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The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Incidental, Supplemental and Consequential Provisions) Order 2007

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Citation and commencement

1.  This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Incidental, Supplemental and Consequential Provisions) Order 2007 and comes into force on 10th December 2007.

Interpretation

2.  In this Order “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

Breach of bail conditions

3.  In section 3(1)(b) (breach of bail conditions) of the 2007 Act (in subsection (4B) to be inserted into section 27 of the Criminal Procedure (Scotland) Act 1995(1)), after the words “subsection (1) above” there is inserted “or subsection (7) below”.

Late applications in summary cases relating to proof of uncontroversial matters

4.  In section 20 (proof of uncontroversial matters) of the 2007 Act, after subsection (2), there is added–

(3) In section 258 of that Act, after subsection (4C) there is added–

(4D) In summary proceedings, the court may allow an application under subsection (4A) above to be made late if the court is satisfied that a timeous application would not have been practicable..

Requirement to take oaths

5.  In section 67 (appointment of JPs) of the 2007 Act, after subsection (8), there is added–

(9) Where a person is, by virtue of subsection (7)(b), appointed as a JP under subsection (1), an oath previously taken by the person as required by section 6 of the Promissory Oaths Act 1868 (c. 72) (and in accordance with Promissory Oaths Act 1871 (c. 48)) in relation to the holding by the person of the office of justice of the peace under the 1975 Act also counts in relation to the person’s appointment as a JP under subsection (1)..

6.  In section 70 (reappointment of JPs) of the 2007 Act, after subsection (3), there is added–

(4) Where a person is reappointed as a JP under subsections (1)(a) and (2) (including on a second or subsequent occasion), an oath–

(a)previously taken by the person as required by section 6 of the Promissory Oaths Act 1868 (and in accordance with the Promissory Oaths Act 1871) in relation to the person’s appointment as a JP under subsection (1) of section 67, or

(b)which by virtue of subsection (9) of section 67 counts in relation to the person’s appointment as a JP under subsection (1) of that section,

also counts in relation to the person’s reappointment as a JP by virtue of subsections (1)(a) and (2)..

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

29th November 2007

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