The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

Amendment of the 1995 Act

3.—(1) The 1995 Act is amended as follows.

(2) In section 211(6)(1) (fines) for “Except where the provisions of section 223R(2) apply, all” substitute “All”.

(3) Omit sections 223A to 223FA and 223H to 223T(2).

(4) In section 226B(3) (enforcement orders)—

(a) omit subsection (6A), and

(b) in subsection (7), for “,(6) or (6A)” substitute “or (6)”.

(5) Omit section 226HA(4).

(6) In section 226I(5) (enforcement of fines etc.: interpretation)—

(a) in subsection (1)—

(i) for “Subject to subsection (1A), in” substitute “In”,

(ii) for “226HA” substitute “226H”,

(iii) omit the definitions of “central authority for Scotland”, “certificate”, “competent authority for Scotland”, “decision”, “financial penalty” and “Framework Decision on financial penalties”,

(iv) in the definition of “enforcement order” for “(6A)” substitute “(6)”,

(v) in the definition of “relevant court” omit paragraph (d); and

(b) omit subsection (1A).

(7) Omit schedules 11 and 12(6).

(1)

Section 211(6) was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), schedule 1, paragraph 20(1)(b) and S.S.I. 2009/342.

(2)

Sections 223A, 223B, 223C, 223D, 223E, 223F, 223G, 223H, 223I, 223K, 223L, 223M, 223N, 223O, 223P, 223Q, 223R, 223S and 223T were inserted by S.S.I. 2009/342; section 223FA was inserted by S.S.I. 2014/322. Sections 223E, 223H and 223I were amended by S.S.I 2014/322; section 223G was repealed by S.S.I. 2014/322. Section 223H and 223T were amended by S.S.I. 2014/336.

(3)

Section 226B was added by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, section 55 and amended by S.S.I. 2009/342.

(4)

Section 226HA was added by S.S.I. 2009/342.

(5)

Section 226I was added by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, section 55 and amended by S.S.I. 2009/342.

(6)

Schedules 11 and 12 were inserted by S.S.I 2009/342. Schedule 12 was amended by S.S.I. 2014/322 and S.S.I. 2014/336.