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The Victims and Witnesses (Scotland) Act 2014 (Commencement No. 9) Order 2022

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Scottish Statutory Instruments

2022 No. 22 (C. 1)

Criminal Law

The Victims and Witnesses (Scotland) Act 2014 (Commencement No. 9) Order 2022

Made

25th January 2022

Laid before the Scottish Parliament

27th January 2022

Coming into force

1st April 2022

The Scottish Ministers make the following Order in exercise of the powers conferred by section 34(2) of the Victims and Witnesses (Scotland) Act 2014(1).

Citation and commencement

1.  This Order may be cited as the Victims and Witnesses (Scotland) Act 2014 (Commencement No. 9) Order 2022 and comes into force on 1 April 2022.

Day appointed

2.  1 April 2022 is the day appointed for the coming into force of section 9 of the Victims and Witnesses (Scotland) Act 2014(2).

HUMZA YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

25th January 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences section 9 of the Victims and Witnesses (Scotland) Act 2014 (“the 2014 Act”) on 1 April 2022.

Section 9 allows a person who is a victim of a sexual offence, to request that any forensic medical examination of them is carried out by a registered medical practitioner of a sex specified by the person.

The Bill for the 2014 Act received Royal Assent on 17 January 2014. The following sections of the 2014 Act came into force on the following day: sections 30 (in part), 31 (in part), 32, 33, 34 and 35.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

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

ProvisionDate of CommencementS.S.I. No.
Section 130 January 20152014/359
Section 2 (in part)13 August 20142014/210
Section 2 (in so far as not already in force)30 January 20152014/359
Section 330 January 20152014/359
Section 41 July 20152015/200
Section 524 February 20212021/39
Section 6 (in part)13 August 20142014/210
Section 6 (in part)30 January 20152014/359
Section 71 September 20152015/200
Section 813 August 20142014/210
Sections 10 to 221 September 20152015/200
Section 23 (in part)13 August 20142014/210
Section 23 (in so far as not already in force)10 February 20212020/405
Section 25 (in part)25 August 20202020/237
Section 25 (in so far as not already in force)10 February 20212020/405
Section 26 (in part)13 August 20142014/210
Section 26 (in part)25 November 20192019/283
Sections 27 to 2913 August 20142014/210
Section 30 (in so far as not already in force)1 July 20142014/117
Section 31(2) (in part)16 May 20142014/117
Section 31 (in so far as not already in force)1 July 20142014/117

Sections 1A, 3A to 3J, 9A to 9E, 27A, 29A and 29B were added to the 2014 Act by the Victims’ Rights (Scotland) Regulations 2015 (S.S.I. 2015/444) which came into force on 23 December 2015.

(2)

Section 9 was amended by paragraph 5(3) of the schedule of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3).

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