Criminal Procedure (Scotland) Act 1975

289D Power to alter sums specified in certain provisions. S

[F1 (1) If it appears to the Secretary of State that there has been a change in the value of money since the relevant date, he may by order substitute for the sum or sums for the time being specified in the provisions mentioned in subsection (1A) below such other sum or sums as appear to him justified by the change.

(1A) The provisions referred to in subsection (1) above are—

(a) section 289B(6) of this Act;

(b) section 289G(2) of this Act;

(c) section 407(1A) of this Act;

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (ee) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.]

(f)(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(1B) In subsection (1) above “the relevant date” means—

(a) in relation to the M1 first order made under that subsection, 29th July 1977 (the date of the passing of the Criminal Law Act 1977); and

(b) in relation to each subsequent order, the date of the previous order.]

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(4) An order under subsection (1) . . . F7 above—

(a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and

(b) without prejudice to Schedule 14 to the M2 Criminal Law Act 1977, shall not affect the punishment for an offence committed before that order comes into force.

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Amendments (Textual)

F1 Words inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 65(5)

F2 S. 289D(1A)(d) repealed (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 103, Sch. 7 Pt. I; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F3 S. 183(5B)(5C) inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 65(1)(2)(a)

F4 Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s.7(c) (substituting “(5) or (5A)” for “or (5)” is repealed by virtue of the Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2 and for “or (5A)” there is substituted “(5A), (5B) or (5C)” by virtue of the Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 65(4)

F5 S. 289D(1A)(f)(g)(2)(3) repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2

F6 Ss. 289D(3A), 291(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F7 Words repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2

Marginal Citations

M1 1977 c. 45(39:1).

M2 1977 c. 45(39:1).