Crime and Punishment (Scotland) Act 1997

• (7) In section 26(11) (interpretation of powers of Customs and Excise officers to detain persons in connection with drug smuggling) for the definition of superior officer there shall be substituted the following definition—

• “superior officer” means an officer whose title is specified for the purposes of this section by the Treasury in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

.

• (8) In section 45(1) (aiding and abetting offences under section 44), for the word “principle” there shall be substituted the word “ principal ”.

The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 (c. 40)

19

• (1) The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 shall be amended in accordance with this paragraph.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Schedule 4 (minor and consequential amendments)—

• (a) paragraph 6(4)(a) and (d) shall cease to have effect;

• (b) paragraph 16 shall cease to have effect;

• (c) paragraph 50(7)(b) shall cease to have effect; and

• (d) paragraph 53(3) shall cease to have effect.

The Proceeds of Crime (Scotland) Act 1995 (c. 43)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Procedure (Scotland) Act 1995 (c. 46.)

21

• (1) The 1995 Act shall be amended as follows.

• (2) In section 15 (rights of persons arrested or detained), in subsection (6)(b), for the words “actual custody” there shall be substituted the word “ care ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 46 (presumption and determination of age of child)—

• (a) in subsection (1), after the word “offence” there shall be inserted the words “ , whose age is not specified in the indictment or complaint in relation to that offence, ”;

• (b) in subsection (3) at the beginning there shall be inserted the words “ Without prejudice to section 255A of this Act, ”.

• (5) In section 53 (power to make interim hospital order)—

• (a) in subsection (1), after the word “way” there shall be inserted the words “ , including imposing a sentence of imprisonment and making a hospital direction, ”;

• (b) in subsection (3), for the words “28” there shall be substituted the word “ 7 ”;

• (c) in subsection (4), after the word “not” there shall be inserted the words “ at that time ”;

• (d) in subsection (5), for the words “28” there shall be substituted the word “ 7 ”;

• (e) after subsection (5), there shall be inserted the following subsection—

(5A) Subsections (1) and (4) of section 60 of the Mental Health (Scotland) Act 1984 shall apply to an interim hospital order as they apply to a hospital order.

; and

• (f) in subsection (6), after the word “way” there shall be inserted the words “ , including imposing a sentence of imprisonment and making a hospital direction ”.

• (6) In section 58 (hospital orders)—

• (a) in subsection (4), for the words “28” there shall be substituted the word “ 7 ”; and

• (b) in subsection (9), for the words “28” there shall be substituted the word “ 7 ”.

• (7) In section 62(6)(b) (disposal in appeals by accused in cases involving insanity), for the words “or order” there shall be substituted the words “ , order or other disposal ”.

• (8) In section 63 (appeals by prosecutor in cases involving insanity)—

• (a) in subsection (1), paragraph (d) shall cease to have effect;

• (b) in subsection (2)(b)(ii), the words “or (d)” shall cease to have effect; and

• (c) in subsection (5)(b)—

• (i) for the words “or order”, in the first place where they occur, there shall be substituted the words “ order or disposal ”; and

• (ii) for the words “or order”, in the second place where they occur, there shall be substituted the words “ or acquittal ”.

• (9) In section 65 (prevention of delay), after subsection (3) there shall be inserted the following subsection—

(3A) An application under subsection (3) shall not be made at any time when an appeal made with leave under section 74(1) of this Act has not been disposed of by the High Court.

.

• (10) In section 74(4) (disposal of appeals in connection with preliminary diets)—

• (a) the word “and” after paragraph (a) shall cease to have effect; and

• (b) after paragraph (b) there shall be inserted the following words

; and (c) may on cause shown extend the period mentioned in section 65(1) of this Act.

.

• (11) In section 81(6) (list of jurors where trial does not take place)—

• (a) the word “, signed” shall cease to have effect; and

• (b) for the words “85(1) and (2)” there shall be substituted the words “ 85(2) ”.

• (12) In section 83 (transfer of sheriff court solemn proceedings)—

• (a) in subsection (1), for the words “transfer the case to a sheriff court” there shall be substituted the words “ adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act, ”;

• (b) in subsection (2)—

• (i) before the word “make” there shall be inserted the words “ adjourn the trial and ”; and

• (ii) for the word “case” there shall be substituted the word “ trial as mentioned in subsection (1) above ”; and

• (c) after subsection (2), there shall be inserted the following subsection—

(3) Where a warrant to cite any person to attend a sitting of the sheriff court has been issued by the sheriff clerk under section 66(1) of this Act and the trial has been adjourned and transferred by an order under subsection (2) above, the warrant shall have effect as if the trial diet had originally been fixed for the court, and the date of the sitting of that court, to which the trial is so transferred.

.

• (13) In section 103 (appeal sittings)—

• (a) in subsection (3), for the words “subsection (1)” there shall be substituted the words “ subsection (2) ”;

• (b) in subsection (4), for the words “and (2)” there shall be substituted the words “ to (3) ”; and

• (c) in subsection (7), after the words “subsection (5)” there shall be inserted the words “ and (6) ”.

• (14) In subsection (1)(b) of section 104 (power of High Court in appeals) the word “additional” shall cease to have effect.

• (15) In section 107(4) (application where leave to appeal refused), for the words “subsection (7)” there shall be substituted the words “ subsection (10) ”.

• (16) In section 113(2)(c) (recipients of copy of judge’s report) for the words “section 124(3) of this Act, to the Secretary of State” there shall be substituted the words “ Part XA of this Act, to the Commission ”.

• (17) In section 118 (disposal of appeals)—

• (a) in subsection (4)(b), the word “additional” shall cease to have effect; and

• (b) after subsection (8) there shall be inserted the following subsection—

(9) The High Court may give its reasons for the disposal of any appeal in writing without giving those reasons orally.

.

• (18) In section 124 (finality of proceedings and Secretary of State’s reference)—

• (a) in subsection (1), after “this Part” there shall be inserted the words “ or Part XA ”;

• (b) in subsection (2), for the words “subsection (3) below” there shall be substituted the words “ Part XA of this Act ”; and

• (c) subsections (3) to (5) shall cease to have effect.

• (19) In section 141 (manner of citation)—

• (a) in subsection (3)—

• (i) the words “signed by the prosecutor and” shall cease to have effect;

• (ii) in paragraph (a), after the word “accused,” there shall be inserted the words “ signed by the prosecutor and ”; and

• (iii) in paragraph (b), after the word “sent” there shall be inserted the words “ by or on behalf of the prosecutor ”; and

• (b) , after subsection (5) there shall be inserted the following subsection—

(5A) The citation of a witness to a sitting or diet or adjourned sitting or diet as mentioned in subsection (1) above shall be effective if it is sent by the accused’s solicitor by ordinary post to the dwelling house or place of business of the witness or, if he has no known dwelling house or place of business, to any other place in which he may be resident at the time.

.

• (20) In section 179(2) (stated case: adjustment and signature) the word “additional” shall cease to have effect.

• (21) In subsection (5)(b) of section 182 (stated case: hearing of appeal) the word “additional” shall cease to have effect.

• (22) In subsection (1)(b) of section 189 (disposal of appeal against sentence) the word “additional” shall cease to have effect.

• (23) In section 199 (power to mitigate penalties), in subsection (3) after paragraph (b) there shall be inserted the following paragraph—

; or (c) to any proceedings in which the court on conviction is under a duty to impose a sentence under section 205A(2) or 205B(2) of this Act.

.

• (24) In section 202(1) (deferral of sentence) at the beginning there shall be inserted the words “ Subject to section 205A of this Act, ”.

• (25) In section 207(2) (detention of young offenders)—

• (a) for the words “section 205(2) and (3)” there shall be substituted the words “ sections 205(2) and (3), 205A(2)(b) and 205B(2)(b) ”; and

• (b) for the word “exceed” there shall be substituted the words “ be less than the minimum nor more than ”.

• (26) In section 209 (supervised release orders), after subsection (7) there shall be inserted the following subsection—

(7A) Where a person— (a) is serving a sentence of imprisonment and on his release from that sentence will be subject to a supervised release order; and (b) is sentenced to a further term of imprisonment, whether that term is to run consecutively or concurrently with the sentence mentioned in paragraph (a) above, the relevant period for any supervised release order made in relation to him shall begin on the date when he is released from those terms of imprisonment; and where there is more than one such order he shall on his release be subject to whichever of them is for the longer or, as the case may be, the longest period.

.

• (27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (30) In section 234A (non-harassment orders), subsection (5) shall cease to have effect.

• (31) In section 246(1) (admonition), at the beginning, there shall be inserted the words “ Subject to sections 205A and 205B of this Act, ”.

• (32) In section 280 (routine evidence), in subsection (6)(b), for the words “the accused” there shall be substituted the word “ he ”.

• (33) In section 298 (trial judge’s report)—

• (a) in subsection (1)(a), after the words “108” there shall be inserted the words “ , 108A ”; and

• (b) in subsection (2), for the words “section 124(3) of this Act, the Secretary of State” there shall be substituted the words “ Part XA of this Act, the Commission ”.

• (34) In section 307(1) (interpretation)—

• (a) after the definition of “Clerk of Justiciary” insert—

• “the Commission” has the meaning given by section 194A(1) of this Act;

; and

• (b) after paragraph (a) of the definition of “hospital”, there shall be inserted the following paragraph—

1. any hospital managed by a National Health Service Trust established under section 12A of that Act;

.

• (35) In Schedule 4 (supervision and treatment orders)—

• (a) in paragraph 3(3), after the word “officer;” there shall be inserted the following sub-paragraph—

(bb) the medical practitioner by whom or under whose supervision the supervised person is to be treated under the order;

;

• (b) in paragraph 10(1), after the word “officer” there shall be inserted the words “ and to the medical practitioner by whom or under whose supervision the supervised person was treated under the supervision and treatment order ”;

• (c) in paragraph 11(1)(a), after the word “officer” there shall be inserted the words “ and to the medical practitioner by whom or under whose supervision the supervised person has been treated under the supervision and treatment order ”.

SCHEDULE 2

1

• (1) In this Schedule—

• “existing provisions” means the provisions relating to the detention or release of persons which are in force immediately prior to the date upon which Chapter 1 of Part III of this Act (hereinafter referred to as “the Chapter”) comes into force, and where those provisions are amended or repealed by this Act or any other enactment, that amendment or repeal shall apply for the purposes of those provisions and this Schedule only if expressly stated to do so;

• “new provisions” means the Chapter;

• “new offence” means an offence (including default in paying a fine and contempt of court) committed after the new provisions come into force;

• “old offence” means an offence (including default in paying a fine and contempt of court) committed before the new provisions come into force;

• “new sentence” means a sentence passed in respect of a new offence;

• “old sentence” means a sentence passed in respect of an old offence; and

• “sentence” includes a period of imprisonment imposed for default in paying a fine or for contempt of court.

• (2) In subparagraph (1) above, the definitions of new offence, new sentence, old offence and old sentence shall have effect notwithstanding that conviction and sentence may occur after the Chapter comes into force.

• (3) In relation to default in paying a fine, the date on which sentence is passed shall be taken to be, in relation to imprisonment imposed—

• (a) under section 214(2) or 216 of the 1995 Act, the date on which the court imposes imprisonment; and

• (b) under section 214(4) of the 1995 Act, the date on which the defaulter is committed to prison.

2

Where, by virtue of the provisions of this Schedule, a prisoner is treated as serving—

• (a) a new sentence, the new provisions will apply in respect of him;

• (b) an old sentence, the existing provisions will apply in respect of him,

in both cases subject to any specific provision made in this Schedule.

3

For the purposes of this Schedule, where additional days have been awarded to, or days of remission have been forfeited by, a prisoner serving an old sentence, the period which he is required to serve in respect of that sentence shall be computed without regard to those days, and he shall serve those days—

• (a) after that period has come to an end; and

• (b) before starting to serve any new sentence of imprisonment which is to run consecutively to that old sentence.

4

Where any combination of old and new sentences is to run, either consecutively or concurrently, in relation to a prisoner, any supervised release order imposed under any of those sentences shall begin on the date when he is released; and where there is more than one such order he shall be subject to whichever of them is the longer or, as the case may be, the longest.

5

Where a single sentence is passed in respect of a number of offences committed on different days, for the purposes of this Schedule the sentence shall be deemed to have been passed in respect of the offence or offences committed on the latest of those days.

6

Subject to paragraph 8 below, where a new sentence is to run consecutively to an old sentence, the new sentence shall begin—

• (a) where the old sentence was or is for less than four years, at the expiry of one half of that sentence; and

• (b) subject to paragraph 7 below, where the old sentence was or is for four years or more, at the expiry of two thirds of that sentence

7

Where, in a case to which paragraph 6(b) above applies, the Parole Board have, prior to the passing of the new sentence, recommended that the prisoner be released on licence on a date—

• (a) earlier than the expiry of two thirds of that sentence; and

• (b) later than the date on which the new sentence is passed,

the new sentence shall begin on such date as the Secretary of State may, after considering any further recommendation of the Parole Board, determine, being a date not later than the expiry of two thirds of the sentence.

8

Where a new sentence is to run consecutively to an old sentence and the prisoner concerned is in prison—

• (a) because he has been recalled to prison by the Secretary of State, the new sentence shall begin, where he is recalled—

• (i) after the expiry of one half and before the expiry of two thirds of the old sentence, at the expiry of two thirds of that sentence;

• (ii) after the expiry of two thirds of the old sentence, at the expiry of the old sentence;

• (iii) in either of the cases mentioned in sub-paragraphs (i) and (ii) above, and the Parole Board has directed his release under section 17(4) of the 1993 Act or has recommended his release under section 28(5) of the 1989 Act, on the date on which he would, by virtue of that direction or recommendation and but for the new sentence, have been released;

• (b) as a result of an order made under section 16 of the 1993 Act (commission of offence by released prisoner), the new sentence shall begin on the date on which the return period determined by that order expires;

• (c) both because he has been recalled by the Secretary of State and returned as a result of an order made under section 16 of the 1993 Act, the new sentence shall begin on the expiry of whichever of the recall period and the order period ends later.

9

Where any combination of old and new sentences is to run consecutively in relation to a prisoner and—

• (a) after the expiry of any supervised release order such as is mentioned in paragraph 4 above; or

• (b) where he is not subject to any such supervised release order, on his release,

there remains outstanding part of any licence period in respect of an old sentence, he shall, in accordance with the existing provisions, be subject to that licence for that part of that period.

10

Where any combination of old and new sentences is to run consecutively in relation to a prisoner and—

• (a) the last of those sentences is a new sentence, he shall, in addition to any supervised release order or licence period, be subject to the new provisions in relation to that new sentence; and

• (b) the last of those sentences is an old sentence, he shall, in addition to any supervised release order or licence period, be subject to the existing provisions in relation to that old sentence.

11

In calculating a licence period for the purposes of paragraphs 9 and 10 above any period less than three months shall be disregarded.

12

Where a prisoner serving an old sentence of four years or more—

• (a) has been released on licence; and

• (b) receives a new sentence,

before the expiry of that old sentence, he shall begin to serve the new sentence immediately on its being passed or on such other date as the court may specify.

13

Where an old sentence is to run consecutively to a new sentence, the prisoner concerned shall begin to serve the old sentence on the date when he would otherwise have been released from the new sentence.

14

Where any combination of old and new sentences is to run concurrently, in relation to a prisoner, he shall be treated as if he is serving whichever of them will, as at the date on which the latest of them is passed, give rise to the later or, as the case may be, latest release date and, for the purposes of this paragraph, “release date” means—

• (a) in the case of an old sentence—

• (i) one half of a sentence of less than four years; and

• (ii) two thirds of a sentence of four years or more; and

• (b) in the case of a new sentence, the whole term.

15

If, by virtue of paragraph 14 above, the prisoner is to be treated as serving an old sentence, and—

• (a) that sentence is either quashed or reduced to a period shorter than the concurrent new sentence on appeal; or

• (b) a new sentence to which he is subject is increased on appeal to a period longer than the concurrent old sentence,

the prisoner concerned shall, as at the date when he begins to be treated as serving the new sentence, be deemed to have been awarded as many early release days as possible in relation to the period during which he was treated as serving the old sentence, (under deduction of any additional days which may have been awarded to him, or days of remission which may have been forfeited by him, during that period).

16

• (1) This paragraph applies where a prisoner who is being held on remand in respect of both an old offence and a new offence is, in consequence of the same act or omission—

• (a) awarded additional days in respect of any prospective old sentence which may be imposed upon him; and

• (b) is made subject to an order by which he forfeits early release days, in respect of any prospective new sentence which may be imposed upon him.

• (2) Where the prisoner receives—

• (a) only an old sentence, he is liable to the additional days mentioned in subparagraph (1)(a) above;

• (b) only a new sentence, he is liable only to forfeit the early release days mentioned in subparagraph (1)(b) above.

• (3) Where the prisoner receives both an old and a new sentence which are to run—

• (a) consecutively, he is liable to the additional days, if the longer or, as the case may be, longest sentence is an old sentence, or to the forfeiture of the early release days, if the longer or, as the case may be longest, sentence is a new sentence;

• (b) concurrently, he is liable either to the additional days or, as the case may be, to the forfeiture of the early release days, depending on whether the sentence is, in accordance with paragraph 14 above, to be treated as an old or, as the case may be, a new sentence.

SCHEDULE 3

Minimum sentence for third conviction of certain offences relating to drug trafficking.

Effect of hospital direction.

Driving disqualifications.

Increase in maximum period of interim hospital orders.

Automatic sentences: jurisdiction and appeals.

Increase in sentences available to sheriff and district courts.

Increased rights of appeal of prosecutor.

Scottish Criminal Cases Review Commission.

Designated life prisoners.

Automatic sentences: jurisdiction and appeals.

Appeal against automatic sentence where earlier conviction quashed.

Increased rights of appeal of prosecutor.

Scottish Criminal Cases Review Commission.

Proof of age.

Supervision and care of persons diverted from prosecution or subject to supervision requirement.

Fixed payments.

Certification of previous convictions in criminal proceedings.

Liberation of child by police.

Confiscation of alcohol from persons under 18.

Criminal legal assistance.

Fixed payments.

Liberation of child by police.

Powers of the court on remand or committal of children and young persons.

Precognitions.

Certification of previous convictions in criminal proceedings.

Confiscation of alcohol from persons under 18.

The Public Records Act 1958 (c.51)

The Police (Scotland) Act 1967 (c.77)

The Firearms Act 1968 (c.27)

The Superannuation Act 1972 (c.11)

The House of Commons Disqualification Act 1975 (c.24)

The Sexual Offences (Scotland) Act 1976 (c.67)

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

The Criminal Justice (Scotland) Act 1980 (c.62)

The Mental Health (Scotland) Act 1984 (c.36.)

The Repatriation of Prisoners Act 1984 (c.47)

The Foster Children (Scotland) Act 1984 (c.56)

The Legal Aid (Scotland) Act 1986 (c.47)

The Prisons (Scotland) Act 1989 (c.45)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

The Criminal Justice and Public Order Act 1994 (c.33)

The Criminal Justice (Scotland) Act 1995 (c.20)

The Children (Scotland) Act 1995 (c.36)

The Criminal Law (Consolidation)(Scotland) Act 1995 (c.39)

The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 (c.40)

The Proceeds of Crime (Scotland) Act 1995 (c.43)

The Criminal Procedure (Scotland) Act 1995 (c.46.)

Editorial notes

[^c441592]: Act extends to Scotland only except s. 4(3)(5) which extends to Great Britain, s. 37(4) which extends to the United Kingdom, and coextensive amendments/repeals see s. 65(5)(6)(7).

[^c441600]: 1971 c.38.

[^c441601]: 1994 c.37.

[^c441602]: 1995 c.43

[^c441603]: S.I. 1996/1299 (N.I. 9).

[^c441604]: S. 3 partly in force; s. 3 not in force at Royal Assent see s. 65(2); s. 3 in force for certain purposes at 20.10.1997 by S.I. 19972323, art. 3, Sch. 1

[^c441605]: 1975 c. 21.

[^c441606]: 1955 c.18.

[^c441607]: 1955 c.19.

[^c441608]: 1957 c. 53.

[^c441609]: S. 4 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 140, Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441610]: S. 5 wholly in force at 1.7.1998; s. 5 not in force at Royal Assent see s. 65(2); s. 5 in force for certain purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1; s. 5 in force insofar as not already in force at 1.7.1998 by S.I. 1997/2323, art. 5(1)

[^c441611]: 1984 c.36.

[^c441614]: 1995 c.40.

[^c441615]: 1995 c.39.

[^c441616]: S. 15 wholly in force at 1.1.1998; s. 15 not in force at Royal Assent see s. 65(2); s. 15 in force for certain purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1; s. 15 in force insofar as not already in force at 1.1.1998 by S.I. 1997/2323, art. 4, Sch. 2 (with art. 7)

[^c441617]: 1988 c.52.

[^c441618]: 1988 c.53.

[^c441625]: S. 16 partly in force; s. 16 not in force at Royal Assent see s. 65(2); s. 16 in force for certain purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1

[^c441626]: Words in s. 16(2) inserted (retrospective to 20.10.1997) by 1998 c. 37, s. 109(1)(2)

[^c441627]: Words in s. 16(3) substituted (8.10.2001) by 2001 asp 7, s. 1(8)(a)(i); S.S.I. 2001/274, art. 3(3)

[^c441628]: Words in s. 16(3)(a)(4)(a) repealed (8.10.2001) by 2001 asp 7, s. 1(8)(a)(ii)(b)(i); S.S.I. 2001/274, art. 3(3)

[^c441629]: Words in s. 16(3)(b)(4)(b) substituted (8.10.2001) by 2001 asp 7, s. 1(8)(a)(iii)(b)(ii); S.S.I. 2001/274, art. 3(3)

[^c441630]: S. 16(3A)-(3C) inserted (retrospective to 20.10.1997) by 1998 c. 37, s. 109(1)(3)

[^c441635]: S. 18 partly in force; s. 18 not in force at Royal Assent see s. 65(2); s. 18 in force for certain purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1

[^c441636]: S. 19 partly in force; s. 19 not in force at Royal Assent see s. 65(2); s. 19 in force for certain purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1

[^c441637]: S. 20 wholly in force at 1.4.1999; s. 20 not in force at Royal Assent see s. 65(2); s. 20 in force for certain purposes at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); s. 20 in force insofar as not already in force at 1.4.1999 by S.I. 1999/652, art. 2, Sch. (with art. 3)

[^c441638]: S. 24 wholly in force at 1.7.1998; s. 24 not in force at Royal Assent see s. 65(2); s. 24 in force for certain purpose at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); s. 24 in force insofar as not already in force at 1.7.1998 by S.I. 1997/2323, art. 5(1)

[^c441639]: S. 25 wholly in force at 1.4.1999; s. 25 not in force at Royal Assent see s. 65(2); s. 25 in force for certain purposes at 1.1.1998 by S.I. 1997/3004, art. 2, Sch.; s. 25 in force insofar as not already in force at 1.4.1999 by S.I. 1999/652, art. 2, Sch. (with art. 3)

[^c441640]: 1975 c.26.

[^c441641]: 1967 c.77.

[^c441642]: 1972 c. 11.

[^c441643]: 1972 c. 11.

[^c441644]: 1984 c.36.

[^c441645]: 1983 c.20.

[^c441646]: S.I. 1986/595 (N.I.4).

[^c441648]: 1984 c. 39.

[^c441649]: 1993 c. 24.

[^c441650]: 1995 c.25.

[^c441651]: 1968 c.49.

[^c441652]: 1995 c.46.

[^c441655]: Pt. III Ch. 1 (ss. 33-41) repealed (30.9.1998) by 1998 c. 37, ss. 108, 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(w)(aa)(3)(y)

[^c441664]: 1993 c.9.

[^c441665]: 1994 c.33.

[^c441666]: 1993 c.9.

[^c441667]: 1994 c.33.

[^c441672]: S. 47 wholly in force at 17.11.1997; s. 47 not in force at Royal Assent see s. 65(2); s. 47(1)(a)(b)(d)(2)-(5) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); s. 47 in force insofar as not already in force at 17.11.1997 by S.I. 1997/2694, art. 2(1)(2)(a)

[^c441673]: 1997 c.48.

[^c441674]: 1982 c.45.

[^c441675]: 1984 c.36.

[^c441676]: 1995 c.39.4

[^c441677]: 1883 c.3.

[^c441678]: 1937 c.37.

[^c441679]: 1968 c.27.

[^c441680]: 1984 c.37.

[^c441681]: S. 49 wholly in force at 1.10.1998; s. 49 not in force at Royal Assent see s. 65(2); s. 49 in force for certain purposes at 1.10.1997, for certain further purposes at 1.4.1998 and for all purposes at 1.10.1998 by S.I. 1997/2323, art. 6(1), Sch. 3

[^c441682]: 1995 c.36.

[^c441683]: 1967 c.77.

[^c441684]: 1976 c.66.

[^c441686]: S. 62 partly in force, s. 62 not in force at Royal Assent see s. 65(2); s. 62 in force for certain purposes at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); s. 62(1) in force for certain further purposes at 1.10.1997 by S.I. 1997/2323, art. 6(2); s. 62 in force for certain further purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1; s. 62(2) in force for certain further purposes at 17.11.1997 by S.I. 1997/2694, art. 2(1)(2)(c); s. 62 in force for certain further purposes at 1.1.1998 by S.I. 1997/2323, art. 4, Sch. 2; s. 62(1) in force for certain purposes at 1.1.1998 by S.I. 1997/3004, art. 2, Sch.; s. 62 in force for certain further purposes at 1.7.1998 by S.I. 1997/2323, art. 5(2); s. 62 in force for certain further purposes at 1.4.1999 by S.I. 1999/652, art. 2, Sch. (with art. 3)

[^c441687]: S. 63 wholly in force at 1.1.1998; s. 63 not in force at Royal Assent see s. 65(2); s. 63(1)(a)(iii)(c)(2) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); s. 63(1)(b) in force at 1.10.1997 by S.I. 1997/2323, art. 6(3); s. 63(1)(a)(i) in force at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1; s. 63(1)(a)(ii) in force at 1.1.1998 by S.I. 1997/3004, art. 2, Sch.

[^c441689]: 1984 c.36.

[^c441690]: 1986 c.47.

[^c441691]: 1989 c.45.

[^c441692]: 1993 c.9.

[^c441693]: 1995 c.46.

[^c441694]: S. 65 partly in force; s. 65 not in force at Royal Assent see s. 65(2); s. 65(1)(5)(7) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5)

[^c441695]: S. 65(2) power partly exercised (10.7.1997): 1.8.1997 appointed for specified provisions by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5) S. 65(2) power partly exercised (24.9.1997): different dates appointed for specified provisions by S.I. 1997/2323, arts. 3-6, Schs. 1-3 (with art. 7) S. 65(2) power partly exercised (10.11.1997): 17.11.1997 appointed for specified provisions by S.I.1997/2694, art. 2 S. 65(2) power partly exercised (12.12.1997): 1.1.1998 appointed for specified provisions by S.I. 1997/3004, art. 2, Sch. S. 65(2) power partly exercised (28.2.1999): 1.4.1999 appointed for specified provisions by S.I. 1999/652, art. 2, Sch.

[^c441702]: Sch. 1 para. 1 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 141(1)(a), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(2)(pp)(3)(y)

[^c441703]: 1975 c.21.

[^c441704]: 1995 c.46.

[^c441705]: 1996 c.16.

[^c441706]: 1995 c.40.

[^c441707]: 1995 c. 46.

[^c441709]: Sch. 1 para. 9 partly in force; Sch. 1 para. 9 not in force at Royal Assent see s. 65(2); Sch. 1 para. 9(1)(3)(b)(4)-(6)(10)(14) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts 4, 5); Sch. 1 para. 9(2)(3)(a)(8)(9)(15)(16) in force at 1.1.1998 by S.I. 1997/2323, art. 4, Sch. 2

[^c441730]: Sch. 1 para. 10(2)(a) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 121(1)(a), Sch. 10; S.I. 1998/2327, art. 2(1)(Y)(aa)(2)(pp)(3)(y)

[^c441731]: 1995 c.46.

[^c441727]: Sch. 1 para. 10 partly in force; Sch. 1 para. 10 not in force at Royal Assent see s. 65(2); Sch. 1 para. 10(1)(2)(b) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); Sch. 1 para. 10(3) in force at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1

[^c441732]: 1937 c.37.

[^c441733]: 1995 c.36.

[^c441734]: Sch. 1 para. 12 partly in force; Sch. 1 para. 12 not in force at Royal Assent see s. 65(2); Sch. 1 para. 12(1)(7) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); Sch. 1 para. 12(5)(6) in force at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1

[^c441738]: Sch. 1 para. 13(3) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 141(1)(a), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441735]: Sch. 1 para. 13 partly in force; Sch. 1 para. 13 not in force at Royal Assent see s. 65(2); Sch. 1 para. 13(1)(2)(4) in force at 1.1.1998 by S.I. 1997/2323, art. 4, Sch. 2

[^c441744]: Sch. 1 para. 14(2)(a)(3)(e)(4)-(7)(9)(10)(a)(11)(b)(12)(13)-(15)(17) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 141(1)(b), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441750]: 1997 c.43.

[^c441751]: 1997 c. 43.

[^c441754]: 1997 c.43.

[^c441760]: Sch. 1 para. 14(16) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 141(2); S.I. 1998/2327, art. 2(1)(y)(2)(pp)

[^c441739]: Sch. 1 para. 14 partly in force; Sch. 1 para. 14 not in force at Royal Assent see s. 65(2); Sch. 1 para. 14(1)(2)(b)(3)(a)-(d)(8)(10)(b)(11)(a)(18) in force at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1

[^c441762]: 1989 c.45.

[^c441764]: 1995 c.46.

[^c441763]: Sch. 1 para. 18 partly in force; Sch. 1 para. 18 not in force at Royal Assent see s. 65(2); Sch. 1 para. 18(1)(2)(b)(3)-(8) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5)

[^c441769]: Sch. 1 para. 21(3) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 141(1)(a), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441770]: 1984 c.36.

[^c441767]: Sch. 1 para. 21 partly in force; Sch. 1 para. 21 not in force at Royal Assent see s. 65(2); Sch. 1 para. 21(1)(2)(4)(9)-(15)(17)(19)-(22)(30)(32)(34)(b) in force at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); Sch. 1 para. 21(33)(a) in force at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1; Sch. 1 para. 21(23)(25)(31) in force for certain purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch.; Sch. 1 para. 21(5)(8)(35) in force at 1.1.1998 by S.I. 1997/2323, art. 4, Sch. 2; Sch. 1 para. 21(16)(18)(26)(33)(b)(34)(a) in force at 1.4.1999 by S.I. 1999/652, art. 2, Sch. (with art. 3)

[^c441701]: Sch. 1: amendments/repeals are coextensive with the enactments they affect see s. 65(7).

[^c441697]: Sch. 2 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 142, Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441771]: Sch. 3 partly in force; Sch. 3 not in force at Royal Assent see s. 65(2); Sch. 3 in force for certain purposes at 1.8.1997 by S.I. 1997/1712, art. 3, Sch. (with arts. 4, 5); Sch. 3 in force for certain further purposes at 20.10.1997 by S.I. 1997/2323, art. 3, Sch. 1; Sch. 3 in force for certain further purposes at 17.11.1997 by S.I. 1997/2694, art. 2(1)(2)(d); Sch. 3 in force for certain further purposes at 1.1.1998 by S.I. 1997/2323, art. 4, Sch. 2; Sch. 3 in force for certain further purposes at 1.4.1999 by S.I. 1999/652, art. 2, Sch. (with art. 3)

[^c441773]: Sch. 3: repeals are coextensive with the enactments they affect see s. 65(7).

[^c441774]: Words in entry in Sch. 3 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 143(2), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441775]: Words in entry in Sch. 3 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 143(3)(a), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441782]: Words in entry in Sch. 3 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 143(3)(b), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441787]: Words in entry in Sch. 3 repealed (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 143(3)(c)(i); S.I. 1998/2327, art. 2(1)(y)(2)(pp)

[^c441788]: Words in entry in Sch. 3 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 143(3)(c)(ii), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^c441789]: Words in entry in Sch. 3 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 143(3)(d), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y)

[^key-c382c1dc28acddc5ea3aaed5f5eeab28]: S. 15(3) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 33(a), Sch. 12; S.S.I. 2003/210, art. 2(1)(b)(2), Sch. (with art. 7)

[^key-b050aca0d5d813317ed66256a90bb99d]: Sch. 1 para. 20 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 33(b), Sch. 12; S.S.I. 2003/210, art. 2(1)(b)(2), Sch. (with art. 7)

[^key-3b003e7838409f7ed3f0c401e02dc09a]: S. 1 repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(3), 89(2); S.S.I. 2003/288, art. 2, Sch.

[^key-929f0cf5ec2bb652184e9984dcf48cb7]: S. 16(4) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), s. 89(2), Sch. 5; S.S.I. 2003/288, art. 2, Sch.

[^key-cb598e6fc90b1be0dc2eaa3a5739d294]: Sch. 1 para. 10(3) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 37 Pt. 8

[^key-e26e289348fb444861bd8f689c883aac]: S. 13(1)(3)(4) in force at 1.5.2004 by S.S.I. 2004/176, art. 2 (with art. 3)

[^key-325780edfb069e3be95bbeafc776b6de]: S. 7 repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

[^key-1cdfc5b13fb540b1e1bec06f86d7cd14]: S. 8 repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

[^key-2bd1f4d7f02065c033fb7599c2d0cd93]: Sch. 1 para. 9 repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

[^key-877783178cf164e9731af403059ef229]: The entry relating to the Protection of Animals (Scotland) Act 1912 in Sch. 3 repealed (3.11.2006) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006 (S.S.I. 2006/536), art. 1, Sch. 3

[^key-4ac8be77e5551dc218190ee16e80c466]: Sch. 1 para. 19(2) repealed (3.11.2006) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006 (S.S.I. 2006/536), art. 1, Sch. 3

[^key-d1fd007f0fbe82c7848be8c82a5cb357]: S. 61(7) inserted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 8(5) (with s. 143); S.S.I. 2007/472, art. 3