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Act of Adjournal (Criminal Procedure Rules Amendment No.5) (Miscellaneous) 2011

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Scottish Statutory Instruments

2011 No. 290      

High Court Of Justiciary

Sheriff Court

Justice Of The Peace Court

Act of Adjournal (Criminal Procedure Rules Amendment No.5) (Miscellaneous) 2011

Made

28th June 2011

Laid before the Scottish Parliament

29th June 2011

Coming into force

12th July 2011

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1) and of all other powers enabling them in that behalf do hereby enact and declare:

Citation, commencement etc.

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No.5) (Miscellaneous) 2011.

(2) It comes into force on 12th July 2011.

(3) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.

(4) The Criminal Procedure Rules 1996(2) are amended in accordance with the following paragraphs.

Disclosure

2.—(1) In Chapter 7A (disclosure)(3)—

(a)in rule 7A.6(2), after “section 142(2)(b)” insert “or section 142(3)”;

(b)in rule 7A.7(3), after “section 147(2)(b)” insert “or section 147(3)”.

(2) In the appendix, for Forms 7A.6-A, 7A.6-B, 7A.7-B, 7A.7-C and 7A.10 substitute respectively Forms 7A.6-A, 7A.6-B, 7A.7-B, 7A.7-C and 7A.10 set out in Part 1 of the Schedule to this Act of Adjournal.

Form of non-harassment order

3.  In the appendix, for Form 20.10A(4) substitute Form 20.10A set out in Part 2 of the Schedule to this Act of Adjournal.

A.C. HAMILTON

Lord Justice General

I.P.D.

Edinburgh

28th June 2011

SCHEDULE

Paragraph 2(2)

PART 1

Paragraph 3

PART 2

EXPLANATORY NOTE

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph 2 amends Chapter 7A (disclosure) and related forms as they contained a number of errors.

Paragraph 3 amends Form 20.10A (form of non-harassment order) in consequence of the commencement of section 15 of the Criminal Justice and Licensing (Scotland) Act 2010, which amended section 234A of the Criminal Procedure (Scotland) Act 1995.

(2)

The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2011/242.)

(3)

Chapter 7A was inserted by S.S.I. 2011/242.

(4)

Form 20.10A was inserted by S.S.I. 1997/1526.

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