2023 No. 172
The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2023
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 53, 54(1) and 58(1) of the Coronavirus (Recovery and Reform) (Scotland) Act 20221 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2023.
2
They come into force on 3 July 2023.
3
In these Regulations, “the 2022 Act” means the Coronavirus (Recovery and Reform) (Scotland) Act 2022.
Expiry of provisions of the 2022 Act2
1
3 July 2023 is specified as the date at the end of which the following provisions of the schedule of the 2022 Act expire for the purposes of the proceedings mentioned in paragraph (2)—
a
paragraph 6 (suspension of requirement for physical attendance in non-criminal proceedings: criminal trials and certain processes),
b
paragraphs 8 and 9 (attending by electronic means: directions),
c
paragraphs 10(c) and (d) (publication of directions and guidance),
d
paragraph 11(1) (transitional provision for directions under earlier enactment) to the extent it relates to paragraphs 6(2), (4) and 8(1),
e
paragraph 11(2) (transitional provision for general directions under earlier enactment) to the extent it relates to paragraph 9(1)(a),
f
paragraph 12 (interpretation of Part), for the purposes of paragraphs 6, 8 and 9.
2
The proceedings are those non-criminal proceedings—
a
in the Court of Session,
b
raised under the Ordinary Cause Rules 19932.
3
3 July 2023 is specified as the date at the end of which paragraph 24 (making of confiscation order: postponement due to coronavirus) of the schedule of the 2022 Act expires.
Directions of the court or tribunal to continue in force3
1
Any direction which is in effect immediately before 4 July 2023—
a
in respect of proceedings mentioned in regulation 2(2), and
b
which concerns a hearing fixed before that date which is to take place on or after it,
remains in effect on or after that date for the purpose of that hearing.
2
In this regulation, “direction” means—
a
any direction issued under paragraph 6(2) or (4), paragraph 8 or paragraph 9 of the schedule of the 2022 Act, or
b
any direction treated as though it were issued under one of those paragraphs by virtue of paragraph 11 of that schedule.
Decision to postpone or extension to postpone proceedings to continue in force4
Any decision of the court, made by reference to provisions as modified by paragraph 24 of the schedule of the 2022 Act, which is in effect immediately before 4 July 2023, remains in effect on or after that date.
(This note is not part of the Regulations)