2012 No. 274 (C. 28)
Criminal Law

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 10) Order 2012

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 84(1) and (2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 20071.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 10) Order 2012 and comes into force on 1st November 2012.

(2)

In this Order “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

Appointed day2.

The appointed day for the coming into force of the provisions of the 2007 Act specified in column 1 of the Schedule to this Order, the subject matter of which is specified in column 2, is 1st November 2012.

KENNY MACASKILL
A member of the Scottish Government

St Andrew’s House,

Edinburgh

SCHEDULEPROVISIONS COMING INTO FORCE ON 1st NOVEMBER 2012

Article 2

Column 1

Column 2

(provisions of the 2007 Act)

(subject matter)

Section 29

Jury citation

Section 41, in so far as not already commenced

Electronic proceedings

Section 42

Further provision for summary cases

EXPLANATORY NOTE
(This note is not part of the Order)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (“the 2007 Act”) received Royal Assent on 22nd February 2007.

Section 41(1) of the 2007 Act came into force on 10th December 2007 for the limited purpose of bringing into force section 303B(6) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), which makes provision for certain citations to be signed by means of electronic signature.

Section 41(2) of the 2007 Act also came into force on 10th December 2007 for the limited purpose of bringing into force sections 308A(2) to (4) of the 1995 Act, which contains certain definitions.

Article 2 of this Order brings section 41 of the 2007 Act into force, in so far as not already in force, on 1st November 2012. It also brings sections 29 and 42 of the 2007 Act into force on the same date.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)

Provision

Purpose

Date of Commencement

S.S.I. No.

Sections 1 to 6 and 7(2)(c)

10th December 2007

2007/479 (as amended by 2007/527)

Section 7, in so far as not already commenced, except for section 7(2)(g)

10th March 2008

2008/42

Sections 8 to 10

10th December 2007

2007/479 (as amended by 2007/527)

Section 11

10th March 2008

2008/42

Section 12(1)

10th December 2007

2007/479 (as amended by 2007/527)

Section 12(2) (partially)

To bring section 166B of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) into force

10th December 2007

2007/479 (as amended by 2007/527)

Section 12, in so far as not already commenced

10th March 2008

2008/42

Sections 13 to 15

10th December 2007

2007/479 (as amended by 2007/527)

Sections 16 and 17

10th March 2008

2008/42

Sections 18 to 21

10th December 2007

2007/479 (as amended by 2007/527)

Sections 22 and 23

10th March 2008

2008/42

Sections 24 to 27

10th December 2007

2007/479 (as amended by 2007/527)

Section 28

10th March 2008

2008/42

Section 30

10th December 2007

2007/479 (as amended by 2007/527)

Section 31

10th March 2008

2008/42

Sections 32 to 34

10th December 2007

2007/479 (as amended by 2007/527)

Sections 35 and 36

23rd April 2007

2007/250

Sections 37 to 40

10th December 2007

2007/479 (as amended by 2007/527)

Section 41(1) (partially)

To bring section 303B(6) of the 1995 Act into force

10th December 2007

2007/479 (as amended by 2007/527)

Section 41(2) (partially)

To bring sections 308A(2) to (4) of the 1995 Act into force

10th December 2007

2007/479 (as amended by 2007/527)

Section 43

10th December 2007

2007/479 (as amended by 2007/527)

Section 44(2)

23rd April 2007

2007/250

Sections 44, in so far as not already commenced, 45, 47 and 48

10th December 2007

2007/479 (as amended by 2007/527)

Sections 49 and 50

10th March 2008

2008/42

Section 51

To make work orders where one or more of the alleged offences in relation to which the work order is to be made was committed in a local authority area where arrangements have been made by that local authority for the supervision of any such work order

2nd June 2008 and 1st April 2011

2008/192; and 2011/188

Sections 52 to 54

10th March 2008

2008/42

Section 55, except for the purpose of any relevant penalty which requires to be paid in any district court

10th March 2008

2008/42

Section 56

23rd April 2007

2007/250

Sections 57 and 58

10th December 2007

2007/479 (as amended by 2007/527)

Section 59 (partially)

To enable orders to be made under section 59(2) of the 2007 Act

10th December 2007

2007/479 (as amended by 2007/527)

Section 59(1), (3), (4), (5), (7), in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Section 59(6), (8) and (9) in so far as not already commenced

10th March 2008

2008/42

Section 59(1), (3), (4), (5) and (7), in so far as not already commenced, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Section 59, in so far as not already commenced

22nd February 2010

2009/432

Section 60

10th December 2007

2007/479 (as amended by 2007/527)

Section 61

10th March 2008

2008/42

Section 62(4) to (7) (except as they apply to stipendiary magistrates)

10th December 2007

2007/479 (as amended by 2007/527)

Section 62, in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; and 23rd February 2009

2008/42; 2008/192; and 2008/362

Section 62(1) to (3) and (8), but only for the Sheriffdom of Glasgow and Strathkelvin

8th December 2008

2008/329

Section 62(4) to (7) in so far as not already commenced

8th December 2008

2008/329

Section 62, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Section 62, in so far as not already commenced

22nd February 2010

2009/432

Section 63 except section 63(2)

10th March 2008

2008/42

Sections 64 to 66

10th December 2007

2007/479 (as amended by 2007/527)

Sections 67(5) and (6)

23rd April 2007

2007/250

Sections 67, in so far as not already commenced, and 68 (except subsections (4) and (5))

10th December 2007

2007/479 (as amended by 2007/527)

Section 68(4) and (5), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Section 68(4) and (5), but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Section 68, in so far as not already commenced

22nd February 2010

2009/432

Section 69

23rd April 2007

2007/250

Sections 70 to 73

10th December 2007

2007/479 (as amended by 2007/527)

Sections 74 and 75, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Section 74, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Section 74, in so far as not already commenced

22nd February 2010

2009/432

Section 75, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Section 75, in so far as not already commenced

22nd February 2010

2009/432

Sections 76, 77(1) and (4)

10th December 2007

2007/479 (as amended by 2007/527)

Section 77(2), (3) and (5), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Section 77(2), (3) and (5) but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Section 77, in so far as not already commenced

22nd February 2010

2009/432

Sections 78 and 79

23rd April 2007

2007/250

Section 80 (partially)

To bring into force certain paragraphs of the schedule to the 2007 Act

23rd April 2007; 10th December 2007; 10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2007/250; 2007/479 (as amended by 2007/527); 2008/42; 2008/192; 2008/329; and 2008/362

Section 80, in so far as not already commenced

To bring into force certain paragraphs of the schedule to the 2007 Act

14th December 2009; 22nd February 2010

2009/432

Sections 81 to 84

22nd February 2007

On Royal Assent

Schedule, paragraph 1

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 2

10th March 2008

2008/42

Schedule, paragraph 3(a) and (c)

2nd June 2008; and 1st April 2011

2008/192; and 2011/188

Schedule, paragraph 4, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 4, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 4, in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraph 5

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 6

23rd April 2007

2007/250

Schedule, paragraph 7, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 7, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 7, in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraph 8

10th March 2008

2008/42

Schedule, paragraph 9(1) to (6), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 9(1) to (6), but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 9(1) to (6), in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraph 9(7), but only in so far as it applies to justices of the peace

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdoms of Glasgow and Strathkelvin; Grampian, Highland and Islands; Lothian and Borders; and Tayside, Central and Fife

8th December 2008 and 23rd February 2009

2008/329 and 2008/362

Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates

22nd February 2010

2009/432

Schedule, paragraphs 10 and 11

10th March 2008

2008/42

Schedule, paragraphs 12 to 15

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 16(1)

23rd April 2007

2007/250

Schedule, paragraph 16(2) to 16(6)

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraphs 17, 18(1) and (4)

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraphs 18(2) and (3) and 19

23rd April 2007

2007/250

Schedule, paragraph 20, except for paragraph 20(1)(b)(ii) and 20(3)(b)

10th March 2008

2008/42

Schedule, paragraph 20(1)(b)(ii), except for the purposes of any fines or expenses which require to be paid to the clerk of any district court

10th March 2008

2008/42

Schedule, paragraph 20(3)(b), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 20(3)(b), but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 20(3)(b), in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraph 21

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 22, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 22, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 22, in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraphs 23 and 24

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 25(a) and (d), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 25, in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraph 25(b)

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 25(c)

10th March 2008

2008/42

Schedule, paragraph 26, but only for the Sheriffdoms of Lothian and Borders and Grampian, Highland and Islands

10th March 2008 and 2nd June 2008

2008/42 and 2008/192

Schedule, paragraph 26, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 26, in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraph 26(a) to (s) and (u) to (v), but only for the Sheriffdom of Glasgow and Strathkelvin

8th December 2008

2008/329

Schedule, paragraph 26(t), in so far as not already commenced

8th December 2008

2008/329

Schedule, paragraph 26, in so far as not already commenced, but only for the Sheriffdom of Tayside, Central and Fife

23rd February 2009

2008/362

Schedule, paragraph 27(a)

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 27(c) (partially)

To repeal paragraph 2 of the schedule to the Bail, Judicial, Appointments etc. (Scotland) Act 2000

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 27, in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraphs 28 and 29

10th December 2007

2007/479 (as amended by 2007/527)

Schedule, paragraph 30(a), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 30(a), but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 30(a), in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraphs 31 and 32(a)

10th March 2008

2008/42

Schedule, paragraph 32(b) and (c), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of North Strathclyde

14th December 2009

2009/432

Schedule, paragraph 32, in so far as not already commenced

22nd February 2010

2009/432

Schedule, paragraph 33(1) and (2), but only for the Sheriffdoms of Lothian and Borders; Grampian, Highland and Islands; Glasgow and Strathkelvin; and Tayside, Central and Fife and except for the purposes of any statutory instrument made under the 2007 Act

10th March 2008; 2nd June 2008; 8th December 2008; and 23rd February 2009

2008/42; 2008/192; 2008/329; and 2008/362

Schedule, paragraph 33(1) and (2), but only for the Sheriffdom of North Strathclyde and except for the purposes of any statutory instrument made under the 2007 Act

14th December 2009

2009/432

Schedule, paragraph 33(1) and (2), in so far as not already commenced, except for the purposes of any statutory instrument made under the 2007 Act

22nd February 2010

2009/432

Schedule, paragraph 33(3) and (4)

10th December 2007

2007/479 (as amended by 2007/527)