LegalizeThe Victims and Witnesses (Scotland) Act 2014 (Commencement No. 4 and Transitional Provisions) Order 2015
Made: 19th May 2015
Laid before the Scottish Parliament: 21st May 2015
Coming into force: 1st July 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 34(2) and (3) of the Victims and Witnesses (Scotland) Act 2014[^f00001].
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Victims and Witnesses (Scotland) Act 2014 (Commencement No. 4 and Transitional Provisions) Order 2015 and comes into force on 1st July 2015.
- (2) In this Order, “the Act” means the Victims and Witnesses (Scotland) Act 2014.
- (3) For the purposes of the commencement of sections 10 to 14, 16 to 18 and 20 of the Act, criminal proceedings are to be taken as commenced on the day on which a report of the case has been received by the procurator fiscal.
- (4) For the purposes of the commencement of section 22 of the Act—
- (a) civil proceedings are to be taken as commenced on the date on which the document initiating the proceedings is served; and
- (b) where that document is served on more than one person, the proceedings are to be taken as commenced when the document is served on the first of those persons.
Day appointed
2
- (1) The day appointed for the coming into force of section 4 of the Act (rules: review of decision not to prosecute) is 1st July 2015.
- (2) The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule (the subject matter of which is specified in column 2 of that table) is 1st September 2015.
Transitional provision – interviews with children: guidance
3
Notwithstanding the coming into force of section 7 of the Act, the obligation in section 7(2) only applies in relation to—
- (a) interviews conducted on or after 1st September 2015; and
- (b) guidance which has been issued by the Scottish Ministers on or after 1st September 2015.
Transitional provision – vulnerable witnesses and special measures
4
Sections 10 to 14, 16 to 18 and 20 of the Act come into force only in relation to criminal proceedings commenced on or after 1st September 2015.
Transitional provision – vulnerable witnesses: civil proceedings
5
Section 22 of the Act comes into force only in relation to civil proceedings commenced on or after 1st September 2015.
SCHEDULE
| Column 1 Provisions of the Act | Column 2 Subject matter |
|---|---|
| Section 7 | Interviews with children: guidance |
| Section 10 | Vulnerable witnesses: main definitions |
| Section 11 | Child and deemed vulnerable witnesses |
| Section 12 | Child and deemed vulnerable witnesses: standard special measures |
| Section 13 | Objections to special measures: child and deemed vulnerable witnesses |
| Section 14 | Child witnesses |
| Section 15 | Reporting of proceedings involving children |
| Section 16 | Other vulnerable witnesses: assessment and application |
| Section 17 | Objections to special measures: other vulnerable witnesses |
| Section 18 | Review of arrangements for vulnerable witnesses |
| Section 19 | Temporary additional special measures |
| Section 20 | Special measures: closed courts |
| Section 21 | Power to prescribe further special measures |
| Section 22 | Vulnerable witnesses: civil proceedings |
Signed
MICHAEL MATHESON — A member of the Scottish Government — 19th May 2015
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force, on 1st July 2015, section 4 of the Victims and Witnesses (Scotland) Act 2014 (“the Act”) (article 2(1)). This Order also brings into force, on 1st September 2015, the following sections of the Act: sections 7 and 10 to 22 (article 2(2)).
Articles 3 to 5 of the Order make transitional provision in relation to sections 7, 10 to 14, 16 to 18, 20 and 22 of the 2014 Act.
The Bill for the Act received Royal Assent on 17th January 2014. The following sections of the Act came into force on the following day: sections 30 (in part), 31 (in part), 32, 33, 34 and 35.
Footnotes
[^f00001]: 2014 asp 1.
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