The Serious Crime Act 2015 (Commencement No. 1 and Saving Provision) (Scotland) Regulations 2016

Citation and commencement

1.  These Regulations may be cited as the Serious Crime Act 2015 (Commencement No. 1 and Saving Provision) (Scotland) Regulations 2016 and come into force on 1st March 2016.

Appointed day

2.  1st March 2016 is the day appointed for the coming into force of the following provisions of the Serious Crime Act 2015 (“the Act”)—

(a) section 16 (orders for securing compliance with confiscation order);

(b) section 17 (compliance orders: appeals by prosecutor);

(c) section 18 (accused persons unlawfully at large);

(d) section 19 (enforcement of confiscation orders);

(e) section 20 (conditions for exercise of restraint order powers);

(f) section 21 (continuation of restraint order after conviction quashed or verdict set aside);

(g) section 22 (conditions for exercise of search and seizure powers);

(h) section 38(3) (confiscation investigations);

(i) section 85(1) (minor and consequential amendments), so far as it relates to the provisions mentioned in paragraph (j) of this regulation; and

(j) paragraphs 16, 35, 42, 43 and 45 of Schedule 4 (minor and consequential amendments).

Saving provision

3.—(1) Despite regulation 2(d), (i) and (j), the amendments mentioned in paragraph (2) have no effect in relation to a default of payment of a sum payable under a relevant confiscation order.

(2) The amendments are those made by the following provisions of the Act—

(a) section 19; and

(b) paragraphs 42 and 45 of Schedule 4.

(3) For the purpose of this regulation—

(a) a “relevant confiscation order” is an order made under section 92 of the Proceeds of Crime Act 2002(1) where the offence, or any one of the offences, mentioned in subsection (2) of that section was committed before 1st March 2016; and

(b) where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it is committed on the earliest of those days.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

12th January 2016