SCHEDULE
PART 1Primary legislation
The Criminal Procedure (Scotland) Act 19951
1
The Criminal Procedure (Scotland) Act 19952 is amended as follows.
2
In section 227N3 (Offenders subject to more than one unpaid work or other activity requirement)—
a
in subsection (1)(b), for the words from “community” to the end substitute—
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
after subsection (1) insert—
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.
c
in subsection (5), the words “of unpaid work or activity” are repealed.
3
In section 227ZC4 (Breach of community payback order) after subsection (9) insert—
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 20032
1
The Sexual Offences Act 20035 is amended as follows—
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
in sub-paragraph (i)6, for “section 106(1)(d) of the Criminal Procedure (Scotland) Act 1995 (c.46) (appeal against probation and community service orders)” substitute “section 106(1)(dza) of the Criminal Procedure (Scotland) Act 1995 (c.46) (appeal against community payback order)”; and
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
in the definition of “community order”, for paragraph (b) substitute—
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
at the appropriate place, insert:—
“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 19893
In regulation 3(f) (Services exempted from charges) of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 19897, for “section 184(1)” to the end, substitute “section 227R of the Criminal Procedure (Scotland) Act 1995 (c.46), included by the Court as a requirement in a community payback order.”.
The Community Service by Offenders (Hours of Work) (Scotland) Order 19964
The Community Service by Offenders (Hours of Work) (Scotland) Order 19968 is revoked.
The Prosecutor’s Right of Appeal in Summary Proceedings (Scotland) Order 19965
In article 2(b) of the Prosecutor’s Right of Appeal in Summary Proceedings (Scotland) Order 19969 for “a probation order, community service order or order” substitute “an order”.
The Postal Services Act 2000 (Consequential Modifications No. 1) Order 20016
In Schedule 1 (Amendments) to the Postal Services Act 2000 (Consequential Modifications No. 1) Order 200110, paragraphs 104(4) and (6) (relating to the Criminal Procedure (Scotland) Act 1995) are omitted.
The Community Care (Direct Payments) (Scotland) Regulations 20037
In regulation 2(g) (Description of persons specified for the purposes of section 12B(1) of the Act) of the Community Care (Direct Payments) (Scotland) Regulations 200311, for “probation order in terms of sections 228 to 230” substitute “community payback order imposed under section 227A”.
The Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 20058
Regulation 3 (Prescribed activities) of the Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 200512 is omitted.
The Courts Act 2003 (Consequential Provisions) Order 20059
Paragraph 52 (relating to the Criminal Procedure (Scotland) Act 1995) of the Schedule (Consequential Amendments) to the Courts Act 2003 (Consequential Provisions) Order 200513 is omitted.
The Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 200710
In the Schedule (Persons specified for the purposes of section 10(3) of the Management of Offenders etc. (Scotland) Act 2005) to the Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 200714 for “section 230A(5) (Requirement for remote monitoring in probation order)” substitute “section 227ZI (Remote monitoring)”.
The Offender Management Act 2007 (Consequential Amendments) Order 200811
In Schedule 1 (Amendments of Acts) to the Offender Management Act 2007 (Consequential Amendments) Order 200815, paragraphs 11(3), (4) and (5) (relating to the Criminal Procedure (Scotland) Act 1995) are omitted.
The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 200912
In Schedule 5 (Amendments to Acts of Parliament, Acts of the Scottish Parliament and Northern Ireland legislation) to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 200916, paragraph 3 (Amendment of the Criminal Procedure (Scotland) Act 1995) is omitted.