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Criminal Justice (Scotland) Act 2016
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- Acts of the Scottish Parliament
- 2016 asp 1
- PART 2
- CHAPTER 2
- Procedure applying to code
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Changes over time for: Cross Heading: Procedure applying to code
Version Superseded: 17/01/2018
Alternative versions:
- 14/01/2016- Amendment
- 31/07/2017
Point in time - 17/01/2018- Amendment
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Point in time view as at 31/07/2017.
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Criminal Justice (Scotland) Act 2016, Cross Heading: Procedure applying to code is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Procedure applying to code S
76Consultation on code of practiceS
(1)Prior to making a code of practice, the Scottish Ministers must consult publicly on a draft of the code.
(2)When preparing a draft of a code of practice for public consultation, the Scottish Ministers must consult—
(a)the Lord Justice General,
(b)the Faculty of Advocates,
(c)the Law Society of Scotland,
(d)the Scottish Police Authority,
(e)the chief constable of the Police Service of Scotland,
(f)the Police Investigations and Review Commissioner,
(g)the Scottish Human Rights Commission,
(h)the Commissioner for Children and Young People in Scotland, and
(i)such other persons as the Scottish Ministers consider appropriate.
(3)Subsection (1) or (2) is complied with in relation to a code of practice having (or to have) effect for the first time even if the consultation has been initiated before the day on which this section comes into force.
77Bringing code of practice into effectS
(1)A code of practice has no effect until the day appointed for the code by regulations made by the Scottish Ministers.
(2)When laying before the Scottish Parliament a draft of an instrument containing regulations bringing a code of practice into effect, the Scottish Ministers must also so lay a copy of the code.
(3)No later than at the end of the 12 months beginning with the day on which this section comes into force, there must be so laid a draft of an instrument containing regulations bringing a code of practice into effect.
(4)Regulations under this section are subject to the affirmative procedure.
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