Citation and interpretation
1.—(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 5) Order 2010.
(2) In this Order—
“the Commission” means the Scottish Criminal Cases Review Commission; and
“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010.
Commencement of section 83
2. Section 83 of the 2010 Act comes into force on the day after the day on which this Order is made.
Transitional provision
3.—(1) Paragraph (2) applies in relation to any proceedings, arising from a reference made by the Commission to the High Court by virtue of section 194B of the Criminal Procedure (Scotland) Act 1995(1), which are not concluded as at the date of commencement of section 83 of the 2010 Act.
(2) Where an appellant seeks to found an appeal on grounds additional to those as set out in the Commission’s statement of reasons then the period of 21 days specified in subsections (4C) and (4D) of section 194D of the Criminal Procedure (Scotland) Act 1995(2) shall be construed as 21 days after the date of commencement of section 83 of the 2010 Act.
Savings provision
4. Notwithstanding the commencement of section 83 of the 2010 Act, where an appellant has, prior to the date of commencement of that section, a ground or grounds of appeal unrelated to the Commission’s statement of reasons the appeal may proceed as if that section had not been commenced.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
4th November 2010