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The Criminal Justice (Scotland) Act 2003 (Commencement No. 3 and Revocation) Order 2003

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This Scottish Statutory Instrument has been made to correct an error in S.S.I. 2003/439 and is being issued fee of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2003 No. 475 (C. 26)

CRIMINAL LAW

The Criminal Justice (Scotland) Act 2003 (Commencement No. 3 and Revocation) Order 2003

Made

1st October 2003

The Scottish Ministers, in exercise of the powers conferred on them by section 89(2) and (3) of the Criminal Justice (Scotland) Act 2003(1), hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 3 and Revocation) Order 2003.

(2) In this Order “the Act” means the Criminal Justice (Scotland) Act 2003.

Commencement

2.  The provisions of the Act specified in column 1 of the Schedule to this Order and whose subject matter is specified in column 2 of that Schedule shall, insofar as they are not already in force, come into force on the dates specified in column 3 of the said Schedule, but where a particular purpose is also specified in relation to a provision in column 1, that provision shall come into force on its appointed day only for that purpose.

3.  The coming into force of section 13 is subject to article 2 of the Criminal Justice (Scotland) Act 2003 (Transitional Provisions) Order 2003(2).

Revocation

4.  The Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003(3) is hereby revoked.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st October 2003

Article 2

SCHEDULE

Column 1Column 2Column 3
Provision of the ActSubject matterCommencement date
Sections 4, 5, 6, 11, 12 and 13The Risk Management Authority1st January 2004
Sections 14, 15 and 18Victims' Rights25th November 2003
Section 21(1) to (8) and (11), but only in respect of summary proceedingsSexual and certain other offences: reports3rd November 2003
Sections 26 and 30Prisoners etc1st December 2003
Section 40Remote monitoring of released prisoners12th January 2004
Section 51Physical punishment of children27th October 2003
Section 60Unified citation provisions27th October 2003
Section 85, but only for the purpose of bringing into force the provision of schedule 4 specified belowMinor and consequential amendments25th November 2003
Schedule 4, paragraph 3Minor and consequential amendments25th November 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Criminal Justice (Scotland) Act 2003 on the dates specified in the Schedule to the Order.

The coming into force of section 13 is subject to the provisions of the Criminal Justice (Scotland) Act 2003 (Transitional Provisions) Order 2003 (S.S.I. 2003/438).

Sections 77, 84, 87 and 88 and schedule 3 were commenced on Royal Assent on 26th March 2003. Section 86 and schedule 5 were also commenced on Royal Assent insofar as relating to the Wildlife and Countryside Act 1981.

This Order also revokes the Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003 (S.S.I. 2003/439) which contained an error.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act insofar as these are not already in force have been brought into force by a commencement order made before the date of this Order.

Column 1Column 2Column 3
Provisions of the ActDate of CommencementS.S.I. No
Sections 2(b), 3, 19, 20, 22 to 25, 27 to 29, 31, 33 to 38, 39, 42, 43 to 50, 52, 53, 54 to 57, 58, 59, 61 to 67, 68, 69, 70(1), (3), (4) and (7), 71 to 74, 76, 78 to 82, 85 (partially) and 8627th June 2003S.S.I. 2003/288
schedule 2
schedule 4, paragraphs 1, 2, 3(1) and (3) and 5
schedule 5

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