Scottish Statutory Instruments
Criminal Law
Made
11th October 2012
Laid before the Scottish Parliament
15th October 2012
Coming into force
1st November 2012
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 2007(1).
1.—(1) This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 10) Order 2012 and comes into force on 1st November 2012.
(2) In this Order “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.
2. The appointed day for the coming into force of the provisions of the 2007 Act specified in column 1 of the Schedule to this Order, the subject matter of which is specified in column 2, is 1st November 2012.
KENNY MACASKILL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
11th October 2012
Article 2
Column 1 | Column 2 | |
|---|---|---|
(provisions of the 2007 Act) | (subject matter) | |
| Section 29 | Jury citation | |
| Section 41, in so far as not already commenced | Electronic proceedings | |
| Section 42 | Further provision for summary cases | |
(This note is not part of the Order)
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (“the 2007 Act”) received Royal Assent on 22nd February 2007.
Section 41(1) of the 2007 Act came into force on 10th December 2007 for the limited purpose of bringing into force section 303B(6) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), which makes provision for certain citations to be signed by means of electronic signature.
Section 41(2) of the 2007 Act also came into force on 10th December 2007 for the limited purpose of bringing into force sections 308A(2) to (4) of the 1995 Act, which contains certain definitions.
Article 2 of this Order brings section 41 of the 2007 Act into force, in so far as not already in force, on 1st November 2012. It also brings sections 29 and 42 of the 2007 Act into force on the same date.
(This note is not part of the Order)
Provision | Purpose | Date of Commencement | S.S.I. No. |
|---|---|---|---|
| Sections 1 to 6 and 7(2)(c) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 7, in so far as not already commenced, except for section 7(2)(g) | 10th March 2008 | 2008/42 | |
| Sections 8 to 10 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 11 | 10th March 2008 | 2008/42 | |
| Section 12(1) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 12(2) (partially) | To bring section 166B of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) into force | 10th December 2007 | 2007/479 (as amended by 2007/527) |
| Section 12, in so far as not already commenced | 10th March 2008 | 2008/42 | |
| Sections 13 to 15 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Sections 16 and 17 | 10th March 2008 | 2008/42 | |
| Sections 18 to 21 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Sections 22 and 23 | 10th March 2008 | 2008/42 | |
| Sections 24 to 27 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 28 | 10th March 2008 | 2008/42 | |
| Section 30 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 31 | 10th March 2008 | 2008/42 | |
| Sections 32 to 34 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Sections 35 and 36 | 23rd April 2007 | 2007/250 | |
| Sections 37 to 40 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 41(1) (partially) | To bring section 303B(6) of the 1995 Act into force | 10th December 2007 | 2007/479 (as amended by 2007/527) |
| Section 41(2) (partially) | To bring sections 308A(2) to (4) of the 1995 Act into force | 10th December 2007 | 2007/479 (as amended by 2007/527) |
| Section 43 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 44(2) | 23rd April 2007 | 2007/250 | |
| Sections 44, in so far as not already commenced, 45, 47 and 48 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Sections 49 and 50 | 10th March 2008 | 2008/42 | |
| Section 51 | To make work orders where one or more of the alleged offences in relation to which the work order is to be made was committed in a local authority area where arrangements have been made by that local authority for the supervision of any such work order | 2nd June 2008 and 1st April 2011 | 2008/192; and 2011/188 |
| Sections 52 to 54 | 10th March 2008 | 2008/42 | |
| Section 55, except for the purpose of any relevant penalty which requires to be paid in any district court | 10th March 2008 | 2008/42 | |
| Section 56 | 23rd April 2007 | 2007/250 | |
| Sections 57 and 58 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 59 (partially) | To enable orders to be made under section 59(2) of the 2007 Act | 10th December 2007 | 2007/479 (as amended by 2007/527) |
| Section 59(1), (3), (4), (5), (7), in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Section 59(6), (8) and (9) in so far as not already commenced | 10th March 2008 | 2008/42 | |
| Section 59(1), (3), (4), (5) and (7), in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Section 59, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Section 60 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 61 | 10th March 2008 | 2008/42 | |
| Section 62(4) to (7) (except as they apply to stipendiary magistrates) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 62, in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; and 23rd February 2009 | 2008/42; 2008/192; and 2008/362 | |
| Section 62(1) to (3) and (8), but only for the Sheriffdom of Glasgow and Strathkelvin | 8th December 2008 | 2008/329 | |
| Section 62(4) to (7) in so far as not already commenced | 8th December 2008 | 2008/329 | |
| Section 62, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Section 62, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Section 63 except section 63(2) | 10th March 2008 | 2008/42 | |
| Sections 64 to 66 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Sections 67(5) and (6) | 23rd April 2007 | 2007/250 | |
| Sections 67, in so far as not already commenced, and 68 (except subsections (4) and (5)) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 68(4) and (5), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Section 68(4) and (5), but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Section 68, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Section 69 | 23rd April 2007 | 2007/250 | |
| Sections 70 to 73 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Sections 74 and 75, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Section 74, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Section 74, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Section 75, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Section 75, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Sections 76, 77(1) and (4) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Section 77(2), (3) and (5), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Section 77(2), (3) and (5) but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Section 77, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Sections 78 and 79 | 23rd April 2007 | 2007/250 | |
| Section 80 (partially) | To bring into force certain paragraphs of the schedule to the 2007 Act | 23rd April 2007; 10th December 2007; 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2007/250; 2007/479 (as amended by 2007/527); 2008/42; 2008/192; 2008/329; and 2008/362 |
| Section 80, in so far as not already commenced | To bring into force certain paragraphs of the schedule to the 2007 Act | 14th December 2009; 22nd February 2010 | 2009/432 |
| Sections 81 to 84 | 22nd February 2007 | On Royal Assent | |
| Schedule, paragraph 1 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 2 | 10th March 2008 | 2008/42 | |
| Schedule, paragraph 3(a) and (c) | 2nd June 2008; and 1st April 2011 | 2008/192; and 2011/188 | |
| Schedule, paragraph 4, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 4, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | ||
| Schedule, paragraph 4, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 5 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 6 | 23rd April 2007 | 2007/250 | |
| Schedule, paragraph 7, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 7, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 7, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 8 | 10th March 2008 | 2008/42 | |
| Schedule, paragraph 9(1) to (6), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 9(1) to (6), but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 9(1) to (6), in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 9(7), but only in so far as it applies to justices of the peace | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdoms of Glasgow and Strathkelvin; Grampian, Highland and Islands; Lothian and Borders; and Tayside, Central and Fife | 8th December 2008 and 23rd February 2009 | 2008/329 and 2008/362 | |
| Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates | 22nd February 2010 | 2009/432 | |
| Schedule, paragraphs 10 and 11 | 10th March 2008 | 2008/42 | |
| Schedule, paragraphs 12 to 15 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 16(1) | 23rd April 2007 | 2007/250 | |
| Schedule, paragraph 16(2) to 16(6) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraphs 17, 18(1) and (4) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraphs 18(2) and (3) and 19 | 23rd April 2007 | 2007/250 | |
| Schedule, paragraph 20, except for paragraph 20(1)(b)(ii) and 20(3)(b) | 10th March 2008 | 2008/42 | |
| 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 | 10th March 2008 | 2008/42 | |
| Schedule, paragraph 20(3)(b), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 20(3)(b), but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 20(3)(b), in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 21 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 22, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 22, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 22, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraphs 23 and 24 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 25(a) and (d), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 25, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 25(b) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 25(c) | 10th March 2008 | 2008/42 | |
| Schedule, paragraph 26, but only for the Sheriffdoms of Lothian and Borders and Grampian, Highland and Islands | 10th March 2008 and 2nd June 2008 | 2008/42 and 2008/192 | |
| Schedule, paragraph 26, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 26, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 26(a) to (s) and (u) to (v), but only for the Sheriffdom of Glasgow and Strathkelvin | 8th December 2008 | 2008/329 | |
| Schedule, paragraph 26(t), in so far as not already commenced | 8th December 2008 | 2008/329 | |
| Schedule, paragraph 26, in so far as not already commenced, but only for the Sheriffdom of Tayside, Central and Fife | 23rd February 2009 | 2008/362 | |
| Schedule, paragraph 27(a) | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 27(c) (partially) | To repeal paragraph 2 of the schedule to the Bail, Judicial, Appointments etc. (Scotland) Act 2000 | 10th December 2007 | 2007/479 (as amended by 2007/527) |
| Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 27, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraphs 28 and 29 | 10th December 2007 | 2007/479 (as amended by 2007/527) | |
| Schedule, paragraph 30(a), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 30(a), but only for the Sheriffdom of North Strathclyde | 14th December 2009 | ||
| Schedule, paragraph 30(a), in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraphs 31 and 32(a) | 10th March 2008 | 2008/42 | |
| Schedule, paragraph 32(b) and (c), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of North Strathclyde | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 32, in so far as not already commenced | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 33(1) and (2), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife and except for the purposes of any statutory instrument made under the 2007 Act | 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009 | 2008/42; 2008/192; 2008/329; and 2008/362 | |
| Schedule, paragraph 33(1) and (2), but only for the Sheriffdom of North Strathclyde and except for the purposes of any statutory instrument made under the 2007 Act | 14th December 2009 | 2009/432 | |
| Schedule, paragraph 33(1) and (2), in so far as not already commenced, except for the purposes of any statutory instrument made under the 2007 Act | 22nd February 2010 | 2009/432 | |
| Schedule, paragraph 33(3) and (4) | 10th December 2007 | 2007/479 (as amended by 2007/527) |