Criminal Law Citation, commencement and interpretation 1 1 These Regulations may be cited as the Community Orders (Coronavirus) (Scotland) Regulations 2021 and come into force immediately after they are made. 2 In these Regulations— “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 , “the hours already undertaken” means the number of hours of unpaid work or other activity undertaken by an individual in pursuance of an unpaid work or other activity requirement before these Regulations come into force, “a qualifying community payback order” is a community payback order which— is imposed on an individual before these Regulations come into force, and is not imposed, either entirely or partially, for— an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and has been recorded as such under section 1(5) of that Act, an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 , an offence listed in paragraphs 36 to 60 of Schedule 3 of the Sexual Offences Act 2003 , the offence of stalking as defined in section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 , “the reduced hours” means the number of hours specified in a relevant unpaid work or other activity requirement following the variation of the requirement by regulation 2, “a relevant unpaid work or other activity requirement” means an unpaid work or other activity requirement which— is imposed in a qualifying community payback order, and when these Regulations come into force, has not been completed by the individual, “responsible officer” is to be interpreted in the same manner as in section 227C(4) of the 1995 Act, “the specified hours” means the number of hours specified in a relevant unpaid work or other activity requirement by the court. Variation of unpaid work requirements 2 1 A relevant unpaid work or other activity requirement is varied in accordance with this regulation. 2 Subject to paragraphs (3) to (5), the specified hours are reduced by 35%. 3 Where the reduction in the specified hours would result in the reduced hours containing part of an hour, the reduced hours are to be rounded down to the nearest whole hour. 4 Where the reduction in the specified hours would result in the reduced hours being less than 20, the specified hours are only to be reduced to, or remain at, 20 as the case may be. 5 Where the reduction in the specified hours would result in the reduced hours being less than the hours already undertaken— a the specified hours are only to be reduced to the hours already undertaken, and b as a consequence, the relevant unpaid work or other activity requirement is to be taken as completed when these Regulations come into force. Supplementary provision 3 1 Paragraphs (2) and (3) apply where (by operation of regulation 2) the reduction in the specified hours results in the number of hours allocated to other activity by the responsible officer under section 227K of the 1995 Act exceeding the limit on those hours specified in section 227K(2). 2 Subject to paragraph (3), the responsible officer must reduce the number of hours allocated to other activity in order to comply with the limit in section 227K(2). 3 Where the number of hours of other activity already undertaken by the individual before these Regulations come into force means that the responsible officer cannot comply with paragraph (2)— a the limit in section 227K(2) does not apply, and b the responsible officer must allocate all hours of unpaid work or other activity yet to be completed by the individual to unpaid work. Transitional provision: Alleged breach of Community Payback Order 4 1 Paragraph (2) applies where— a a relevant unpaid work or other activity requirement would be varied to the effect that regulation 2(5) applies, b the court has issued a warrant or citation in accordance with section 227ZC(2) of the 1995 Act in respect of an alleged failure by the offender to comply with a requirement of a qualifying community payback order which includes that relevant unpaid work or other activity requirement, and c the court has not yet determined in respect of that allegation, whether it is satisfied that the offender has failed without reasonable excuse to comply with a requirement of the qualifying community payback order which includes that relevant unpaid work or other activity requirement. 2 The variation in accordance with regulation 2 is to be applied to that qualifying community payback order as it has effect after the court’s determination. HUMZA YOUSAF A member of the Scottish Government St Andrew’s House, Edinburgh At 5.00 p.m. on 15th March 2021