Coronavirus (Scotland) Act 2020

Community orders: variation

15 (1) The Scottish Ministers may by regulations vary requirements imposed in community payback orders and drug treatment and testing orders.

(2) Regulations under sub-paragraph (1) may—

(a) make different provision for different descriptions of—

(i) order,

(ii) requirement imposed under an order,

(iii) offender in respect of whom the order is imposed,

(iv) offence the offender is convicted of,

(b) revoke orders,

(c) revoke requirements.

(3) Regulations under sub-paragraph (1) may not—

(a) modify the amount of compensation required to be paid under a compensation requirement,

(b) increase the total amount of hours specified in an unpaid work or other activity requirement,

(c) increase or extend the period for which a requirement is imposed,

(d) increase the period during which an offender must be at a specified place or not be at a specified place or class of place under a restricted movement requirement.

(4) Regulations under sub-paragraph (1) may be made only if the Scottish Ministers are satisfied that—

(a) the variations will not make the orders to which the regulations apply more onerous to comply with, and

(b) either—

(i) if the regulations were not made, it is likely that there will be a failure to comply with a requirement imposed by one or more of the orders to which the regulations apply as a result of coronavirus, or

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

(5) Regulations under sub-paragraph (1) are subject to the affirmative procedure.

(6) The relevant local authority in relation to a community payback order or drug treatment and testing order to which regulations made under sub-paragraph (1) apply must inform the offender of the effect of the regulations on the order.