2011 No. 178 (C. 15)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011

Made7th March 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 20101.

Citation and interpretation1.

(1)

This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011.

(2)

In this Order—

“the Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

“the 1982 Act” means the Civic Government (Scotland) Act 19822;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 19953;

“the 2003 Act” means the Sexual Offences Act 20034;

“the 2005 Act” means the Licensing (Scotland) Act 20055;

“earlier proceedings” means—

(a)

the proceedings to which the appellate proceedings relate; and

(b)

in respect of which the first appearance of the accused or, as the case may be, the recording of a plea of not guilty against an accused charged on summary complaint is on or after 6th June 2011;

“the first appearance of the accused” means where in a prosecution under solemn procedure—

(a)

an accused appears for the first time on petition; or

(b)

an accused appears for the first time on indictment (not having appeared on petition in relation to the same matter).

(3)

For the purposes of this Order, where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it is to be taken to have been committed on the first of those days.

Commencement of provisions2.

(1)

The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on the corresponding date specified in column 3 of the Schedule.

(2)

Those provisions come into force for all purposes, unless otherwise specified in articles 3 to 10 or column 4 of the Schedule.

Purposes – sections 141 (application for section 145 order) to 149 (application for non-attendance order)3.

Sections 141 to 149 of the Act are commenced for all purposes in respect of—

(a)

criminal proceedings in which—

(i)

the first appearance of the accused; or

(ii)

the recording of a plea of not guilty against an accused charged on summary complaint;

is on or after 6th June 2011;

(b)

appellate proceedings arising out of such criminal proceedings.

Section 77 (retention of samples etc.)4.

(1)

The amendments made to section 18A of the 1995 Act by—

(a)

sub-sections (1), (3)(a) to (c), (e), (f)(i) and (g) of section 77 of the Act, insofar as they relate to relevant physical data, only have effect in relation to such relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act in connection with an offence committed on or after 28th March 2011; and

(b)

sub-sections (1), (3)(f)(ii) and (g) of section 77 of the Act, insofar as they relate to any sample or information deriving from a sample taken from a person under section 18(6) or (6A) of the 1995 Act, only have effect where—

(i)

that sample or information deriving from that sample was taken in connection with an offence committed on or after 28th March 2011; and

(ii)

criminal proceedings are instituted against that person for a relevant sexual offence in section 19A(6)(g) of the 1995 Act, as modified by section 18A(12) of the 1995 Act, on or after 28th March 2011.

(2)

Notwithstanding the amendment made to section 18A(1) of the 1995 Act by section 77(3)(a) of the Act, section 18A continues to apply to any sample or information derived from a sample taken from a person under section 18(6) or (6A) of the 1995 Act in connection with an offence committed before 28th March 2011.

Section 78 (retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted)5.

Sections 18B and 18C of the 1995 Act, as inserted by section 78 of the Act, only have effect in respect of—

(a)

relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or

(b)

any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) of the 1995 Act,

in connection with an offence committed on or after 28th March 2011.

Section 79 (retention of samples etc. taken or provided in connection with certain fixed penalty offences)6.

(1)

Section 18D of the 1995 Act, as inserted by section 79 of the Act, only has effect in respect of—

(a)

relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or

(b)

any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) of the 1995 Act,

in connection with a fixed penalty offence that was committed on or after 28th March 2011.

(2)

For the purpose of this article, “fixed penalty offence” has the meaning given by section 128(1) of the Antisocial Behaviour (Scotland) Act 20046.

Section 80 (retention of samples etc. from children referred to children’s hearings)7.

Sections 18E and 18F of the 1995 Act, as inserted by section 80 of the Act, only have effect in respect of—

(a)

relevant physical data taken from or provided by a child under section 18(2) of the 1995 Act; or

(b)

any sample, or any information derived from a sample, taken from a child under section 18(6) or (6A) of the 1995 Act,

in connection with an offence committed on or after 15th April 2011.

Section 81 (extension of section 19A of 1995 Act)8.

(1)

The amendment to section 19A of the 1995 Act made by section 81(a) of the Act only has application in respect of section 18A of the 1995 Act—

(a)

where—

(i)

relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or

(ii)

any sample, or information deriving from a sample, taken from that person under section 18(6) or (6A) of the 1995 Act,

was taken or provided in connection with an offence committed on or after 28th March 2011; and

(b)

criminal proceedings in respect of a relevant sexual offence specified in section 19A(6)(g) of the 1995 Act, as modified by section 18A(12) of the 1995 Act, are instituted against that person on or after 28th March 2011.

(2)

The amendment to section 19A of the 1995 Act made by section 81(b) of the Act only has application in respect of section 18A of the 1995 Act—

(a)

where—

(i)

relevant physical data taken or provided by that person under section 18(2) of the 1995 Act; or

(ii)

any sample, or information deriving from a sample, taken from that person under section 18(6) or (6A) of the 1995 Act,

was taken or provided in connection with an offence committed on or after 28th March 2011; and

(b)

criminal proceedings in respect of a relevant violent offence specified in section 19A(6)(h)(v) of the 1995 Act are instituted against that person on or after 28th March 2011.

Section 82 (use of samples etc.)9.

(1)

Section 19C(1) of the 1995 Act, as inserted by section 82(1) of the Act, applies to relevant physical data, samples and information derived from samples whenever taken or provided.

(2)

The amendments to section 56 of the Criminal Justice (Scotland) Act 20037 made by section 82(2) of the Act apply in relation to relevant physical data, samples or information derived from samples whenever taken or provided under that section.

Section 177 (licensing of late night catering)10.

(1)

A person who on or after 1st October 2012 carries on the activity designated by section 42(1) of the 1982 Act without a late hours catering licence shall not be guilty of an offence under section 7(1) of the 1982 Act if—

(a)

that person made an application to the licensing authority before that date for the grant of the late hours catering licence in respect of the activity being carried on by the person; and

(b)

that application has not yet been finally determined.

(2)

For the purposes of paragraph (1)(b), an application is finally determined—

(a)

when it is withdrawn by the applicant;

(b)

when it is granted by the licensing authority;

(c)

when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of Schedule 1 to the 1982 Act expires without an appeal against the refusal being made to the sheriff; or

(d)

in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of.

(3)

For the purposes of paragraph (2)(d), an appeal is disposed of—

(a)

when it is abandoned by the appellant; or

(b)

when a decision on it is made by the sheriff or a higher court expires without such a subsequent appeal being made.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th March 2011

SCHEDULE

Article 2

Column 1 (provisions of the Act)		Column 2 (subject matter)	Column 3 (date of commencement)	Column 4 (purpose)
Section 15		Non-harassment orders	28th March 2011	For all purposes where the misconduct complained of occurred on or after the date specified in column 3
Section 19		Early removal of certain short-term prisoners from the United Kingdom	28th March 2011
Section 22		Pre-sentencing reports about organisations	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 24(1), (2) and (3)		Effect of probation and absolute discharge	28th March 2011
Section 24(4) and (5)		Effect of probation and absolute discharge	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 27		Mutual recognition of judgments and probation decisions	28th March 2011
Section 32		Genocide, crimes against humanity and war crimes: UK residents	28th March 2011
Section 33		Genocide, crimes against humanity and war crimes: retrospective application	28th March 2011
Section 35(1) (but only in relation to subsections (2) and (3)) and (2) and (3)		Sale and hire of crossbows to persons under 18	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 35(1) (but only in relation to subsection (4)) and (4)		Sale and hire of crossbows to persons under 18	28th March 2011
Section 36(1) (but only in relation to subsections (2) and (3)) and (2) and (3)		Sale and hire of knives and certain other articles to persons under 18	28th March 2011
Section 36(1) (but only in relation to subsection (4)) and (4)		Sale and hire of knives and certain other articles to persons under 18	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 42(1)		Extreme pornography	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 42(2) and (3)		Extreme pornography	28th March 2011
Section 46		People trafficking	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 47		Slavery, servitude and forced or compulsory labour	28th March 2011
Section 48		Alternative charges for fraud and embezzlement	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 49		Articles for use in fraud	28th March 2011
Section 50		Conspiracy to commit offences outwith Scotland	28th March 2011	For all purposes in respect of acts done by a person in Scotland on or after the date specified in column 3 which would amount to conspiracy to commit an offence
Section 51		Abolition of offences of sedition and leasing-making	28th March 2011
Section 52		Prosecution of children	28th March 2011
Section 53		Offences: liability of partners	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 54		Witness statements	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 55		Breach of undertaking	28th March 2011	For all purposes in respect of any breach of undertaking committed on or after the date specified in column 3
Section 57		Bail review applications	28th March 2011	For all purposes in respect of any applications under section 30(2) of the 1995 Act received on or after the date specified in column 3
Section 58		Bail condition for identification procedures etc.	28th March 2011	For all purposes where the court grants bail to a person on or after the date specified in column 3
Section 61		Transfer of justice of the peace court cases	28th March 2011
Section 62		Additional charge where bail etc. breached	28th March 2011	For all purposes in respect of any breach of bail committed on or after the date specified in column 3
Section 65		Meaning of “organisation”	28th March 2011	For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
				(a) in summary proceedings, on the date of the first calling of the case; and
				(a) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(i) the intimation of a petition; or
				(i) the service of an indictment
Section 66		Proceedings on indictment against organisations	28th March 2011	For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
				(a) in summary proceedings, on the date of the first calling of the case; and
				(a) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(i) the intimation of a petition; or
				(i) the service of an indictment
Section 67		Prosecution of organisations by summary procedure	28th March 2011	For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
				(a) in summary proceedings, on the date of the first calling of the case; and
				(a) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(i) the intimation of a petition; or
				(i) the service of an indictment
Section 68		Manner of citation of organisations in summary proceedings	28th March 2011	For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
				(a) in summary proceedings, on the date of the first calling of the case; and
				(a) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(i) the intimation of a petition; or
				(i) the service of an indictment
Section 69		Prohibition of personal conduct of case by accused in certain proceedings	28th March 2011	For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 70		Disclosure of convictions and non-court disposals	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 72		Time limits for lodging certain appeals	28th March 2011
Section 73		Submissions as to sufficiency of evidence	28th March 2011	For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 74		Prosecutor’s right of appeal	28th March 2011	For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 75		Power of High Court in appeal under section 107A of 1995 Act	28th March 2011
Section 76		Further amendment of 1995 Act	28th March 2011	For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 77(1)		Retention of samples etc.	28th March 2011	For the purposes of amending sections 18(3) and 18A of the 1995 Act
Section 77(1) (in so far as not already in force)		Retention of samples etc.	1st August 2011
Section 77(2)(a) and (3)		Retention of samples etc.	28th March 2011
Section 77(2)(b) and (c)		Retention of samples etc.	1st August 2011
Section 78		Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted	28th March 2011
Section 79		Retention of samples etc. taken or provided in connection with certain fixed penalty offences	28th March 2011
Section 80 (in so far as not already in force)		Retention of samples etc. from children referred to children’s hearings	15th April 2011
Section 81		Extension of section 19A of 1995 Act	28th March 2011
Section 82		Use of samples etc.	1st August 2011
Section 84		Admissibility of prior statements of witnesses: abolition of competence test	28th March 2011
Section 85		Witness statements: use during trial	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 86		Spouse or civil partner of accused a compellable witness	28th March 2011	For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
				(a) in summary proceedings, on the date of the first calling of the case; and
				(a) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(i) the intimation of a petition; or
				(i) the service of an indictment
Section 87		Special measures for child witnesses and other vulnerable witnesses	28th March 2011	For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 88		Child witnesses in proceedings for people trafficking offences	28th March 2011	For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 89		Amendment of Criminal Justice (Scotland) Act 2003	28th March 2011
Section 90		Witness anonymity orders	28th March 2011
Section 91		Television link evidence	28th March 2011	For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 102(1)		Sex offender notification requirements	28th March 2011	For the purposes of amending sections 86, 87, 96 and 138 of the 2003 Act and commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act
Section 102(2)		Sex offender notification requirements	28th March 2011	Only for the purpose of commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act
Section 102(3) to (6)		Sex offender notification requirements	28th March 2011
Section 106		Grant of authorisations for surveillance	28th March 2011
Section 107		Authorisations to interfere with property etc.	28th March 2011
Section 115		Compensation orders	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 116		Meaning of “information”	6th June 2011
Section 117		Provision of information to prosecutor: solemn cases	6th June 2011	For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 118		Continuing duty to provide information: solemn cases	6th June 2011	For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 119		Provision of information to prosecutor: summary cases	6th June 2011	For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 120		Continuing duty of investigating agency: summary cases	6th June 2011	For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 121		Prosecutor’s duty to disclose information	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 122		Disclosure of other information: solemn cases	6th June 2011	For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 123(1), (2), (5) and (6)		Continuing duty of prosecutor	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 123(3) and (4)		Continuing duty of prosecutor	6th June 2011	For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 124		Defence statements: solemn proceedings	6th June 2011	For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 125		Defence statements: summary proceedings	6th June 2011	For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 126		Change in circumstances following lodging of defence statement: summary proceedings	6th June 2011	For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 127		Sections 121 to 126: no need to disclose same information more than once	6th June 2011	For all purposes in respect of criminal proceedings in which— (a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 128		Application by accused for ruling on disclosure	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 129		Review of ruling under section 128	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 130		Appeals against rulings under section 128	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 131		Effect of guilty plea	6th June 2011	For all purposes in respect of criminal proceedings in which—
				(a) the first appearance of the accused; or
				(a) the recording of a plea of not guilty against an accused charged on summary complaint,
				is on or after the date specified in column 3
Section 132		Sections 133 to 140: interpretation	6th June 2011	For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 133		Duty to disclose after conclusion of proceedings at first instance	6th June 2011	For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 134		Continuing duty of prosecutor	6th June 2011	For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 135		Application to prosecutor for further disclosure	6th June 2011	For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 136		Further duty of prosecutor: conviction upheld on appeal	6th June 2011	For all purposes in respect of appellate proceedings, as concluded, which arose in respect of earlier proceedings
Section 137		Further duty of prosecutor: convicted persons	6th June 2011	For all purposes in respect of criminal proceedings, as concluded, in which the first appearance of the accused or the recording of a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column 3
Section 138		Further duty of prosecutor: appeal against acquittal	6th June 2011	For all purposes in respect of appellate proceedings, in respect of which section 138 makes provision, arising out of proceedings in which the first appearance of the accused is, or the recording of a plea of not guilty against an accused charged on summary complaint is, on or after the date specified in column 3
Section 139		Application by appellant for ruling on disclosure	6th June 2011	For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 140		Review of ruling under section 139	6th June 2011	For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 141		Application for section 145 order	6th June 2011
Section 142		Application for non-notification order or exclusion order	6th June 2011
Section 143		Application for non-notification order and exclusion order	6th June 2011
Section 144		Application for exclusion order	6th June 2011
Section 145		Application for section 145 order: determination	6th June 2011
Section 146		Order preventing or restricting disclosure: application by Secretary of State	6th June 2011
Section 147		Application for ancillary orders: Secretary of State	6th June 2011
Section 148		Application for restricted notification order and non-attendance order	6th June 2011
Section 149		Application for non-attendance order	6th June 2011
Section 150		Special counsel	6th June 2011
Section 151		Persons eligible for appointment as special counsel	6th June 2011
Section 152		Role of special counsel	6th June 2011
Section 153		Appeals	6th June 2011
Section 154		Prohibition on disclosure pending determination of certain appeals	6th June 2011
Section 155		Review of section 145 order	6th June 2011
Section 156		Review of section 146 order	6th June 2011
Section 157		Review by court of section 145 and 146 orders	6th June 2011
Section 158		Applications and reviews: general provisions	6th June 2011
Section 159		Exemptions from disclosure	6th June 2011
Section 160		Means of disclosure	6th June 2011
Section 161		Redaction of non-disclosable information by prosecutor	6th June 2011
Section 162		Confidentiality of disclosed information	6th June 2011
Section 163		Contravention of section 162	6th June 2011
Section 164		Code of practice	6th June 2011
Section 165		Acts of Adjournal	6th June 2011
Section 166		Abolition of common law rules about disclosure	6th June 2011	For all purposes in respect of— (a) criminal proceedings in which—
				(i) the first appearance of the accused; or
				(i) a plea of not guilty is recorded against an accused charged on summary complaint,
					is on or after the date specified in column 3;
				(a) appellate proceedings arising out of criminal proceedings mentioned in paragraph (a).
Section 167		Interpretation of Part 6	6th June 2011
Section 172(1) to (3),(4)(a), (5) and (6)		Conditions to which licences under 1982 Act are to be subject	28th March 2011	For all purposes in respect of licence applications under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3
Section 175		Licensing of street trading: food hygiene certificates	28th March 2011	For all purposes in respect of applications for a street traders licence under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3
Section 176		Licensing of public entertainment	1st April 2012
Section 177		Licensing of late night catering	1st October 2012
Section 186		Premises licence applications: food hygiene certificates	28th March 2011	For all purposes in respect of applications for a premises licence made under section 20 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 188(2)		Sale of alcohol to trade	28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Section 189		Occasional licences	1st October 2011	For all purposes in respect of applications for an occasional licence made under section 56 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 190		Extended hours applications: notification period	1st October 2011	For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 191		Extended hours applications: variation of conditions	28th March 2011	For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 203		Modification of enactments	28th March 2011
Schedule 5		Witness anonymity orders: transitional	28th March 2011
The following paragraphs of Schedule 7:—		Modifications of enactments	28th March 2011
	1, 2, 3, 6, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25, 27, 28, 29, 30, 31, 34, 35, 36, 44, 45, 47, 50, 52, 53, 54, 55, 56, 59, 60, 61, 63, 64, 65, 67, 68, 69, 72, 74, 77, 78, 79, 80, 81, 82 and 83
Schedule 7, paragraph 24			28th March 2011	For all purposes in respect of offences committed on or after the date specified in column 3
Schedule 7, paragraph 33			1st August 2011

EXPLANATORY NOTE

(This note is not part of the Order)

The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.

This Order brings into force certain other provisions of the Act. The Schedule to this Order specifies the date certain provisions of the Act come into force. Article 2 of this Order provides that the provisions contained in column 1 of the Schedule come into force on the date specified in column 3. Those provisions come into force for all purposes unless otherwise specified in articles 3 to 10 or column 4 of the Schedule.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.

Provision	Purpose	Date of Commencement	S.S.I. No.
Section 14(1) (in part) and (2)	For all purposes apart from inserting section 227ZM into the 1995 Act	1st February 2011	2010/413
Section 14(1) (in so far as not already in force)	To bring section 227ZM of the 1995 Act into force	1st April 2011	2010/413
Section 16		13th December 2010	2010/413
Sections 17, 20 and 21		1st February 2011	2010/413
Section 23		13th December 2010	2010/413
Sections 25 and 26		13th December 2010	2010/413
Sections 28 to 31		13th December 2010	2010/413
Section 34		13th December 2010	2010/413
Section 37		13th December 2010	2010/413
Section 38		6th October 2010	2010/339
Sections 39 to 41		13th December 2010	2010/413
Sections 43 and 44		1st December 2010	2010/357
Section 45		13th December 2010	2010/413
Section 56		13th December 2010	2010/413
Sections 59 and 60		13th December 2010	2010/413
Section 63		1st December 2010	2010/357
Section 64		13th December 2010	2010/413
Section 71		13th December 2010	2010/413
Section 80	To bring section 18E(6), (7) and (10) of the 1995 Act into force	13th December 2010	2010/413
Section 83		5th November 2010	2010/385
Section 93		13th December 2010	2010/413
Sections 94 to 96		10th January 2011	2010/413
Section 97		6th October 2010	2010/339
Section 99		13th December 2010	2010/413
Section 101		13th December 2010	2010/413
Sections 104 and 105		13th December 2010	2010/413
Section 108(1)(in part) and (4)		12th October 2010	2010/344
Section 108(1) to (3) and (4) (in so far as not already in force)		28th February 2011	2011/157
Sections 111 to 114		13th December 2010	2010/413
Section 173		13th December 2010	2010/413
Section 178(3)(e)	To amend paragraph 9(3)(e) and (f) of Schedule 2 to the Civic Government (Scotland) Act 1982	16th August 2010	2010/297
Section 178 (in so far as not already in force)		28th February 2011	2010/413
Sections 180 and 181		13th December 2010	2010/413
Section 182		28th February 2011	2010/413
Section 183		13th December 2010	2010/413
Section 184(1) and (2) and (3) (both partially)		13th December 2010	2010/413
Section 185		13th December 2010	2010/413
Section 187		13th December 2010	2010/413
Section 188(1) and (3)		13th December 2010	2010/413
Section 192 to 194		13th December 2010	2010/413
Section 195(1),(2) and (3) (partially)		13th December 2010	2010/413
Section 196		13th December 2010	2010/413
Section 198 and 199		13th December 2010	2010/413
Schedule 2 (with the exception of paragraph 38)		1st February 2010	2010/413
Schedule 2 (in so far as not already in force)		The day that section 25(2) of the Welfare Reform Act 2009 (c. 24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force	2010/413
Schedule 4 (with the exception of paragraph 12)		13th December 2010	2010/413
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17)		13th December 2010	2010/413
Schedule 7, paragraphs–
4		13th December 2010	2010/413
5		13th December 2010	2010/413
13		13th December 2010	2010/413
48		10th January 2011	2010/413
49		13th December 2010	2010/413
86		13th December 2010	2010/413