The Criminal Justice (Scotland) Act 2003 (Transitional Provisions) Order 2003

Scottish Statutory Instruments

2003 No. 438

CRIMINAL LAW

The Criminal Justice (Scotland) Act 2003 (Transitional Provisions) Order 2003

Made

17th September 2003

Laid

18th September 2003

Coming into force

1st January 2004

The Scottish Ministers, in exercise of the powers conferred by section 84(1) of the Criminal Justice (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Transitional Provisions) Order 2003.

(2) This Order shall come into force on 1st January 2004.

(3) In this Order “the Act” means the Criminal Justice (Scotland) Act 2003.

Transitional provisions

2.  For the purposes of–

(a) section 13(1)(b) of the Act, the first financial year of the Risk Management Authority shall be the period beginning with 1st January 2004 and ending with 31st March 2004;

(b) section 13(2) of the Act, the first financial year of the Risk Management Authority shall be the period beginning with 1st January 2004 and ending with 31st March 2005.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

17th September 2003

Explanatory Note

(This note is not part of the Order)

Section 13(1)(b) of the Criminal Justice (Scotland) Act 2003 (“the Act”) requires the Risk Management Authority (“the RMA”) to prepare an account of its expenditure and receipts for each financial year (being the period of 12 months ending with 31st March).

Section 13(2) of the Act requires the RMA after the end of each financial year to prepare and send to Scottish Ministers a report on its activities during that year.

In terms of the Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003 (S.S.I. 2003/439) sections 4, 5, 6, 11, 12 and 13 of the Act are to be commenced with effect from 1st January 2004 from which date it is expected that the members of the RMA will be appointed.

This Order makes transitional provisions in terms of which the first accounting period for the RMA shall be from 1st January 2004 to 31st March 2004 and its first report shall be for the period from 1st January 2004 to 31st March 2005.

(1)

2003 asp 7.