Explanatory Notes

Criminal Justice and Licensing (Scotland) Act 2010

2010 asp 13

6 August 2010

Commentary on Sections

Schedule 7 – Modification of enactments

Paragraph 17 – The Criminal Justice (Scotland) Act 1987Paragraph 18 – The Criminal Justice Act 1988Paragraph 20 – The Criminal Justice and Public Order Act 1994

887.Sections 27 to 30 of the Criminal Law (Consolidation)(Scotland) Act 1995 provide for special investigating powers to be exercised by a nominee of the Lord Advocate in the event of a direction being given when a suspected offence may involve serious or complex fraud. They re-enact sections 51 to 54 of the Criminal Justice (Scotland) Act 1987 (“the 1987 Act”). Schedule 5 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 lists the provisions which were repealed as part of the consolidation exercise. However, the schedule does not include sections 51 to 54 of the 1987 Act. This is an error and should have been included at the time of the consolidation exercise. Paragraph 17 repeals sections 51 to 54 of the 1987 Act, and paragraphs 18 and 20 repeal amendments made to those sections by the Criminal Justice Act 1988 and the Criminal Justice and Public Order Act 1994.