Citation and interpretation

1. This Order may be cited as the Criminal Justice (Scotland) Act 1995 (Commencement No.2, Transitional Provisions and Savings) Order 1996.

2.-(1) In this Order-

"the Act" means the Criminal Justice (Scotland) Act 1995,

and, unless the context otherwise requires, any reference in this Order to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Act and, in article 5 of, and Schedule 2 to, this Order, includes a reference to any related repeal in Schedule 7 to the Act.

(2) For the purposes of this Order, criminal proceedings are commenced-

(a)in summary proceedings, on the date of the first calling of the case; and

(b)in solemn proceedings, 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;

(iii)the service of an indictment.

Commencement of provisions

3.-(1) The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall come into force on 5th March 1996 but only for the purpose of enabling subordinate legislation to be made under the provisions specified in column 2 of that Schedule so as to come into force on or after 31st March 1996.

(2) Subject to the provisions of articles 4 to 6 of, and Schedule 2 to, this Order, all the provisions of the Act, except section 66, shall come into force on 31st March 1996 insofar as they are not then in force.

Transitional provisions and savings

4. The provisions of the Act specified in column 1 of Schedule 2 shall apply only in the cases, and in relation to the persons or matters, specified in column 2 of that Schedule.

5. Nothing in section 40, 54 or 113(3), Schedule 5 or paragraph 10 of Schedule 6 shall affect the powers of a court in relation to an offence committed before 31st March 1996.

6. Section 68 shall not apply in respect of the discharge of a debtor under section 54 of the Bankruptcy (Scotland) Act 1985(2) before 31st March 1996.

Article 3(1)

SCHEDULE 1

Article 4

SCHEDULE 2

Explanatory Note

(This note is not part of the Order)

This Order brings into force-

(a)certain provisions of the Criminal Justice (Scotland) Act 1995 ("the Act") which are specified in the Schedule 1 to the Order on 5 March 1996 but only for the purpose of enabling subordinate legislation to be made under the provisions specified in that Schedule so as to come into force on or after 31st March 1996 (article 3(1)), and

(b)all the provisions of the Act, except section 66, on 31st March 1996, insofar as they are not then in force (article 3(2)).

Section 66 is the only provision of the Act which is not commenced on 31st March 1996. That section amends section 27(1) of the Social Work (Scotland) Act 1968 to make provision for the supervision and care of persons diverted from prosecution or subject to supervision requirement.

Articles 4 to 6 and Schedule 2 make transitional and savings provisions.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Criminal Justice (Scotland) Act 1995 have been brought into force by commencement order made before the date of this Order:-