LegalizeThe Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 5) Order 2008
Made: 2nd October 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 84(1) and (2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007[^f00001].
Citation
1
This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 5) Order 2008.
Interpretation
2
In this Order–
- “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and
- “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995[^f00002].
Commencement
3
- (1) The provisions of the 2007 Act specified in column 1 of the Schedule, the subject matter being specified in column 2, come into force on 8th December 2008.
- (2) The coming into force of the provisions listed in the Schedule are subject to any exceptions or limitations on extent specified in that Schedule.
- (3) Where a particular purpose or area is specified in relation to any provision in column 1 of the Schedule, that provision comes into force on 8th December 2008 for that purpose or in that area only.
SCHEDULE — PROVISIONS COMING INTO FORCE ON 8TH DECEMBER 2008
| Column 1 | Column 2 |
|---|---|
| (provisions of the 2007 Act) | (subject matter) |
| Section 59(1), (3), (4), (5) and (7), in so far as not already commenced, but only for the Sheriffdom of Glasgow and Strathkelvin | Establishing JP courts |
| Section 62(1) to (3) and (8), but only for the Sheriffdom of Glasgow and Strathkelvin | Area and territorial jurisdiction of JP courts |
| Section 62(4) to (7), in so far as not already commenced | Area and territorial jurisdiction of JP courts |
| Section 68(4) and (5), but only for the Sheriffdom of Glasgow and Strathkelvin | Conditions of Office |
| Section 74, but only for the Sheriffdom of Glasgow and Strathkelvin | Appointment of stipendiary magistrates |
| Section 75, but only for the Sheriffdom of Glasgow and Strathkelvin | Stipendiary magistrates: further provision |
| Section 77(2), (3) and (5) but only for the Sheriffdom of Glasgow and Strathkelvin | Records and validity of appointment etc. |
| Section 80, in so far as not already commenced, for the purpose of bringing into force the following paragraphs of the schedule | Modification of enactments |
| Schedule, paragraph 4, but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the Education (Scotland) Act 1980[^f00003] |
| Schedule, paragraph 7, but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the Road Traffic Offenders Act 1988[^f00004] |
| Schedule, paragraph 9(1) to (6), but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the 1995 Act |
| Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdoms of Glasgow and Strathkelvin, Grampian, Highland and Islands and Lothian and Borders | Modification of the 1995 Act |
| Schedule, paragraph 20(3)(b), but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the 1995 Act |
| Schedule, paragraph 22, but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the 1995 Act |
| Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the 1995 Act |
| Schedule, paragraph 26(a) to (s) and (u) to (v), but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the 1995 Act |
| Schedule, paragraph 26(t), in so far as not already commenced | Modification of the 1995 Act |
| Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the Bail, Judicial Appointments etc. (Scotland) Act 2000[^f00005] |
| Schedule, paragraph 30(a), but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the Criminal Justice (Scotland) Act 2003[^f00006] |
| Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of Glasgow and Strathkelvin | Modification of the Antisocial Behaviour etc. (Scotland) Act 2004[^f00007] |
| Schedule, paragraph 33(1) and (2), but only for the Sheriffdom of Glasgow and Strathkelvin and except for the purposes of any statutory instrument made under the 2007 Act | Enactments generally: references to district court and justices of the peace |
Signed
KENNY MACASKILL — A member of the Scottish Executive — 2nd October 2008
Explanatory note
(This note is not part of the Order)
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (“the 2007 Act”) received Royal Assent on 22nd February 2007.
Article 3 of and the Schedule to this Order bring into force various provisions of the 2007 Act, most of which apply to the Sheriffdom of Glasgow and Strathkelvin on 8th December 2008. The provisions coming into force on that date together with the relevant subject matter are listed in the Schedule to the Order.
The provisions commenced by this Order go hand in hand with the establishment of a justice of the peace court (“JP court”) (and the associated disestablishment of district courts) in the Sheriffdom of Glasgow and Strathkelvin. The Justice of the Peace Courts (Sheriffdom of Glasgow and Strathkelvin) Order 2008 makes provision as to the establishment and disestablishment of those courts. The Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc. Order 2008 (S.S.I. 2008/31) made provision in relation to the establishment of JP courts in the Sheriffdom of Lothian and Borders on 10th March 2008. The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008 (S.S.I. 2008/93) (as amended by the Justice of the Peace Courts (Sheriffdom of Grampian, Highlands and Islands) Amendment Order 2008 (S.S.I. 2008/179)) made provision in relation to the establishment of JP courts in the Sheriffdom of Grampian, Highland and Islands on 2nd June 2008. Further such Orders will be made in relation to the remaining three sheriffdoms to roll out the establishment of JP courts across the country.
Footnotes
[^f00001]: 2007 asp 6.
[^f00002]: 1995 c. 46.
[^f00003]: 1980 c. 44.
[^f00004]: 1988 c. 53. Paragraph 7(a) and (d) of the Schedule to the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007 (S.I. 2007/3480) to take account of amendments made to the Road Traffic Offenders Act 1988 by that Order.
[^f00005]: 2000 asp 9.
[^f00006]: 2003 asp 7.
[^f00007]: 2004 asp 8.
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