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Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019


Section 10 – Consequential amendments

52.Section 10 makes minor amendments to the 1995 Act which are consequential on the other provisions of the Act.

Section 11 – Ancillary provision

53.Section 11 enables the Scottish Minsters to make regulations making ancillary provision to give full effect to the Act or any provision made under it, including by modifying any enactment. Regulations made under section 11 which modify an enactment attract the affirmative Parliamentary procedure. If they do not modify an enactment, they attract the negative Parliamentary procedure.

Section 12 - Commencement

54.Section 12 deals with the commencement of the Act provisions. Sections 11 (ancillary provision), 12 (commencement) and 13 (short title) come into force on the day after Royal Assent. The other provisions come into force on a day appointed by the Scottish Ministers by regulations. The Scottish Ministers may make regulations appointing different commencement dates for different purposes. They may bring provisions into force on different dates for different courts or different descriptions of courts. They could, for example, bring section 1, which introduces the new rule for child witnesses in serious cases, into force for the High Court earlier than for the sheriff court, and for some sheriff courts earlier than others. They may bring provisions into force on different dates for witnesses of different types or of different ages. They could, for example, bring section 1 into force earlier for children under the age of 12 than for children aged 12 or over.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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