Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

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Computer Misuse Act 1990 (c. 18)

77 In subsection (7) of section 13 of the Computer Misuse Act 1990, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

78 In subsection (4) of section 20 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (destination of fine imposed for professional misconduct) for the words “section 203 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 211(5) of the Criminal Procedure (Scotland) Act 1995”.

The Northern Ireland (Emergency Provisions) Act 1991 (c. 24)

79 In section 50(2) of the Northern Ireland (Emergency Provisions) Act 1991 (realisable property, value and gifts), for paragraph (e) there shall be substituted the following paragraph—

“(e) Part II of the Proceeds of Crime (Scotland) Act 1995”.

Criminal Justice Act 1991 (c. 53)

80 (1) The Criminal Justice Act 1991 shall be amended as follows.

(2) In subsection (3) of section 24 (deduction of fines from income support)—

(a) in paragraph (a) for the words “section 196(2) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 211(4) of the Criminal Procedure (Scotland) Act 1995”;

(b) in paragraph (b) for the words “section 66 of the Criminal Justice (Scotland) Act 1980” there shall be substituted the words “section 252 of the Criminal Procedure (Scotland) Act 1995”; and

(c) in paragraph (c) for the words “section 403(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995”.

(3) In paragraph 6(5)(a)(i) of Schedule 3 (reciprocal enforcement of community service orders) for the words “evidence on oath” there shall be substituted the word “information”.

Dangerous Dogs Act 1991 (c. 65)

81 In subsection (9) of section 4 of the Dangerous Dogs Act 1991 (destruction and disqualification orders)—

(a) for the words “section 411 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 221 of the Criminal Procedure (Scotland) Act 1995”; and

(b) for the words “Part II” there shall be substituted the words “Part XI”.

Social Security Administration Act 1992 (c. 5)

82 In subsection (7) of section 116 of the Social Security Administration Act 1992—

(a) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”; and

(b) for the words “section 331 of the said Act of 1975” there shall be substituted the words “section 136 of the said Act of 1995”.

Timeshare Act 1992 (c. 35)

83 In subsection (3) of section 11 of the Timeshare Act 1992 (prosecution time limit), for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.

Friendly Societies Act 1992 (c. 40)

84 In subsection (5) of section 107 of the Friendly Societies Act 1992 (prosecution time limit), for the words “section 331(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136(1) of the Criminal Procedure (Scotland) Act 1995”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

85 In subsection (6) of section 45A of the Trade Union and Labour Relations (Consolidation) Act 1992 (prosecution time limit), for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

86 (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

(2) Subject to any specific amendment under this paragraph, for the words “1975 Act” where they occur there shall be substituted the words “1995 Act”.

(3) In subsection (1) of section 5 (fine defaulters) for paragraph (a) there shall be substituted the following paragraph—

“(a) under section 219 of the 1995 Act (imprisonment for non-payment of fine) or, by virtue of that section, under section 207 of that Act (detention of young offenders);”.

(4) Section 6 (application of Part to young offenders etc) shall be amended as follows—

(a) in paragraph (a) for the words “section 207(2) or 415(2)” there shall be substituted the words “section 207(2)”;

(b) for the words “section 205” there shall be substituted the words “section 205(1) to (3)”;

(d) for the words “section 207(2)” there shall be substituted the words “section 207(2)”.

(5) In section 7 (children detained in solemn proceedings) for the words “section 206” where they occur there shall be substituted the words “section 208”.

(6) In section 11 (duration of licence)—

(a) in subsection (3), for the words “section 212A” there shall be substituted the words “section 209”; and

(b) in paragraph (b) of that subsection, for the words from “the” in the second place where it occurs to the end there shall be substituted— “there has elapsed—

(i) a period (reckoned from the date on which he was ordered to be returned to prison under or by virtue of subsection (2)(a) of that section) equal in length to the period between the date on which the new offence was committed and the date on which he would (but for his release) have served the original sentence in full; or

(ii) subject to subsection (4) below, a total period equal in length to the period for which he was so ordered to be returned to prison together with, so far as not concurrent with that period, any term of imprisonment to which he was sentenced in respect of the new offence,

whichever results in the later date.

(4) In subsection (3)(b) above, “the original sentence” and “the new offence” have the same meanings as in section 16 of this Act.”

(7) Section 14 (supervised release of short term prisoners) shall be amended as follows—

(a) in subsection (2)—

(i) for the words “section 212A(1)” there shall be substituted the words “section 209(1)”; and

(ii) for the words “section 212A(2) to (6)” there shall be substituted the words “section 209(3) to (7)”;

(b) in subsection (3) for the words “section 212A(2)” there shall be substituted the words “section 209(3)”; and

(8) In subsection (4) of section 15 (variation of supervised release order) for the words “section 212A(2)(b)” there shall be substituted the words “section 209(3)(b)”.

(9) In section 16 (commission of offence by released prisoner)—

(a) in subsection (6), for the words “section 254(3) or 453C(1)” there shall be substituted the words “section 118(4) or 189(1) and (2)”; and

(b) for subsection (7) there shall be substituted the following subsection—

“(7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence—

(a) the making of the order shall have the effect of revoking the licence; and

(b) if the sentence comprising—

(i) the period for which the person is ordered to be returned to prison; and

(ii) so far as not concurrent with that period, any term of imprisonment to which he is sentenced in respect of the new offence,

is six months or more but less than four years, section 1(1) of this Act shall apply in respect of that sentence as if for the word “unconditionally” there were substituted the words “on licence”.”

(10) In subsection (1) of section 27 (interpretation of Part I), for the words “section 212A” where they occur there shall be substituted the words “section 209”.

(11) In section 46 (interpretation) the definition of “the 1975 Act” shall cease to have effect and at the end there shall be inserted the following definition—

““the 1995 Act” means the Criminal Procedure (Scotland) Act 1995”.

Agriculture Act 1993 (c. 37)

87 In subsection (5) of section 52 of the Agriculture Act 1993 (prosecution time limit) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.

Railways Act 1993 (c. 43)

88 In subsection (5) of section 148 of the Railways Act 1993 (prosecution time limit) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.

Finance Act 1994 (c. 9)

89 (1) The Finance Act 1994 shall be amended as follows.

(2) In subsection (2) of section 22 (records and rules of evidence), in paragraph (d) for the words “Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993” there shall be substituted the words “Schedule 8 to the Criminal Procedure (Scotland) Act 1995”.

(3) In subsection (3) of section 25 (order for production of documents), for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 308 of the Criminal Procedure (Scotland) Act 1995”.

(4) In Schedule 7 (insurance premium tax)—

(a) in paragraph 1(6)(d), for the words “Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993” there shall be substituted the words “Schedule 8 to the Criminal Procedure (Scotland) Act 1995”; and

(b) in paragraph 4(2), for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 308 of the Criminal Procedure (Scotland) Act 1995”.

Vehicle Excise and Registration Act 1994 (c. 22)

90 (1) The Vehicle Excise and Registration Act 1994 shall be amended as follows.

(2) In subsection (1) of section 32 (effect of certain orders) for paragraph (b) there shall be substituted the following paragraph—

“(b) or an order under section 228 of the Criminal Procedure (Scotland) Act 1995 placing him on probation or under 246(3) of that Act discharging him absolutely, or”.

(3) In subsection (1) of section 41 (effect of certain orders) for paragraph (b) there shall be substituted the following paragraph—

“(b) or an order under section 228 of the Criminal Procedure (Scotland) Act 1995 placing him on probation or under 246(2) or (3) of that Act discharging him absolutely, or”.

(4) In subsection (4) of section 48 (time limit for proceedings) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.

Value Added Tax Act 1994 (c. 23)

91 In Schedule 11 of the Value Added Tax Act 1994—

(a) in paragraph 10(3) (power of entry and search) for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 308 of the Criminal Procedure (Scotland) Act 1995”; and

(b) in paragraph 11(1) (access to certain information) for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 308 of the Criminal Procedure (Scotland) Act 1995”.

Trade Marks Act 1994 (c. 26)

92 (1) The Trade Marks Act 1994 shall be amended as follows.

(2) In subsection (1) of section 96 (prosecution time limit) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.

(3) In section 98 (forfeiture)—

(a) in subsection (2) for the words “section 310 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 134 of the Criminal Procedure (Scotland) Act 1995”;

(b) in subsection (6) for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”;

(c) in subsection (9) for the words “section 452(4)(a) to (e) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995”; and

(d) in subsection (11) for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”.

Criminal Justice and Public Order Act 1994 (c. 33)

93 (1) The Criminal Justice and Public Order Act 1994 shall be amended as follows.

(2) In subsection (5) of section 25 (restriction on bail) in the definition of “the relevant enactments”, for paragraph (b) there shall be substituted the following paragraph—

“(b) as respects Scotland, sections 205(1) to (3) and 208 of the Criminal Procedure (Scotland) Act 1995;”.

(3) In section 102 (provision of prisoner escorts)—

(a) in paragraph (b) of subsection (3), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”; and

(b) in subsection (6)—

(i) in the definition of “hospital order”, for the words “section 174, 174A, 175, 375A or 376 of the Act of 1975” there shall be substituted the words “section 53, 54 or 58 of the Act of 1995”; and

(ii) in the definition of “warrant”, for the words “Act of 1975” there shall be substituted the words “Act of 1995”.

(4) In subsection (4) of section 104 (powers and duties of prison custody officers), for the words “section 395(2) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 212 of the Criminal Procedure (Scotland) Act 1995”.

(5) In subsection (1) of section 117 (interpretation of Chapter), in the definition of “prisoner” for the words “section 215 or 426 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 295 of the Criminal Procedure (Scotland) Act 1995”.

(6) In section 138 (which supplements section 137 relating to cross-border powers of arrest)—

(a) in subsection (2), for the words from “subsections (2) to (7)” to “1993” there shall be substituted the words “subsections (2) to (8) of section 14 (detention and questioning at police station), subsections (1), (2) and (4) to (6) of section 15 (rights of person arrested or detained) and section 18 (prints, samples etc. in criminal investigations) of the Criminal Procedure (Scotland) Act 1995”;

(b) in subsection (6)—

(i) for the words “sections 2 and 3 of the Criminal Justice (Scotland) Act 1980” there shall be substituted the words “sections 14 and 15 of the said Act of 1995”;

(ii) in paragraph (a), for the words “in section 2” there shall be substituted the words “in section 14” and for the words “in subsections (4) and (7)” there shall be substituted the words “in subsections (6) and (9)”; and

(iii) in paragraph (b), for the words “in section 3(1)” there shall be substituted the words “in subsections (1) and (2) of section 15”.

The Drug Trafficking Act 1994 (c. 37)

94 (1) The Drug Trafficking Act 1994 shall be amended as follows.

(2) In subsection (7) of section 4 (assessing the proceeds of drug trafficking), for paragraphs (b) and (c) there shall be substituted the following—

“(b) the Proceeds of Crime (Scotland) Act 1995;”.

(3) In subsection (3) of section 6 (meaning of realisable property) for paragraph (e) there shall be substituted the following—

“(e) Part II of the Proceeds of Crime (Scotland) Act 1995 (forfeiture of property used in crime);”

(4) In subsection (2) of section 18 (compensation) for sub-paragraph (ii) of paragraph (b) there shall be substituted the following—

“(ii) an order of the Court of Session under section 32, 33, 34 or 35 of the Proceeds of Crime (Scotland) Act 1995 (recognition and enforcement of orders under this Act and inhibition and arrestment of property affected by restraint orders);”.

(5) In subsection (10) of section 26 (restraint orders) for the words from “Part I” to the end of the subsection there shall be substituted the words “the Proceeds of Crime (Scotland) Act 1995, and in relation to such an order “realisable property” has the same meaning as in that Act”.

(6) In section 37 (recognition and enforcement of certain Scottish orders and functions)—

(a) in subsection (1)—

(i) after the words “expedient for the purpose” there shall be inserted the words “in connection with a drug trafficking offence within the meaning of the Proceeds of Crime (Scotland) Act 1995”;

(ii) in paragraph (a) for the words “Part I of the Criminal Justice (Scotland) Act 1987” there shall be substituted the words “that Act”;

(iii) in each of paragraphs (a) and (b) where they occur, the words “that Part of” shall cease to have effect;

(b) in subsection (2)—

(i) in paragraph (a), in sub-paragraph (i) for the words “section 13 of the Criminal Justice (Scotland) Act 1987” there shall be substituted the words “Schedule 1 to the Proceeds of Crime (Scotland) Act 1995” and in sub-paragraph (ii) the words “Part I of” shall cease to have effect;

(ii) in each of paragraphs (b) and (c) where they occur, the words “that Part of” shall cease to have effect.

(7) In subsection (2) of section 48 (interpretation of Part II), in paragraph (a) for the words “Part I of the Criminal Justice (Scotland) Act 1987” there shall be substituted the words “the Proceeds of Crime (Scotland) Act 1995”.

Local Government etc. (Scotland) Act 1994 (c. 39)

95 (1) The Local Government etc. (Scotland) Act 1994 shall be amended as follows.

(2) In subsection (1) of section 127 (the Principal Reporter), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”.

(3) In each of subsections (3) and (8) of section 128 (Scottish Children’s Reporter Administration), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”.

(4) In subsection (1) of section 130 (annual report of Principal Reporter), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”.

Deregulation and Contracting Out Act 1994 (c. 40)

96 In subsection (2) of section 2 of the Deregulation and Contracting Out Act 1994, for paragraph (b) there shall be substituted the following paragraph—

“(b) section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995,”.

Children (Scotland) Act 1995 (c. 36)

97 (1) The Children (Scotland) Act 1995 shall be amended as follows.

(2) In subsection (2) of section 45 (attendance of child etc. at hearing), in paragraph (a) for the words “Schedule 1 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Schedule 1 of the Criminal Procedure (Scotland) Act 1995”.

(3) In section 50 (treatment of child’s case on remission by court)—

(a) in subsection (1), for the words “section 173, 372 or 373 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted “section 49 of the Criminal Procedure (Scotland) Act 1995”; and

(b) in subsection (2), for the words “the said section 373” there shall be substituted “subsection (7) of the said section 49”.

(4) In subsection (2) of section 52 (children requiring compulsory supervision)—

(a) in paragraph (d) for the words “Schedule 1 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Schedule 1 of the Criminal Procedure (Scotland) Act 1995”; and

(b) in paragraph (g), for the words “sections 2A to 2C of the Sexual Offences (Scotland) Act 1976” there shall be substituted “sections 1 to 3 of the Criminal Law (Consolidation)(Scotland) Act 1995”.

(5) In subsection (7) of section 53 (information for Principal Reporter) for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307 of the Criminal Procedure (Scotland) Act 1995”.

(6) In section 63(1) (duty of Principal Reporter where informed by constable of detention of a child) for the words “section 296(3) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted “section 43(5) of the Criminal Procedure (Scotland) Act 1995”.

(7) In section 78 (powers of arrest)—

(a) in subsection (8), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”;

(b) in subsection (11), for the words “section 10 of the Bail etc, (Scotland) Act 1980” there shall be substituted the words “section 8 of the said Act of 1995”; and

(c) in subsection (12), for the words “Subsections (1) and (3) of section 3 of the Criminal Justice (Scotland) Act 1980” there shall be substituted the words “Subsections (1), (2) and (4) of section 15 of the said Act of 1995”.

Pensions Act 1995 (c. 26)

98 In subsection (5) of section 100 of the Pensions Act 1995 (warrants) for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “Criminal Procedure (Scotland) Act 1995”.

Note

99 The amendments made by this Schedule to—

(a) the [1968 c. 77.] Sea Fisheries Act 1968;

(b) the [1976 c. 14.] Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976; and

are in substitution for amendments made to those enactments by section 56 of and Schedule 7 to the [1988 c. 33.] Criminal Justice Act 1988 which are repealed by this Act.