Scottish Statutory Instruments
Criminal Law
High Court Of Justiciary
Sheriff Appeal Court
Made
16th September 2015
Laid before the Scottish Parliament
18th September 2015
Coming into force
19th October 2015
1.-(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 13) and the Courts Reform (Scotland) Act 2014 (Commencement No. 4) Order 2015 and comes into force on the appointed day.
(2) In this Order-
"the 2010 Act" means the Criminal Justice and Licensing (Scotland) Act 2010;
"the 2014 Act" means the Courts Reform (Scotland) Act 2014; and
"the appointed day" means 19th October 2015.
2. The following provisions come into force on the appointed day-
(a)Sections 1 to 13 of the 2010 Act, in so far as not already in force;
(b)Schedule 1 to the 2010 Act, in so far as not already in force;
(c)Section 132 of the 2014 Act, for the purpose of bringing into force paragraph 17 of schedule 5 to the 2014 Act; and
(d)Paragraph 17 of schedule 5 to the 2014 Act.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew's House,
Edinburgh
16th September 2015
(This note is not part of the Order)
This Order brings into force on 19th October 2015 certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010 ("the 2010 Act") and the Courts Reform (Scotland) Act 2014 ("the 2014 Act").
Article 2 of this Order brings fully into force sections 1 to 13, and schedule 1 to the 2010 Act, insofar as these provisions are not in force already. Article 2 also brings into force section 132 of the 2014 Act for the purpose of bringing into force paragraph 17 of schedule 5 to the 2014 Act, which is also commenced.
The 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204 and 206 came into force on Royal Assent. The 2014 Act received Royal Assent on 10th November 2014. Sections 133, 134(1) and (3) and 135 to 139 came into force the following day.
(This note is not part of the Order)
The following provisions of the 2010 Act have been brought into force by commencement orders made before the date of this Order.
Provision | Date of Commencement | S.S.I. No. |
---|---|---|
Section 1(1) | 7th May 2015 | 2015/177 |
Section 1(2) (partially) | 7th May 2015 | 2015/177 |
Section 14(1) (partially) | 1st February 2011 | 2010/413 |
Section 14(1) (for all remaining purposes) | 1st April 2011 | 2010/413 |
Section 14(2) | 1st February 2011 | 2010/413 |
Section 15 | 28th March 2011 | 2011/178 |
Section 16 | 13th December 2010 | 2010/413 |
Section 17 | 1st February 2011 | 2010/413 |
Section 19 | 28th March 2011 | 2011/178 |
Sections 20 and 21 | 1st February 2011 | 2010/413 |
Section 22 | 28th March 2011 | 2011/178 |
Section 23 | 13th December 2010 | 2010/413 |
Section 24 | 28th March 2011 | 2011/178 |
Sections 25 and 26 | 13th December 2010 | 2010/413 |
Section 27 | 28th March 2011 | 2011/178 |
Sections 28 to 31 | 13th December 2010 | 2010/413 |
Sections 32 and 33 | 28th March 2011 | 2011/178 |
Section 34 | 13th December 2010 | 2010/413 |
Section 35 | 28th March 2011 | 2011/178 |
Section 36 | 28th March 2011 | 2011/178 |
Section 37 | 13th December 2010 | 2010/413 |
Section 38 | 6th October 2010 | 2010/339 |
Sections 39 to 41 | 13th December 2010 | 2010/413 |
Section 42 | 28th March 2011 | 2011/178 |
Sections 43 and 44 | 1st December 2010 | 2010/357 |
Section 45 | 13th December 2010 | 2010/413 |
Sections 46 to 53 | 28th March 2011 | 2011/178 |
Section 54 | 6th June 2011 | 2011/178 |
Section 55 | 28th March 2011 | 2011/178 |
Section 56 | 13th December 2010 | 2010/413 |
Sections 57 and 58 | 28th March 2011 | 2011/178 |
Sections 59 and 60 | 13th December 2010 | 2010/413 |
Sections 61 and 62 | 28th March 2011 | 2011/178 |
Section 63 | 1st December 2010 | 2010/357 |
Section 64 | 13th December 2010 | 2010/413 |
Sections 65 to 70 | 28th March 2011 | 2011/178 |
Section 71 | 13th December 2010 | 2010/413 |
Sections 72 to 76 | 28th March 2011 | 2011/178 |
Section 77(1) (partially) | 28th March 2011 | 2011/178 |
Section 77(1) (for all remaining purposes) | 1st August 2011 | 2011/178 |
Section 77(2)(a) | 28th March 2011 | 2011/178 |
Section 77(2)(b) and (c) | 1st August 2011 | 2011/178 |
Section 77(3) | 28th March 2011 | 2011/178 |
Sections 78 and 79 | 28th March 2011 | 2011/178 |
Section 80 (partially) | 13th December 2010 | 2010/413 |
Section 80 (for all remaining purposes) | 15th April 2011 | 2011/178 |
Section 81 | 28th March 2011 | 2011/178 |
Section 82 | 1st August 2011 | 2011/178 |
Section 83 | 5th November 2010 | 2010/385 |
Section 84 | 28th March 2011 | 2011/178 |
Section 85 | 6th June 2011 | 2011/178 |
Sections 86 to 91 | 28th March 2011 | 2011/178 |
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 100 | 1st November 2011 | 2011/354 |
Section 101 | 13th December 2010 | 2010/413 |
Section 102(1) (partially), (2) (partially) and (3) to (6) | 28th March 2011 | 2011/178 |
Section 102 (1) and (2) insofar as not already in force | 8th July 2013 | 2013/214 |
Section 103 | 1st November 2011 | 2011/354 |
Sections 104 and 105 | 13th December 2010 | 2010/413 |
Sections 106 and 107 | 28th March 2011 | 2011/178 |
Section 108(1) (partially) and (4) | 12th October 2010 | 2010/344 |
Section 108 (for all remaining purposes) | 28th February 2011 | 2011/157 |
Section 109 | 1st November 2011 | 2011/354 |
Section 110 | 1st November 2011 | 2011/354 |
Sections 111 to 114 | 13th December 2010 | 2010/413 |
Section 115 | 28th March 2011 | 2011/178 |
Sections 116 to 167 | 6th June 2011 | 2011/178 |
Sections 168 to 171 | 25th June 2012 | 2012/160 |
Section 172(1) to (3), (4)(a), (5) and (6) | 28th March 2011 | 2011/178 |
Section 173 | 13th December 2010 | 2010/413 |
Section 174 | 1st November 2011 | 2011/354 |
Section 175 | 28th March 2011 | 2011/178 |
Section 176 | 1st April 2012 | 2011/178 |
Section 177 | 1st October 2012 | 2011/178 |
Section 178(3)(e) | 16th August 2010 | 2010/297 |
Section 178 (for all remaining purposes) | 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), (2) (partially) and (3) (partially) | 13th December 2010 | 2010/413 |
Section 184 (for all remaining purposes) | 1st November 2011 | 2011/354 |
Section 185 | 13th December 2010 | 2010/413 |
Section 186 | 28th March 2011 | 2011/178 |
Section 187 | 13th December 2010 | 2010/413 |
Section 188(1) | 13th December 2010 | 2010/413 |
Section 188(2) | 28th March 2011 | 2011/178 |
Section 188(3) | 13th December 2010 | 2010/413 |
Sections 189 and 190 | 1st October 2011 | 2011/178 |
Section 191 | 28th March 2011 | 2011/178 |
Sections 192 to 194 | 13th December 2010 | 2010/413 |
Section 195(1), (2) and (3) (partially) | 13th December 2010 | 2010/413 |
Section 195 (for all remaining purposes) | 1st November 2011 | 2011/354 |
Section 196 | 13th December 2010 | 2010/413 |
Sections 198 and 199 | 13th December 2010 | 2010/413 |
Section 203 | 28th March 2011 | 2011/178 |
Schedule 1 (partially), paragraph 2 | 7th May 2015 | 2015/177 |
Schedule 2 (with the exception of paragraph 38) | 1st February 2011 | 2010/413 |
Schedule 2, paragraph 38 | 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 5 | 28th March 2011 | 2011/178 |
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17) | 13th December 2010 | 2010/413 |
Schedule 6, paragraphs 2, 9, 10 and 17 | 1st November 2011 | 2011/354 |
Schedule 7, paragraphs- | ||
1 to 3 | 28th March 2011 | 2011/178 |
4 and 5 | 13th December 2010 | 2010/413 |
6 | 28th March 2011 | 2011/178 |
7 | 1st November 2011 | 2011/354 |
8 | 25th June 2012 | 2012/160 |
9 and 10 | 1st November 2011 | 2011/354 |
11 and 12 | 28th March 2011 | 2011/178 |
13 | 13th December 2010 | 2010/413 |
14 and 15 | 28th March 2011 | 2011/178 |
16 | 25th June 2012 | 2012/160 |
17 to 25 | 28th March 2011 | 2011/178 |
27 to 31 | 28th March 2011 | 2011/178 |
32 | 25th June 2012 | 2012/160 |
33 | 1st August 2011 | 2011/178 |
34 to 36 | 28th March 2011 | 2011/178 |
37 to 43 | 25th June 2012 | 2012/160 |
44 and 45 | 28th March 2011 | 2011/178 |
46 | 25th June 2012 | 2012/160 |
47 | 28th March 2011 | 2011/178 |
48 | 10th January 2011 | 2010/413 |
49 | 13th December 2010 | 2010/413 |
50 | 28th March 2011 | 2011/178 |
51 | 25th June 2012 | 2012/160 |
52 to 56 | 28th March 2011 | 2011/178 |
57 and 58 | 25th June 2012 | 2012/160 |
59 to 61 | 28th March 2011 | 2011/178 |
62 | 25th June 2012 | 2012/160 |
63 to 65 | 28th March 2011 | 2011/178 |
66 | 25th June 2012 | 2012/160 |
67 to 69 | 28th March 2011 | 2011/178 |
71 | 25th June 2012 | 2012/160 |
72 | 28th March 2011 | 2011/178 |
73 | 25th June 2012 | 2012/160 |
74 | 28th March 2011 | 2011/178 |
75 and 76 | 25th June 2012 | 2012/160 |
77 to 83 | 28th March 2011 | 2011/178 |
84 and 85 | 25th June 2012 | 2012/160 |
86 | 13th December 2010 | 2010/413 |
87 | 25th June 2012 | 2012/160 |
The following provisions of the 2014 Act have been brought into force by commencement orders made before the date of this Order.
Provision | Date of Commencement | S.S.I. No. |
---|---|---|
Sections 1 to 4 | 1st April 2015 | 2015/77 |
Section 5 (partially) | 1st April 2015 | 2015/77 |
Section 5 (for all remaining purposes) | 22nd September 2015 | 2015/247 |
Sections 6 to 9 | 1st April 2015 | 2015/77 |
Section 10 (partially) | 1st April 2015 | 2015/77 |
Section 10 (for all remaining purposes) | 22nd September 2015 | 2015/247 |
Sections 11 to 15 | 1st April 2015 | 2015/77 |
Section 16(1) to (11) | 1st April 2015 | 2015/77 |
Sections 17 to 22 | 1st April 2015 | 2015/77 |
Section 23(5) | 12th March 2015 | 2015/77 |
Section 23 (for all remaining purposes) | 1st April 2015 | 2015/77 |
Sections 24 and 25 | 1st April 2015 | 2015/77 |
Sections 27 to 38 | 1st April 2015 | 2015/77 |
Section 39 (partially) | 1st April 2015 | 2015/77 |
Section 39 (for all remaining purposes) | 22nd September 2015 | 2015/247 |
Sections 40 to 43 | 1st April 2015 | 2015/77 |
Sections 44 and 45 | 22nd September 2015 | 2015/247 |
Section 46 (partially) | 1st April 2015 | 2015/77 |
Section 46 (for all remaining purposes) | 22nd September 2015 | 2015/247 |
Sections 47 and 48 (partially) | 22nd September 2015 | 2015/247 |
Sections 49 to 56 | 1st April 2015 | 2015/77 |
Section 57(1) and (2) | 22nd September 2015 | 2015/247 |
Section 57(3) to (5) | 1st April 2015 | 2015/77 |
Section 58 | 22nd September 2015 | 2015/247 |
Sections 59 to 62 | 1st April 2015 | 2015/77 |
Sections 63 to 71 | 22nd September 2015 | 2015/247 |
Section 72 (partially) | 1st April 2015 | 2015/77 |
Sections 75 and 76 | 1st April 2015 | 2015/77 |
Section 79 | 22nd September 2015 | 2015/247 |
Section 81 (partially) | 1st April 2015 | 2015/77 |
Section 86 (partially) | 1st April 2015 | 2015/77 |
Sections 87 and 88 | 1st April 2015 | 2015/77 |
Section 89 | 22nd September 2015 | 2015/247 |
Sections 90 and 91 | 1st April 2015 | 2015/77 |
Sections 92 to 94 | 22nd September 2015 | 2015/247 |
Section 98 | 1st April 2015 | 2015/77 |
Section 99 | 22nd September 2015 | 2015/247 |
Section 102 (partially) | 1st April 2015 | 2015/77 |
Sections 103 to 107 | 1st April 2015 | 2015/77 |
Section 108 | 22nd September 2015 | 2015/247 |
Section 115 | 1st April 2015 | 2015/77 |
Sections 117 and 118 | 22nd September 2015 | 2015/247 |
Section 119 (partially) | 1st April 2015 | 2015/77 |
Section 119 (for all remaining purposes) | 22nd September 2015 | 2015/247 |
Sections 120 to 122 | 22nd September 2015 | 2015/247 |
Section 123 | 1st April 2015 | 2015/77 |
Section 125 | 1st April 2015 | 2015/77 |
Section 127 | 1st April 2015 | 2015/77 |
Section 130 and paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 (partially) | 2nd February 2015 | 2015/12 |
Section 130 and schedule 4 (for all remaining purposes) | 1st April 2015 | 2015/77 |
Section 131 | 1st April 2015 | 2015/77 |
Section 132 (for the purpose of bringing into force certain provisions of schedule 5) | 1st April 2015 | 2015/77 |
Section 132 (for the purpose of bringing into force further provisions of schedule 5) | 22nd September 2015 | 2015/247 |
Section 134(2) | 1st April 2015 | 2015/77 |
Schedule 1 | 22nd September 2015 | 2015/247 |
Schedule 2 (partially) | 1st April 2015 | 2015/77 |
Schedule 2 (for all remaining purposes) | 22nd September 2015 | 2015/247 |
Paragraphs 1 to 9, 10(1) to (3), (6) and (7), 11 to 21, 23, 24 and 26 of schedule 3 | 22nd September 2015 | 2015/247 |
Schedule 4 | ||
The following provisions of schedule 5- | ||
Paragraphs 1 to 3 | 1st April 2015 | 2015/77 |
Paragraph 4(a) (partially) | 1st April 2015 | 2015/77 |
Paragraph 4(a) (for all remaining purposes) | 22nd September 2015 | 2015/247 |
Paragraphs 4(b) and (c) | 1st April 2015 | 2015/77 |
Paragraph 4(f) (partially) | 1st April 2015 | 2015/77 |
Paragraph 5 | 1st April 2015 | 2015/77 |
Paragraph 6(1) and (2) (partially) | 1st April 2015 | 2015/77 |
Paragraph 6(1) and (2) (partially) | 22nd September 2015 | 2015/247 |
Paragraph 7 | 1st April 2015 | 2015/77 |
Paragraph 8 | 22nd September 2015 | 2015/247 |
Paragraphs 9 to 11 | 1st April 2015 | 2015/77 |
Paragraph 12(1) and (4) | 1st April 2015 | 2015/77 |
Paragraph 14(1) to (3) | 22nd September 2015 | 2015/247 |
Paragraph 15 | 22nd September 2015 | 2015/247 |
Paragraph 16 | 1st April 2015 | 2015/77 |
Paragraph 18 | 1st April 2015 | 2015/77 |
Paragraph 19 | 22nd September 2015 | 2015/247 |
Paragraphs 24 and 25 | 22nd September 2015 | 2015/247 |
Paragraph 26 | 1st April 2015 | 2015/77 |
Paragraphs 28 to 31 | 1st April 2015 | 2015/77 |
Paragraph 32(1), (2) and (4) | 22nd September 2015 | 2015/247 |
Paragraph 33 | 22nd September 2015 | 2015/247 |
Paragraph 34 | 1st April 2015 | 2015/77 |
Paragraphs 36 to 38 | 1st April 2015 | 2015/77 |
Paragraphs 42 to 45 | 1st April 2015 | 2015/77 |