The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011
In accordance with section 201(4) of that Act, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement1.
This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 and comes into force on 1st February 2011.
Consequential and supplementary provisions2.
Subject to article 3, the amendments specified in the Schedule have effect.
Savings provision3.
(1)
The amendments specified in the Schedule do not apply in relation to offences committed before 1st February 2011.
(2)
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Order to have been committed on the first of those days.
St Andrew’s House,
Edinburgh
SCHEDULE
PART 1Primary legislation
The Criminal Procedure (Scotland) Act 1995
1.
(1)
(2)
(a)
“of the following orders—
(i)
a community payback order imposing such a requirement on the same offender;
(ii)
a community service order under this Act in relation to the same offender;
(iii)
a probation order under this Act imposing an unpaid work requirement on the same offender;
(iv)
a supervised attendance order under this Act in relation to the same offender.”;
(b)
“(1A)
In this section references to an “existing requirement” are—
(a)
in relation to a community payback order, to the unpaid work or other activity requirement imposed on the offender by the order;
(b)
in relation to a community service order or a probation order, to the unpaid work requirement imposed on the offender by the order;
(c)
in relation to a supervised attendance order, to the requirement imposed on the offender by the order by virtue of section 235(2) of this Act.”; and
(c)
in subsection (5), the words “of unpaid work or activity” are repealed.
(3)
“(9A)
Where under subsection (8)(a) the court revokes the order and imposes on the offender a period of imprisonment, liability to pay the fine in respect of which the order was imposed (or, as the case may be, any instalments of the fine that are unpaid on the date that the period of imprisonment is imposed) is discharged.”.
The Sexual Offences Act 2003
2.
(1)
(2)
In section 82(1) (The notification period), in the Table, in the entry relating to a person in whose case an order for conditional discharge is made—
(a)
in the first column, for “a probation order” substitute “a community payback order imposing an offender supervision requirement”; and
(b)
in the second column for “the probation period” substitute “the specified period for the offender supervision requirement”.
(3)
In section 111(c) (Appeals in relation to SOPOs and interim SOPOs: Scotland)—
(a)
(b)
in sub-paragraph (ii), for “section 175(2)(c) of that Act (appeal against probation, community service and other orders)” substitute “section 175(2)(cza) of that Act (appeal against community payback order)”.
(4)
In section 113(3) (Offence: breach of SOPO or interim SOPO), for “probation order” substitute “community payback order”.
(5)
In section 122(3) (Offence: breach of foreign travel order), for “probation order” substitute “community payback order”.
(6)
In section 133(1) (Part 2: general interpretation)—
(a)
“(b)
a community payback order made under the Criminal Procedure (Scotland) Act 1995 (c.46);”;
(b)
the definitions of “probation order” and “probation period” are repealed; and
(c)
““specified”, in relation to an offender supervision requirement, means specified in the requirement.”.
(7)
In section 134(1) (Conditional discharges and probation orders)—
(a)
the words “or, in Scotland, a probation order” are repealed; and
(b)
in paragraph (c), the words “probation order or” are repealed.
PART 2Secondary legislation
The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989
3.
The Community Service by Offenders (Hours of Work) (Scotland) Order 1996
4.
The Prosecutor’s Right of Appeal in Summary Proceedings (Scotland) Order 1996
5.
The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001
6.
The Community Care (Direct Payments) (Scotland) Regulations 2003
7.
The Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005
8.
The Courts Act 2003 (Consequential Provisions) Order 2005
9.
The Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 2007
10.
The Offender Management Act 2007 (Consequential Amendments) Order 2008
11.
The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009
12.
This Order makes provision in consequence of the Criminal Justice and Licensing (Scotland) Act 2010 which amongst other things, replaced community reparation orders, probation orders, supervised attendance orders and community service orders with community payback orders.
Article 2 and the Schedule sets out various consequential and supplementary amendments to primary and secondary legislation. These amendments apply only in relation to offences committed on or after 1st February 2011 (article 3).