Statutory Instrument 1996 No. 517 (C.10) (S.51)

The Criminal Justice (Scotland) Act 1995 (Commencement No.2, Transitional Provisions and Savings) Order 1996

---

© Crown Copyright 1996

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Criminal Justice (Scotland) Act 1995 (Commencement No.2, Transitional Provisions and Savings) Order 1996, ISBN 0110552946. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1996 No. 517 (C.10) (S.51)

CRIMINAL LAW, SCOTLAND

The Criminal Justice (Scotland) Act 1995 (Commencement No.2, Transitional Provisions and Savings) Order 1996

The Secretary of State, in exercise of the powers conferred upon him by section 118(2) and (3) of the Criminal Justice (Scotland) Act 1995^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation
    1.    This Order may be cited as the Criminal Justice (Scotland) Act 1995 (Commencement No.2, Transitional Provisions and Savings) Order 1996.

    2.    —(1)  In this Order—
"the Act" means the Criminal Justice (Scotland) Act 1995,

and, unless the context otherwise requires, any reference in this Order to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Act and, in article 5 of, and Schedule 2 to, this Order, includes a reference to any related repeal in Schedule 7 to the Act.
    (2)  For the purposes of this Order, criminal proceedings are commenced—
 (a) in summary proceedings, on the date of the first calling of the case; and
 (b) in solemn proceedings, on the date on whichever of the following first occurs:—
 (i) the grant of a warrant to arrest and commit;
 (ii) the intimation of a petition;
 (iii) the service of an indictment.

Commencement of provisions
    3.—(1)  The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall come into force on 5th March 1996 but only for the purpose of enabling subordinate legislation to be made under the provisions specified in column 2 of that Schedule so as to come into force on or after 31st March 1996.

    (2)  Subject to the provisions of articles 4 to 6 of, and Schedule 2 to, this Order, all the provisions of the Act, except section 66, shall come into force on 31st March 1996 insofar as they are not then in force.

Transitional provisions and savings
    4.    The provisions of the Act specified in column 1 of Schedule 2 shall apply only in the cases, and in relation to the persons or matters, specified in column 2 of that Schedule.

    5.    Nothing in section 40, 54 or 113(3), Schedule 5 or paragraph 10 of Schedule 6 shall affect the powers of a court in relation to an offence committed before 31st March 1996.

    6.    Section 68 shall not apply in respect of the discharge of a debtor under section 54 of the Bankruptcy (Scotland) Act 1985^[2] before 31st March 1996.

James Douglas-Hamilton

Minister of State, Scottish Office
St Andrew's House, Edinburgh

1st March 1996

[1] 1995 c. 20. back

[2] 1985 c. 66. back

Explanatory Note