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The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Savings) Order 2008

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Citation

1.  This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Savings) 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(1).

Commencement

3.—(1) The provisions of the 2007 Act specified in column 1 of the Schedule to this Order, the subject matter being specified in column 2, come into force on 10th March 2008.

(2) The coming into force of the provisions listed in the Schedule to this Order are subject to–

(a)the savings in articles 4 to 6; and

(b)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 to this Order, that provision shall come into force on 10th March 2008 for that purpose or in that area only.

Savings relating to liberation on undertaking

4.—(1) The provisions of section 7 of the 2007 Act which are commenced by this Order(2) shall not apply for the purposes of any undertaking entered into under sections 21 or 22 of the 1995 Act before 10th March 2008.

(2) Without prejudice to the generality of paragraph (1), “purposes” shall include any proceedings relating to any such undertaking.

Savings relating to disclosure of convictions

5.  The provisions of section 12 of the 2007 Act which are commenced by this Order (being the provisions which insert section 166A into the 1995 Act)(3) shall only apply where the offence which the court is deciding the disposal of was committed on or after 10th March 2008.

Savings relating to fixed penalty offers

6.  Sections 50(1), 52, 53 and 54 of the 2007 Act shall not apply to any conditional offer (under section 302 of the 1995 Act) made before 10th March 2008.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

19th February 2008

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