SCHEDULETable of Commencements of the Vulnerable Witnesses (Scotland) Act 2004

Provisions to be commenced

Purposes for which the provision is to be commenced

Section 1 insofar as it substitutes for section 271 of the 1995 Act sections 271 (other than in sub sections (5) and (6) of substituted section 271 the reference to section 271I), 271A, 271B, 271D (other than sub section (5) of 271D and other than the reference in sub section (2)(a) of 271D to 271C), 271E (other than the reference in sub-section (1)(b) of 271E to 271C), 271F (other than sub sections (3), (4) and (8)(b)of 271F), 271G (other than in respect of section 271C), 271H (other than sub-section (1)(a) of 271H and the reference in sub-sections(1) and (3) of 271H to 271C) and 271J-271M

Only–

  1. (a)

    in respect of solemn proceedings in the High Court and sheriff court; and

  2. (b)

    in respect of child witnesses as referred to in section 271(1)(a) of the Criminal Procedure (Scotland) Act 1995

Section 2 (other than sub sections(2), (3) and (5))

Only–

  1. (a)

    in respect of solemn proceedings in the High Court and sheriff court; and

  2. (b)

    in respect of child witnesses as referred to in section 271(1)(a) of the Criminal Procedure (Scotland) Act 1995

Section 3 insofar as it inserts section 15A (other than the reference in sub-section (1) of section 15A to 271I and the reference in section 15A(3)(b) to section 271C)

Only–

  1. (a)

    in respect of solemn proceedings in the High Court and sheriff court; and

  2. (b)

    in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act

Section 4

For all purposes

Section 5

For all purposes

Section 6 insofar as it inserts section 288E into the 1995 Act

Only in respect of solemn proceedings in the High Court and sheriff court

Section 6 insofar as it inserts section 288F into the 1995 Act

Only–

  1. (a)

    in respect of solemn proceedings in the High Court and sheriff court; and

  2. (b)

    in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act

Section 7(1) and (3)

Only–

  1. (a)

    in respect of solemn proceedings in the High Court and sheriff court; and

  2. (b)

    in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act

Section 8

Only in respect of solemn proceedings in the High Court and sheriff court

Sections 11(1)(a), 11(3) and 11(5) (except in section 11(5) the reference to section 18 shall not include section 18(1)(a) and there shall be omitted the definition of vulnerable witness application)

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 12(1) to (4)

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act

Section 13

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 14

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 15 (with omission of the words “or a vulnerable witness application” in section 15(1)(a) and the omission of the words “or vulnerable witness application” in section 15(4)(a))

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act

Section 16 (with omission in the first line of “or other person”)

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act

Section 17(1)

Only in so far as the sections mentioned in section 17(1) have been commenced

Section 17(2)

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 18 (other than sub-section (1)(a))

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 20

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 21

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 22

Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses

Section 23

For all purposes

Section 24

For all purposes