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The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2010

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SCHEDULE

Column 1 (provisions of the Act)

Column 2 (subject matter)

Column 3 (date of commencement)

Column 4 (purpose)

Section 14(1) (in part) and (2)Community payback orders1st February 2011

For all purposes apart from inserting section 227ZM into the 1995 Act

Section 14(1) (in part)Community payback orders – annual reports on community payback orders1st April 2011

For the purpose of inserting section 227ZM into the 1995 Act

Section 16Short periods of detention13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 17Presumption against short periods of detention1st February 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 20

Reports about supervised persons

1st February 2011
Section 21Detention of children convicted on indictment1st February 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 23Extended sentences for certain sexual offences13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 25Offences aggravated by racial or religious prejudice13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 26Voluntary intoxication by alcohol: effect in sentencing13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 28

Involvement in serious organised crime

13th December 2010
Section 29Offences aggravated by connection with serious organised crime13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 30

Directing serious organised crime

13th December 2010
Section 31

Failure to report serious organised crime

13th December 2010
Section 34

Articles banned in prison

13th December 2010
Section 37Offensive weapons etc13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 39Offence of stalking

13th December 2010

Section 40

Certain sexual offences by non-natural persons

13th December 2010
Section 41

Indecent images of children

13th December 2010
Section 45Penalties for offences of brothel-keeping and living on the earnings of prostitution13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 56

Grant of warrants for execution by constables and police members of SCDEA

13th December 2010
Section 59

Bail conditions: remote monitoring requirements

13th December 2010
Section 60

Prosecution on indictment: Scottish Law Officers

13th December 2010
Section 64

Remand and committal of children and young persons

13th December 2010
Section 71

Convictions by courts in other EU Member States

13th December 2010
Section 80Retention of samples etc. from children referred to children’s hearings13th December 2010

Section 80 is commenced for the purpose of inserting the following provisions into the 1995 Act:—

(a)

section 18E(6)

(b)

section 18E(7)

(c)

section 18E(10)

Section 93Lists of jurors

13th December 2010

Section 94

Upper age limit for jurors

10th January 2011
Section 95

Excusal from jury service

10th January 2011
Section 96

Persons excusable from jury service

10th January 2011
Section 99

Closure of premises associated with human exploitation etc.

13th December 2010
Section 101Foreign travel orders

13th December 2010

Section 104

Risk of sexual harm orders: spent convictions

13th December 2010
Section 105

Obtaining information from outwith United Kingdom

13th December 2010
Section 111

Assistance for victim support

13th December 2010
Section 112

Public defence solicitors

13th December 2010
Section 113

Compensation for miscarriages of justice

13th December 2010
Section 114

Financial reporting orders

13th December 2010
Section 173

Licensing: powers of entry and inspection for civilian employees

13th December 2010
Section 178Applications for licenses28th February 2011

In so far as not already in force, for all purposes in respect of applications for the grant or renewal of licences under paragraph 1 of Schedule 1, or paragraph 6 of Schedule 2 to the Civic Government (Scotland) Act 1982 made on or after the date specified in column 3

Section 180Premises licence applications: notification requirements13th December 2010

For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3

Section 181Premises licence applications : modification of layout plans13th December 2010

For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3

Section 182Reviews of premises licences: notification of determinations28th February 2011

For all purposes in respect of premises licence review proposals made by a Licensing Board under section 37(1) of the 2005 Act and all premises licence applications made to a Licensing Board on or after the date specified in column 3

Section 183Premises licence applications: antisocial behaviour reports13th December 2010

For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3

Section 184(1) and (2)Premises licences: connected persons and13th December 2010Section 184(2) is commenced for the
interested partiespurposes of inserting
the following
provisions into
the 2005 Act:—
(a) section 40A(1), but not sub-paragraph (b)
(b) section 40A(2), but not the words “or an interested party”
(c) section 40A(3) to (5)

Section 184(3)(a)(i)

Section 184(3)(a)(ii)

Section 184(3)(b)

Section 184(3)(a)(ii) is commenced for the purpose of inserting into the 2005 Act section 48(1)(c)(i) only

Section 185

Provisional premises licences: duration

13th December 2010
Section 187Provision of copies of licences to chief constable13th December 2010

For all purposes in respect of premises licence applications or an application under section 47(2) of the 2005 Act made to a Licensing Board on or after the date specified in column 3

Section 188(1) and (3)Sale of alcohol to trade13th December 2010

Section 188(3) is commenced for all purposes in respect of offences committed on or after the date specified in column 3

Section 192Personal licences13th December 2010Sections 192(1) and (2) are commenced for all purposes in respect of applications for a personal licence under section 72(1) of the 2005 Act made to a Licensing Board on or after the date specified in column 3
Section 192(3) is commenced for all purposes in respect of all personal licences granted following an application that was made to a Licensing Board on or after the date specified in column 3

Section 192(4) is commenced for all purposes in respect of applications for a replacement personal licence received by a Licensing Board on or after the date specified in column 3

Section 193

Emergency closure orders

13th December 2010
Section 194Appeals13th December 2010

For all purposes in respect of decisions that may be appealed under section 131(1) of, and Schedule 5 to, the 2005 Act made by a Licensing Board on or after the date specified in column 3

Section 195Liability for offences13th December 2010Section 195(2) is commenced for all purposes in respect of offences committed on or after the date specified in column 3

Section 195(3) is commenced for the purposes of inserting the following provisions into the 2005 Act in respect of offences committed on or after the date specified in column 3:—

(a)

section 141A

(b)

section 141B(1)(a)

(c)

section 141B(2) except the words “or, as the case may be, the interested party”

(d)

section 141B(3) except the words “or an interested party” and “as the case may be, the interested party”

(e)

section 141B(4) except the words “or the interested party”

(f)

section 141B(5)

Section 196False statements in applications: offence13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3

Section 198

Further modifications of the 2005 Act

13th December 2010
Section 199

Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

13th December 2010
Schedule 2Community payback orders: consequential modifications1st February 2011

For all purposes apart from bringing into force paragraph 38

Schedule 2Community payback orders – amendment to the Jobseekers Act 1995

The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force

For the purpose of bringing into force paragraph 38
Schedule 4Convictions by courts in other EU Member States: modifications of enactments13th December 2010

For all purposes in respect of offences committed on or after the date specified in column 3, apart from bringing into force paragraph 12

The following paragraphs of schedule 6:—Further modifications of the 2005 Act13th December 2010
1
3 to 6Paragraphs 5 and 6(3) are commenced for all purposes in respect of
applications for a
premises licence under
section 20 of the 2005 Act made to a Licensing Board on or after the date specified in column 3.
7Paragraph 7 (is
commenced for all
purposes in respect of
applications for the transfer of a premises licence made to a Licensing Board on or after the date specified in column 3
8Paragraph 8 is commenced for all purposes in respect of any notice of conviction given by a Licensing Board to the appropriate chief constable under section 44(2) of the 2005 Act on or after the date specified in column 3
11 to 16Paragraph 11 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 69(1) of the 2005 Act on or after the date specified in column 3
Paragraph 12 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 73(1) of the 2005 Act in respect of an application for a personal licence made on or after the date specified in column 3
Paragraphs 13 to 15 are commenced for all purposes in respect of applications for a personal licence under section 72 of the 2005 Act made on or after the date specified in column 3
18

Paragraph 18 is commenced for all purposes in respect of applications for occasional licences made to a Licensing Board on or after the date specified in column 3

The following paragraphs of schedule 7:—Modifications of enactments
413th December 2010
513th December 2010
1313th December 2010
4810th January 2011
4913th December 2010
8613th December 2010

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