Search Legislation

Act of Adjournal (Criminal Procedure Rules Amendment) (Regulatory Reform (Scotland) Act 2014) 2014

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2014 No. 162

High Court Of Justiciary

Sheriff Court

Act of Adjournal (Criminal Procedure Rules Amendment) (Regulatory Reform (Scotland) Act 2014) 2014

Made

5th June 2014

Laid before the Scottish Parliament

6th June 2014

Coming into force

30th June 2014

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 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) (Regulatory Reform (Scotland) Act 2014) 2014.

(2) It comes into force on 30th June 2014.

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

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

2.—(1) The Criminal Procedure Rules 1996(2) are amended in accordance with the following subparagraphs.

(2) After Chapter 59 (Double Jeopardy (Scotland) Act 2011)(3) insert:—

CHAPTER 60REGULATORY REFORM (SCOTLAND) ACT 2014

Interpretation

60.1.  In this Chapter—

“the Act of 2014” means the Regulatory Reform (Scotland) Act 2014(4).

“publicity order” means an order made under section 36(2) of the Act of 2014.

“remediation order” means an order made under section 41(2) of the Act of 2014.

SEPA” means the Scottish Environment Protection Agency.

Publicity orders

60.2.  A publicity order shall be in Form 60.2.

Remediation orders

60.3.  A remediation order shall be in Form 60.3.

Variation of remediation order

60.4.(1) An application under section 41(5) of the Act of 2014 for the variation of a remediation order shall be made by petition in Form 60.4.

(2) On a petition referred to in paragraph (1) being lodged, the court shall—

(a)order intimation of the application to be made to the prosecutor and SEPA;

(b)appoint a hearing on the application; and

(c)order intimation of the hearing to the persons referred to in subparagraph (a), the petitioner or the petitioner’s agent, and to the governor of any institution in which the petitioner is detained..

(3) In the appendix, at the end insert the Forms set out in the Schedule to this Act of Adjournal.

BRIAN GILL

Lord Justice General

I.P.D.

Edinburgh

5th June 2014

Paragraph 2(3)

SCHEDULE

EXPLANATORY NOTE

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

This Act of Adjournal amends the Criminal Procedure Rules 1996 by providing a form for publicity orders made under section 36 of the Regulatory Reform (Scotland) Act 2014.

The Act of Adjournal also provides a form for remediation orders made under section 41 of that Act, and a procedure for applications for variation of those orders.

(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. 2013/198).

(3)

Chapter 59 was inserted by S.S.I. 2011/387.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources