Draft Regulations laid before the Scottish Parliament under section 54(3) of the Coronavirus (Recovery and Reform) (Scotland) Act 2022, for approval by resolution of the Scottish Parliament.
2023 No.
The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023
Made
Coming into force in accordance with regulation 1(2) and (3)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 52(3), 53 and 58(1) of the Coronavirus (Recovery and Reform) (Scotland) Act 20221 and all other powers enabling them to do so.
In accordance with section 52(4) and (6) of that Act, the Scottish Ministers have carried out a review of the operation of the provisions in its schedule and in doing so, have consulted such persons as they consider appropriate.
In accordance with section 52(7) of that Act, the Scottish Ministers have laid before the Scottish Parliament a statement of reasons as to why this instrument should be made, the findings of the review carried out under section 52(4) of that Act and what consultation was undertaken in carrying out that review.
In accordance with section 54(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament2.
Citation, commencement and interpretation 1
1
These Regulations may be cited as the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023.
2
Subject to paragraph (3), these Regulations come into force on 29 November 2023.
3
Regulation 3 comes into force on 30 November 2023.
4
In these Regulations, “the 2022 Act” means the Coronavirus (Recovery and Reform) (Scotland) Act 2022.
Expiry of temporary justice measures 2
Subject to regulation 4, 29 November 2023 is specified as the date at the end of which the following provisions of the schedule of the 2022 Act expire—
a
paragraph 15 (failure to appear before court following police liberation),
b
paragraph 22(3) and (4) (pre-trial and pre-sentence remand period),
c
paragraph 23 (power of court to adjourn cases).
Modification of the 2022 Act 3
1
The 2022 Act is modified in accordance with paragraph (2).
2
In section 52(1) (expiry) for “30 November 2023” substitute “30 November 2024”
.
Saving provision 4
Notwithstanding regulation 2(b), the modification contained in paragraph 22(3) of the schedule of the 2022 Act continues to have effect in relation to complaints brought in court prior to 30 November 2023.
(This note is not part of the Regulations)