Part 2—Notification and orders
- (b) where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.
121 Sections 114 to 118: Scotland
(1) Sections 114 to 118 apply to Scotland with the following modifications—
- (a) references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;
- (b) references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
- (c) an application for a foreign travel order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly);
- (d) for paragraphs (a) to (c) of section 118(5) there is substituted—
- “(a) the sheriff who made the foreign travel order; or
- (b) where the application is made by a chief constable, a sheriff whose sheriffdom includes any part of the area of the applicant’s police force.”
(2) A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.
(3) The clerk of the court by which, by virtue of that subsection, a foreign travel order is made, varied, renewed or discharged shall cause a copy of, as the case may be—
- (a) the order as so made, varied or renewed; or
- (b) the interlocutor by which discharge is effected,
to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).
122 Offence: breach of foreign travel order
(1) A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by a foreign travel order.
(2) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
- (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge (or, in Scotland, a probation order).
