2008 No. 42 (C. 4)
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Savings) Order 2008
Made
The Scottish Ministers make the following Order in exercise of the powers conferred by section 84(1) and (2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 20071.
Citation1
This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Savings) Order 2008.
Interpretation2
In this Order–
“the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and
“the 1995 Act” means the Criminal Procedure (Scotland) Act 19952.
Commencement3
1
The provisions of the 2007 Act specified in column 1 of the Schedule to this Order, the subject matter being specified in column 2, come into force on 10th March 2008.
2
The coming into force of the provisions listed in the Schedule to this Order are subject to–
a
the savings in articles 4 to 6; and
b
any exceptions or limitations on extent specified in that Schedule.
3
Where a particular purpose or area is specified in relation to any provision in column 1 of the Schedule to this Order, that provision shall come into force on 10th March 2008 for that purpose or in that area only.
Savings relating to liberation on undertaking4
1
The provisions of section 7 of the 2007 Act which are commenced by this Order3 shall not apply for the purposes of any undertaking entered into under sections 21 or 22 of the 1995 Act before 10th March 2008.
2
Without prejudice to the generality of paragraph (1), “purposes” shall include any proceedings relating to any such undertaking.
Savings relating to disclosure of convictions5
The provisions of section 12 of the 2007 Act which are commenced by this Order (being the provisions which insert section 166A into the 1995 Act)4 shall only apply where the offence which the court is deciding the disposal of was committed on or after 10th March 2008.
Savings relating to fixed penalty offers6
Sections 50(1), 52, 53 and 54 of the 2007 Act shall not apply to any conditional offer (under section 302 of the 1995 Act) made before 10th March 2008.
SCHEDULEPROVISIONS COMING INTO FORCE ON 10TH MARCH 2008
Column 1 | Column 2 |
---|---|
(provisions of the 2007 Act) | (subject matter) |
Section 7, in so far as not already commenced, except for section 7(2)(g) | Liberation on undertaking |
Section 11 | Pre-trial time limits |
Section 12 in so far as not already commenced | Disclosure of convictions |
Section 16 | Obstructive witnesses |
Section 17 | Prosecution of companies etc. |
Section 22 | Transfer of proceedings |
Section 23 | Time bar for transferred and related cases |
Section 28 | Proceedings against bodies corporate |
Section 31 | Petition proceedings outwith sheriffdom |
Section 49 | Compensation orders |
Section 50 | Fixed penalty and compensation offers |
Section 52 | Setting aside of offers and orders |
Section 53 | Disclosure of previous offers |
Section 54 | Time bar where offer made |
Section 55, except for the purposes of any relevant penalty which requires to be paid in any district court | Fines enforcement officers and their functions |
Section 59(1), (3), (4), (5), (7), in so far as not already commenced, but only for the Sheriffdom of Lothian and Borders | Establishing JP Courts |
Section 59(6), (8) and (9) in so far as not already commenced | Establishing JP Courts |
Section 61 | Administration of JP courts |
Section 62, in so far as not already commenced, but only for the Sheriffdom of Lothian and Borders | Area and territorial jurisdiction of JP courts |
Section 63 except section 63(2) | Constitution and powers etc. of JP courts |
Section 68(4) and (5), but only for the Sheriffdom of Lothian and Borders | Conditions of Office |
Section 74, but only for the Sheriffdom of Lothian and Borders | Appointment of stipendiary magistrates |
Section 75, but only for the Sheriffdom of Lothian and Borders | Stipendiary magistrates: further provision |
Section 77(2) and (3), but only for the Sheriffdom of Lothian and Borders | Records and validity of appointment etc. |
Section 77(5), but only for the Sheriffdom of Lothian and Borders | Records and validity of appointment etc. |
Section 80 for the purpose of bringing into force the following paragraphs of the schedule | Modification of enactments |
Schedule, paragraph 2 | Modification of the Public Records (Scotland) Act 19375 |
Schedule, paragraph 4, but only for the Sheriffdom of Lothian and Borders | Modification of the Education (Scotland) Act 19806 |
Schedule, paragraph 7, but only for the Sheriffdom of Lothian and Borders | Modification of the Road Traffic Offenders Act 19887 |
Schedule, paragraph 8 | Modification of the Environmental Protection Act 19908 |
Schedule, paragraph 9(1) to (6), but only for the Sheriffdom of Lothian and Borders | Modification of the 1995 Act |
Schedule, paragraph 10 | Modification of the 1995 Act |
Schedule, paragraph 11 | Modification of the 1995 Act |
Schedule, paragraph 20, except for paragraph 20(1)(b)(ii) and 20(3)(b) | Modification of the 1995 Act |
Schedule, paragraph 20(1)(b)(ii), except for the purposes of any fines or expenses which require to be paid to the clerk of any district court | Modification of the 1995 Act |
Schedule, paragraph 20(3)(b), but only for the Sheriffdom of Lothian and Borders | Modification of the 1995 Act |
Schedule, paragraph 22, but only for the Sheriffdom of Lothian and Borders | Modification of the 1995 Act |
Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of Lothian and Borders | Modification of the 1995 Act |
Schedule, paragraph 25(c) | Modification of the 1995 Act |
Schedule, paragraph 26, but only for the Sheriffdom of Lothian and Borders | Modification of the 1995 Act |
Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of Lothian and Borders | Modification of the Bail, Judicial Appointments etc. (Scotland) Act 20009 |
Schedule, paragraph 30(a), but only for the Sheriffdom of Lothian and Borders | Modification of the Criminal Justice (Scotland) Act 200310 |
Schedule, paragraph 31 | Modification of the Dog Fouling (Scotland) Act 200311 |
Schedule, paragraph 32(a) | Modification of the Antisocial Behaviour etc. (Scotland) Act 200412 |
Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of Lothian and Borders | Modification of the Antisocial Behaviour etc. (Scotland) Act 2004 |
Schedule, paragraphs 33(1) and (2), but only for the Sheriffdom of Lothian and Borders and except for the purposes of any statutory instrument made under the 2007 Act | Enactments generally: references to district court and justices of the peace |
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the 2007 Act have been brought into force by commencement orders made before the date of this Order.
Provision | Purpose | Date of Commencement | S.S.I.No. |
---|---|---|---|
Sections 1 to 6, 7(2)(c), 8 to 10, 12(1) | 10th December 2007 | ||
Section 12(2)(partially) | To bring section 166B of the 1995 Act into force | 10th December 2007 | |
Sections 13 to 15, 18 to 21, 24 to 27, 30, 32 to 34 | 10th December 2007 | ||
Sections 35 and 36 | 23rd April 2007 | ||
Sections 37 to 40 | 10th December 2007 | ||
Section 41(1) (partially) | To bring section 303B(6) of the 1995 Act into force | 10th December 2007 | |
Section 41(2) (partially) | To bring sections 308A(2) to (4) of the 1995 Act into force | 10th December 2007 | |
Section 43 | 10th December 2007 | ||
Section 44(2) | 23rd April 2007 | ||
Sections 44 (in so far as not already commenced), 45, 47 to 48 | 10th December 2007 | ||
Section 56 | 23rd April 2007 | ||
Sections 57 and 58 | 10th December 2007 | ||
Section 59 (partially) | To enable orders to be made under section 59(2) of the 2007 Act | 10th December 2007 | |
Section 60 | 10th December 2007 | ||
Section 62(4) to (7) (except as they apply to stipendiary magistrates) | 10th December 2007 | ||
Sections 64 to 66 | 10th December 2007 | ||
Sections 67(5) and (6) | 23rd April 2007 | ||
Section 67 (in so far as not already commenced), 68 (except subsections (4) and (5)) | 10th December 2007 | ||
Section 69 | 23rd April 2007 | ||
Sections 70 to 73, 76, 77(1) and (4) | 10th December 2007 | ||
Section 78 and 79 | 23rd April 2007 | ||
Section 80 (partially) | To bring into force certain paragraphs of the schedule to the 2007 Act. | 23rd April 2007 and 10th December 2007 | |
Section 81 to 83 | 22nd February 2007 | On Royal Assent | |
Schedule, paragraph 1 and 5 | 10th December 2007 | ||
Schedule, paragraph 6 | 23rd April 2007 | ||
Schedule, paragraph 9(7) | For application to justices of the peace only | 10th December 2007 | |
Schedule, paragraphs 12 to 15 | 10th December 2007 | ||
Schedule, paragraph 16(1) | 23rd April 2007 | ||
Schedule, paragraph 16(2) to 16(6) | 10th December 2007 | ||
Schedule, paragraphs 17, 18(1) and (4) | 10th December 2007 | ||
Schedule, paragraphs 18(2) and (3), 19 | 23rd April 2007 | ||
Schedule, paragraphs 21, 23, 24, 25(b), 27(a) | 10th December 2007 | ||
Schedule, paragraph 27(c) (partially) | To repeal paragraph 2 of the Bail, Judicial, Appointments etc. (Scotland) Act 2000 | 10th December 2007 | |
Schedule, paragraphs 28 29, 33(3) and (4) | 10th December 2007 |