The Scotland Act 2012 (Consequential Provisions) Order 2013

Statutory Instruments

2013 No. 728 (S. 2)

Constitutional Law

Devolution, Scotland

The Scotland Act 2012 (Consequential Provisions) Order 2013

Made

26th March 2013

Coming into force

22nd April 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 42(1) and (4) of the Scotland Act 2012(1).

In accordance with section 42(6) of that Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Scotland Act 2012 (Consequential Provisions) Order 2013 and comes into force on 22nd April 2013.

Amendment of the Legal Aid (Scotland) Act 1986

2.—(1) The Legal Aid (Scotland) Act 1986(2) is amended as follows.

(2) In section 21 (scope and nature of criminal legal aid), after subsection (1)(c)(3) insert—

“(d) any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act   1995(4)”.

(3) For subsection (1) of section 25AB (legal aid in references, appeals or applications for special leave to appeal to the Supreme Court)(5) substitute—

“(1) This section shall apply to criminal legal aid in connection with—

(a) any reference, appeal or application for special leave to appeal to the Supreme Court under paragraph 11, 13(a) or 33 of Schedule 6 to the Scotland Act 1998; or

(b) any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act 1995.”.

(4) In section 25AB(2) after “special leave” where it occurs in both places insert “or permission”.

(5) In section 25AB(4)(6) after “the Scotland Act 1998” insert “or under section 288ZB of the Criminal Procedure (Scotland) Act 1995”.

Amendment of the Criminal Justice and Licensing (Scotland) Act 2010

3.  In the definition of “appellate proceedings” in section 132 of the Criminal Justice and Licensing (Scotland) Act 2010 (sections 133 to 140: interpretation)(7), after paragraph (e) insert—

“(ea) an appeal to the Supreme Court against a determination by the High Court of Justiciary of a compatibility issue (within the meaning of section 288ZA of the Criminal Procedure (Scotland) Act 1995),”.

Michael Moore

Secretary of State

Scotland Office

Dover House,

London

26th March 2013

EXPLANATORY NOTE

(This note is not part of the Order)

The Order amends a number of enactments in consequence of sections 34 to 36 of the Scotland Act 2012 coming into force on 22nd April 2013. These sections create a new system of “compatibility issues”.

Article 2 amends the Legal Aid (Scotland) Act 1986 in relation to criminal legal aid so that it is available in relation to compatibility issues.

Article 3 amends the definition of “appellate proceedings” in section 132 of the Criminal Justice and Licensing (Scotland) Act 2010 to include compatibility issues.

(1)

2012 c.11.

(2)

1986 c.47.

(3)

Paragraph (1)(c) of section 21 was inserted by S.I. 1999/1042 Schedule 1, paragraph 11(2).

(4)

1995 c.46. Section 288ZB and section 288AA were inserted by the Scotland Act 2012, sections 35 and 36.

(5)

Section 25AB was inserted by S.I. 1999/1042, article 3 and Schedule 1, Part I, paragraph 11(4). Section 25AB(1) was amended by the Constitutional Reform Act 2005 (c.4), Schedule 9, paragraph 85(3) and the Legal Profession and Legal Aid (Scotland) Act 2007 asp 5, section 73(1)(a).

(6)

Section 25AB(4) was amended by the Legal Profession and Legal Aid (Scotland) Act 2007 asp 5, sections 64(6) and 73(1)(b).

(7)

2010 asp 13.