EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations modify the expiry dates for the temporary justice measures contained in the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (“the 2022 Act”).
Paragraphs 15, 22(3) and (4) and 23 of the schedule of the 2022 Act make temporary provision in relation to failures to appear before court following police liberation, pre-trial and pre-sentence remand periods and the power of the court to adjourn cases. Regulation 2 provides that those provisions will expire at the end of 29 November 2023, instead of at the end of 30 November 2023.
Regulation 3 modifies the expiry date in section 52(1) of the 2022 Act so that it reads “30 November 2024” rather than “30 November 2023”. The effect of this regulation is that all of the temporary justice measures which remain in force after 29 November 2023 will not expire at the end of 30 November 2023 but instead will be extended for twelve months, expiring at the end of 30 November 2024.
Saving provision is made in regulation 4, so that the pre-trial remand periods in paragraph 22(3) of the schedule of the 2022 Act continue to apply in respect of complaints which were brought in court prior to 30 November 2023.
A Business and Regulatory Impact Assessment was published for the Bill which led to the 2022 Act and is available on the Scottish Government’s website: Coronavirus (Recovery and Reform) (Scotland) Bill: business and regulatory impact assessment - gov.scot (www.gov.scot).