2015 No. 336 (C. 41)

Criminal Law
High Court Of Justiciary
Sheriff Appeal Court

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 13) and the Courts Reform (Scotland) Act 2014 (Commencement No. 4) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 206(1) of the Criminal Justice and Licensing (Scotland) Act 20101 and section 138(2) of the Courts Reform (Scotland) Act 20142.

Citation, commencement and interpretation1

1

This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 13) and the Courts Reform (Scotland) Act 2014 (Commencement No. 4) Order 2015 and comes into force on the appointed day.

2

In this Order—

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

  • “the 2014 Act” means the Courts Reform (Scotland) Act 2014; and

  • “the appointed day” means 19th October 2015.

Provisions coming into force on the appointed day2

The following provisions come into force on the appointed day—

a

Sections 1 to 13 of the 2010 Act, in so far as not already in force;

b

Schedule 1 to the 2010 Act, in so far as not already in force;

c

Section 132 of the 2014 Act, for the purpose of bringing into force paragraph 17 of schedule 5 to the 2014 Act; and

d

Paragraph 17 of schedule 5 to the 2014 Act.

MICHAEL MATHESONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 19th October 2015 certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) and the Courts Reform (Scotland) Act 2014 (“the 2014 Act”).

Article 2 of this Order brings fully into force sections 1 to 13, and schedule 1 to the 2010 Act, insofar as these provisions are not in force already. Article 2 also brings into force section 132 of the 2014 Act for the purpose of bringing into force paragraph 17 of schedule 5 to the 2014 Act, which is also commenced.

The 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204 and 206 came into force on Royal Assent. The 2014 Act received Royal Assent on 10th November 2014. Sections 133, 134(1) and (3) and 135 to 139 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ORDERS UNDER THE CRIMINAL JUSTICE AND LICENSING (SCOTLAND) ACT 2010

The following provisions of the 2010 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 1(1)

7th May 2015

2015/177

Section 1(2) (partially)

7th May 2015

2015/177

Section 14(1) (partially)

1st February 2011

2010/413

Section 14(1) (for all remaining purposes)

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

Sections 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

Section 63

1st December 2010

2010/357

Section 64

13th December 2010

2010/413

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) (partially)

28th March 2011

2011/178

Section 77(1) (for all remaining purposes)

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 (partially)

13th December 2010

2010/413

Section 80 (for all remaining purposes)

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 100

1st November 2011

2011/354

Section 101

13th December 2010

2010/413

Section 102(1) (partially), (2) (partially) and (3) to (6)

28th March 2011

2011/178

Section 102 (1) and (2) insofar as not already in force

8th July 2013

2013/214

Section 103

1st November 2011

2011/354

Sections 104 and 105

13th December 2010

2010/413

Sections 106 and 107

28th March 2011

2011/178

Section 108(1) (partially) and (4)

12th October 2010

2010/344

Section 108 (for all remaining purposes)

28th February 2011

2011/157

Section 109

1st November 2011

2011/354

Section 110

1st November 2011

2011/354

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

Sections 168 to 171

25th June 2012

2012/160

Section 172(1) to (3), (4)(a), (5) and (6)

28th March 2011

2011/178

Section 173

13th December 2010

2010/413

Section 174

1st November 2011

2011/354

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 (for all remaining purposes)

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), (2) (partially) and (3) (partially)

13th December 2010

2010/413

Section 184 (for all remaining purposes)

1st November 2011

2011/354

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 March 2011

2011/178

Sections 192 to 194

13th December 2010

2010/413

Section 195(1), (2) and (3) (partially)

13th December 2010

2010/413

Section 195 (for all remaining purposes)

1st November 2011

2011/354

Section 196

13th December 2010

2010/413

Sections 198 and 199

13th December 2010

2010/413

Section 203

28th March 2011

2011/178

Schedule 1 (partially), paragraph 2

7th May 2015

2015/177

Schedule 2 (with the exception of paragraph 38)

1st February 2011

2010/413

Schedule 2, paragraph 38

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 6, paragraphs 2, 9, 10 and 17

1st November 2011

2011/354

Schedule 7, paragraphs—

1 to 3

28th March 2011

2011/178

4 and 5

13th December 2010

2010/413

6

28th March 2011

2011/178

7

1st November 2011

2011/354

8

25th June 2012

2012/160

9 and 10

1st November 2011

2011/354

11 and 12

28th March 2011

2011/178

13

13th December 2010

2010/413

14 and 15

28th March 2011

2011/178

16

25th June 2012

2012/160

17 to 25

28th March 2011

2011/178

27 to 31

28th March 2011

2011/178

32

25th June 2012

2012/160

33

1st August 2011

2011/178

34 to 36

28th March 2011

2011/178

37 to 43

25th June 2012

2012/160

44 and 45

28th March 2011

2011/178

46

25th June 2012

2012/160

47

28th March 2011

2011/178

48

10th January 2011

2010/413

49

13th December 2010

2010/413

50

28th March 2011

2011/178

51

25th June 2012

2012/160

52 to 56

28th March 2011

2011/178

57 and 58

25th June 2012

2012/160

59 to 61

28th March 2011

2011/178

62

25th June 2012

2012/160

63 to 65

28th March 2011

2011/178

66

25th June 2012

2012/160

67 to 69

28th March 2011

2011/178

71

25th June 2012

2012/160

72

28th March 2011

2011/178

73

25th June 2012

2012/160

74

28th March 2011

2011/178

75 and 76

25th June 2012

2012/160

77 to 83

28th March 2011

2011/178

84 and 85

25th June 2012

2012/160

86

13th December 2010

2010/413

87

25th June 2012

2012/160

ORDERS UNDER THE COURTS REFORM (SCOTLAND) ACT 2014

The following provisions of the 2014 Act have been brought into force by commencement orders made before the date of this Order.

Provision

Date of Commencement

S.S.I.No.

Sections 1 to 4

1st April 2015

2015/77

Section 5 (partially)

1st April 2015

2015/77

Section 5 (for all remaining purposes)

22nd September 2015

2015/247

Sections 6 to 9

1st April 2015

2015/77

Section 10 (partially)

1st April 2015

2015/77

Section 10 (for all remaining purposes)

22nd September 2015

2015/247

Sections 11 to 15

1st April 2015

2015/77

Section 16(1) to (11)

1st April 2015

2015/77

Sections 17 to 22

1st April 2015

2015/77

Section 23(5)

12th March 2015

2015/77

Section 23 (for all remaining purposes)

1st April 2015

2015/77

Sections 24 and 25

1st April 2015

2015/77

Sections 27 to 38

1st April 2015

2015/77

Section 39 (partially)

1st April 2015

2015/77

Section 39 (for all remaining purposes)

22nd September 2015

2015/247

Sections 40 to 43

1st April 2015

2015/77

Sections 44 and 45

22nd September 2015

2015/247

Section 46 (partially)

1st April 2015

2015/77

Section 46 (for all remaining purposes)

22nd September 2015

2015/247

Sections 47 and 48 (partially)

22nd September 2015

2015/247

Sections 49 to 56

1st April 2015

2015/77

Section 57(1) and (2)

22nd September 2015

2015/247

Section 57(3) to (5)

1st April 2015

2015/77

Section 58

22nd September 2015

2015/247

Sections 59 to 62

1st April 2015

2015/77

Sections 63 to 71

22nd September 2015

2015/247

Section 72 (partially)

1st April 2015

2015/77

Sections 75 and 76

1st April 2015

2015/77

Section 79

22nd September 2015

2015/247

Section 81 (partially)

1st April 2015

2015/77

Section 86 (partially)

1st April 2015

2015/77

Sections 87 and 88

1st April 2015

2015/77

Section 89

22nd September 2015

2015/247

Sections 90 and 91

1st April 2015

2015/77

Sections 92 to 94

22nd September 2015

2015/247

Section 98

1st April 2015

2015/77

Section 99

22nd September 2015

2015/247

Section 102 (partially)

1st April 2015

2015/77

Sections 103 to 107

1st April 2015

2015/77

Section 108

22nd September 2015

2015/247

Section 115

1st April 2015

2015/77

Sections 117 and 118

22nd September 2015

2015/247

Section 119 (partially)

1st April 2015

2015/77

Section 119 (for all remaining purposes)

22nd September 2015

2015/247

Sections 120 to 122

22nd September 2015

2015/247

Section 123

1st April 2015

2015/77

Section 125

1st April 2015

2015/77

Section 127

1st April 2015

2015/77

Section 130 and paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 (partially)

2nd February 2015

2015/12

Section 130 and schedule 4 (for all remaining purposes)

1st April 2015

2015/77

Section 131

1st April 2015

2015/77

Section 132 (for the purpose of bringing into force certain provisions of schedule 5)

1st April 2015

2015/77

Section 132 (for the purpose of bringing into force further provisions of schedule 5)

22nd September 2015

2015/247

Section 134(2)

1st April 2015

2015/77

Schedule 1

22nd September 2015

2015/247

Schedule 2 (partially)

1st April 2015

2015/77

Schedule 2 (for all remaining purposes)

22nd September 2015

2015/247

Paragraphs 1 to 9, 10(1) to (3), (6) and (7), 11 to 21, 23, 24 and 26 of schedule 3

22nd September 2015

2015/247

Schedule 4

The following provisions of schedule 5—

Paragraphs 1 to 3

1st April 2015

2015/77

Paragraph 4(a) (partially)

1st April 2015

2015/77

Paragraph 4(a) (for all remaining purposes)

22nd September 2015

2015/247

Paragraphs 4(b) and (c)

1st April 2015

2015/77

Paragraph 4(f) (partially)

1st April 2015

2015/77

Paragraph 5

1st April 2015

2015/77

Paragraph 6(1) and (2) (partially)

1st April 2015

2015/77

Paragraph 6(1) and (2) (partially)

22nd September 2015

2015/247

Paragraph 7

1st April 2015

2015/77

Paragraph 8

22nd September 2015

2015/247

Paragraphs 9 to 11

1st April 2015

2015/77

Paragraph 12(1) and (4)

1st April 2015

2015/77

Paragraph 14(1) to (3)

22nd September 2015

2015/247

Paragraph 15

22nd September 2015

2015/247

Paragraph 16

1st April 2015

2015/77

Paragraph 18

1st April 2015

2015/77

Paragraph 19

22nd September 2015

2015/247

Paragraphs 24 and 25

22nd September 2015

2015/247

Paragraph 26

1st April 2015

2015/77

Paragraphs 28 to 31

1st April 2015

2015/77

Paragraph 32(1), (2) and (4)

22nd September 2015

2015/247

Paragraph 33

22nd September 2015

2015/247

Paragraph 34

1st April 2015

2015/77

Paragraphs 36 to 38

1st April 2015

2015/77

Paragraphs 42 to 45

1st April 2015

2015/77