Statutory Instrument 1995 No. 3326 (C.77) (S.246)

The Local Government etc. (Scotland) Act 1994 (Commencement No.6 and Saving) Order 1995

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1995 No. 3326 (C.77) (S.246)

LOCAL GOVERNMENT, SCOTLAND

PRISONS

The Local Government etc. (Scotland) Act 1994 (Commencement No.6 and Saving) Order 1995

The Secretary of State, in exercise of the powers conferred on him by section 184(2) and (3) of the Local Government etc. (Scotland) Act 1994^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation
    1.—(1)  This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.6 and Saving) Order 1995.

    (2)  In this Order—
"the Act" means the Local Government etc. (Scotland) Act 1994.

Days appointed
    2.    Subject to article 4 below, 22nd December 1995 is the day appointed for the coming into force of the following provisions of the Act:—
 (a) section 180(1), so far as it relates to the provision in Schedule 13 to the Act specified in paragraph (b) below;
 (b) in Schedule 13 to the Act, paragraph 162(1) and (2).

    3.    1st April 1996 is the day appointed for the coming into force of the following provisions of the Act:—
 (a) section 180, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (b) and (c) below;
 (b) in Schedule 13 to the Act, paragraph 162(3) and (4); and
 (c) the repeals in Schedule 14 to the Act specified in the Schedule to this Order.

Saving
    4.    Notwithstanding article 2 above, until 1st April 1996 paragraph 162(2) of Schedule 13 to the Act shall not apply in relation to any visiting committee constituted before 22nd December 1995 by rules made under section 39, as read with section 8(1), of the Prisons (Scotland) Act 1989^[2].

George Kynoch

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

15th December 1995

[1] 1994 c. 39. back

[2] 1989 c. 45; section 39 was amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7 and by the Criminal Justice and Public Order Act 1994 (c. 33), sections 116(4) and 130(4); section 39 is to be read with sections 8(1) and (2), 11(1), 12 (as amended by the 1993 Act, Schedule 5, paragraph 6(2)), 14(1) (as amended by the 1993 Act, Schedule 5, paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any "existing prisoner" within the meaning specified in paragraph 1 of Schedule 6) and 41; section 39 was extended by the Courts-Martial (Appeals) Act 1968 (c. 20), section 52 (as amended by the 1989 Act, Schedule 2, Paragraph 10). back

Explanatory Note