Coronavirus (Recovery and Reform) (Scotland) Act 2022
(101) (1) In Chapters 3 and 4, any reference to a notice being given to a person providing, or seeking to provide, a care service is to be construed as a reference to its being— (a) delivered, where the person is— (i) an individual, to that individual, (ii) a body corporate, to a director, secretary or other similar officer of that body or to a manager (or other similar officer) of the care service provided by that body, (iii) a firm, to a partner of that firm, (b) sent by post, properly addressed to the person— (i) by a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or (ii) by a postal service which provides for the delivery of the document to be recorded, or (c) transmitted to the person electronically. (2) In subsection (1)(a)(ii), “manager”, in relation to a care service provided by a body corporate, means the manager whose name is entered in the register maintained under regulation 5 of the Social Care and Social Work Improvement Scotland (Registration) Regulations 2011 (S.S.I. 2011/28) in relation to the care service. (3) For the purpose of subsection (1)(b)— (a) a letter is properly addressed to— (i) a body corporate, if addressed to the body at its registered or principal office, (ii) a firm, if addressed to the firm at its principal office, (iii) any other person, if addressed to the person at the address last known, (b) a notice sent by post is to be taken to have been received on the third day after the day of posting unless the contrary is shown. (4) For the purpose of subsection (1)(c)— (a) electronic transmission of a notice must be effected in a way that the person has indicated to SCSWIS that the person is willing to receive the notice, (b) the person’s willingness to receive a notice in a particular way may be— (i) specific to the notice in question or generally applicable to notices or other documents of that kind, (ii) expressed specifically to SCSWIS or generally (for example on a website), (iii) inferred from the person having previously been willing to receive notices or other documents from SCSWIS in that way and not having indicated an unwillingness to do so again, (c) SCSWIS’ uploading of a notice to an electronic storage system from which the person is able to download the notice may constitute electronic transmission of the notice from SCSWIS to the person, where the person is sent a notification that the notice has been uploaded in that way, (d) a notice transmitted electronically is to be taken to have been received on the day of transmission unless the contrary is shown.
.
Requirements of writing
Disapplication of physical presence requirements
39
- (1) The Requirements of Writing (Scotland) Act 1995 is modified as follows.
- (2) In section 9(6) (subscription on behalf of blind granter or granter unable to write), after “this Act” insert “(other than section 10A)”.
- (3) After section 10 insert—
(10A) (1) The following requirements (however expressed) do not apply— (a) a requirement for a relevant person to be physically in the same place as another person when that person— (i) signs or subscribes a document or an alteration of a document, (ii) takes an oath, or (iii) makes an affirmation or declaration, (b) a requirement for another person to be physically in the same place as a relevant person when the relevant person signs or subscribes a document or an alteration of a document. (2) In this section— - “relevant person” means— a solicitor, an advocate, a notary public, - “requirement” means a requirement arising from an enactment or rule of law. (3) For the avoidance of doubt— (a) the requirements described by subsection (1)(a) include a requirement that may be fulfilled by the physical presence of a professional of a type not mentioned in the definition of “relevant person” as well as by a professional of a type that is (for example, it includes a requirement for the physical presence of a solicitor or a registered medical practitioner), but (b) subsection (1) only causes such a requirement not to apply in relation to a professional of a type that is mentioned in the definition of “relevant person.
.
Custody at police stations
Custody officers’ functions
40
- (1) The Criminal Justice and Public Order Act 1994 is modified by subsection (2).
- (2) In—
- (a) section 102(2) (arrangements for the provision of prisoner escorts), after paragraph (b) insert—
(ba) the custody of prisoners held in a police station and their production, by electronic means from the station, before a court;
,
- (b) section 104(4) (powers and duties of prisoner custody officers performing escort functions), for “on any premises” to “he” substitute “—
(a) on any premises in which a court of summary jurisdiction is sitting; or (b) in a police station and has the custody of a prisoner who is, from the station, before a court of summary jurisdiction by electronic means, the officer
.
- (3) The Police and Fire Reform (Scotland) Act 2012 is modified by subsection (4).
- (4) In schedule 2 (police custody and security officers: powers and duties), after paragraph 1(b) insert—
(ba) to have custody of persons held in legal custody in a police station for the purpose of effecting their production, by electronic means from the station, before a court,
.
- (5) The Criminal Justice (Scotland) Act 2016 is modified by subsection (6).
- (6) In section 64 (meaning of police custody), after subsection (2) insert—
(3) A person who is at a police station in the custody of a prisoner custody officer is not to be regarded as having been transferred into the custody of that officer for the purposes of subsection (2)(cb). (4) In subsection (3), “prisoner custody officer” has the meaning given in section 114(1) of the Criminal Justice and Public Order Act 1994.
.
- (7) The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is modified by subsection (8).
- (8) In section 2(5)(b) (mandatory inquiries), after “2016” insert “, or otherwise in custody at a police station”.
Parole Board for Scotland
Chairperson’s functions
41
- (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is modified as follows.
- (2) In schedule 2 (the Parole Board), after paragraph 2J insert—
(2K) (1) A function conferred on the chairperson of the Parole Board may be exercised by another member of the Parole Board in accordance with the scheme prepared under sub-paragraph (3). (2) Another member’s being authorised by the scheme to exercise one of the chairperson’s functions does not preclude the chairperson from exercising that function. (3) The chairperson must prepare a scheme that authorises another member, or members, to exercise the functions conferred on the chairperson. (4) The scheme— (a) must be framed so that a member is, or a combination of members are, authorised to discharge all of the chairperson’s functions in the following circumstances— (i) there is no chairperson, (ii) the chairperson is unable to exercise the functions for any reason (for example due to ill health), and (b) may be framed so that, outwith those circumstances, other members are authorised to discharge any, or all, of the chairperson’s functions either at any time or in circumstances specified by the scheme. (5) The chairperson may modify the scheme at any time. (6) The Parole Board must make the scheme publicly available. (7) Only the chairperson may prepare and modify the scheme; accordingly, the references to the chairperson’s functions elsewhere in this paragraph do not include the functions of preparing and modifying the scheme.
.
Children’s hearings
Members of children’s hearings
42
- (1) The Children’s Hearings (Scotland) Act 2011 is modified as follows.
- (2) In section 6(3) (selection of members of children's hearing), at the beginning of paragraph (a), insert “so far as practicable,”.
Part 4 — Tenancies
Removal of mandatory eviction grounds
Private residential tenancies: discretionary eviction grounds
43
- (1) The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows.
- (2) In section 51(2) (First-tier Tribunal’s power to issue an eviction order), the words “or must” are repealed.
- (3) In schedule 3 (eviction grounds)—
- (a) in paragraph 1(2) (landlord intends to sell)—
- (i) in the opening words, for “must” substitute “may”,
- (ii) after paragraph (a), the word “and” is repealed,
- (iii) after paragraph (b) insert “, and
(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
,
- (b) in paragraph 2(2) (property to be sold by lender)—
- (i) in the opening words, for “must” substitute “may”,
- (ii) after paragraph (b), the word “and” is repealed,
- (iii) after paragraph (c) insert “, and
(d) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
,
- (c) in paragraph 3(2) (landlord intends to refurbish)—
- (i) in the opening words, for “must” substitute “may”,
- (ii) after paragraph (b), the word “and” is repealed,
- (iii) after paragraph (c) insert “, and
(d) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
,
- (d) in paragraph 4(2) (landlord intends to live in property)—
- (i) for “must” substitute “may”,
- (ii) the words from “the landlord” to “3 months” become paragraph (a),
- (iii) after paragraph (a) insert “, and
(b) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.
,
- (e) in paragraph 6(2) (landlord intends to use for non-residential purpose)—
- (i) for “must” substitute “may”,
- (ii) the words from “the landlord” to “home” become paragraph (a),
- (iii) after paragraph (a) insert “, and
(b) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact.
,
- (f) in paragraph 7(2) (property required for religious purpose)—
- (i) in the opening words, for “must” substitute “may”,
- (ii) after paragraph (b), the word “and” is repealed,
- (iii) after paragraph (c) insert “, and
(d) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
,
- (g) in paragraph 8 (not an employee)—
- (i) in the opening words of sub-paragraph (2), for “must” substitute “may”,
- (ii) for sub-paragraph (2)(c) substitute—
(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
,
- (iii) sub-paragraph (3) is repealed,
- (iv) in sub-paragraph (4), for “sub-paragraphs (2) and (3)” substitute “sub-paragraph (2)”,
- (h) in paragraph 10(2) (not occupying let property)—
- (i) in the opening words, for “must” substitute “may”,
- (ii) after paragraph (a), the word “and” is repealed,
- (iii) after paragraph (b) insert “, and
(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
,
- (i) in paragraph 12 (rent arrears), sub-paragraph (2) is repealed,
- (j) in paragraph 13(2) (criminal behaviour)—
- (i) in the opening words, for “must” substitute “may”,
- (ii) after paragraph (a), the word “and” is repealed,
- (iii) after paragraph (b) insert “, and
(c) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of those facts.
,
- (k) in paragraph 14(2) (anti-social behaviour), after paragraph (b), for “and” substitute—
(ba) the Tribunal is satisfied that it is reasonable to issue an eviction order on account of that fact, and
.
Assured tenancies: discretionary eviction grounds
44
- (1) The Housing (Scotland) Act 1988 is modified as follows.
- (2) In section 18 (orders for possession)—
- (a) subsections (3) and (3A) are repealed,
- (b) in subsection (4), for “Part II” substitute “Part I or II”,
- (c) in subsection (6)(a), the words “or Ground 8” are repealed,
- (d) in subsection (8), for “subsections (3A) and (4A)” substitute “subsection (4A)”.
- (3) In section 19 (notice of proceedings for possession), subsection (5) is repealed.
- (4) In section 20 (extended discretion of First-tier Tribunal in possession claims)—
- (a) in subsection (1), for “Subject to subsection (6) below, the” substitute “The”,
- (b) subsection (6) is repealed.
- (5) In section 33(1) (recovery of possession on termination of a short assured tenancy)—
- (a) in the opening words, for “shall” substitute “may”,
- (b) after paragraph (b), the word “and” is repealed,
- (c) after paragraph (d) insert “, and
(e) that it is reasonable to make an order for possession.
.
- (6) In schedule 5 (grounds for possession of houses let on assured tenancies)—
- (a) in Part I, Ground 8 is repealed,
- (b) the heading of Part I becomes “Certain grounds on which First-tier Tribunal may order possession”,
- (c) the heading of Part II becomes “Further grounds on which First-tier Tribunal may order possession”.
Tenancies under the Rent (Scotland) Act 1984: discretionary eviction grounds
45
- (1) The Rent (Scotland) Act 1984 is modified as follows.
- (2) In section 11 (grounds for possession of certain dwelling-houses)—
- (a) in subsection (1)(b), after “Part I” insert “or II”,
- (b) subsection (2) is repealed.
- (3) In section 12 (extended discretion of Tribunal)—
- (a) in subsection (1), the words “Subject to subsection (5) below,” are repealed,
- (b) in subsection (2), the words “, subject to subsection (5) below,” are repealed,
- (c) subsection (5) is repealed.
- (4) In section 14 (conditions applying to recovery of short tenancies)—
- (a) in subsection (1), after “Act” insert “provided the First-tier Tribunal considers it reasonable to allow such recovery”,
- (b) in subsection (3)—
- (i) the words from “a landlord” to “above,” become paragraph (a),
- (ii) after paragraph (a) insert “or
(b) the First-tier Tribunal does not consider it reasonable to allow recovery in accordance with the said Case 15,
,
- (iii) the words from “the tenancy shall” to “this subsection.” become the closing words.
- (5) In schedule 2 (grounds for possession for protected or statutory tenancies)—
- (a) the heading of Part I becomes “Certain cases in which First-tier Tribunal may order possession”,
- (b) the heading of Part II becomes “Further cases in which First-tier Tribunal may order possession”.
Pre-action protocol in respect of evictions relating to rent arrears
Private residential tenancies: pre-action protocol
46
- (1) The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows.
- (2) In paragraph 12 of schedule 3 (rent arrears)—
- (a) in sub-paragraph (4)—
- (i) the words from “whether the” to “benefit” become paragraph (a),
- (ii) after paragraph (a) insert “, and
(b) the extent to which the landlord has complied with the pre-action protocol prescribed by the Scottish Ministers in regulations.
,
- (b) after sub-paragraph (5) insert—
(6) Regulations under sub-paragraph (4)(b) may make provision about— (a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy), (b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy, (c) such other matters as the Scottish Ministers consider appropriate.
.
- (3) In section 77(3) (regulation-making powers), after “41” insert “and paragraph 12(4)(b) of schedule 3”.
Assured tenancies: pre-action protocol
47
- (1) The Housing (Scotland) Act 1988 is modified as follows.
- (2) In section 18 (orders for possession)—
- (a) in subsection (4A)—
- (i) the words from “the extent” to “universal credit” become paragraph (a),
- (ii) after paragraph (a) insert “, and
(b) the extent to which the landlord has complied with the pre-action protocol specified by the Scottish Ministers in regulations.
,
- (b) after subsection (8) insert—
(9) Regulations under subsection (4A)(b) may make provision about— (a) information which should be provided by a landlord to a tenant (including information about the terms of the tenancy, rent arrears and any other outstanding financial obligation under the tenancy), (b) steps which should be taken by a landlord with a view to seeking to agree arrangements with a tenant for payment of future rent, rent arrears and any other outstanding financial obligation under the tenancy, (c) such other matters as the Scottish Ministers consider appropriate. (10) Regulations under subsection (4A)(b) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
.
- (3) In section 53(2) (orders and regulations), after “above” insert “or regulations under section 18(4A)(b)”.
Saving and transitional provision
Tenancies: saving provision
48
- (1) In relation to a notice to leave (within the meaning of section 62 of the 2016 Act) served on a tenant before 1 October 2022—
- (a) the 2016 Act continues to apply in accordance with the modifications made by paragraph 1 of schedule 1 of the 2020 Act and paragraph 5 of schedule 1 of the 2020 (No.2) Act (despite those paragraphs’ expiry),
- (b) the 2020 Regulations continue to apply (despite regulation 1 of those Regulations and the expiry of paragraph 5 of schedule 1 of the 2020 (No.2) Act),
- (c) the modifications made to the 2016 Act by sections 33 and 36 of this Act do not apply.
- (2) In relation to a notice served on a tenant under section 19 or 33(1)(d) of the 1988 Act before 1 October 2022—
- (a) the 1988 Act continues to apply in accordance with the modifications made by paragraph 3 of schedule 1 of the 2020 Act and paragraph 4 of schedule 1 of the 2020 (No.2) Act (despite those paragraphs’ expiry),
- (b) the 2020 Regulations continue to apply (despite regulation 1 of those Regulations and the expiry of paragraph 4 of schedule 1 of the 2020 (No.2) Act),
- (c) the modifications made to the 1988 Act by sections 34 and 37 of this Act do not apply.
- (3) In relation to a notice served on a tenant in accordance with section 112(1) of the 1984 Act before 1 October 2022—
- (a) the 1984 Act continues to apply in accordance with the modifications made by paragraph 5 of schedule 1 of the 2020 Act (despite that paragraph’s expiry),
- (b) the modifications made to the 1984 Act by section 35 of this Act do not apply.
- (4) In this section—
- “the 1984 Act” means the Rent (Scotland) Act 1984,
- “the 1988 Act” means the Housing (Scotland) Act 1988,
- “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
- “the 2020 Act” means the Coronavirus (Scotland) Act 2020,
- “the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,
- “the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).
Tenancies: transitional provision
49
- (1) The 2020 Regulations continue in force (despite regulation 1 of those Regulations and the expiry of paragraphs 4 and 5 of schedule 1 of the 2020 (No.2) Act).
- (2) They are deemed to have been made under the powers conferred by section 18(4A)(b) of the 1988 Act and paragraph 12(4)(b) of schedule 3 of the 2016 Act.
- (3) In the 2020 Regulations—
- (a) references to the pre-action requirements are to be read as references to the pre-action protocol,
- (b) the reference in regulation 3 to section 18(3C) is to be read as a reference to section 18(4A)(b),
- (c) the reference in regulation 4 to paragraph 12(3B) is to be read as a reference to paragraph 12(4)(b).
- (4) Nothing in this section affects the 2020 Regulations insofar as they continue to apply by virtue of section 48.
- (5) In this section—
- “the 1988 Act” means the Housing (Scotland) Act 1988,
- “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,
- “the 2020 (No.2) Act” means the Coronavirus (Scotland) (No.2) Act 2020,
- “the 2020 Regulations” means the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/304).
Part 5 — Temporary justice measures
Temporary provisions
The measures
50
The schedule contains temporary modifications to the law.
Power to suspend and revive
51
- (1) The Scottish Ministers may by regulations—
- (a) suspend the operation of any provision in the schedule,
- (b) revive the operation of a provision so suspended.
- (2) Sections 15 to 17 of the Interpretation and Legislative Reform (Scotland) Act 2010 (effect of repeals) apply to the suspension of a provision by regulations under subsection (1)(a) as if the provision had been repealed by an Act.
- (3) The powers in subsection (1) may be exercised more than once in relation to the same provision.
Expiry
52
- (1) The temporary modifications to the law in the schedule expire at the end of 30 November 2025.
- (2) Subsection (1) is subject to the power to bring expiry forward under section 53.
- (3) The Scottish Ministers—
- (a) may by regulations modify subsection (1) so that it specifies a date one year later than the date for the time being specified, but
- (b) may not, by virtue of this subsection, modify subsection (1) so that it specifies a date later than 30 November 2025.
- (4) Ahead of any provision in the schedule expiring by virtue of subsection (1), the Scottish Ministers must carry out a review of its operation in order to decide whether the date of its expiry should be put back by virtue of subsection (3).
- (5) Subsection (4) does not apply if the date specified in subsection (1) is 30 November 2025.
- (6) In carrying out a review under subsection (4), the Scottish Ministers must consult any person they consider appropriate.
- (7) At the same time as laying a draft Scottish statutory instrument containing regulations under subsection (3) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (instruments subject to the affirmative procedure), the Scottish Ministers must lay before the Parliament a statement summarising—
- (a) their reasons for proposing that the regulations be made,
- (b) the findings of the latest review carried out under subsection (4),
- (c) what consultation they undertook in carrying out that review.
Power to bring expiry forward
53
The Scottish Ministers may by regulations provide that any provision in the schedule—
- (a) does not expire at the time when it would otherwise expire (whether by virtue of section 52 or previous regulations under this section), and
- (b) expires instead at such earlier time as is specified in the regulations.
Regulations under this Part
54
- (1) A power to make regulations conferred by this Part includes the power to make different provision for different purposes.
- (3) Regulations under section 52 are subject to the affirmative procedure.
Supporting provisions
Criminal procedure time limits: consequential modifications
55
- (1) The Criminal Procedure (Scotland) Act 1995 is modified as follows.
- (2) In section 52T(4) (prevention of delay in trials: assessment orders and treatment orders)—
- (a) in paragraph (a), for “the total periods of 80 days, 110 days and 140 days” substitute “any period”,
- (b) in paragraph (b), the word “total” is repealed,
- (c) in paragraph (c)—
- (i) for “total of 40 days” substitute “period”,
- (ii) before “section” insert “subsection (1) of”.
- (3) In section 65 (solemn proceedings: prevention of delay in trials)—
- (a) in subsection (3), for “either or both of the periods of 11 and 12 months”, in both places where it occurs, substitute “any period”,
- (b) in subsection (10)—
- (i) for “the periods of 11 and 12 months specified in subsections (1) and (3) above” substitute “any period specified in subsection (1) (including any such period as extended)”,
- (ii) for “detained” substitute “in lawful custody”,
- (iii) the words from “in any prison” to the end of the subsection are repealed.
- (4) In section 71B (first diet: appointment of trial date)—
- (a) in subsection (3)—
- (i) for “12 month period”, in both places where it occurs, substitute “period specified in section 65(1)(b)”,
- (ii) for “140 day period” substitute “period specified in section 65(4)(b)(ii)”,
- (b) in subsection (4), for “12 month period” substitute “period specified in section 65(1)(b)”,
- (c) in subsection (5)—
- (i) for “140 day period” substitute “period specified in section 65(4)(b)(ii)”,
- (ii) for “12 month period”, in both places where it occurs, substitute “period specified in section 65(1)(b)”,
- (d) in subsection (6)—
- (i) for “140 day period”, in both places where it occurs, substitute “period specified in section 65(4)(b)(ii)”,
- (ii) for “12 month period” substitute “period specified in section 65(1)(b)”,
- (e) in subsection (7)—
- (i) for “140 day period” substitute “period specified in section 65(4)(b)(ii)”,
- (ii) for “12 month period”, in both places where it occurs, substitute “period specified in section 65(1)(b)”,
- (f) for subsection (10) substitute—
(10) In this section a reference to the period specified in section 65(1)(b) or section 65(4)(b)(ii) is to be construed as including that period as extended.
.
- (5) In section 72A (preliminary hearing: appointment of trial diet)—
- (a) in subsection (3)—
- (i) for “12 month period”, in both places where it occurs, substitute “period specified in section 65(1)(b)”,
- (ii) for “140 day period” substitute “period specified in section 65(4)(aa)(ii)”,
- (b) in subsection (4), for “12 month period” substitute “period specified in section 65(1)(b)”,
- (c) in subsection (5)—
- (i) for “140 day period” substitute “period specified in section 65(4)(aa)(ii)”,
- (ii) for “12 month period”, in both places where it occurs, substitute “period specified in section 65(1)(b)”,
- (d) in subsection (6)—
- (i) for “140 day period”, in both places where it occurs, substitute “period specified in section 65(4)(aa)(ii)”,
- (ii) for “12 month period” substitute “period specified in section 65(1)(b)”,
- (e) in subsection (7)—
- (i) for “140 day period” substitute “period specified in section 65(4)(aa)(ii)”,
- (ii) for “12 month period”, in both places where it occurs, substitute “period specified in section 65(1)(b)”,
- (f) for subsection (10) substitute—
(10) In this section a reference to the period specified in section 65(1)(b) or section 65(4)(aa)(ii) is to be construed as including that period as extended.
.
Criminal procedure time limits: transitional and saving provision
56
- (1) In relation to solemn proceedings in which the accused’s first appearance on petition was before 1 October 2022—
- (a) sections 52T and 65 of the 1995 Act continue to apply in accordance with the modifications made by paragraph 10(2) and (3) of schedule 4 of the 2020 Act (despite that paragraph’s expiry),
- (b) the modifications made to the 1995 Act by the following provisions of this Act do not apply—
- (i) section 55(3)(b),
- (ii) paragraph 20 of the schedule,
- (iii) paragraph 22(2) of the schedule.
- (2) In relation to summary proceedings in which the complaint is brought in court before 1 October 2022—
- (a) section 147 of the 1995 Act continues to apply in accordance with the modifications made by paragraph 10(5) of schedule 4 of the 2020 Act (despite that paragraph’s expiry),
- (b) the modification made to section 147 of the 1995 Act by paragraph 22(3) of the schedule of this Act does not apply.
- (3) In this section—
- “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,
- “the 2020 Act” means the Coronavirus (Scotland) Act 2020.
Effect of early release from prison or young offenders institution by virtue of regulations
57
- (1) A person described in the first column of the table below who is released from custody by virtue of regulations under paragraph 25 of the schedule, or paragraph 19(1) of schedule 4 of the Coronavirus (Scotland) Act 2020, is deemed to have been released by virtue of the provision of the 1993 Act mentioned in the corresponding entry in the second column.
| Status of person immediately before release | Provision of the 1993 Act by virtue of which the person is deemed to have been released |
|---|---|
| A short-term prisoner | section 1(1) |
| A long-term prisoner | section 1(3) |
| A person serving a term of imprisonment or detention imposed on a basis mentioned in section 5(1)(a) or (b) of the 1993 Act (fine defaulters and persons in contempt of court) and who is, for any purpose, to be treated as a short-term prisoner by virtue of that section | section 1(1), construed as required by section 5(2) |
| A person serving a term of imprisonment or detention imposed on a basis mentioned in section 5(1)(a) or (b) of the 1993 Act and who is, for any purpose, to be treated as a long-term prisoner by virtue of that section | section 1(3), construed as required by section 5(2) |
| A person detained— a under section 208 of the Criminal Procedure (Scotland) Act 1995 (detention of children convicted on indictment), or b in pursuance of an order under section 7(3) of the 1993 Act (children detained in solemn proceedings) | section 7(2) |
- (2) In this section—
- (a) “1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993,
- (b) “short-term prisoner” and “long-term prisoner”—
- (i) have the meanings given in section 27(1) of the 1993 Act, and
- (ii) include a person treated, for any purpose, as a short-term prisoner or (as the case may be) a long-term prisoner by virtue of section 6(1)(a) or 16(5)(a) of the 1993 Act.
Part 6 — Final provisions
Ancillary provision
58
- (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.
- (2) Regulations under subsection (1) may—
- (a) modify any enactment (including this Act),
- (b) make different provision for different purposes.
- (3) Regulations under subsection (1)—
- (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,
- (b) otherwise, are subject to the negative procedure.
Commencement
59
- (1) The following provisions of this Act come into force on the days set out in the table below, with the day specified in the first column for the provision specified in the corresponding entry in the second column.
| Day | Provision |
|---|---|
| Day after Royal Assent | Sections 58, 59, and 60 |
| 1 September 2022 | Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 51 and 54 |
| 24 September 2022 | Sections 4 and 26 |
| 1 October 2022 | Sections 18, 19, 20, 21, 23, 24, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 55, 56 and 57, and the schedule |
| 1 November 2022 | Sections 22 and 42 |
- (2) In relation to section 25—
- (a) subsections (6) and (7) come into force—
- (i) on 1 September 2022 for the purposes of making regulations under sections 18 and 18B of the Registration of Births, Deaths and Marriages (Scotland) Act 1965,
- (ii) on 24 September 2022 for all other purposes, and
- (b) the remaining subsections come into force on 24 September 2022.
- (3) In relation to section 27—
- (a) subsections (2), (4) and (6) come into force—
- (i) on 1 September 2022 for the purposes of making regulations under sections 23, 25 and 28ZA of the Registration of Births, Deaths and Marriages (Scotland) Act 1965,
- (ii) on 24 September 2022 for all other purposes, and
- (b) the remaining subsections come into force on 24 September 2022.
- (4) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
- (5) Regulations under subsection (4) may—
- (a) include transitional, transitory or saving provision,
- (b) make different provision for different purposes.
Short title
60
The short title of this Act is the Coronavirus (Recovery and Reform) (Scotland) Act 2022.
Schedule
Part 1 — Courts and tribunals: conduct of business by electronic means etc.
Chapter 1 — Documents
Electronic signing
1
- (1) An electronic signature fulfils any requirement (however expressed and for whatever purpose) for the signing, intialling or signetting of—
- (a) a document of a type mentioned in paragraph 3(1), or
- (b) a deletion or correction to such a document.
- (2) In this paragraph, “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document.
Sending electronically and to a solicitor
2
- (1) Any requirement (however expressed) that a document of a type mentioned in paragraph 3(1) be given to a person may be fulfilled by—
- (a) transmitting it to the person electronically, or
- (b) transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.
- (2) For the purposes of this paragraph—
- (a) electronic transmission of a document by one person (“the sender”) to another person (“the recipient”) must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document,
- (b) the recipient’s indication of willingness to receive a document in a particular way may be—
- (i) specific to the document in question or generally applicable to documents of that kind,
- (ii) expressed specifically to the sender or generally (for example on a website),
- (iii) inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again,
- (c) the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document from the sender to the recipient.
- (3) In this paragraph, references to giving a person a document include—
- (a) serving a document on a person,
- (b) sending a document to a person, and
- (c) lodging a document with, or otherwise apply to or petitioning, a court or tribunal.
Documents to which paragraphs 1 and 2 apply
3
- (a) an order, warrant, sentence, citation, minute or any other document produced by a court or tribunal,
- (b) an extract of any document referred to in paragraph (a),
- (c) any document that an enactment requires be given to a person in connection with, or in order to initiate, proceedings,
- (d) any document that an enactment requires to be signed, initialled or signetted in order that it, or any other thing, may be used in proceedings for any purpose including—
- (i) being used as evidence, or
- (ii) being treated as sufficient evidence of a matter.
- (2) But a type of document mentioned in sub-paragraph (1) is not to be regarded as mentioned in that sub-paragraph for the purposes of paragraph 1 or 2 (or both) if—
- (a) the Lord President of the Court of Session, or
- (b) the Lord Justice General,
directs that it is not.
- (3) A direction under sub-paragraph (2) may—
- (a) relate to some or all proceedings,
- (b) vary or revoke an earlier direction under that sub-paragraph.
Intimation etc. on Scottish Courts and Tribunals Service website
4
- (1) Any requirement (however expressed) that a document—
- (a) be put on the walls, doors or any other part of a court building (whether internal or external), or
- (b) be made publicly available in any other way within a court building,
may be fulfilled instead by the document’s being made publicly available through the Scottish Courts and Tribunals Service website.
- (2) But sub-paragraph (1) does not apply to a document if it is of a type that—
- (a) the Lord President of the Court of Session, or
- (b) the Lord Justice General,
has directed that sub-paragraph (1) does not apply to.
- (3) Where a document is to be made publicly available through the Scottish Courts and Tribunals Service website by virtue of this paragraph, it is to so be made available in accordance with—
- (a) any direction issued by—
- (i) the Lord President of the Court of Session, or
- (ii) the Lord Justice General, and
- (b) (subject to any necessary modifications) any enactment about—
- (i) how a step mentioned in paragraph (a) or (b) of sub-paragraph (1) is to be taken in relation to the document, or
- (ii) the length of time for which the document is to be made publicly available in a way described by those paragraphs.
- (4) A direction under sub-paragraph (3)(a) may, in particular, provide that a document is to be made available only in a redacted form.
- (5) If an enactment provides for an alternative to taking a step mentioned in paragraph (a) or (b) of sub-paragraph (1) as a means of achieving an outcome (for example, advertising an application in a newspaper as a means of intimating it), nothing in this paragraph precludes the taking of that alternative step to achieve the outcome.
- (6) In this paragraph, “the Scottish Courts and Tribunals Service website” means the website maintained by, or on behalf of, the Service with the internet domain name scotcourts.gov.uk.
Interpretation of Chapter
5
In this Chapter—
- (a) references to a court or tribunal include an office holder of a court or tribunal,
- (b) “document” includes a copy of a document.
Chapter 2 — Attending a court or tribunal
Suspension of requirement for physical attendance in non-criminal proceedings, criminal trials and certain processes
6
- (1) This paragraph applies—
- (a) in relation to proceedings that are not criminal proceedings, and
- (b) in the context of criminal proceedings, only in relation to—
- (i) a hearing in which a person is to give evidence,
- (ii) proceedings in which the only party is a public official as defined in paragraph 9(3).
- (2) Any requirement (however expressed) that a person physically attend a court or tribunal does not apply, unless the court or tribunal directs the person to attend physically.
- (3) But sub-paragraph (2) does not apply in relation to a hearing in which a person is to give evidence.
- (4) In the case of a hearing in relation to which sub-paragraph (2) does not apply, the court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.
- (5) A court or tribunal may direct a person to physically attend under sub-paragraph (2) only if it considers that allowing the person to attend by electronic means would—
- (a) prejudice the fairness of the proceedings, or
- (b) otherwise be contrary to the interests of justice.
- (6) A court may disapply a requirement for a person’s physical attendance under sub-paragraph (4) only if it considers that allowing the person to attend by electronic means in accordance with paragraph 8 would not—
- (a) prejudice the fairness of the proceedings, or
- (b) otherwise be contrary to the interests of justice.
- (7) The power to issue a direction under both sub-paragraphs (2) and (4) includes the power to revoke an earlier direction under that sub-paragraph.
- (8) A court or tribunal may issue a direction under sub-paragraph (2) or (4) on the motion of a party or of its own accord.
- (9) In considering whether to issue a direction under sub-paragraph (2) or (4), the court or tribunal must—
- (a) give all parties an opportunity to make representations (subject to sub-paragraph (10)), and
- (b) have regard to any guidance issued by—
- (i) the Lord President of the Court of Session, or
- (ii) the Lord Justice General.
- (10) The first direction in relation to a hearing under sub-paragraph (2) or (4) may be issued by the court or (as the case may be) tribunal of its own accord without having given the parties an opportunity to make representations.
- (11) Where a direction under sub-paragraph (2) or (4) is issued in relation to a hearing as described in sub-paragraph (10), the court or (as the case may be tribunal) must—
- (a) take steps to ensure that the parties are aware of their right to make a motion for the revocation of the direction, and
- (b) deal with any motion for the direction’s revocation,
before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
- (12) References in this paragraph to physically attending a court or tribunal are to—
- (a) being in a particular place, or
- (b) being in the same place as another person,
for the purpose of any proceedings before a court or tribunal or an office holder of a court or tribunal.
Suspension of requirement for physical attendance in criminal proceedings, excluding trials and certain processes
7
- (1) This paragraph—
- (a) applies only in relation to criminal proceedings, but
- (b) does not apply in relation to—
- (i) a hearing in which a person is to give evidence, or
- (ii) proceedings in which the only party is a public official as defined in paragraph 9(3).
- (2) Any requirement (however expressed) that a person physically attend a court does not apply if—
- (a) a determination made by the Lord Justice General states that it does not, and
- (b) the court has not directed the person to physically attend.
- (3) A determination under sub-paragraph (2)(a)—
- (a) may, in particular, disapply a requirement for physical attendance—
- (i) in relation to persons or hearings described in the determination,
- (ii) by enabling a court to disapply it in circumstances specified in the determination,
- (b) may make different provision for different purposes and areas,
- (c) may vary or revoke an earlier determination made under the sub-paragraph,
- (d) must be made publicly available for so long as it has effect.
- (4) The Lord Justice General may make a determination under sub-paragraph (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by sub-paragraph (2)(b)), the Lord Justice General is satisfied that it would not—
- (a) prejudice the fairness of proceedings, or
- (b) otherwise be contrary to the interests of justice.
- (5) A direction under sub-paragraph (2)(b)—
- (a) may be made by a court on the motion of a party or of its own accord,
- (b) may revoke an earlier direction made under the sub-paragraph.
- (6) Where, by reason of a determination under sub-paragraph (2)(a), a person is to attend a court hearing by electronic means in accordance with paragraph 8, the court must—
- (a) take steps to ensure that the parties are aware of their right to make a motion for a direction under sub-paragraph (2)(b), and
- (b) deal with any motion for a direction under that sub-paragraph,
before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
- (7) References in this paragraph to physically attending a court are to be construed in accordance with paragraph 6(12).
Attending by electronic means
8
- (1) A person excused from a requirement to physically attend a court or tribunal by virtue of paragraph 6(2) or (4) or 7(2)(a) must instead appear before the court, tribunal or office holder (as the case may be) by electronic means in accordance with a direction issued by the court or tribunal.
- (2) A person who fails to do so is to be regarded as having failed to comply with the requirement to physically attend from which the person is excused.
- (3) The power under sub-paragraph (1) to issue a direction includes the power to vary or revoke an earlier direction issued under that sub-paragraph.
- (4) A direction under sub-paragraph (1)—
- (a) is to set out how the person is to appear by electronic means before the court, tribunal or office holder, and
- (b) may include any other provision which the court or tribunal considers appropriate.
- (5) A court or tribunal may issue a direction under sub-paragraph (1) on the motion of a party or of its own accord.
- (6) Before issuing a direction under sub-paragraph (1), the court or tribunal must—
- (a) give all parties an opportunity to make representations (subject to sub-paragraph (7)), and
- (b) have regard to any guidance issued by—
- (i) the Lord President of the Court of Session, or
- (ii) the Lord Justice General.
- (7) The first direction in relation to a hearing under sub-paragraph (1) may be issued by the court or (as the case may be) tribunal of its own accord without having given the parties an opportunity to make representations.
- (8) Where a direction in relation to a hearing is issued as described in sub-paragraph (7), the court or (as the case may be) tribunal must—
- (a) take steps to ensure that the parties are aware of their right to make a motion for the variation or revocation of the direction, and
- (b) deal with any motion for the variation or revocation of the direction,
before taking a decision about any other matter at the hearing, other than a decision to adjourn, a decision in respect of a motion for a direction under paragraph 6 or 7 or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
- (9) A direction under sub-paragraph (1) setting out—
- (a) how a party to proceedings is to attend by electronic means a hearing in which a person is to give evidence, must provide for the party to use means that enable the party to both see and hear all of the other parties, the judge and (where applicable) the jury and any witness who is giving evidence,
- (b) how a witness who is to give evidence at a hearing is to attend by electronic means, must provide for the witness to use means that enable all of the parties, the judge and (where applicable) the jury to both see and hear the witness.
- (10) Nothing in sub-paragraph (9) is to be taken to mean that a person is to be enabled to see or hear a witness in a way that measures taken in accordance with an order of the court or tribunal would otherwise prevent.
General directions under paragraph 8
9
- (1) A court or tribunal may—
- (a) issue a direction under paragraph 8(1) that applies for the purpose of all proceedings of a type specified in the direction, provided that the only party to the proceedings is a public official,
- (b) issue a further direction under paragraph 8(1) overriding, for the purpose of specific proceedings, a general direction issued by virtue of paragraph (a).
- (2) Paragraph 8(6)(a) does not apply in relation to a general direction issued by virtue of sub-paragraph (1)(a).
- (3) In this paragraph—
- “public official” means—a person who is a public authority and is acting in that capacity, ora person who is acting on behalf of a public authority,
- “public authority” is to be construed in accordance with section 6 of the Human Rights Act 1998.
Chapter 3 — Further provision
Publication of directions and guidance
10
A person who issues any of the following must make it publicly available for so long as it has effect—
- (a) a direction under paragraph 3(2),
- (b) a direction under paragraph 4(2) or (3)(a),
- (c) guidance under paragraph 6(9)(b),
- (d) guidance under paragraph 8(6)(b).
Transitional provision for directions under earlier enactment
11
- (1) A direction under the provision of schedule 4 of the Coronavirus (Scotland) Act 2020 mentioned in the first column of the table below is to be treated as though it were a direction under the provision of this Part mentioned in the corresponding entry in the second column.
| Provision of schedule 4 of the Coronavirus (Scotland) Act 2020 under which the direction was issued | Provision of this Part under which the direction is to be treated as having been issued |
|---|---|
| paragraph 1(5) | paragraph 3(2) |
| paragraph 1A(2) | paragraph 4(2) |
| paragraph 1A(3)(a) | paragraph 4(3)(a) |
| paragraph 2(1) | paragraph 6(2) |
| paragraph 2(3) | paragraph 6(4) |
| paragraph 3(1) | paragraph 8(1) |
- (2) A general direction issued by virtue of paragraph 4(1)(a) of schedule 4 of the Coronavirus (Scotland) Act 2020 is to be treated as though it were issued by virtue of paragraph 9(1)(a).
Interpretation of Part
12
In this Part—
- “court” means any of the Scottish courts as defined in section 2(6) of the Judiciary and Courts (Scotland) Act 2008,
- “proceedings” includes any process before a court or tribunal, or any office holder of a court or tribunal (for example, a process by which a warrant may be obtained for the purpose of investigating a suspected offence),
- “requirement” means a requirement arising from an enactment or rule of law,
- “tribunal” means—the First-tier Tribunal for Scotland,the Upper Tribunal for Scotland.
Part 2 — Fiscal fines
Increase of maximum penalty
13
- (1) The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modification in sub-paragraph (2).
- (2) Section 302(7A) (maximum fixed penalty that may be prescribed) has effect as if for “£300” there were substituted “£500”.
New scale
14
- (1) The Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008 (S.S.I. 2008/108) applies in accordance with the modification in sub-paragraph (2).
- (2) The schedule has effect as if for it there were substituted—
Schedule
| Level on the scale | Amount of fixed penalty |
|---|---|
| 1 | £50 |
| 2 | £75 |
| 3 | £100 |
| 4 | £150 |
| 5 | £200 |
| 6 | £250 |
| 7 | £300 |
| 8 | £400 |
| 9 | £500 |
.
Part 3 — Failure to appear before court following police liberation
Power for court to reschedule due to coronavirus
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4 — National jurisdiction for callings from custody etc.
Ability to take calling in any sheriff court and then maintain proceedings
16
- (1) A calling of criminal proceedings in the sheriff court to which sub-paragraph (2) applies may be dealt with—
- (a) in any sheriff court in Scotland, and
- (b) by a sheriff of any sheriffdom.
- (2) This sub-paragraph applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody—
- (a) having been arrested by a constable in connection with the matter to which the proceedings relate, and
- (b) without having subsequently—
- (i) been released from custody, or
- (ii) had a court authorise the person’s continued remand in custody.
- (3) If more than one person is the subject of the proceedings, the reference in sub-paragraph (2) to the person who is the subject of the proceedings is to be read as referring to any of them.
- (4) It is for the Lord Advocate or the procurator fiscal to determine in which sheriff court a calling to which sub-paragraph (2) applies is to be taken.
- (5) Where proceedings have come before a sheriff court by virtue of sub-paragraph (1), the proceedings may continue to be dealt with—
- (a) in the same sheriff court, and
- (b) by a sheriff of any sheriffdom.
- (6) Proceedings may continue to be dealt with by virtue of sub-paragraph (5) until their conclusion, except that—
- (a) in the case of summary proceedings, or proceedings on petition or indictment, insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, they cannot continue to be dealt with by virtue of sub-paragraph (5) after the end of the diet at which that plea was tendered,
- (b) in the case of proceedings on petition or indictment, they cannot continue to be dealt with by virtue of sub-paragraph (5) after committal of the accused person until liberation in due course of law.
- (7) For the purposes of sub-paragraph (5), proceedings on petition and any subsequent proceedings on indictment are to be treated as the same proceedings.
Ability of any sheriff court to deal with proceedings following failure to appear
17
- (1) This paragraph applies where—
- (a) a calling of proceedings has come before a sheriff court by virtue of paragraph 16(1), and
- (b) the proceedings are in respect of an accused person’s failure to attend a diet in summary criminal proceedings or proceedings on indictment (“the principal proceedings”).
- (2) If the principal proceedings are proceedings on indictment, the court may deal with them until the end of the diet in which the calling mentioned in sub-paragraph (1)(a) takes place.
- (3) If the principal proceedings are summary criminal proceedings, they may continue to be dealt with—
- (a) in the same sheriff court, and
- (b) by a sheriff of any sheriffdom,
unless, and until the end of the diet at which, the accused person tenders a plea of not guilty or confirms that the person is adhering to a previously tendered plea of not guilty and (in either case) that plea is not accepted by the prosecutor.
Further provision about extra-territorial jurisdiction
18
- (1) A sheriff court has jurisdiction for all cases which come before it by virtue of this Part.
- (2) A procurator fiscal for a sheriff court district has—
- (a) power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the sheriff court of that district by virtue of this Part,
- (b) the like powers in relation to such cases as the prosecutor has for the purposes of other cases that come before the sheriff when exercising criminal jurisdiction.
- (3) For the purposes of this Part, a sheriff may, without the need for further commission, exercise the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings in every sheriffdom (and the same applies accordingly to any other member of the judiciary, so far as that member has the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings).
- (4) This Part is without prejudice to sections 4 to 10, 34A and 137C of the Criminal Procedure (Scotland) Act 1995.
Interpretation of Part
19
- (1) In this Part, “criminal proceedings” means any proceedings in which a court is exercising criminal jurisdiction including in particular—
- (a) proceedings on indictment,
- (b) proceedings on petition,
- (c) summary proceedings,
- (d) ancillary proceedings, such as proceedings in respect of—
- (i) breach of bail,
- (ii) non-payment of a fine or other monetary penalty,
- (iii) breach of an order of a court, or
- (iv) failure of an accused person or a witness to attend a diet.
- (2) Any expression used in this Part which is also used in the Criminal Procedure (Scotland) Act 1995 has the same meaning as it does in that Act.
Part 5 — Criminal procedure time limits
Chapter 1 — Extension of periods
Solemn proceedings: periods within which procedural hearings and trial must commence
20
- (1) The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modifications in this paragraph.
- (2) Section 65(1) (solemn proceedings: prevention of delay in trials) has effect as if—
- (a) in paragraph (a), for “11 months” there were substituted “17 months”,
- (b) in paragraph (aa), for “11 months” there were substituted “17 months”,
- (c) in paragraph (b), for “12 months” there were substituted “18 months”.
Summary proceedings: period within which prosecution for statutory offence must commence
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pre-trial and pre-sentence remand period
22
- (1) The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modifications in this paragraph.
- (2) Section 65(4) (solemn proceedings: prevention of delay in trials) has effect as if—
- (a) in paragraph (a), for “80 days” there were substituted “260 days”,
- (b) in paragraph (aa)(i), for “110 days” there were substituted “290 days”,
- (c) in paragraph (aa)(ii), for “140 days” there were substituted “320 days”,
- (d) in paragraph (b)(i), for “110 days” there were substituted “290 days”,
- (e) in paragraph (b)(ii), for “140 days” there were substituted “320 days”.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2 — Adjournment periods
Power of court to adjourn cases
23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 6 — Proceeds of crime
Making of confiscation order: postponement due to coronavirus
24
- (1) The Proceeds of Crime Act 2002 applies in accordance with the modifications in this paragraph.
- (2) Section 99 (postponement) has effect as if—
- (a) after subsection (4) there were inserted—
(4A) For the purpose of subsection (4), “exceptional circumstances”, in relation to proceedings, includes the effect (whether direct or indirect) of coronavirus on the proceedings.
,
- (b) after subsection (11) there were inserted—
(12) In subsection (4A), “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
.
Part 7 — Prisons and young offenders institutions
Power to release early
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parliamentary scrutiny of regulations under paragraph 25
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public health protection measures
International travel regulations
Meaning of “premises”
Arrangements for vaccination and immunisation
Interpretation of Chapter
Duty to have regard to public health advice
Guidance on public health measures
Regulations on continuing operation of educational establishments
Regulations on school boarding accommodation
Regulations on student accommodation
Compliance and enforcement
Procedure for regulations
Regulations: public health declarations
Regulations: further provision about public health declarations
Review of regulations
Duty to seek views about regulations
Report on public schools’ readiness for remote learning
School consultations: meetings and documents
Bankruptcy: service of documents
Bankruptcy: meaning of “qualified creditor” and “qualified creditors”
Bankruptcy: remote meetings of creditors
Bankruptcy: remote meetings of creditors
Period of moratorium on diligence
Power to amend period of moratorium on diligence
Giving information of particulars of birth remotely
Funeral director giving information of particulars of death
Giving information of particulars of death remotely
Regulations under the 1965 Act
Power to make a register electronic
Civic licensing: how hearings may be held
Civic licensing: how notices may be published
Alcohol licensing: how hearings may be held
Electronic submission of copies of deeds and writs to Registers of Scotland
Register of Inhibitions: electronic signature of documents
Claim for interim payment of fees and outlays
Custody officers’ functions
Mental health: removal of need for witnessing of signature of nominated person
Care services: giving of notices by SCSWIS
Disapplication of physical presence requirements
Custody officers’ functions
Chairperson’s functions
Members of children’s hearings
Private residential tenancies: discretionary eviction grounds
Assured tenancies: discretionary eviction grounds
Tenancies under the Rent (Scotland) Act 1984: discretionary eviction grounds
Private residential tenancies: pre-action protocol
Assured tenancies: pre-action protocol
Tenancies: saving provision
Tenancies: transitional provision
The measures
Power to suspend and revive
Expiry
Power to bring expiry forward
Regulations under this Part
Criminal procedure time limits: consequential modifications
Criminal procedure time limits: transitional and saving provision
Effect of early release from prison or young offenders institution by virtue of regulations
Ancillary provision
Commencement
Short title
Editorial notes
[^key-e9dba52460a616846f0f2f65a95d6c75]: S. 1 in force at 1.9.2022, see s. 59(1)
[^key-ea94c0e731db93f5ad305885fdc38007]: S. 2 in force at 1.9.2022, see s. 59(1)
[^key-90382b31bd356a7d171e4fcb048242c2]: S. 3 in force at 1.9.2022, see s. 59(1)
[^key-20d1eb50a0449bf12ff0cb0b84b64408]: S. 5 in force at 1.9.2022, see s. 59(1)
[^key-db864c1b7ab6ba2bd650491b5fd310c3]: S. 6 in force at 1.9.2022, see s. 59(1)
[^key-b0d5aace0410c381ec716386f82f22b0]: S. 7 in force at 1.9.2022, see s. 59(1)
[^key-9f3e838e0a5b6aed96b78c7ca3f47d0f]: S. 8 in force at 1.9.2022, see s. 59(1)
[^key-72b1e520c6f96b67cba46330851add29]: S. 9 in force at 1.9.2022, see s. 59(1)
[^key-59833ba2bfb075e92215fffdb2e7ec88]: S. 10 in force at 1.9.2022, see s. 59(1)
[^key-ddab92804721d83401e3e5484cfa2f99]: S. 11 in force at 1.9.2022, see s. 59(1)
[^key-60d47f4599270bfac58a1ff3db20b108]: S. 12 in force at 1.9.2022, see s. 59(1)
[^key-9bd5722b3d663c03784f33efc2a8aa24]: S. 13 in force at 1.9.2022, see s. 59(1)
[^key-4598bf401494285cbadd4ca0963c61b4]: S. 14 in force at 1.9.2022, see s. 59(1)
[^key-8f0a6957215fccf115c49a61ad25c2ca]: S. 15 in force at 1.9.2022, see s. 59(1)
[^key-62b03c133752bbb784d8f5aeb34f4fb9]: S. 16 not in force at Royal Assent, see s. 59(4)
[^key-45c915495709343bab9caaf4d135eb5f]: S. 17 not in force at Royal Assent, see s. 59(4)
[^key-0e7b96fcf15f44588bcf871a6981c0f1]: S. 25(6)(7) in force at 1.9.2022 for specified purposes, see s. 59(2)(a)(i)
[^key-a25db04e64dddc58d6b04ada6ad0a08c]: S. 27(2)(4)(6) in force at 1.9.2022 for specified purposes, see s. 59(3)(a)(i)
[^key-ef52056b451c6a0331f55c6c5c3c73d1]: S. 51 in force at 1.9.2022, see s. 59(1)
[^key-c5903c7374559911fb2a9eae64413720]: S. 54 in force at 1.9.2022, see s. 59(1)
[^key-6e87c5662f241f73e96a6d4c600000a4]: S. 58 in force at 11.8.2022, see s. 59(1)
[^key-aa3299d16c3ebbbd1d05cf737af8032f]: S. 59 in force at 11.8.2022, see s. 59(1)
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