Paragraph 1 I1
England and Wales
In this Schedule “relevant order” means any of the following orders, namely, a probation order, F1a drug treatment and testing order, a community service order and a curfew order; and “the petty sessions area concerned” means—
in relation to a F2probation, community service or drug treatment and testing order, the petty sessions area for the time being specified in the order; and
in relation to a curfew order, the petty sessions area in which the place for the time being specified in the order is situated.
Subject to sub-paragraph (3) below, this Schedule shall apply in relation to combination orders—
in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
In its application to combination orders, paragraph 6(3) below shall have effect as if the reference to section 14(1A) of the 1973 Act were a reference to section 11(1) of this Act.
In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998.
Where a probation order, community service order, combination order or curfew order has been made on appeal, for the purposes of this Schedule it shall be deemed—
if it was made on an appeal brought from a magistrates’ court, to have been made by a magistrates’ court;
if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.
Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 1(1) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 2(1)(a); S.I. 1998/2327, art.2(1)(n)
- F2
Words in Sch. 2 para. 1(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 2(1)(b); S.I. 1998/2327, art.2(1)(n)
- F3
Sch. 2 para. 1(4) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 2(2); S.I. 1998/2327, art.2(1)(n)
- F4
Sch. 2 para. 1(5) inserted (30.9.1998, subject to S.I. 1998/2327, art. 6(4)(a)) by 1998 c. 37, s. 106, Sch. 7 para. 46(1); S.I. 1998/2327, arts.2(1)(w), 6(4)(a)
- F5
Sch. 2 para. 1(6) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 96(1); S.I. 1998/2327, art.2(1)(y)(2)(ff)
Commencement
- I1
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Notes on Schedule 2
Textual amendments
- F1
Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Modifications
- C1
Sch. 2 applied (with modifications) (1.4.1996) by 1995 c. 46, ss. 234(5)(6), 309(2) (with ss. 24(2), 307(2))
Sch. 2 applied (with modifications) (30.9.1998) by 1998 c. 37, ss. 68(3), 70(5), Sch. 5 para. 5(4)(5); S.I. 1998/2327, arts. 2(1)(o)
Sch. 2 applied (with modifications) (30.9.1998) by 1969 c. 54, s. 16B (as inserted by 1998 c. 37, s. 119, Sch. 8 para. 21; S.I. 1998/2327, arts. 2(1)(y)(2)(i))
Commencement
- I1
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Notes on Part I
Commencement
- I1
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2