The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions and Savings) Amendment Order 2007

Explanatory Note

(This note is not part of the Order)

This Order amends the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (“the Order”).

Article 2 makes minor amendments to the Order.

Article 2(3) is needed so that the transitional provision found at article 4(2) of the Order will apply to offences prosecuted under section 27(7) of the Criminal Procedure (Scotland) Act 1995. This amendment anticipates the commencement of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Incidental, Supplemental and Consequential Provisions) Order 2007.

Articles 2(5)(b) and 2(6)(b) insert provision into the Schedule to the Order which will partially commence the repeal of section 9A of the Criminal Procedure (Scotland) Act 1995. Section 9A of the Criminal Procedure (Scotland) Act 1995 allows sheriffs, justices of the peace, and stipendiary magistrates to sign various documents outwith their geographical jurisdiction. The partial commencement of this repeal means that section 9A will continue to apply to sheriffs and stipendiary magistrates but will not apply to justices of the peace. Justices of the peace will continue to be able to sign documents outwith their jurisdiction by virtue of the provisions of section 62(5) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Those and other provisions relating to justices of the peace found in Part 4 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 will be commenced by the Order on 10th December 2007.