SCHEDULES

SCHEDULE 11Transfer of community orders to Scotland or Northern Ireland

PART 1Scotland

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule

6

Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a)

any reference to the responsible officer were a reference to the local authority officer concerned;

(b)

the following provisions were omitted—

(i)

paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii)

paragraph 31(2) (responsible person to be of prescribed description);

(iii)

paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);

(c)

in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”.