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Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Protection of Vulnerable Groups (Scotland) Act 2007) 2011

Type Scottish-Statutory-Instrument

Publication 2011-02-24

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 24th February 2011

Coming into force: 28th February 2011

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section305 of the Criminal Procedure (Scotland) Act 1995[^f00001], and of all other powers enabling them in that behalf do hereby enact and declare:

Citation, commencement etc.

1

(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Protection of Vulnerable Groups (Scotland) Act 2007) 2011.

(2) It comes into force on 28th February 2011.

(3) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.

Protection of vulnerable groups

2

(1) The Criminal Procedure Rules 1996[^f00002] are amended as follows.

(2) For Chapter47 (Protection of Children (Scotland) Act 2003)[^f00003] substitute—

(47A.1) Where a court is giving the Scottish Ministers information under section7 of the Protection of Vulnerable Groups (Scotland) Act 2007[^f00004] it shall do so by— (a) posting a notice of reference in Form47A.1; or (b) transmitting a copy of that notice, by facsimile or other electronic means.

(3) In the appendix, for Form47.1 substitute Form47A.1[^f00005] set out in the Schedule to this Act of Adjournal.

(4) Notwithstanding subparagraphs(1) to (3), Chapter47 will continue to apply where a referral under section10 of the Protection of Children (Scotland) Act 2003[^f00006] continues to be possible[^f00007].

SCHEDULE

Signed

A.C. HAMILTON — Lord Justice General — I.P.D. — 24th February 2011

Explanatory note

(This note is not part of the Act of Adjournal)

EXPLANATORY NOTE

This Act of Adjournal amends the Criminal Procedure Rules 1996.

Paragraph2 substitutes for Chapter47 (Protection of Children (Scotland) Act 2003) new Chapter 47A (Protection of Vulnerable Groups (Scotland) Act 2007) in relation to references by a court to the Scottish Ministers under section7 of the 2007 Act.

Footnotes

[^f00001]: 1995 c.46.

[^f00002]: The Criminal Procedure Rules 1996 are contained in Schedule2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2011/21).

[^f00003]: Chapter47 was inserted by S.S.I. 2004/481.

[^f00004]: 2007 asp 14.

[^f00005]: Form 47.1 was inserted by S.S.I. 2004/481.

[^f00006]: 2003 asp 5. Section10 was amended by section24(1) of the Criminal Procedure (Scotland) Act 2004 (2004 asp 5).

[^f00007]: Paragraph9 of S.S.I. 2010/180 makes savings and transitional provisions in relation to referrals under section10 of the 2003 Act.

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