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Criminal Justice (Scotland) Act 1995
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Changes over time for: Section 113
Version Superseded: 01/04/1996
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- 31/03/1996- Amendment
- 31/03/1996
Point in time - Stop date 01/04/1996- Amendment
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113 Transitional provision, amendment of 1987 Act, etc.S
(1)Where a person is charged with an offence in relation to which provision is made by Chapter I of this Part, being an offence committed before the coming into force of the said Chapter I, that Chapter shall not affect the powers of the court in the event of his being convicted of the offence.
(2)Where a person is charged with an offence committed before the coming into force of Chapter II of this Part, in the event of his being convicted of the offence, the court shall be entitled to exercise the powers conferred by section 223 or section 436 of the 1975 Act, but not the powers conferred by that Chapter.
(3)The 1987 Act shall be amended as specified in Schedule 5 to this Act.
(4)Section 28 of the M1Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.
(5)In section 1(2)(a) of the M2Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent person becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or on a conviction does not include a reference to an amount payable under a confiscation order.
(6)Section 281(4) of the M3Insolvency Act 1986 (discharge of bankrupt not to release him from liabilities in respect of fines, etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
(7)Section 55(2) of the M4Bankruptcy (Scotland) Act 1985 (discharge of debtor not to release him from liabilities in respect of fines, etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
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