Act of Adjournal (Consolidation Amendment No. 4) (Supervised Attendance Orders) 1991

Statutory Instruments

1991 No. 2677 (S.210)

HIGH COURT OF JUSTICIARY, SCOTLAND

SUMMARY JURISIDCTION, SCOTLAND

Act of Adjournal (Consolidation Amendment No. 4) (Supervised Attendance Orders) 1991

Made

26th November 1991

Coming into force

18th December 1991

The Lord Justice General, the Lord Justice Clerk and Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by sections 282 and 457 of the Criminal Procedure (Scotland) Act 1975(1), and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Consolidation Amendment No. 4) (Supervised Attendance Orders) 1991 and shall come into force on 18th December 1991.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of Act of Adjournal (Consolidation) 1988

2.—(1) The Act of Adjournal (Consolidation) 1988(2) shall be amended in accordance with the following sub-paragraphs.

(2) After rule 83B(3) (use of certified copy documents in certain proceedings), insert the following new rule:—

“Form of supervised attendance order

83C.   A supervised attendance order under section 62 of the Law Reform (Miscellaneous Provisions0 (Scotland) Act 1990(4) shall be in the form set out in Form 36B of Schedule 1.”.

(3) After rule 126B (use of certified copy documents in certain proceedings(5), insert the following rule:—

“Form of supervised attendance order

126C.   A supervised attendance order under section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall be in the form set out in Form 36B of Schedule 1.”.

(4) In Form 35 in Schedule 1 (form of probation order), at the end of the form, insert the following:—

“

”

(5) After Form 36A in Schedule 1 (form of charge for payment of fine)(6), insert Form 36B in the Schedule to this Act of Adjournal.

J.A.D. Hope

Lord Justice General, IPD

Edinburgh

26th November 1991

Paragraph 2(5), Rules 83C and 126C

SCHEDULE FORM 36B

Explanatory Note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Act of Adjournal (Consolidation) 1988 (S.I. 1988/110) by—

(a) prescribing a form of supervised attendance order under section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (paragraphs 2(2), (3), (5) and Schedule 1);

(b) amending the form of probation order (paragraph 2(4)).

(1)

1975 c. 21; section 282 was amended by paragraph 47 of, and section 457 by paragraph 72 of, Schedule 7 to the Criminal Justice (Scotland) Act 1980 (c. 62).

(2)

S.I. 1988/110; the relevant amending instrument is S.I. 1989/1020.

(3)

Rule 83B was inserted by S.I. 1989/1020.

(4)

1990 c. 40.

(5)

Rule 126B was inserted by S.I. 1991/2676.

(6)

Form 36A was inserted by S.I. 1989/1020.