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The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 9) Order 2011

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Scottish Statutory Instruments

2011 No. 188 (C. 19)

Criminal Law

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 9) Order 2011

Made

10th March 2011

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) and all other powers enabling them to do so.

Citation and interpretation

1.—(1) This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 9) Order 2011.

(2) In this Order “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

Commencement of section 51 and schedule, paragraph 3(a) and (c)

2.—(1) Subject to the condition in paragraph (2), section 51 (work orders) of, and paragraph 3(a) and (c) (modification of the Social Work (Scotland) Act 1968(2)) of the schedule to, the 2007 Act, in so far as not already commenced, come into force on 1st April 2011.

(2) The condition is that those provisions are only in force for the purposes of making a work order where one or more of the alleged offences in relation to which the work order is to be made was committed in a local authority area where arrangements have been made by that local authority for the supervision of any such work order.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

10th March 2011

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.

Section 51 of, and paragraph 3(a) and (c) of the Schedule to, the 2007 Act were commenced by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 4) Order 2008 on 2nd June 2008 to a limited extent, namely within the local authority areas of Highland, South Lanarkshire, West Dunbartonshire and West Lothian. Section 51 of the 2007 Act was commenced to the extent that any work order made under that section would fall to be supervised under arrangements made within those areas.

Paragraph 3(a) and (c) of the Schedule to the 2007 Act are consequential modifications to the Social Work (Scotland) Act 1968 which stem from the section 51 provisions. The effect of these modifications is to place a duty on a local authority to provide a service for the purpose of supervising and providing advice guidance and assistance to persons in their area who are subject to work orders.

Article 2 of this Order brings section 51 of, and paragraph 3(a) and (c) of the Schedule to, the 2007 Act into force on 1st April 2011 for those local authority areas in respect of which they have not previously been commenced. Article 2(2) of this Order provides that those provisions of the 2007 Act come into force only where one or more of the alleged offences in relation to which the work order is to be made was committed in a local authority area and in respect of which arrangements have been made by a local authority for the supervision of any such work order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the 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 Criminal Procedure (Scotland) Act 1995(3) (“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, 47 and 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; Glasgow and Strathkelvin and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Section 59(6), (8) and (9) in so far as not already commenced10th March 20082008/42
Section 59(1), (3), (4), (5) and (7), in so far as not already commenced, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Section 59, in so far as not already commenced22nd February 20102009/432
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; Grampian, Highland and Islands; and Tayside, Central and Fife10th March 2008; 2nd June 2008; and 23rd February 20092008/42; 2008/192; and 2008/362
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 62, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Section 62, in so far as not already commenced22nd February 20102009/432
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Section 68(4) and (5), but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Section 68, in so far as not already commenced22nd February 20102009/432
Section 6923rd April 20072007/250
Sections 70 to 7310th December 20072007/479 (as amended by 2007/527)
Sections 74 and 75, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Section 74, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Section 74, in so far as not already commenced22nd February 20102009/432
Section 75, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Section 75, in so far as not already commenced22nd February 20102009/432
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Section 77(2), (3) and (5) but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Section 77, in so far as not already commenced22nd February 20102009/432
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; 8th December 2008; and 23rd February 20092007/250; 2007/479 (as amended by 2007/527); 2008/42; 2008/192; 2008/329; and 2008/362
Section 80, in so far as not already commencedTo bring into force certain paragraphs of the schedule to the 2007 Act14th December 2009; 22nd February 20102009/432
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 4, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 4, in so far as not already commenced22nd February 20102009/432
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 7, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 7, in so far as not already commenced22nd February 20102009/432
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 9(1) to (6), but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 9(1) to (6), in so far as not already commenced22nd February 20102009/432
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; Lothian and Borders; and Tayside, Central and Fife8th December 2008 and 23rd February 20092008/329 and 2008/362
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 North Strathclyde14th December 20092009/432
Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates22nd February 20102009/432
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) and 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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 20(3)(b), but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 20(3)(b), in so far as not already commenced22nd February 20102009/432
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 22, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 22, in so far as not already commenced22nd February 20102009/432
Schedule, paragraphs 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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 25, in so far as not already commenced22nd February 20102009/432
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, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 26, in so far as not already commenced22nd February 20102009/432
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 26, in so far as not already commenced, but only for the Sheriffdom of Tayside, Central and Fife23rd February 20092008/362
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 27, in so far as not already commenced22nd February 20102009/432
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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 30(a), but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 30(a), in so far as not already commenced22nd February 20102009/432
Schedule, paragraphs 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; Glasgow and Strathkelvin; and Tayside, Central and Fife10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of North Strathclyde14th December 20092009/432
Schedule, paragraph 32, in so far as not already commenced22nd February 20102009/432
Schedule, paragraph 33(1) and (2), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife and except for the purposes of any statutory instrument made under the 2007 Act10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 20092008/42; 2008/192; 2008/329; and 2008/362
Schedule, paragraph 33(1) and (2), but only for the Sheriffdom of North Strathclyde and except for the purposes of any statutory instrument made under the 2007 Act14th December 20092009/432
Schedule, paragraph 33(1) and (2), in so far as not already commenced, except for the purposes of any statutory instrument made under the 2007 Act22nd February 20102009/432
Schedule, paragraph 33(3) and (4)10th December 20072007/479 (as amended by 2007/527)

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