Armed Forces Act 2006

183Overseas community orders: modifications of 2003 Act
This section has no associated Explanatory Notes

(1)The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply in relation to overseas community orders—

  • section 197(1) and (2) (meaning of “the responsible officer”);

  • section 207(3)(a)(ii) (condition for mental health treatment requirement);

  • sections 210 and 211 (periodic review of drug rehabilitation requirement);

  • section 215 (electronic monitoring requirement);

  • section 216 (requirement to specify local justice area);

  • section 218 (availability of arrangements in local justice area etc).

(2)The references in sections 201(7) and 202(7) of the 2003 Act to the local probation board for the area in which the premises are situated are to be read in relation to an overseas community order as references to a local probation board.

(3)The court by which an overseas community order is made must (as well as complying with so much as is applicable of section 219 of the 2003 Act) provide a copy of the order without delay—

(a)to the offender’s commanding officer;

(b)if the offender is aged under 14, to his parent or guardian; and

(c)if the order imposes an education requirement under Schedule 6 to this Act, to Service Children’s Education.

(4)For the purposes of Part 12 of the 2003 Act “the responsible officer”, in relation to an offender to whom an overseas community order relates, means the officer of a local probation board who, as respects the offender, is for the time being responsible for discharging the functions conferred by that Part on the responsible officer.

(5)The power conferred on the Secretary of State by section 197(3)(a) of the 2003 Act includes power to amend subsection (4) above.