2007 No. 540
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Incidental, Supplemental and Consequential Provisions) Order 2007
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 82 of the Criminal Proceedings etc. (Reform) (Scotland) Act 20071 and all other powers enabling them to do so.
In accordance with section 82(3)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Incidental, Supplemental and Consequential Provisions) Order 2007 and comes into force on 10th December 2007.
Interpretation2
In this Order “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.
Breach of bail conditions3
In section 3(1)(b) (breach of bail conditions) of the 2007 Act (in subsection (4B) to be inserted into section 27 of the Criminal Procedure (Scotland) Act 19952), after the words “subsection (1) above” there is inserted “or subsection (7) below”.
Late applications in summary cases relating to proof of uncontroversial matters4
In section 20 (proof of uncontroversial matters) of the 2007 Act, after subsection (2), there is added–
3
In section 258 of that Act, after subsection (4C) there is added–
4D
In summary proceedings, the court may allow an application under subsection (4A) above to be made late if the court is satisfied that a timeous application would not have been practicable.
Requirement to take oaths
5
In section 67 (appointment of JPs) of the 2007 Act, after subsection (8), there is added–
9
Where a person is, by virtue of subsection (7)(b), appointed as a JP under subsection (1), an oath previously taken by the person as required by section 6 of the Promissory Oaths Act 1868 (c. 72) (and in accordance with Promissory Oaths Act 1871 (c. 48)) in relation to the holding by the person of the office of justice of the peace under the 1975 Act also counts in relation to the person’s appointment as a JP under subsection (1).
6
In section 70 (reappointment of JPs) of the 2007 Act, after subsection (3), there is added–
4
Where a person is reappointed as a JP under subsections (1)(a) and (2) (including on a second or subsequent occasion), an oath–
a
previously taken by the person as required by section 6 of the Promissory Oaths Act 1868 (and in accordance with the Promissory Oaths Act 1871) in relation to the person’s appointment as a JP under subsection (1) of section 67, or
b
which by virtue of subsection (9) of section 67 counts in relation to the person’s appointment as a JP under subsection (1) of that section,
also counts in relation to the person’s reappointment as a JP by virtue of subsections (1)(a) and (2).
(This note is not part of the Order)