2020 No. 407 (C. 35)
The Serious Crime Act 2015 (Commencement No. 3) (Scotland) Regulations 2020
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 88(2) of the Serious Crime Act 20151.
In accordance with section 88(2) of that Act, the Scottish Ministers have consulted with the Secretary of State.
Citation and commencement1
These Regulations may be cited as the Serious Crime Act 2015 (Commencement No. 3) (Scotland) Regulations 2020 and come into force on 10 February 2021.
Appointed day2
1
10 February 2021 is the appointed day for the coming into force, in accordance with paragraph (2), of the following provisions of the Serious Crime Act 2015—
a
section 15 (restitution order and victim surcharge),
b
section 85(1) (minor and consequential amendments), so far as it relates to the provisions mentioned in paragraph (c) of this regulation, and
c
paragraphs 36 to 41 and 44 of schedule 4 (minor and consequential amendments).
2
The provisions listed in paragraph (1) are brought into force insofar as they are not already in force.
(This note is not part of the Regulations)
(This note is not part of the Regulations)
Certain provisions of the Act have been brought into force by commencement regulations (S.I. 2015/820, S.R. 2015/190, S.I. 2015/1428, S.I. 2015/1809, S.I. 2015/1976, S.I. 2016/148, S.S.I. 2016/11, S.I. 2017/451, S.I. 2017/511 and S.S.I. 2019/281) made before the date of these Regulations. Those regulations commence provisions in relation to other parts of the United Kingdom as well as in relation to Scotland.
Sections 15 to 22 and 38(3), as well as paragraphs 16 and 35 to 45 of schedule 4 (and section 85(1) so far as relating to those paragraphs), are the only provisions of the Act which fall to the Scottish Ministers to commence (see section 88(2) of the Act). Sections 16 to 22 and 38(3) together with paragraphs 16, 35, 42, 43 and 45 of schedule 4 (and section 85(1) so far as relating to those paragraphs) were brought into force by the Scottish Ministers on 1 March 2016. Section 15 together with paragraphs 36 to 41 and 44 of Schedule 4 (and section 85(1) so far as relating to those paragraphs) were partially brought into force by the Scottish Minsters on 25 November 2019.
The provisions of the Act that have been brought into force, and which extend to Scotland, are listed below.
Provision | Date of Commencement | S.I./S.S.I. No. |
|---|---|---|
Section 15 (in part) | 25 November 2019 | |
Sections 16 to 22 | 1 March 2016 | |
Section 37 | 1 June 2015 | |
Section 38(3) | 1 March 2016 | |
Section 39 | 1 June 2015 | |
Sections 41 to 44 | 3 May 2015 | |
Sections 47 to 49 | 3 May 2015 | |
Section 50(1)(a) and (c) and (2) | 3 May 2015 | |
Sections 52 to 65 | 3 May 2015 | |
Section 84 | 3 May 2015 | |
Section 85(1) so far as relating to paragraphs 1, 7 to 12, 18, 66(1) and (3), 73(1) and (5), 75 and 76 to 80 of schedule 4 | 3 May 2015 | |
Section 85(1), so far as relating to paragraphs 16, 35, 42, 43 and 45 of schedule 4 | 1 March 2016 | |
Section 85(1) so far as relating to paragraphs 6, 52 to 54, 56, 57 and 59 of schedule 4 | 1 June 2015 | |
Section 85(1) so far as relating to paragraphs 36 to 41 and 44 of schedule 4 | 25 November 2019 | |
Schedule 2 | 3 May 2015 | |
Schedule 4, paragraph 1 | 3 May 2015 | |
Schedule 4, paragraph 6 | 1 June 2015 | |
Schedule 4, paragraphs 7 to 12 and 18 | 3 May 2015 | |
Schedule 4, paragraphs 16, 35, 42, 43 and 45 | 1 March 2016 | |
Schedule 4, paragraphs 36 to 41 and 44 | 25 November 2019 | |
Schedule 4, paragraphs 52 to 54, 56, 57 and 59 | 1 June 2015 | |
Schedule 4, paragraphs 66(1) and (3), 73(1) and (5), 75 and 76 to 80 | 3 May 2015 |