Commencement Information
I1Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Commencement Information
I2Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
3(1)Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection—
“(2A)A court shall not make a community service order in respect of any offender unless—
(a)the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and
(b)it appears to the court that provision can be made for him to perform work under those arrangements.”
(2)Where a community service order has been made and—
(a)a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;
(b)the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and
(c)it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.
(3)A community service order made or amended in accordance with this paragraph shall—
(a)specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and
(b)require the [F1council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.
Textual Amendments
F1Words in Sch. 3 para. 3(3)(b) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para.173; S.I. 1996/323, art. 4(1)(c)
Commencement Information
I3Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.