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The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 6) Order 2008

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Scottish Statutory Instruments

2008 No. 362 (C. 30)

CRIMINAL LAW

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 6) Order 2008

Made

6th November 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 84(1) and (2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007(1).

Citation

1.  This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 6) Order 2008.

Interpretation

2.  In this Order–

“the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(2).

Commencement

3.—(1) The provisions of the 2007 Act specified in column 1 of the Schedule, the subject matter being specified in column 2, come into force on 23rd February 2009.

(2) The coming into force of the provisions listed in the Schedule are subject to any exceptions or limitations on extent specified in that Schedule.

(3) Where a particular purpose or area is specified in relation to any provision in column 1 of the Schedule, that provision comes into force on 23rd February 2009 for that purpose or in that area only.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th November 2008

Article 3

SCHEDULEPROVISIONS COMING INTO FORCE ON 23rd FEBRUARY 2009

Column 1Column 2
(provisions of the 2007 Act)(subject matter)
Section 59(1), (3), (4), (5) and (7), in so far as not already commenced, but only for the Sheriffdom of Tayside, Central and FifeEstablishing JP courts
Section 62, in so far as not already commenced, but only for the Sheriffdom of Tayside, Central and FifeArea and territorial jurisdiction of JP courts
Section 68(4) and (5), but only for the Sheriffdom of Tayside, Central and FifeConditions of Office
Section 74, but only for the Sheriffdom of Tayside, Central and FifeAppointment of stipendiary magistrates
Section 75, but only for the Sheriffdom of Tayside, Central and FifeStipendiary magistrates: further provision
Section 77(2), (3) and (5) but only for the Sheriffdom of Tayside, Central and FifeRecords and validity of appointment etc.
Section 80, in so far as not already commenced, for the purpose of bringing into force the following paragraphs of the scheduleModification of enactments
Schedule, paragraph 4, but only for the Sheriffdom of Tayside, Central and FifeModification of the Education (Scotland) Act 1980(3)
Schedule, paragraph 7, but only for the Sheriffdom of Tayside, Central and FifeModification of the Road Traffic Offenders Act 1988(4)
Schedule, paragraph 9(1) to (6), but only for the Sheriffdom of Tayside, Central and FifeModification of the 1995 Act
Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdom of Tayside, Central and FifeModification of the 1995 Act
Schedule, paragraph 20(3)(b), but only for the Sheriffdom of Tayside, Central and FifeModification of the 1995 Act
Schedule, paragraph 22, but only for the Sheriffdom of Tayside, Central and FifeModification of the 1995 Act
Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of Tayside, Central and FifeModification of the 1995 Act
Schedule, paragraph 26, in so far as not already commenced, but only for the Sheriffdom of Tayside, Central and FifeModification of the 1995 Act
Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of Tayside, Central and FifeModification of the Bail, Judicial Appointments etc. (Scotland) Act 2000(5)
Schedule, paragraph 30(a), but only for the Sheriffdom of Tayside, Central and FifeModification of the Criminal Justice (Scotland) Act 2003(6)
Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of Tayside, Central and FifeModification of the Antisocial Behaviour etc. (Scotland) Act 2004(7)
Schedule, paragraph 33(1) and (2), but only for the Sheriffdom of Tayside, Central and Fife and except for the purposes of any statutory instrument made under the 2007 ActEnactments generally: references to district court and justices of the peace

Explanatory Note

(This note is not part of the Order)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (“the 2007 Act”) received Royal Assent on 22nd February 2007.

Article 3 of and the Schedule to this Order bring into force various provisions of the 2007 Act, which will apply to the Sheriffdom of Tayside, Central and Fife from 23rd February 2009. The provisions coming into force on that date together with the relevant subject matter are listed in the Schedule to the Order.

The provisions commenced by this Order go hand-in-hand with the establishment of justice of the peace courts (“JP courts”) (and the associated disestablishment of district courts) in the Sheriffdom of Tayside, Central and Fife. The Justice of the Peace Courts (Sheriffdom of Tayside, Central and Fife) Order 2008 makes provision as to the establishment and disestablishment of those courts. The Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc. Order 2008 (S.S.I. 2008/31) made provision in relation to the establishment of JP courts in the Sheriffdom of Lothian and Borders on 10th March 2008. The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008 (S.S.I. 2008/93) (as amended by the Justice of the Peace Courts (Sheriffdom of Grampian, Highlands and Islands) Amendment Order 2008 (S.S.I. 2008/179)) made provision in relation to the establishment of JP courts in the Sheriffdom of Grampian, Highland and Islands on 2nd June 2008. The Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Order (S.S.I. 2008/328) made provision in relation to the establishment of a JP court in the Sheriffdom of Glasgow and Strathkelvin. Further such Orders will be made in relation to the remaining two sheriffdoms to roll out the establishment of JP courts across the country.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the 2007 Act have been or will be brought into force by commencement orders made before the date of this Order.

ProvisionPurposeDate of CommencementS.S.I. No.
Sections 1 to 6 and 7(2)(c)10th December 20072007/479 (as amended by 2007/527)
Section 7, in so far as not already commenced, except for section 7(2)(g)10th March 20082008/42
Sections 8 to 1010th December 20072007/479 (as amended by 2007/527)
Section 1110th March 20082008/42
Section 12(1)10th December 20072007/479 (as amended by 2007/527)
Section 12(2) (partially)To bring section 166B of the 1995 Act into force10th December 20072007/479 (as amended by 2007/527)
Section 12, in so far as not already commenced10th March 20082008/42
Sections 13 to 1510th December 20072007/479 (as amended by 2007/527)
Sections 16 and 1710th March 20082008/42
Sections 18 to 2110th December 20072007/479 (as amended by 2007/527)
Sections 22 and 2310th March 20082008/42
Sections 24 to 2710th December 20072007/479 (as amended by 2007/527)
Section 2810th March 20082008/42
Section 3010th December 20072007/479 (as amended by 2007/527)
Section 3110th March 20082008/42
Sections 32 to 3410th December 20072007/479 (as amended by 2007/527)
Sections 35 and 3623rd April 20072007/250
Sections 37 to 4010th December 20072007/479 (as amended by 2007/527)
Section 41(1) (partially)To bring section 303B(6) of the 1995 Act into force10th December 20072007/479 (as amended by 2007/527)
Section 41(2) (partially)To bring sections 308A(2) to (4) of the 1995 Act into force10th December 20072007/479 (as amended by 2007/527)
Section 4310th December 20072007/479 (as amended by 2007/527)
Section 44(2)23rd April 20072007/250
Sections 44, in so far as not already commenced, 45 and 47 to 4810th December 20072007/479 (as amended by 2007/527)
Sections 49 and 5010th March 20082008/42
Section 51To make work orders where one or more of the alleged offences in relation to which the work order is to be made was committed in the local authority areas of Highland, South Lanarkshire, West Dunbartonshire or West Lothian and in respect of which arrangements have been made by a local authority within those areas for the supervision of any such work order2nd June 20082008/192
Sections 52 to 5410th March 20082008/42
Section 55, except for the purpose of any relevant penalty which requires to be paid in any district court10th March 20082008/42
Section 5623rd April 20072007/250
Sections 57 and 5810th December 20072007/479 (as amended by 2007/527)
Section 59 (partially)To enable orders to be made under section 59(2) of the 2007 Act10th December 20072007/479 (as amended by 2007/527)
Section 59(1), (3), (4), (5), (7), in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Section 59(6), (8) and (9) in so far as not already commenced10th March 20082008/42
Section 6010th December 20072007/479 (as amended by 2007/527)
Section 6110th March 20082008/42
Section 62(4) to (7) (except as they apply to stipendiary magistrates)10th December 20072007/479 (as amended by 2007/527)
Section 62, in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders and Grampian, Highland and Islands10th March 2008 and 2nd June 20082008/42 and 2008/192
Section 62(1) to (3) and (8), but only for the Sheriffdom of Glasgow and Strathkelvin8th December 20082008/329
Section 62(4) to (7) in so far as not already commenced8th December 20082008/329
Section 63 except section 63(2)10th March 20082008/42
Sections 64 to 6610th December 20072007/479 (as amended by 2007/527)
Sections 67(5) and (6)23rd April 20072007/250
Sections 67, in so far as not already commenced, and 68 (except subsections (4) and (5))10th December 20072007/479 (as amended by 2007/527)
Section 68(4) and (5), but only for the Sheriffdoms of Lothian and Borders; Grampian Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Section 6923rd April 20072007/250
Sections 70 to 7310th December 20072007/479 (as amended by 2007/527)
Section 74 and 75, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Sections 76, 77(1) and (4)10th December 20072007/479 (as amended by 2007/527)
Section 77(2), (3) and (5), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Sections 78 and 7923rd April 20072007/250
Section 80 (partially)To bring into force certain paragraphs of the schedule to the 2007 Act23rd April 2007; 10th December 2007; 10th March 2008; 2nd June 2008 and 8th December 20082007/250; 2007/479 (as amended by 2007/527); 2008/42; 2008/192 and 2008/329
Sections 81 to 8422nd February 2007On Royal Assent
Schedule, paragraph 110th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 210th March 20082008/42
Schedule, paragraph 3(a) and (c), but only in the local authority areas of Highland, South Lanarkshire, West Dunbartonshire and West Lothian2nd June 20082008/192
Schedule, paragraph 4, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 510th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 623rd April 20072007/250
Schedule, paragraph 7, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 810th March 20082008/42
Schedule, paragraph 9(1) to (6), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 9(7), but only in so far as it applies to justices of the peace10th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdoms of Glasgow and Strathkelvin; Grampian, Highland and Islands and Lothian and Borders8th December 20082008/329
Schedule, paragraphs 10 and 1110th March 20082008/42
Schedule, paragraphs 12 to 1510th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 16(1)23rd April 20072007/250
Schedule, paragraph 16(2) to 16(6)10th December 20072007/479 (as amended by 2007/527)
Schedule, paragraphs 17, 18(1) and (4)10th December 20072007/479 (as amended by 2007/527)
Schedule, paragraphs 18(2) and (3), 1923rd April 20072007/250
Schedule, paragraph 20, except for paragraph 20(1)(b)(ii) and 20(3)(b)10th March 20082008/42
Schedule, paragraph 20(1)(b)(ii), except for the purposes of any fines or expenses which require to be paid to the clerk of any district court10th March 20082008/42
Schedule, paragraph 20(3)(b), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 2110th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 22, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 23 and 2410th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 25(a) and (d), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 208/329
Schedule, paragraph 25(b)10th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 25(c)10th March 20082008/42
Schedule, paragraph 26, but only for the Sheriffdoms of Lothian and Borders and Grampian, Highland and Islands10th March 2008 and 2nd June 20082008/42 and 2008/192
Schedule, paragraph 26(a) to (s) and (u) to (v), but only for the Sheriffdom of Glasgow and Strathkelvin8th December 20082008/329
Schedule, paragraph 26(t), in so far as not already commenced8th December 20082008/329
Schedule, paragraph 27(a)10th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 27(c) (partially)To repeal paragraph 2 of the schedule to the Bail, Judicial, Appointments etc. (Scotland) Act 200010th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraphs 28 and 2910th December 20072007/479 (as amended by 2007/527)
Schedule, paragraph 30(a), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 31 and 32(a)10th March 20082008/42
Schedule, paragraph 32(b) and (c), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 33(1) and (2), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands and Glasgow and Strathkelvin and except for the purposes of any statutory instrument made under the 2007 Act10th March 2008; 2nd June 2008 and 8th December 20082008/42; 2008/192 and 2008/329
Schedule, paragraph 33(3) and (4)10th December 20072007/479 (as amended by 2007/527)
(4)

1988 c. 53. Paragraph 7(a) and (d) of the Schedule to the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007 (S.I. 2007/3480) to take account of amendments made to the Road Traffic Offenders Act 1988 by that Order.

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