Prisoners and Criminal Proceedings (Scotland) Act 1993

Part III E+W+S General

44 Expenses. S

There shall be paid out of money provided by Parliament—

(a) any sums required by the Secretary of State for defraying the expenses of the Parole Board for Scotland;

(b) any expenses incurred by the Secretary of State under section 21(2) of this Act;

(c) any administrative expenses incurred by the Secretary of State under this Act; and

(d) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

45 Rules and orders. S

(1) The power of the Secretary of State to make rules and orders under this Act shall be exercisable by statutory instrument.

(2) Any [F1 order made under section 12AA(3) or] rule made under section 13 or 20(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) An order shall not be made under section [F2 3AA(6),] 6(3), [F3 7(1A)]. . . or 27(2) of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Textual Amendments

F1 Words in s. 45(2) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(14)(a), 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1

F2 Words in s. 45(3) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(14)(b), 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1

F3 Words in s. 45(3) substituted (3.2.1995) by 1994 c. 33, s. 130(2); S.I. 1995/127, art. 2(1), Sch. 1

46 Interpretation. E+W+S

In this Act—

• [F4 “the 1975 Act” means the M1 Criminal Procedure (Scotland) Act 1975;]

• “the 1980 Act” means the M2 Criminal Justice (Scotland) Act 1980; and

• “the 1989 Act” means the M3 Prisons (Scotland) Act 1989.

• [F5 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995]

Textual Amendments

F4 Entry in s. 46 ceased to have effect (1.4.1996) by 1995 c. 40, ss. 4, 5, 7(2), Sch. 3 Pt. II paras. 16, 17, Sch. 4 para. 86(11) and entry repealed (S.) (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5

F5 Entry in s. 46 inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(11)

Marginal Citations

M1 1975 c. 21.

M2 1980 c. 62.

M3 1989 c. 45.

47 Minor and consequential amendments, transitional provisions, savings and repeals. E+W+S

(1) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

(2) The transitional provisions and savings contained in Schedule 6 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the M4 Interpretation Act 1978 (effect of repeals).

(3) The enactments mentioned in Part I of Schedule 7 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Part and the instruments mentioned in Part II of that Schedule are hereby revoked to the extent specified in the third column of that Part.

Extent Information

E1 S. 47(1)(3) extends to England and Wales and Scotland for specified purposes; s. 47 otherwise extends to Scotland only, see s. 48(5)(6)

Commencement Information

I1 S.47(1) in force for certain purposes at Royal Assent as provided by S.48(4), for certain further purposes at 18.8.1993 and 18.9.1993, S. 47(3) in force for certain purposes at 18.9.1993, s. 47 wholly in force at 1.10.1993 by S.I. 1993/2050, art. 3(2)(3)(4), Sch. 1, Sch. 2

Marginal Citations

M4 1978 c. 30.

48 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Prisoners and Criminal Proceedings (Scotland) Act 1993.

(2) Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) This section and, in so far as relating to paragraph 5 of Schedule 5 to this Act, section 47(1) of this Act shall come into force on the day on which this Act is passed.

(5) Subject to subsection (6) below, this Act extends to Scotland only.

(6) This section and the following provisions of this Act also extend to England and Wales—

• section 12(2);

• section 14(4);

• section 15;

• section 16(1) and (3);

• section 27;

• section 46; and

• in section 47, subsection (1) in so far as relating to paragraphs 1(38) and 3 of Schedule 5, and subsection (3) in so far as relating to the entry in Schedule 7 in respect of the M5 Criminal Justice Act 1991.

(7) Nothing in subsection (5) above affects the extent of this Act in so far as it amends or repeals any provision of the M6 Army Act 1955, the M7 Air Force Act 1955 or the M8 Naval Discipline Act 1957.

Subordinate Legislation Made

P1 S. 48(2)(3) power fully exercised (16.8.1993): 18.8.1993, 18.9.1993, 1.10.1993 and 1.1.1994 appointed days by S.I. 1993/2050 (subject to saving in arts. 4-10)

Marginal Citations

M5 1991 c. 53.

M6 1955 c. 18.

M7 1955 c. 19.

M8 1957 c. 53.