Coronavirus (Scotland) Act 2020

Community payback orders: extension of unpaid work or other activity requirements

12 (1) Sub-paragraph (2) applies to a community payback order—

(a) imposed on or before the day of Royal Assent,

(b) which imposes an unpaid work or other activity requirement (regardless of whether or not it also imposes any other requirement), and

(c) where the specified period to complete the requirement ends after that day.

(2) The order is to be read as if the specified period were extended by 12 months.

(3) The Scottish Ministers may by regulations provide that, in relation to a community payback order to which sub-paragraph (4) applies, the order is to be read as if the specified period to complete the unpaid work or other activity requirement (read in accordance with sub-paragraph (2) if it applies to the order) were extended by the amount of time specified in the regulations.

(4) This sub-paragraph applies to a community payback order—

(a) imposed on or before the day on which the regulations come into force,

(b) which imposes an unpaid work or other activity requirement (regardless of whether or not it also imposes any other requirement), and

(c) where the specified period to complete the requirement (read in accordance with sub-paragraph (2) if it applies to the order) ends after that day.

(5) Regulations under sub-paragraph (3) may be made only if the Scottish Ministers are satisfied that—

(a) if the regulations were not made, it is likely that there will be a failure to comply with an unpaid work or other activity requirement in one or more community payback orders as a result of coronavirus, or

(b) the making of the regulations is necessary in response to the effect of coronavirus on local authorities or the Scottish Courts and Tribunals Service.

(6) Regulations under sub-paragraph (3) are subject to the affirmative procedure.

(7) The relevant local authority in relation to a community payback order to which sub-paragraph (2) or regulations made under sub-paragraph (3) applies must inform the offender of the effect of sub-paragraph (2) or, as the case may be, the regulations on the order.