- Latest available (Revised)
- Original (As made)
The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions) Order 2017
You are here:
- Scottish Statutory Instruments
- 2017 No. 228
- Explanatory Note
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes provision in consequence of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) which, amongst other things, amended the Criminal Procedure (Scotland) Act 1995 to replace probation orders with community payback orders (see section 14 and paragraph 17 of schedule 2 of the 2010 Act).
Article 2 sets out consequential amendments to the Mental Health (Care and Treatment) (Scotland) Act 2003 which includes a power for nurses, in certain circumstances and for specified purposes, to detain a person who is in hospital for treatment. The amendments clarify that this power will apply where the person is in hospital by virtue of a community payback order which includes a mental health treatment requirement.
Article 3 provides that the amendments will not affect the nurse’s power to detain a person who is in hospital for treatment by virtue of a probation order which includes a mental health treatment requirement. This is necessary because probation orders remain available for persons convicted of offences committed before 1st February 2011, by virtue of savings provisions specified in SSI 2010/413.
Options/Help
Print Options
Official printed copies
PrintThe Whole Instrument
PrintThis Explanatory Note only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.