The Intermediate Diets (Scotland) Order 1996

Statutory Instruments

1996 No. 616 (S.59)

CRIMINAL LAW, SCOTLAND

The Intermediate Diets (Scotland) Order 1996

Made

5th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

The Secretary of State, in exercise of the powers conferred upon him by section 148(7) of the Criminal Procedure (Scotland) Act 1995(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Intermediate Diets (Scotland) Order 1996 and shall come into force on 1st April 1996.

2.  In this Order—

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995; and

“commission area” has the same meaning as in section 26(1) of the District Courts (Scotland) Act 1975(2).

Prescription of Courts and commencement of proceedings

3.  The sheriff court for each sheriff court district specified in Schedule 1 to this Order is hereby prescribed for the purposes of section 148(7) of the 1995 Act (intermediate diet) in relation to proceedings commenced after 31st March 1996.

4.  The district court for each commission area specified in Schedule 2 to this Order is hereby prescribed for the purposes of section 148(7) of the 1995 Act in relation to proceedings commenced after 31st March 1996.

5.  The sheriff court for the sheriff court district of Linlithgow is hereby prescribed for the purposes of section 148(7) of the 1995 Act in relation to proceedings commenced after 30th September 1996.

6.  The district courts for the commission areas of City of Glasgow and South Lanarkshire are hereby prescribed for the purposes of section 148(7) of the 1995 Act in relation to proceedings commenced after 31st March 1997.

James Douglas-Hamilton

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

5th March 1996

Article 3

SCHEDULE 1

Sheriff Court district

• Aberdeen

• Airdrie

• Alloa

• Arbroath

• Ayr

• Banff

• Campbeltown

• Cupar

• Dingwall

• Dumbarton

• Dumfries

• Dundee

• Dunfermline

• Dunoon

• Duns

• Edinburgh

• Elgin

• Falkirk

• Forfar

• Fort William

• Glasgow

• Greenock

• Haddington

• Hamilton

• Inverness

• Jedburgh

• Kilmarnock

• Kirkcaldy

• Kirkcudbright

• Lanark

• Oban

• Paisley

• Peebles

• Perth

• Peterhead

• Rothesay

• Selkirk

• Stirling

• Stonehaven

• Stranraer

• Tain

• Wick

Article 4

SCHEDULE 2

Commission area

• Aberdeen City

• Aberdeenshire

• Angus

• City of Edinburgh

• Clackmannanshire

• Dundee City

• East Ayrshire

• East Dunbartonshire

• East Lothian

• Falkirk

• Fife

• East Renfrewshire

• Inverclyde

• Moray

• Midlothian

• North Ayrshire

• Perth and Kinross

• Renfrewshire

• Stirling

• South Ayrshire

• North Lanarkshire

• West Dunbartonshire

• West Lothian

Explanatory Note

(This note is not part of the Order)

This Order prescribes certain courts for the purposes of section 148(7) of the Criminal Procedure (Scotland) Act 1995 in relation to proceedings commenced after a date which is also prescribed in the Order.

The effect of any such prescription is that the prescribed court will be required to hold an intermediate diet under that section in any case where proceedings are commenced after the prescribed date unless the court considers, on a joint application by the parties, that it would be inappropriate to hold an intermediate diet in that case.

Articles 3 and 4 prescribes certain sheriff courts and district courts specified in, respectively, Schedule 1 and Schedule 2 to the Order, in relation to proceedings commenced after 31st March 1996. Article 5 prescribes the sheriff court for the sheriff court district of Linlithgow in relation to proceedings commenced after 30th September 1996. Article 6 prescribes the district courts for the commission areas of City of Glasgow and South Lanarkshire in relation to proceedings commenced after 31st March 1997.

(1)

1995 c. 46.

(2)

1975 c. 20. The definition was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 96(5).