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Scottish Statutory Instruments
2011 No. 178 (C. 15)
Criminal Law
The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011
Made
7th March 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010(1).
Citation and interpretation
1.-(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011.
(2) In this Order-
"the Act" means the Criminal Justice and Licensing (Scotland) Act 2010;
"the 1982 Act" means the Civic Government (Scotland) Act 1982(2);
"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995(3);
"the 2003 Act" means the Sexual Offences Act 2003(4);
"the 2005 Act" means the Licensing (Scotland) Act 2005(5);
"earlier proceedings" means-
the proceedings to which the appellate proceedings relate; and
in respect of which the first appearance of the accused or, as the case may be, the recording of a plea of not guilty against an accused charged on summary complaint is on or after 6th June 2011;
"the first appearance of the accused" means where in a prosecution under solemn procedure-
an accused appears for the first time on petition; or
an accused appears for the first time on indictment (not having appeared on petition in relation to the same matter).
(3) For the purposes of this Order, where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it is to be taken to have been committed on the first of those days.
Commencement of provisions
2.-(1) The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on the corresponding date specified in column 3 of the Schedule.
(2) Those provisions come into force for all purposes, unless otherwise specified in articles 3 to 10 or column 4 of the Schedule.
Purposes -“ sections 141 (application for section 145 order) to 149 (application for non-attendance order)
3. Sections 141 to 149 of the Act are commenced for all purposes in respect of-
(a)criminal proceedings in which-
(i)the first appearance of the accused; or
(ii)the recording of a plea of not guilty against an accused charged on summary complaint;
is on or after 6th June 2011;
(b)appellate proceedings arising out of such criminal proceedings.
Section 77 (retention of samples etc.)
4.-(1) The amendments made to section 18A of the 1995 Act by-
(a)sub-sections (1), (3)(a) to (c), (e), (f)(i) and (g) of section 77 of the Act, insofar as they relate to relevant physical data, only have effect in relation to such relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act in connection with an offence committed on or after 28th March 2011; and
(b)sub-sections (1), (3)(f)(ii) and (g) of section 77 of the Act, insofar as they relate to any sample or information deriving from a sample taken from a person under section 18(6) or (6A) of the 1995 Act, only have effect where-
(i)that sample or information deriving from that sample was taken in connection with an offence committed on or after 28th March 2011; and
(ii)criminal proceedings are instituted against that person for a relevant sexual offence in section 19A(6)(g) of the 1995 Act, as modified by section 18A(12) of the 1995 Act, on or after 28th March 2011.
(2) Notwithstanding the amendment made to section 18A(1) of the 1995 Act by section 77(3)(a) of the Act, section 18A continues to apply to any sample or information derived from a sample taken from a person under section 18(6) or (6A) of the 1995 Act in connection with an offence committed before 28th March 2011.
Section 78 (retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted)
5. Sections 18B and 18C of the 1995 Act, as inserted by section 78 of the Act, only have effect in respect of-
(a)relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or
(b)any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) of the 1995 Act,
in connection with an offence committed on or after 28th March 2011.
Section 79 (retention of samples etc. taken or provided in connection with certain fixed penalty offences)
6.-(1) Section 18D of the 1995 Act, as inserted by section 79 of the Act, only has effect in respect of-
(a)relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or
(b)any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) of the 1995 Act,
in connection with a fixed penalty offence that was committed on or after 28th March 2011.
(2) For the purpose of this article, "fixed penalty offence" has the meaning given by section 128(1) of the Antisocial Behaviour (Scotland) Act 2004(6).
Section 80 (retention of samples etc. from children referred to children's hearings)
7. Sections 18E and 18F of the 1995 Act, as inserted by section 80 of the Act, only have effect in respect of-
(a)relevant physical data taken from or provided by a child under section 18(2) of the 1995 Act; or
(b)any sample, or any information derived from a sample, taken from a child under section 18(6) or (6A) of the 1995 Act,
in connection with an offence committed on or after 15th April 2011.
Section 81 (extension of section 19A of 1995 Act)
8.-(1) The amendment to section 19A of the 1995 Act made by section 81(a) of the Act only has application in respect of section 18A of the 1995 Act-
(a)where-
(i)relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or
(ii)any sample, or information deriving from a sample, taken from that person under section 18(6) or (6A) of the 1995 Act,
was taken or provided in connection with an offence committed on or after 28th March 2011; and
(b)criminal proceedings in respect of a relevant sexual offence specified in section 19A(6)(g) of the 1995 Act, as modified by section 18A(12) of the 1995 Act, are instituted against that person on or after 28th March 2011.
(2) The amendment to section 19A of the 1995 Act made by section 81(b) of the Act only has application in respect of section 18A of the 1995 Act-
(a)where-
(i)relevant physical data taken or provided by that person under section 18(2) of the 1995 Act; or
(ii)any sample, or information deriving from a sample, taken from that person under section 18(6) or (6A) of the 1995 Act,
was taken or provided in connection with an offence committed on or after 28th March 2011; and
(b)criminal proceedings in respect of a relevant violent offence specified in section 19A(6)(h)(v) of the 1995 Act are instituted against that person on or after 28th March 2011.
Section 82 (use of samples etc.)
9.-(1) Section 19C(1) of the 1995 Act, as inserted by section 82(1) of the Act, applies to relevant physical data, samples and information derived from samples whenever taken or provided.
(2) The amendments to section 56 of the Criminal Justice (Scotland) Act 2003(7) made by section 82(2) of the Act apply in relation to relevant physical data, samples or information derived from samples whenever taken or provided under that section.
Section 177 (licensing of late night catering)
10.-(1) A person who on or after 1st October 2012 carries on the activity designated by section 42(1) of the 1982 Act without a late hours catering licence shall not be guilty of an offence under section 7(1) of the 1982 Act if-
(a)that person made an application to the licensing authority before that date for the grant of the late hours catering licence in respect of the activity being carried on by the person; and
(b)that application has not yet been finally determined.
(2) For the purposes of paragraph (1)(b), an application is finally determined-
(a)when it is withdrawn by the applicant;
(b)when it is granted by the licensing authority;
(c)when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of Schedule 1 to the 1982 Act expires without an appeal against the refusal being made to the sheriff; or
(d)in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of.
(3) For the purposes of paragraph (2)(d), an appeal is disposed of-
(a)when it is abandoned by the appellant; or
(b)when a decision on it is made by the sheriff or a higher court expires without such a subsequent appeal being made.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew's House,
Edinburgh
7th March 2011
Article 2
SCHEDULE
Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (date of commencement) | Column 4 (purpose) | ||
|---|---|---|---|---|---|
| Section 15 | Non-harassment orders | 28th March 2011 | For all purposes where the misconduct complained of occurred on or after the date specified in column 3 | ||
| Section 19 | Early removal of certain short-term prisoners from the United Kingdom | 28th March 2011 | |||
| Section 22 | Pre-sentencing reports about organisations | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 24(1), (2) and (3) | Effect of probation and absolute discharge | 28th March 2011 | |||
| Section 24(4) and (5) | Effect of probation and absolute discharge | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 27 | Mutual recognition of judgments and probation decisions | 28th March 2011 | |||
| Section 32 | Genocide, crimes against humanity and war crimes: UK residents | 28th March 2011 | |||
| Section 33 | Genocide, crimes against humanity and war crimes: retrospective application | 28th March 2011 | |||
| Section 35(1) (but only in relation to subsections (2) and (3)) and (2) and (3) | Sale and hire of crossbows to persons under 18 | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 35(1) (but only in relation to subsection (4)) and (4) | Sale and hire of crossbows to persons under 18 | 28th March 2011 | |||
| Section 36(1) (but only in relation to subsections (2) and (3)) and (2) and (3) | Sale and hire of knives and certain other articles to persons under 18 | 28th March 2011 | |||
| Section 36(1) (but only in relation to subsection (4)) and (4) | Sale and hire of knives and certain other articles to persons under 18 | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 42(1) | Extreme pornography | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 42(2) and (3) | Extreme pornography | 28th March 2011 | |||
| Section 46 | People trafficking | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 47 | Slavery, servitude and forced or compulsory labour | 28th March 2011 | |||
| Section 48 | Alternative charges for fraud and embezzlement | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 49 | Articles for use in fraud | 28th March 2011 | |||
| Section 50 | Conspiracy to commit offences outwith Scotland | 28th March 2011 | For all purposes in respect of acts done by a person in Scotland on or after the date specified in column 3 which would amount to conspiracy to commit an offence | ||
| Section 51 | Abolition of offences of sedition and leasing-making | 28th March 2011 | |||
| Section 52 | Prosecution of children | 28th March 2011 | |||
| Section 53 | Offences: liability of partners | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 54 | Witness statements | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 55 | Breach of undertaking | 28th March 2011 | For all purposes in respect of any breach of undertaking committed on or after the date specified in column 3 | ||
| Section 57 | Bail review applications | 28th March 2011 | For all purposes in respect of any applications under section 30(2) of the 1995 Act received on or after the date specified in column 3 | ||
| Section 58 | Bail condition for identification procedures etc. | 28th March 2011 | For all purposes where the court grants bail to a person on or after the date specified in column 3 | ||
| Section 61 | Transfer of justice of the peace court cases | 28th March 2011 | |||
| Section 62 | Additional charge where bail etc. breached | 28th March 2011 | For all purposes in respect of any breach of bail committed on or after the date specified in column 3 | ||
| Section 65 | Meaning of "organisation" | 28th March 2011 | For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced- | ||
(a) in summary proceedings, on the date of the first calling of the case; and | |||||
(b) in solemn cases, on the date on whichever of the following first occurs:- | |||||
(i) the grant of a warrant to arrest and commit; | |||||
(ii) the intimation of a petition; or | |||||
(iii) the service of an indictment | |||||
| Section 66 | Proceedings on indictment against organisations | 28th March 2011 | For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced- | ||
(a) in summary proceedings, on the date of the first calling of the case; and | |||||
(b) in solemn cases, on the date on whichever of the following first occurs:- | |||||
(i) the grant of a warrant to arrest and commit; | |||||
(ii) the intimation of a petition; or | |||||
(iii) the service of an indictment | |||||
| Section 67 | Prosecution of organisations by summary procedure | 28th March 2011 | For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced- | ||
(a) in summary proceedings, on the date of the first calling of the case; and | |||||
(b) in solemn cases, on the date on whichever of the following first occurs:- | |||||
(i) the grant of a warrant to arrest and commit; | |||||
(ii) the intimation of a petition; or | |||||
(iii) the service of an indictment | |||||
| Section 68 | Manner of citation of organisations in summary proceedings | 28th March 2011 | For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced- | ||
(a) in summary proceedings, on the date of the first calling of the case; and | |||||
(b) in solemn cases, on the date on whichever of the following first occurs:- | |||||
(i) the grant of a warrant to arrest and commit; | |||||
(ii) the intimation of a petition; or | |||||
(iii) the service of an indictment | |||||
| Section 69 | Prohibition of personal conduct of case by accused in certain proceedings | 28th March 2011 | For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal | ||
| Section 70 | Disclosure of convictions and non-court disposals | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 72 | Time limits for lodging certain appeals | 28th March 2011 | |||
| Section 73 | Submissions as to sufficiency of evidence | 28th March 2011 | For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn | ||
| Section 74 | Prosecutor's right of appeal | 28th March 2011 | For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn | ||
| Section 75 | Power of High Court in appeal under section 107A of 1995 Act | 28th March 2011 | |||
| Section 76 | Further amendment of 1995 Act | 28th March 2011 | For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn | ||
| Section 77(1) | Retention of samples etc. | 28th March 2011 | For the purposes of amending sections 18(3) and 18A of the 1995 Act | ||
| Section 77(1) (in so far as not already in force) | Retention of samples etc. | 1st August 2011 | |||
| Section 77(2)(a) and (3) | Retention of samples etc. | 28th March 2011 | |||
| Section 77(2)(b) and (c) | Retention of samples etc. | 1st August 2011 | |||
| Section 78 | Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted | 28th March 2011 | |||
| Section 79 | Retention of samples etc. taken or provided in connection with certain fixed penalty offences | 28th March 2011 | |||
| Section 80 (in so far as not already in force) | Retention of samples etc. from children referred to children's hearings | 15th April 2011 | |||
| Section 81 | Extension of section 19A of 1995 Act | 28th March 2011 | |||
| Section 82 | Use of samples etc. | 1st August 2011 | |||
| Section 84 | Admissibility of prior statements of witnesses: abolition of competence test | 28th March 2011 | |||
| Section 85 | Witness statements: use during trial | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 86 | Spouse or civil partner of accused a compellable witness | 28th March 2011 | For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced- | ||
(a) in summary proceedings, on the date of the first calling of the case; and | |||||
(b) in solemn cases, on the date on whichever of the following first occurs:- | |||||
(i) the grant of a warrant to arrest and commit; | |||||
(ii) the intimation of a petition; or | |||||
(iii) the service of an indictment | |||||
| Section 87 | Special measures for child witnesses and other vulnerable witnesses | 28th March 2011 | For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal | ||
| Section 88 | Child witnesses in proceedings for people trafficking offences | 28th March 2011 | For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal | ||
| Section 89 | Amendment of Criminal Justice (Scotland) Act 2003 | 28th March 2011 | |||
| Section 90 | Witness anonymity orders | 28th March 2011 | |||
| Section 91 | Television link evidence | 28th March 2011 | For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal | ||
| Section 102(1) | Sex offender notification requirements | 28th March 2011 | For the purposes of amending sections 86, 87, 96 and 138 of the 2003 Act and commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act | ||
| Section 102(2) | Sex offender notification requirements | 28th March 2011 | Only for the purpose of commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act | ||
| Section 102(3) to (6) | Sex offender notification requirements | 28th March 2011 | |||
| Section 106 | Grant of authorisations for surveillance | 28th March 2011 | |||
| Section 107 | Authorisations to interfere with property etc. | 28th March 2011 | |||
| Section 115 | Compensation orders | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 116 | Meaning of "information" | 6th June 2011 | |||
| Section 117 | Provision of information to prosecutor: solemn cases | 6th June 2011 | For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3 | ||
| Section 118 | Continuing duty to provide information: solemn cases | 6th June 2011 | For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3 | ||
| Section 119 | Provision of information to prosecutor: summary cases | 6th June 2011 | For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3 | ||
| Section 120 | Continuing duty of investigating agency: summary cases | 6th June 2011 | For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3 | ||
| Section 121 | Prosecutor's duty to disclose information | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 122 | Disclosure of other information: solemn cases | 6th June 2011 | For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3 | ||
| Section 123(1), (2), (5) and (6) | Continuing duty of prosecutor | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 123(3) and (4) | Continuing duty of prosecutor | 6th June 2011 | For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3 | ||
| Section 124 | Defence statements: solemn proceedings | 6th June 2011 | For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3 | ||
| Section 125 | Defence statements: summary proceedings | 6th June 2011 | For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3 | ||
| Section 126 | Change in circumstances following lodging of defence statement: summary proceedings | 6th June 2011 | For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3 | ||
| Section 127 | Sections 121 to 126: no need to disclose same information more than once | 6th June 2011 | For all purposes in respect of criminal proceedings in which- (a) the first appearance of the accused; or | ||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 128 | Application by accused for ruling on disclosure | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 129 | Review of ruling under section 128 | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 130 | Appeals against rulings under section 128 | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 131 | Effect of guilty plea | 6th June 2011 | For all purposes in respect of criminal proceedings in which- | ||
(a) the first appearance of the accused; or | |||||
(b) the recording of a plea of not guilty against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3 | |||||
| Section 132 | Sections 133 to 140: interpretation | 6th June 2011 | For all purposes in respect of appellate proceedings arising out of earlier proceedings | ||
| Section 133 | Duty to disclose after conclusion of proceedings at first instance | 6th June 2011 | For all purposes in respect of appellate proceedings arising out of earlier proceedings | ||
| Section 134 | Continuing duty of prosecutor | 6th June 2011 | For all purposes in respect of appellate proceedings arising out of earlier proceedings | ||
| Section 135 | Application to prosecutor for further disclosure | 6th June 2011 | For all purposes in respect of appellate proceedings arising out of earlier proceedings | ||
| Section 136 | Further duty of prosecutor: conviction upheld on appeal | 6th June 2011 | For all purposes in respect of appellate proceedings, as concluded, which arose in respect of earlier proceedings | ||
| Section 137 | Further duty of prosecutor: convicted persons | 6th June 2011 | For all purposes in respect of criminal proceedings, as concluded, in which the first appearance of the accused or the recording of a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column 3 | ||
| Section 138 | Further duty of prosecutor: appeal against acquittal | 6th June 2011 | For all purposes in respect of appellate proceedings, in respect of which section 138 makes provision, arising out of proceedings in which the first appearance of the accused is, or the recording of a plea of not guilty against an accused charged on summary complaint is, on or after the date specified in column 3 | ||
| Section 139 | Application by appellant for ruling on disclosure | 6th June 2011 | For all purposes in respect of appellate proceedings arising out of earlier proceedings | ||
| Section 140 | Review of ruling under section 139 | 6th June 2011 | For all purposes in respect of appellate proceedings arising out of earlier proceedings | ||
| Section 141 | Application for section 145 order | 6th June 2011 | |||
| Section 142 | Application for non-notification order or exclusion order | 6th June 2011 | |||
| Section 143 | Application for non-notification order and exclusion order | 6th June 2011 | |||
| Section 144 | Application for exclusion order | 6th June 2011 | |||
| Section 145 | Application for section 145 order: determination | 6th June 2011 | |||
| Section 146 | Order preventing or restricting disclosure: application by Secretary of State | 6th June 2011 | |||
| Section 147 | Application for ancillary orders: Secretary of State | 6th June 2011 | |||
| Section 148 | Application for restricted notification order and non-attendance order | 6th June 2011 | |||
| Section 149 | Application for non-attendance order | 6th June 2011 | |||
| Section 150 | Special counsel | 6th June 2011 | |||
| Section 151 | Persons eligible for appointment as special counsel | 6th June 2011 | |||
| Section 152 | Role of special counsel | 6th June 2011 | |||
| Section 153 | Appeals | 6th June 2011 | |||
| Section 154 | Prohibition on disclosure pending determination of certain appeals | 6th June 2011 | |||
| Section 155 | Review of section 145 order | 6th June 2011 | |||
| Section 156 | Review of section 146 order | 6th June 2011 | |||
| Section 157 | Review by court of section 145 and 146 orders | 6th June 2011 | |||
| Section 158 | Applications and reviews: general provisions | 6th June 2011 | |||
| Section 159 | Exemptions from disclosure | 6th June 2011 | |||
| Section 160 | Means of disclosure | 6th June 2011 | |||
| Section 161 | Redaction of non-disclosable information by prosecutor | 6th June 2011 | |||
| Section 162 | Confidentiality of disclosed information | 6th June 2011 | |||
| Section 163 | Contravention of section 162 | 6th June 2011 | |||
| Section 164 | Code of practice | 6th June 2011 | |||
| Section 165 | Acts of Adjournal | 6th June 2011 | |||
| Section 166 | Abolition of common law rules about disclosure | 6th June 2011 | For all purposes in respect of- (a) criminal proceedings in which- | ||
(i) the first appearance of the accused; or | |||||
(ii) a plea of not guilty is recorded against an accused charged on summary complaint, | |||||
| is on or after the date specified in column 3; | |||||
(b) appellate proceedings arising out of criminal proceedings mentioned in paragraph (a). | |||||
| Section 167 | Interpretation of Part 6 | 6th June 2011 | |||
| Section 172(1) to (3),(4)(a), (5) and (6) | Conditions to which licences under 1982 Act are to be subject | 28th March 2011 | For all purposes in respect of licence applications under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3 | ||
| Section 175 | Licensing of street trading: food hygiene certificates | 28th March 2011 | For all purposes in respect of applications for a street traders licence under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3 | ||
| Section 176 | Licensing of public entertainment | 1st April 2012 | |||
| Section 177 | Licensing of late night catering | 1st October 2012 | |||
| Section 186 | Premises licence applications: food hygiene certificates | 28th March 2011 | For all purposes in respect of applications for a premises licence made under section 20 of the 2005 Act to a licensing board on or after the date specified in column 3 | ||
| Section 188(2) | Sale of alcohol to trade | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | ||
| Section 189 | Occasional licences | 1st October 2011 | For all purposes in respect of applications for an occasional licence made under section 56 of the 2005 Act to a licensing board on or after the date specified in column 3 | ||
| Section 190 | Extended hours applications: notification period | 1st October 2011 | For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3 | ||
| Section 191 | Extended hours applications: variation of conditions | 28th March 2011 | For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3 | ||
| Section 203 | Modification of enactments | 28th March 2011 | |||
| Schedule 5 | Witness anonymity orders: transitional | 28th March 2011 | |||
| The following paragraphs of Schedule 7:- | Modifications of enactments | 28th March 2011 | |||
| 1, 2, 3, 6, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25, 27, 28, 29, 30, 31, 34, 35, 36, 44, 45, 47, 50, 52, 53, 54, 55, 56, 59, 60, 61, 63, 64, 65, 67, 68, 69, 72, 74, 77, 78, 79, 80, 81, 82 and 83 | |||||
| Schedule 7, paragraph 24 | 28th March 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 | |||
| Schedule 7, paragraph 33 | 1st August 2011 | ||||
EXPLANATORY NOTE
(This note is not part of the Order)
The Criminal Justice and Licensing (Scotland) Act 2010 ("the Act") received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.
This Order brings into force certain other provisions of the Act. The Schedule to this Order specifies the date certain provisions of the Act come into force. Article 2 of this Order provides that the provisions contained in column 1 of the Schedule come into force on the date specified in column 3. Those provisions come into force for all purposes unless otherwise specified in articles 3 to 10 or column 4 of the Schedule.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the 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. |
|---|---|---|---|
| Section 14(1) (in part) and (2) | For all purposes apart from inserting section 227ZM into the 1995 Act | 1st February 2011 | 2010/413 |
| Section 14(1) (in so far as not already in force) | To bring section 227ZM of the 1995 Act into force | 1st April 2011 | 2010/413 |
| Section 16 | 13th December 2010 | 2010/413 | |
| Sections 17, 20 and 21 | 1st February 2011 | 2010/413 | |
| Section 23 | 13th December 2010 | 2010/413 | |
| Sections 25 and 26 | 13th December 2010 | 2010/413 | |
| Sections 28 to 31 | 13th December 2010 | 2010/413 | |
| Section 34 | 13th December 2010 | 2010/413 | |
| Section 37 | 13th December 2010 | 2010/413 | |
| Section 38 | 6th October 2010 | 2010/339 | |
| Sections 39 to 41 | 13th December 2010 | 2010/413 | |
| Sections 43 and 44 | 1st December 2010 | 2010/357 | |
| Section 45 | 13th December 2010 | 2010/413 | |
| Section 56 | 13th December 2010 | 2010/413 | |
| Sections 59 and 60 | 13th December 2010 | 2010/413 | |
| Section 63 | 1st December 2010 | 2010/357 | |
| Section 64 | 13th December 2010 | 2010/413 | |
| Section 71 | 13th December 2010 | 2010/413 | |
| Section 80 | To bring section 18E(6), (7) and (10) of the 1995 Act into force | 13th December 2010 | 2010/413 |
| Section 83 | 5th November 2010 | 2010/385 | |
| Section 93 | 13th December 2010 | 2010/413 | |
| Sections 94 to 96 | 10th January 2011 | 2010/413 | |
| Section 97 | 6th October 2010 | 2010/339 | |
| Section 99 | 13th December 2010 | 2010/413 | |
| Section 101 | 13th December 2010 | 2010/413 | |
| Sections 104 and 105 | 13th December 2010 | 2010/413 | |
| Section 108(1)(in part) and (4) | 12th October 2010 | 2010/344 | |
| Section 108(1) to (3) and (4) (in so far as not already in force) | 28th February 2011 | 2011/157 | |
| Sections 111 to 114 | 13th December 2010 | 2010/413 | |
| Section 173 | 13th December 2010 | 2010/413 | |
| Section 178(3)(e) | To amend paragraph 9(3)(e) and (f) of Schedule 2 to the Civic Government (Scotland) Act 1982 | 16th August 2010 | 2010/297 |
| Section 178 (in so far as not already in force) | 28th February 2011 | 2010/413 | |
| Sections 180 and 181 | 13th December 2010 | 2010/413 | |
| Section 182 | 28th February 2011 | 2010/413 | |
| Section 183 | 13th December 2010 | 2010/413 | |
| Section 184(1) and (2) and (3) (both partially) | 13th December 2010 | 2010/413 | |
| Section 185 | 13th December 2010 | 2010/413 | |
| Section 187 | 13th December 2010 | 2010/413 | |
| Section 188(1) and (3) | 13th December 2010 | 2010/413 | |
| Section 192 to 194 | 13th December 2010 | 2010/413 | |
| Section 195(1),(2) and (3) (partially) | 13th December 2010 | 2010/413 | |
| Section 196 | 13th December 2010 | 2010/413 | |
| Section 198 and 199 | 13th December 2010 | 2010/413 | |
| Schedule 2 (with the exception of paragraph 38) | 1st February 2010 | 2010/413 | |
| Schedule 2 (in so far as not already in force) | The day that section 25(2) of the Welfare Reform Act 2009 (c. 24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force | 2010/413 | |
| Schedule 4 (with the exception of paragraph 12) | 13th December 2010 | 2010/413 | |
| Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17) | 13th December 2010 | 2010/413 | |
| Schedule 7, paragraphs-“ | |||
| 4 | 13th December 2010 | 2010/413 | |
| 5 | 13th December 2010 | 2010/413 | |
| 13 | 13th December 2010 | 2010/413 | |
| 48 | 10th January 2011 | 2010/413 | |
| 49 | 13th December 2010 | 2010/413 | |
| 86 | 13th December 2010 | 2010/413 |