand the F84. . . offender in custody or on bail or ordain him to appear at the adjourned hearing.

(3)[F85A court shall not so adjourn a hearing for any single period exceeding four weeks or, on cause shown, eight weeks.]

[F85The court may adjourn a hearing under subsection (1) for such period as it considers appropriate.]

(4)[F86An] offender remanded under this section may appeal against the refusal of bail, or against the conditions imposed, within 24 hours of his remand.

(5)Any such appeal shall be [F87to the [F88appropriate Appeal Court] by note of appeal, and the [F88appropriate Appeal Court]], either in court or in chambers, may after hearing F89. . . the appellant—

(a)review the order appealed against and either grant bail on such conditions as it thinks fit or ordain the appellant to appear at the adjourned hearing; or

(b)confirm the order.

[F90(6)A note of appeal under subsection (5) above is to be—

(a)lodged with the clerk of the court from which the appeal is to be taken; and

(b)sent without delay by that clerk (where not the [F91clerk of the appropriate Appeal Court]) to the [F91clerk of the appropriate Appeal Court].]

[F92(7)In this section—

  • “appropriate Appeal Court” means—

    (a)

    in the case of an appeal under subsection (4) against a decision of the High Court, that Court;

    (b)

    in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and

  • “the clerk of the appropriate Appeal Court” means—

    (a)

    in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;

    (b)

    in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.]]

Textual Amendments

F85S. 245J(3) substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 2 para. 1(5) (with s. 9)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Part

The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Part as a PDF

The Whole Part you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.