The Criminal Justice (Scotland) Act 2016 (Commencement No. 6 and Transitional Provision) Order 2019

Made: 31st October 2019

Laid before the Scottish Parliament: 1st November 2019

Coming into force: 10th January 2020

The Scottish Ministers make the following Order in exercise of the powers conferred by section 117(2) and (3) of the Criminal Justice (Scotland) Act 2016[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

This Order may be cited as the Criminal Justice (Scotland) Act 2016 (Commencement No. 6 and Transitional Provision) Order 2019 and comes into force on 10 January 2020.

Interpretation

2

In this Order—

• “the 2016 Act” means the Criminal Justice (Scotland) Act 2016,

• “the appointed day” means the day appointed by article 3.

Appointed day

3

10 January 2020 is the day appointed for the coming into force of the following provisions of the 2016 Act—

• (a) section 42 (support for vulnerable persons),

• (b) section 102 (recommendations from quality assessor and training provider), and

• (c) section 103 (duty to ensure quality assessment takes place).

Transitional provision

4

Section 42 of the 2016 Act only applies to persons arrested by a constable on or after the appointed day.

Signed

H YOUSAF — A member of the Scottish Government — 31st October 2019

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force various provisions of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) on 10 January 2020.

Section 42 of the 2016 Act places a duty on the police to identify vulnerable adults in custody and to facilitate the provision of communication support for these individuals.

Section 102 of the 2016 Act provides that a person on whom functions have been conferred by sections 100 (assessment of quality of appropriate adult support) or 101 (training for appropriate adults) of that Act can make recommendations to the provider of appropriate adult services or to the Scottish Ministers in the use of their subordinate legislation making power under section 61 of that Act.

Section 103 of the 2016 Act places a duty on the Scottish Ministers to ensure that where a person has responsibility to ensure that appropriate adult services are available, there must be a person in place for the purpose of assessing those services.

Article 4 of the Order provides that section 42 of the 2016 Act only applies to persons arrested on or after the appointed day.

The Bill for the 2016 Act received Royal Assent on 13 January 2016. Sections 71, 73 to 77 and 115 to 118 came into force the following day.

Footnotes

[^f00001]: 2016 asp 1.