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

Article 2

SCHEDULE

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
				(b) 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
				(b) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(ii) the intimation of a petition; or
				(iii) 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
				(b) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(ii) the intimation of a petition; or
				(iii) 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
				(b) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(ii) the intimation of a petition; or
				(iii) 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
				(b) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(ii) the intimation of a petition; or
				(iii) 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
				(b) 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
				(b) in solemn cases, on the date on whichever of the following first occurs:—
				(i) the grant of a warrant to arrest and commit;
				(ii) the intimation of a petition; or
				(iii) 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
				(b) 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
				(b) 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
				(b) 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
				(b) 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
				(b) 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
				(b) 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
				(b) 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
				(ii) a plea of not guilty is recorded against an accused charged on summary complaint,
					is on or after the date specified in column 3;
				(b) 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