The Crime and Punishment (Scotland) Act 1997 (Commencement No. 5 and Transitional Provisions and Savings) Order 1999

Citation and interpretation

1.—(1) This Order may be cited as the Crime and Punishment (Scotland) Act 1997 (Commencement No. 5 and Transitional Provisions and Savings) Order 1999.

(2) In this Order–

“the Act” means the Crime and Punishment (Scotland) Act 1997;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(1); and

“the Commission” means the Scottish Criminal Cases Review Commission.

Commencement of provisions

2.  Subject to article 3 below, the provisions of the Act which are specified in column 1 of the Schedule to this Order and whose subject matter is specified in column 2 of that Schedule shall, insofar as they are not then in force, come into force on 1st April 1999, but where a particular purpose is specified in relation to any provision in column 3 of that Schedule that provision shall come into force on that day only for that purpose.

Transitional provisions and savings

3.—(1) In relation to a case which is referred to the High Court by the Secretary of State under section 124(3) of the 1995 Act before 1st April 1999–

(a) the Clerk of Justiciary shall send a copy of the trial judge’s report that is furnished under section 113(1) of the 1995 Act to the Commission;

(b) the Clerk of Justiciary shall send a copy of the trial judge’s report that is provided under section 298(1) of the 1995 Act to the Commission.

(2) In relation to the exercise before 1st April 1999 of the power to make a reference in respect of any person to the High Court under section 124(3) of the 1995 Act, paragraph 7 of Schedule 3 to the Parliamentary Commissioner Act 1967(2) shall continue to have effect as if this Order had not been made.

(3) In relation to a reference made under section 124(3) of the 1995 Act before 1st April 1999, section 133 of the Criminal Justice Act 1988(3) shall continue to have effect as if this Order had not been made.

Henry McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

28th February 1999