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Explanatory Note

(This note is not part of the Order)

This Commencement Order brings into force various provisions of the Vulnerable Witnesses (Scotland) Act 2004 (“the Act”), insofar as not already in force.

Previous commencement orders (S.S.I. 2005/168, S.S.I. 2005/590, S.S.I. 2006/59, S.S.I. 2007/101 and S.S.I. 2007/329) brought into force the special measures in Part 1 of the Act in respect of child and adult vulnerable witnesses in solemn proceedings in the High Court and sheriff court and child witnesses in summary proceedings in the sheriff court. This Order now brings into force the special measures in Part 1 in respect of adult vulnerable witnesses in summary proceedings in the sheriff court.

With the commencement of the provisions specified in article 2 of this Order, Part 1 of the Act (with the exception of section 2(2) and (3) and section 10) is fully in force. Section 2(2) and (3) has been superseded by section 1 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).