Act of Adjournal (Criminal Procedure Rules Amendment) (Regulatory Reform (Scotland) Act 2014) 2014

Made: 5th June 2014

Laid before the Scottish Parliament: 6th June 2014

Coming into force: 30th June 2014

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 all other powers enabling them in that behalf, do hereby enact and declare:

Citation, commencement etc.

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• (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Regulatory Reform (Scotland) Act 2014) 2014.

• (2) It comes into force on 30th June 2014.

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

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

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• (1) The Criminal Procedure Rules 1996[^f00002] are amended in accordance with the following subparagraphs.

• (2) After Chapter59 (Double Jeopardy (Scotland) Act 2011)[^f00003] insert:—

(60.1) In this Chapter— - “the Act of 2014” means the Regulatory Reform (Scotland) Act 2014[^f00004]. - “publicity order” means an order made under section 36(2) of the Act of 2014. - “remediation order” means an order made under section 41(2) of the Act of 2014. - “SEPA” means the Scottish Environment Protection Agency. (60.2) A publicity order shall be in Form 60.2. (60.3) A remediation order shall be in Form 60.3. (60.4) (1) An application under section 41(5) of the Act of 2014 for the variation of a remediation order shall be made by petition in Form 60.4. (2) On a petition referred to in paragraph(1) being lodged, the court shall— (a) order intimation of the application to be made to the prosecutor and SEPA; (b) appoint a hearing on the application; and (c) order intimation of the hearing to the persons referred to in subparagraph (a), the petitioner or the petitioner’s agent, and to the governor of any institution in which the petitioner is detained.

• (3) In the appendix, at the end insert the Forms set out in the Schedule to this Act of Adjournal.

SCHEDULE

Signed

BRIAN GILL — Lord Justice General — I.P.D. — 5th June 2014

Explanatory note

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

EXPLANATORY NOTE

This Act of Adjournal amends the Criminal Procedure Rules 1996 by providing a form for publicity orders made under section36 of the Regulatory Reform (Scotland) Act 2014.

The Act of Adjournal also provides a form for remediation orders made under section41 of that Act, and a procedure for applications for variation of those orders.

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. 2013/198).

[^f00003]: Chapter59 was inserted by S.S.I. 2011/387.

[^f00004]: 2014 asp 3.