Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Protection of Vulnerable Groups (Scotland) Act 2007) 2011

Scottish Statutory Instruments

2011 No. 167      

High Court Of Justiciary

Sheriff Court

Justice Of The Peace Court

Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Protection of Vulnerable Groups (Scotland) Act 2007) 2011

Made

24th February 2011

Coming into force

28th February 2011

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1), and of all other powers enabling them in that behalf do hereby enact and declare:

Citation, commencement etc.

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Protection of Vulnerable Groups (Scotland) Act 2007) 2011.

(2) It comes into force on 28th February 2011.

(3) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.

Protection of vulnerable groups

2.—(1) The Criminal Procedure Rules 1996(2) are amended as follows.

(2) For Chapter 47 (Protection of Children (Scotland) Act 2003)(3) substitute—

“CHAPTER 47A PROTECTION OF VULNERABLE GROUPS (SCOTLAND) ACT 2007

References under the Protection of Vulnerable Groups (Scotland) Act 2007

47A.1.   Where a court is giving the Scottish Ministers information under section 7 of the Protection of Vulnerable Groups (Scotland) Act 2007(4) it shall do so by—

(a) posting a notice of reference in Form 47A.1; or

(b) transmitting a copy of that notice, by facsimile or other electronic means.”.

(3) In the appendix, for Form 47.1 substitute Form 47A.1(5) set out in the Schedule to this Act of Adjournal.

(4) Notwithstanding subparagraphs (1) to (3), Chapter 47 will continue to apply where a referral under section 10 of the Protection of Children (Scotland) Act 2003(6) continues to be possible(7).

A.C. HAMILTON

Lord Justice General

I.P.D.

Edinburgh

24th February 2011

Paragraph 2(3)

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph 2 substitutes for Chapter 47 (Protection of Children (Scotland) Act 2003) new Chapter 47A (Protection of Vulnerable Groups (Scotland) Act 2007) in relation to references by a court to the Scottish Ministers under section 7 of the 2007 Act.

(1)

1995 c.46.

(2)

The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2011/21).

(3)

Chapter 47 was inserted by S.S.I. 2004/481.

(4)

2007 asp 14.

(5)

Form 47.1 was inserted by S.S.I. 2004/481.

(6)

2003 asp 5. Section 10 was amended by section 24(1) of the Criminal Procedure (Scotland) Act 2004 (2004 asp 5).

(7)

Paragraph 9 of S.S.I. 2010/180 makes savings and transitional provisions in relation to referrals under section 10 of the 2003 Act.