Criminal Justice and Licensing (Scotland) Act 2010

This section has no associated Explanatory Notes

22(1)Section 245D (combination of restriction of liberty orders with other orders) is amended as follows.S

(2)In subsection (1)(b)—

(a)in sub-paragraph (i), for “probation order made under section 228(1)” substitute “ community payback order imposed under section 227A(1) ”, and

(b)in sub-paragraph (ii)—

(i)for “probation order made under section 228(1) of this Act,” substitute “ community payback order imposed under section 227A(1) of this Act or ”, and

(ii)the words “or both such orders” are repealed.

(3)In subsection (2), for “probation order” substitute “ community payback order ”.

(4)In subsection (3)—

(a)the word “228(1),” is repealed,

(b)in paragraph (a), for “probation order” substitute “ community payback order ”, and

(c)in paragraph (b), for “either or both of a probation order and” substitute “ either a community payback order or ”.

(5)In subsection (4)—

(a)for “probation order” substitute “ community payback order ”, and

(b)for paragraph (b) substitute—

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

(6)Subsection (6) is repealed.

(7)In subsection (7)—

(a)in paragraph (a)—

(i)for “contained in a probation order and is dealt with under section 232(2)(c)” substitute “ imposed by a community payback order and is dealt with under section 227ZC(7)(d) ”, and

(ii)the words from “234G(2)(b)” to “section” where it third occurs are repealed,

(b)in paragraph (b), the words from “232(2)(c)” to “section” where it third occurs are repealed, and

(c)in paragraph (c), for “232(2)(c) of this Act in relation to a probation order” substitute “ 227ZC(7)(d) of this Act in relation to a community payback order ”.

(8)In subsection (8), for “232(2)” substitute “ 227ZC ”.

(9)In subsection (9)—

(a)in paragraph (a), for “probation order” substitute “ community payback order ”, and

(b)paragraph (c) is repealed.

Commencement Information

I1Sch. 2 para. 22 in force at 1.2.2011 by S.S.I. 2010/413, art. 2, Sch. (with art. 3)