Modifications etc. (not altering text)
C1Sch. 13 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C2Sch. 13 Pt. 3 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(3), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
12(1)Where this Part of this Schedule applies, Schedule 12 has effect subject to the following modifications.U.K.
(2)Any reference to the responsible officer has effect as a reference to the relevant officer.
(3)Any reference to a magistrates' court [F1acting in the local justice area] concerned has effect as a reference to a magistrates' court [F2acting in the same local justice area] as the original court; and any reference to a justice of the peace [F1acting in the local justice area] concerned has effect as a reference to a justice of the peace [F2acting in the same local justice area] as that court.
(4)Any reference to the appropriate court has effect as a reference to the original court.
(5)In paragraphs 4 and 5, any reference to causing an information to be laid before a justice of the peace has effect—
(a)if the home court is in Scotland, as a reference to providing information to the home court with a view to it issuing a citation, and
(b)if the home court is in Northern Ireland, as a reference to making a complaint to a justice of the peace in Northern Ireland.
[F3(5A)In paragraph 6(3)(b), the words “before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides,” are omitted.]
(6)In paragraph 14—
(a)if the home court is in Scotland—
(i)any reference to the [F4local justice area] concerned has effect as a reference to the local authority area specified in the order, and
(ii)any other reference to a [F4local justice area] has effect as a reference to a local authority area, and
(b)if the home court is in Northern Ireland—
(i)any reference to the [F4local justice area] concerned has effect as a reference to the petty sessions district specified in the order, and
(ii)any other reference to a [F4local justice area] has effect as a reference to a petty sessions district.
(7)Paragraph 22 is omitted.
(8)No court in England and Wales may—
(a)exercise any power in relation to any failure by the offender to comply with any community requirement of the order unless the offender has been required in accordance with paragraph 14(1)(b) or (2)(a) of this Schedule to appear before that court;
(b)exercise any power under Part 3 of Schedule 12 unless the offender has been required in accordance with paragraph 15(2) or 16 of this Schedule to appear before that court.
Textual Amendments
F1Words in Sch. 13 para. 12(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 111(b)
F2Words in Sch. 13 para. 12(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 111(b)
F3Sch. 13 para. 12(5A) inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 29, 60, Sch. 5 para. 9; S.I. 2005/579, art. 3(d)
F4Words in Sch. 13 para. 12(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 111(c)
Commencement Information
I1Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)