Statutory Instruments

1991 No. 2706 (C. 81) (S. 211)

CRIMINAL LAW, SCOTLAND

The Criminal Justice Act 1991 (Commencement No. 2 and Transitional Provisions) Order 1991

Made

27th November 1991

The Secretary of State, in exercise of the powers conferred on him by section 102(2) and (3) of the Criminal Justice Act 1991(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the Criminal Justice Act 1991 (Commencement No. 2 and Transitional Provisions) Order 1991 and shall extend to Scotland only.

2.  –

(1) Subject to paragraph (2) below, section 26(3) of the Criminal Justice Act 1991 (“the 1991 Act”) shall come into force on 9th December 1991.

(2) Section 26(3) of the 1991 Act shall not come into force insofar as it would, apart from this paragraph, have effect with respect to the penalty provided by section 10(2)(b) of the Badgers Act 1973(2), immediately before 9th December 1991, for an offence under section 9(3) of that Act (contravention of, or failure to comply with, terms of licence).

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

27th November 1991

Explanatory Note

(This note is not part of the Order)

This Order brings into force, for Scotland, on 9th December 1991 section 26(3) of the Criminal Justice Act 1991 (c. 53), which substitutes increased penalties for offences under the Badgers Act 1973 (c. 57). It preserves the existing penalty for an offence under section 9(3) of the Badgers Act 1973, for which no provision would otherwise exist after the coming into force of section 26(3) of the Act of 1991.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

This Order has been preceded by the Criminal Justice Act 1991 (Commencement No.1) Order 1991 (SI 1991/2208). It brought into force at various dates, certain provisions of that Act, some for the United Kingdom, some for England, Wales and Scotland, and others for England and Wales only.

Table A of this Note sets out in chronological order the provisions of the Act brought into force by that Order for the whole of the United Kingdom and the dates of coming into force of those provisions. Table B of the Note sets out in chronological order the provisions of the Act brought into force by the Order for England, Wales and Scotland and the dates of coming into force of those provisions. Table C of the Note sets out in chronological order the provisions of the Act brought into force by the Order for England and Wales and the dates of coming into force of those provisions.

TABLE A

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM BY SI 1991/2208

Column 1Column 2
Provision of the ActDate of coming into force
Section 99 (partially)14th October 1991
Section 10214th October 1991

TABLE B

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR ENGLAND, WALES AND SCOTLAND BY SI 1991/2208

Column 1Column 2
Provision of the ActDate of coming into force
Section 26(4)31st October 1991

TABLE C

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR ENGLAND AND WALES ONLY BY SI 1991/2208

Column 1Column 2
Provision of the ActDate of coming into force
Section 60(3)14th October 1991
Section 100 (partially)14th October 1991
Section 101(1) (partially)14th October 1991
Schedule 11, paragraph 3614th October 1991
Schedule 12, paragraph 2314th October 1991
Section 26(3) (partially)25th October 1991
Section 101(1) (partially)25th October 1991
Schedule 12,paragraph 725th October 1991
Section 26(5)31st October 1991
Section 7331st October 1991
Section 7431st October 1991
Section 8031st October 1991
Section 8131st October 1991
Section 8231st October 1991
Section 8331st October 1991
Section 8431st October 1991
Section 8531st October 1991
Section 8631st October 1991
Section 8731st October 1991
Section 8831st October 1991
Section 8931st October 1991
Section 9031st October 1991
Section 9131st October 1991
Section 92(1)31st October 1991
Section 9331st October 1991
Section 94(partially)31st October 1991
Section 9531st October 1991
Section 9631st October 1991
Section 9831st October 1991
Section 100 (partially)31st October 1991
Section 101(2) (partially)31st October 1991
Schedule 1031st October 1991
Schedule 11 (partially)31st October 1991
Schedule 13 (partially)31st October 1991
(2)

1973 c. 57; section 9 is as amended by section 4 of the Badgers Act 1991 (c. 36).