The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2010

SCHEDULE

Column 1 (provisions of the Act)	Column 2 (subject matter)	Column 3 (date of commencement)	Column 4 (purpose)
Section 14(1) (in part) and (2)	Community payback orders	1st February 2011	For all purposes apart from inserting section 227ZM into the 1995 Act
Section 14(1) (in part)	Community payback orders – annual reports on community payback orders	1st April 2011	For the purpose of inserting section 227ZM into the 1995 Act
Section 16	Short periods of detention	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 17	Presumption against short periods of detention	1st February 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 20	Reports about supervised persons	1st February 2011
Section 21	Detention of children convicted on indictment	1st February 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 23	Extended sentences for certain sexual offences	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 25	Offences aggravated by racial or religious prejudice	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 26	Voluntary intoxication by alcohol: effect in sentencing	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 28	Involvement in serious organised crime	13th December 2010
Section 29	Offences aggravated by connection with serious organised crime	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 30	Directing serious organised crime	13th December 2010
Section 31	Failure to report serious organised crime	13th December 2010
Section 34	Articles banned in prison	13th December 2010
Section 37	Offensive weapons etc	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 39	Offence of stalking	13th December 2010
Section 40	Certain sexual offences by non-natural persons	13th December 2010
Section 41	Indecent images of children	13th December 2010
Section 45	Penalties for offences of brothel-keeping and living on the earnings of prostitution	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 56	Grant of warrants for execution by constables and police members of SCDEA	13th December 2010
Section 59	Bail conditions: remote monitoring requirements	13th December 2010
Section 60	Prosecution on indictment: Scottish Law Officers	13th December 2010
Section 64	Remand and committal of children and young persons	13th December 2010
Section 71	Convictions by courts in other EU Member States	13th December 2010
Section 80	Retention of samples etc. from children referred to children’s hearings	13th December 2010	Section 80 is commenced for the purpose of inserting the following provisions into the 1995 Act:— (a) section 18E(6) (b) section 18E(7) (c) section 18E(10)
Section 93	Lists of jurors	13th December 2010
Section 94	Upper age limit for jurors	10th January 2011
Section 95	Excusal from jury service	10th January 2011
Section 96	Persons excusable from jury service	10th January 2011
Section 99	Closure of premises associated with human exploitation etc.	13th December 2010
Section 101	Foreign travel orders	13th December 2010
Section 104	Risk of sexual harm orders: spent convictions	13th December 2010
Section 105	Obtaining information from outwith United Kingdom	13th December 2010
Section 111	Assistance for victim support	13th December 2010
Section 112	Public defence solicitors	13th December 2010
Section 113	Compensation for miscarriages of justice	13th December 2010
Section 114	Financial reporting orders	13th December 2010
Section 173	Licensing: powers of entry and inspection for civilian employees	13th December 2010
Section 178	Applications for licenses	28th February 2011	In so far as not already in force, for all purposes in respect of applications for the grant or renewal of licences under paragraph 1 of Schedule 1, or paragraph 6 of Schedule 2 to the Civic Government (Scotland) Act 1982 made on or after the date specified in column 3
Section 180	Premises licence applications: notification requirements	13th December 2010	For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3
Section 181	Premises licence applications : modification of layout plans	13th December 2010	For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3
Section 182	Reviews of premises licences: notification of determinations	28th February 2011	For all purposes in respect of premises licence review proposals made by a Licensing Board under section 37(1) of the 2005 Act and all premises licence applications made to a Licensing Board on or after the date specified in column 3
Section 183	Premises licence applications: antisocial behaviour reports	13th December 2010	For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3
Section 184(1) and (2)	Premises licences: connected persons and	13th December 2010	Section 184(2) is commenced for the
	interested parties		purposes of inserting
			the following
			provisions into
			the 2005 Act:—
			(a) section 40A(1), but not sub-paragraph (b)
			(b) section 40A(2), but not the words “or an interested party”
			(c) section 40A(3) to (5)
Section 184(3)(a)(i) Section 184(3)(a)(ii) Section 184(3)(b)			Section 184(3)(a)(ii) is commenced for the purpose of inserting into the 2005 Act section 48(1)(c)(i) only
Section 185	Provisional premises licences: duration	13th December 2010
Section 187	Provision of copies of licences to chief constable	13th December 2010	For all purposes in respect of premises licence applications or an application under section 47(2) of the 2005 Act made to a Licensing Board on or after the date specified in column 3
Section 188(1) and (3)	Sale of alcohol to trade	13th December 2010	Section 188(3) is commenced for all purposes in respect of offences committed on or after the date specified in column 3
Section 192	Personal licences	13th December 2010	Sections 192(1) and (2) are commenced for all purposes in respect of applications for a personal licence under section 72(1) of the 2005 Act made to a Licensing Board on or after the date specified in column 3
			Section 192(3) is commenced for all purposes in respect of all personal licences granted following an application that was made to a Licensing Board on or after the date specified in column 3
			Section 192(4) is commenced for all purposes in respect of applications for a replacement personal licence received by a Licensing Board on or after the date specified in column 3
Section 193	Emergency closure orders	13th December 2010
Section 194	Appeals	13th December 2010	For all purposes in respect of decisions that may be appealed under section 131(1) of, and Schedule 5 to, the 2005 Act made by a Licensing Board on or after the date specified in column 3
Section 195	Liability for offences	13th December 2010	Section 195(2) is commenced for all purposes in respect of offences committed on or after the date specified in column 3
			Section 195(3) is commenced for the purposes of inserting the following provisions into the 2005 Act in respect of offences committed on or after the date specified in column 3:— (a) section 141A (b) section 141B(1)(a) (c) section 141B(2) except the words “or, as the case may be, the interested party” (d) section 141B(3) except the words “or an interested party” and “as the case may be, the interested party” (e) section 141B(4) except the words “or the interested party” (f) section 141B(5)
Section 196	False statements in applications: offence	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3
Section 198	Further modifications of the 2005 Act	13th December 2010
Section 199	Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998	13th December 2010
Schedule 2	Community payback orders: consequential modifications	1st February 2011	For all purposes apart from bringing into force paragraph 38
Schedule 2	Community payback orders – amendment to the Jobseekers Act 1995	The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force	For the purpose of bringing into force paragraph 38
Schedule 4	Convictions by courts in other EU Member States: modifications of enactments	13th December 2010	For all purposes in respect of offences committed on or after the date specified in column 3, apart from bringing into force paragraph 12
The following paragraphs of schedule 6:—	Further modifications of the 2005 Act	13th December 2010
1
3 to 6			Paragraphs 5 and 6(3) are commenced for all purposes in respect of
			applications for a
			premises licence under
			section 20 of the 2005 Act made to a Licensing Board on or after the date specified in column 3.
7			Paragraph 7 (is
			commenced for all
			purposes in respect of
			applications for the transfer of a premises licence made to a Licensing Board on or after the date specified in column 3
8			Paragraph 8 is commenced for all purposes in respect of any notice of conviction given by a Licensing Board to the appropriate chief constable under section 44(2) of the 2005 Act on or after the date specified in column 3
11 to 16			Paragraph 11 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 69(1) of the 2005 Act on or after the date specified in column 3
			Paragraph 12 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 73(1) of the 2005 Act in respect of an application for a personal licence made on or after the date specified in column 3
			Paragraphs 13 to 15 are commenced for all purposes in respect of applications for a personal licence under section 72 of the 2005 Act made on or after the date specified in column 3
18			Paragraph 18 is commenced for all purposes in respect of applications for occasional licences made to a Licensing Board on or after the date specified in column 3
The following paragraphs of schedule 7:—	Modifications of enactments
4		13th December 2010
5		13th December 2010
13		13th December 2010
48		10th January 2011
49		13th December 2010
86		13th December 2010