2011 No. 354 (C. 33)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 9, Transitional and Savings Provisions) Order 2011
Made
6th October 2011
Laid before the Scottish Parliament
10th October 2011
Coming into force
1st November 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 2010 .

Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 9, Transitional and Savings Provisions) Order 2011 and comes into force on 1st November 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 1982 ;
- “the 2005 Act” means the Licensing (Scotland) Act 2005 ;
- “occasional licence application” has the meaning given in section 56(4) of the 2005 Act; and
- “premises licence” has the meaning given in section 17 of the 2005 Act.

Commencement of provisions
2
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
Where a purpose is specified in column 4 of the Schedule, the corresponding provision specified in column 1 of the Schedule comes into force only for that purpose.

Savings provision and transitional provision - section 174 (licensing of taxis and private hire cars)
3
1
The commencement of section 174 of the Act has no effect as regards—
a
an application for a licence under section 13 of the 1982 Act made before 1st November 2011; or
b
a review under section 17(2) of the 1982 Act commenced before that date.
2
The duty specified in section 17(2) of the 1982 Act (as substituted by section 174(3)(a) of the Act) does not apply in relation to scales which are in effect on 1st November 2011 and are the subject of a review commenced before that date.

Transitional provision - section 184 (premises licences: connected persons and interested parties)
4
1
For the purposes of section 40A of the 2005 Act (as inserted by section 184(2) of the Act) a premises licence holder who is an interested party in relation to licensed premises on 1st November 2011 is to be treated as having become an interested party on that date.
2
Notwithstanding the commencement of section 184 of the Act, where a premises licence holder becomes or ceases to be an interested party in relation to the licensed premises on or after 1st November 2011 but before 1st April 2012 then notice of that fact must be given by the premises licence holder to the Licensing Board no later than 1st May 2012.

Savings provision – schedule 6 (further modifications of the 2005 Act)
5
The commencement of paragraphs 2 and 17 of schedule 6 to the Act is of no effect in relation to—
a
an occasional licence application received by a Licensing Board before 1st November 2011;
b
an application for a premises licence made to a Licensing Board before 13th December 2011;
c
an application for the transfer of a premises licence made to a Licensing Board before 13th December 2011; and
d
an application for a personal licence under section 72 of the 2005 Act made before 13th December 2011.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th October 2011
SCHEDULE
Article 2
Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (date of commencement) | Column 4 (purpose)
Section 100 | Sexual offences protection orders | 1st November 2011 |
Section 103 | Risk of sexual harm orders | 1st November 2011 |
Section 109(1) and (2) | Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974 | 1st November 2011 |
Section 109(3) | Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974 | 1st November 2011 | For all purposes in respect of offences committed on or after the date specified in column 3.
Section 109(4) | Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974 | 1st November 2011 |
Section 110(1) | Medical services in prisons | 1st November 2011 |
Section 110(2) | Medical services in prisons | 1st November 2011 | For all purposes in respect of offences committed under section 41D of the Prisons (Scotland) Act 1989 on or after the date specified in column 3.
Section 110(3), (4) and (5) | Medical services in prisons | 1st November 2011 |
Section 174 | Licensing of taxis and private hire cars | 1st November 2011 |
Section 184 | Premises licences: connected persons and interested parties | 1st November 2011 | For all purposes insofar as not already in force.
Section 195 | Liability for offences | 1st November 2011 | For all purposes insofar as not already in force in respect of offences committed on or after the date specified in column 3.
Paragraph 2 of schedule 6 | Further modifications of the 2005 Act | 1st November 2011 |
Paragraphs 9 and 10 of schedule 6 | Further modifications of the 2005 Act | 1st November 2011 | For the purposes of occasional licence applications received by a Licensing Board on or after the date specified in column 3.
Paragraph 17 of schedule 6 | Further modifications of the 2005 Act | 1st November 2011 |
Paragraphs 7, 9 and 10 of schedule 7 | Modifications of enactments | 1st November 2011 |

EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010. Article 2 provides that the provisions specified 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 column 4 of the Schedule.
Articles 3 and 4 make transitional and savings provision.
The Bill for 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.

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 | Date of Commencement | S.S.I. No.
Section 14(1) (in part) | 1st February 2011 | 2010/413
Section 14(1) (in so far as not already in force) | 1st April 2011 | 2010/413
Section 14(2) | 1st February 2011 | 2010/413
Section 15 | 28th March 2011 | 2011/178
Section 16 | 13th December 2010 | 2010/413
Section 17 | 1st February 2011 | 2010/413
Section 19 | 28th March 2011 | 2011/178
Sections 20 and 21 | 1st February 2011 | 2010/413
Section 22 | 28th March 2011 | 2011/178
Section 23 | 13th December 2010 | 2010/413
Section 24 | 28th March 2011 | 2011/178
Sections 25 and 26 | 13th December 2010 | 2010/413
Section 27 | 28th March 2011 | 2011/178
Sections 28 to 31 | 13th December 2010 | 2010/413
Sections 32 and 33 | 28th March 2011 | 2011/178
Section 34 | 13th December 2010 | 2010/413
Section 35 | 28th March 2011 | 2011/178
Section 36 | 28th March 2011 | 2011/178
Section 37 | 13th December 2010 | 2010/413
Section 38 | 6th October 2010 | 2010/339
Sections 39 to 41 | 13th December 2010 | 2010/413
Section 42 | 28th March 2011 | 2011/178
Sections 43 and 44 | 1st December 2010 | 2010/357
Section 45 | 13th December 2010 | 2010/413
Section 46 to 53 | 28th March 2011 | 2011/178
Section 54 | 6th June 2011 | 2011/178
Section 55 | 28th March 2011 | 2011/178
Section 56 | 13th December 2010 | 2010/413
Sections 57 and 58 | 28th March 2011 | 2011/178
Sections 59 and 60 | 13th December 2010 | 2010/413
Sections 61 and 62 | 28th March 2011 | 2011/178
Sections 65 to 70 | 28th March 2011 | 2011/178
Section 71 | 13th December 2010 | 2010/413
Sections 72 to 76 | 28th March 2011 | 2011/178
Section 77(1) (in part) | 28th March 2011 | 2011/178
Section 77(1) (insofar as not already in force) | 1st August 2011 | 2011/178
Section 77(2)(a) | 28th March 2011 | 2011/178
Section 77(2)(b) and (c) | 1st August 2011 | 2011/178
Section 77(3) | 28th March 2011 | 2011/178
Sections 78 and 79 | 28th March 2011 | 2011/178
Section 80 (in part) | 13th December 2010 | 2010/413
Section 80 (insofar as not already in force) | 15th April 2011 | 2011/178
Section 81 | 28th March 2011 | 2011/178
Section 82 | 1st August 2011 | 2011/178
Section 83 | 5th November 2010 | 2010/385
Section 84 | 28th March 2011 | 2011/178
Section 85 | 6th June 2011 | 2011/178
Sections 86 to 91 | 28th March 2011 | 2011/178
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
Section 102 | 28th March 2011 | 2011/178
Sections 104 and 105 | 13th December 2010 | 2010/413
Sections 106 and 107 | 28th March 2011 | 2011/178
Section 108(1)(in part) and (4) | 12th October 2010 | 2010/344
Section 108(1) to (3) and (4) (insofar as not already in force) | 28th February 2011 | 2011/157
Sections 111 to 114 | 13th December 2010 | 2010/413
Section 115 | 28th March 2011 | 2011/178
Sections 116 to 167 | 6th June 2011 | 2011/178
Section 172(1) to (3), (4)(a), (5) and (6) | 28th March 2011 | 2011/178
Section 173 | 13th December 2010 | 2010/413
Section 175 | 28th March 2011 | 2011/178
Section 176 | 1st April 2012 | 2011/178
Section 177 | 1st October 2012 | 2011/178
Section 178(3)(e) | 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 186 | 28th March 2011 | 2011/178
Section 187 | 13th December 2010 | 2010/413
Section 188(1) | 13th December 2010 | 2010/413
Section 188(2) | 28th March 2011 | 2011/178
Section 188(3) | 13th December 2010 | 2010/413
Sections 189 and 190 | 1st October 2011 | 2011/178
Section 191 | 28th December 2011 | 2011/178
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
Sections 198 and 199 | 13th December 2010 | 2010/413
Section 203 | 28th March 2011 | 2011/178
Schedule 2 (with the exception of paragraph 38) | 1st February 2010 | 2010/413
Schedule 2 (insofar 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 5 | 28th March 2011 | 2011/178
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17) | 13th December 2010 | 2010/413
Schedule 7, paragraphs— | |
1 to 3 | 28th March 2011 | 2011/178
4 | 13th December 2010 | 2010/413
5 | 13th December 2010 | 2010/413
6 | 28th March 2011 | 2011/178
11 and 12 | 28th March 2011 | 2011/178
13 | 13th December 2010 | 2010/413
14 and 15 | 28th March 2011 | 2011/178
17 to 25 | 28th March 2011 | 2011/178
27 to 31 | 28th March 2011 | 2011/178
33 | 1st August 2011 | 2011/178
34 to 36 | 28th March 2011 | 2011/178
44 and 45 | 28th March 2011 | 2011/178
47 | 28th March 2011 | 2011/178
48 | 10th January 2011 | 2010/413
49 | 13th December 2010 | 2010/413
50 | 28th March 2011 | 2011/178
52 to 56 | 28th March 2011 | 2011/178
59 to 61 | 28th March 2011 | 2011/178
63 to 65 | 28th March 2011 | 2011/178
67 to 69 | 28th March 2011 | 2011/178
72 | 28th March 2011 | 2011/178
74 | 28th March 2011 | 2011/178
77 to 83 | 28th March 2011 | 2011/178
86 | 13th December 2010 | 2010/413
2010 asp 13.
1982 c.45.
2005 asp 16.
1989 c.45.