The Criminal Justice (Scotland) Act 1987 (Commencement No.3) Order 1987

Statutory Instruments

1987 No. 2119 (C.67) (S.143)

CRIMINAL LAW, SCOTLAND

The Criminal Justice (Scotland) Act 1987 (Commencement No.3) Order 1987

Made

7th December 1987

The Secretary of State, in exercise of the powers conferred on him by section 72(2) of the Criminal Justice (Scotland) Act 1987( (1)) (“the Act”) and of all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the Criminal Justice (Scotland) Act 1987 (Commencement No. 3) Order 1987.

2.  The provisions of the Act referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 1st January 1988.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

New St Andrew’s House,

Edinburgh

7th December 1987

Article 2

SCHEDULE PROVISIONS OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 COMING INTO FORCE ON 1ST JANUARY 1988

Column 1	Column 2
Provisions of the Act	Subject matter of Provisions
Sections 51 to 55	Investigation of serious or complex fraud.
Section 56	Conditional offer of fixed penalty by procurator fiscal.
Section 58	Sentencing power of sheriff in solemn procedure.
Section 61	Evidence on commission.
Section 62	Ordaining to appear.
Section 63	Power to permit witness to be in court during trial.
Section 65	Compensation requirement in probation order.
Section 68	Suspension of disqualification, forfeiture etc.
Section 70 to the extent necessary to give effect to the provisions of Schedules 1 and 2 specified below.	Amendments and repeals.
In Schedule 1, paragraphs 7 to 9 and 10(a)	Minor and consequential amendments to the Criminal Procedure (Scotland) Act 1975(2).
Schedule 2, to the extent specified in the Appendix hereto.	Repeals

APPENDIX REPEALS IN SCHEDULE 2 TO THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 TAKING EFFECT ON 1st JANUARY 1988

Chapter	Short Title	Extent of Repeal
1972 c. 20	The Road Traffic Act 1972	In Schedule 4, Part I in the entry relating to Section 1, the words “or, in the case of a conviction by a court in Scotland other than the High Court of Justiciary, 2 years.”.
1975 c. 21	The Criminal Procedure (Scotland) Act 1975	Section 300(5).
1976 c. 67	The Sexual Offences (Scotland Act 1976	In section 2D(5), in paragraph (a) the words “in the High Court of Justiciary”; and prargraph (b).
1978 c. 49	The Community Service by Offenders (Scotland) Act 1978	In section 7, paragraph (c).

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st January 1988 the provisions of the Criminal Justice (Scotland) Act 1987 which are referred to in column 1 of the Schedule to the Order.

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:—

Provisions	Date of commencement	S.I. No.
Sections 57, 70 (partially), Schedule 1 (partially) and Schedule 2 (partially)	1.9.87	1987/1468
Sections 48, 49, 60, 64, 69 and 70 (partially), Schedule 1 (partially) and Schedule 2 (partially)	1.10.87	1987/1594

(1)

1987 c. 41

(2)

1975 c. 21