Criminal Justice and Licensing (Scotland) Act 2010

“short-term community licence” has the same meaning as in Part 2 of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17);”.

.

SCHEDULE 4

PART 1 — THE 1995 ACT

The 1995 Act

1

The 1995 Act is amended as follows.

2

In section 23C(2)(d)(i) (previous convictions to be taken into consideration in determining bail), for “outwith Scotland” substitute “ by courts outside the European Union ”.

3

In section 27 (breach of bail conditions: offences), after subsection (3) insert—

(3A) The reference in subsection (3)(b) to any previous conviction of an offence under subsection (1)(b) includes any previous conviction by a court in England and Wales, Northern Ireland or a member State of the European Union other than the United Kingdom of an offence that is equivalent to an offence under subsection (1)(b). (3B) The references in subsection (3)(c) to subsection (3) are to be read, in relation to a previous conviction by a court referred to in subsection (3A), as references to any provision that is equivalent to subsection (3). (3C) Any issue of equivalence arising in pursuance of subsection (3A) or (3B) is for the court to determine.

.

4

In section 202(2) (deferred sentence), for “Great Britain” substitute “ the United Kingdom or in another member State of the European Union ”.

5

In section 204 (restrictions on passing sentence of imprisonment or detention)—

• (a) in each of subsections (1) and (2), after “United Kingdom” insert “ or in another member State of the European Union ”, and

• (b) after subsection (4) insert—

(4A) The court shall, for the purpose of determining whether a person has been previously sentenced to imprisonment or detention by a court in a member State of the European Union other than the United Kingdom— (a) disregard any previous sentence of imprisonment which, being the equivalent of a suspended sentence, has not taken effect; (b) construe detention as meaning an equivalent sentence to any of those mentioned in subsection (4)(b). (4B) Any issue of equivalence arising in pursuance of subsection (4A) is for the court to determine.

.

6

In section 205B (minimum sentence for third conviction of certain offences relating to drug trafficking)—

• (a) in subsection (1)(b), for “been convicted in any part of the United Kingdom of two other class A drug trafficking offences” substitute “ two previous convictions for relevant offences ”, and

• (b) after subsection (1) insert—

(1A) In subsection (1), “relevant offence” means— (a) in relation to a conviction by a court in any part of the United Kingdom, a class A drug trafficking offence; (b) in relation to a conviction by a court in a member State of the European Union other than the United Kingdom, an offence that is equivalent to a class A drug trafficking offence. (1B) Any issue of equivalence arising in pursuance of subsection (1A)(b) is for the court to determine.

.

7

In section 275A (disclosure of accused's previous convictions where court allows questioning or evidence under section 275)—

• (a) in subsection (10)—

• (i) the word “or” immediately following paragraph (a) is repealed, and

• (ii) after paragraph (a) insert—

(aa) a conviction by a court in England and Wales, Northern Ireland or a member State of the European Union other than the United Kingdom of an offence that is equivalent to one to which section 288C of this Act applies by virtue of subsection (2) thereof; or

, and

• (b) after subsection (10) insert—

(10A) Any issue of equivalence arising in pursuance of subsection (10)(aa) is for the court to determine.

.

8

In section 307 (interpretation)—

• (a) in subsection (1), insert the following definition at the appropriate place—

“conviction”, in relation to a previous conviction by a court outside Scotland, means a final decision of a criminal court establishing guilt of a criminal offence;

, and

• (b) for subsection (5) substitute—

(5) Except where the context requires otherwise— (a) any reference in this Act to a previous conviction is to be construed as a reference to a previous conviction by a court in any part of the United Kingdom or in any other member State of the European Union; (b) any reference in this Act to a previous sentence is to be construed as a reference to a previous sentence passed by any such court; (c) any reference to a previous conviction of a particular offence is to be construed, in relation to a previous conviction by a court outside Scotland, as a reference to a previous conviction of an equivalent offence; and (d) any reference to a previous sentence of a particular kind is to be construed, in relation to a previous sentence passed by a court outside Scotland, as a reference to a previous sentence of an equivalent kind.

.

PART 2 — OTHER ENACTMENTS

The 1982 Act

9

In section 58 of the 1982 Act, after subsection (4) insert—

(4A) In subsection (4), the reference to a conviction for theft includes a reference to a conviction by a court in England and Wales, Northern Ireland or a member State of the European Union other than the United Kingdom of an offence that is equivalent to theft. (4B) Any issue of equivalence arising in pursuance of subsection (4A) is for the court to determine.

.

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

10

In section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (interpretation of Part 1), insert at the appropriate place—

“previous conviction” means a previous conviction by a court in any part of the United Kingdom or in any other member State of the European Union;

.

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

11

• (1) Section 9 of the Criminal Law (Consolidation) (Scotland) Act 1995 (permitting girl to use premises for intercourse) is amended as follows.

• (2) In subsection (2A)—

• (a) the word “or” immediately following paragraph (a) is repealed, and

• (b) after paragraph (a) insert—

(aa) that person has a previous conviction for a relevant foreign offence committed against a person under the age of 16; or

.

• (3) In subsection (3)—

• (a) the word “and” immediately following paragraph (a) is repealed, and

• (b) after paragraph (a) insert—

(aa) “a previous conviction for a relevant foreign offence” has the same meaning as in section 39(5)(aa) of that Act; and

.

The Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

12

In section 4(1) of the Custodial Sentences and Weapons (Scotland) Act 2007 (basic definitions for purposes of Part 2), insert at the appropriate place—

“previous conviction” means a previous conviction by a court in any part of the United Kingdom or , where the court considers it to be appropriate, in any ... member State of the European Union,

.

The Sexual Offences (Scotland) Act 2009 (asp 9)

13

• (1) Section 39 of the Sexual Offences (Scotland) Act 2009 (defences in relation to offences against older children) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a)—

• (i) the word “or” immediately following sub-paragraph (i) is repealed, and

• (ii) after sub-paragraph (i) insert—

(ia) if A has a previous conviction for a relevant foreign offence committed against a person under the age of 16, or

, and

• (b) in paragraph (b)—

• (i) the word “or” immediately following sub-paragraph (i) is repealed, and

• (ii) after sub-paragraph (i) insert—

(ia) if B has a previous conviction for a relevant foreign offence committed against a person under the age of 16, or

.

• (3) In subsection (5), after paragraph (a) insert—

(aa) “a previous conviction for a relevant foreign offence” means a previous conviction by a court in a member State of the European Union other than the United Kingdom for an offence that is equivalent to one listed in paragraph 1, 4, 7, 10, 13 (so far as applying to an offence listed in paragraph 1, 4, 7 or 10) or 14 of schedule 1,

.

• (4) After subsection (5) insert—

(5A) Any issue of equivalence arising in pursuance of subsection (5)(aa) is for the court to determine. (5B) For that purpose, an offence may be equivalent to one listed in paragraph 1, 4, 7, 10, 13 (so far as applying to an offence listed in paragraph 1, 4, 7 or 10) or 14 of schedule 1 even though, under the law of the member State (or part of the member State) in question, it is an offence— (a) regardless of the age of the victim, or (b) only if committed against a person under an age other than 16 years.

.

SCHEDULE 5

Interpretation

1

In this schedule—

• “commencement” means the day on which section 90 comes into force,

• “pre-commencement anonymity order” means an order made by a court before commencement under any rule of law relating to the power of the court to make an order for securing that the identity of a witness in criminal proceedings is withheld from the accused (or, on a defence application, from other accused),

• “witness anonymity order” has the meaning given by section 271N of the 1995 Act.

Pre-commencement anonymity orders: appeals

2

• (1) This paragraph applies where—

• (a) the High Court of Justiciary is considering an appeal against a conviction in a case where the trial began before commencement, and

• (b) the court from which the appeal lies (“the trial court”) made a pre-commencement anonymity order in relation to a witness at the trial.

• (2) The High Court—

• (a) may not quash the conviction solely on the ground that the trial court had no power under any rule of law to make the order mentioned in sub-paragraph (1)(b), but

• (b) must quash the conviction if it considers that, as a result of the order, the accused did not receive a fair trial.

SCHEDULE 6

1

The 2005 Act is amended in accordance with the following paragraphs.

2

In section 4 (the licensing objectives), subsection (2) is repealed.

3

In section 21 (notification of premises licence applications), subsection (5) is repealed.

4

In section 22 (objections and representations), subsection (2) is repealed.

5

In section 23 (determination of premises licence application), for subsection (6) substitute—

(6) In considering whether the granting of the application would be inconsistent with one or more of the licensing objectives, the Licensing Board must in particular take into account— (a) any conviction, notice of which is given by the appropriate chief constable under subsection (4)(b) of section 21, and (b) any report given by the appropriate chief constable under section 24A(2).

.

6

• (1) Section 24 (applicant's duty to notify Licensing Board of convictions) is amended as follows.

• (2) In subsection (8)(b), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

• (3) For subsection (10) substitute—

(10) In considering for the purposes of section 23 whether the granting of the application would be inconsistent with one or more of the licensing objectives, the Licensing Board must take into account, in addition to the matters in subsection (6) of that section— (a) any conviction confirmation of which is given by the appropriate chief constable in a notice under subsection (7)(b) of this section, or (b) any recommendation of the chief constable included in such a notice.

.

7

• (1) Section 33 (transfer of premises licence on application of licence holder) is amended as follows.

• (2) For subsections (7) to (9) substitute—

(7) On giving a notice under subsection (6)(a) or (b), if the appropriate chief constable considers that it is necessary for the purposes of any of the licensing objectives that the application for the transfer of the licence to the transferee be refused, the chief constable may include in the notice a recommendation to that effect. (8) Where, in relation to an application under subsection (1)— (a) the Licensing Board receives a notice under subsection (6)(a), and (b) the notice does not include a recommendation under subsection (7), the Board must grant the application. (9) In any other case, the Licensing Board must hold a hearing for the purpose of considering and determining the application.

.

• (3) In subsection (10)(a), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

8

In section 44 (procedure where Licensing Board receives notice of conviction), in subsection (5)(b), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

9

In section 57 (notification of occasional licence application to chief constable and Licensing Standards Officer), subsection (2) is repealed.

10

• (1) Section 59 (determination of occasional licence application) is amended as follows.

• (2) In subsection (2), paragraph (a) is repealed.

• (3) Subsection (7) is repealed.

11

In section 69 (notification of extended hours application), in subsection (2), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

12

In section 73 (notification of personal licence application to chief constable), for subsection (4) substitute—

(4) On giving a notice under subsection (3)(a) or (b), if the appropriate chief constable considers that it is necessary for the purposes of any of the licensing objectives that the personal licence application be refused, the chief constable may include in the notice a recommendation to that effect.

.

13

• (1) Section 74 (determination of personal licence application) is amended as follows.

• (2) In subsection (5), for paragraph (b) substitute—

(b) the notice received from the appropriate chief constable under subsection (3)(a) or (b) of section 73 includes a recommendation under subsection (4) of that section,

.

• (3) After subsection (5) insert—

(5A) If— (a) all of those conditions are met in relation to the applicant, (b) the Board has received from the appropriate chief constable a notice under subsection (3)(b) of section 73, and (c) the notice does not include a recommendation under subsection (4) of that section, the Board may hold a hearing for the purpose of considering and determining the application. (5B) If the Board decides not to hold a hearing under subsection (5A), the Board must grant the application.

.

• (4) In subsection (6)—

• (a) after “subsection (5)” insert “ or (5A) ”, and

• (b) in paragraph (a), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

14

• (1) Section 75 (applicant's duty to notify Licensing Board of convictions) is amended as follows.

• (2) In subsection (7)(b), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

• (3) In subsection (9)—

• (a) the word “and” immediately following paragraph (a) is repealed, and

• (b) after paragraph (b) add

, and (c) references in it to a recommendation under section 73(4) include references to a recommendation under subsection (7) of this section.

.

15

• (1) Section 83 (procedure where Licensing Board receives notice of conviction) is amended as follows.

• (2) In subsection (5)(b), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

• (3) In subsection (8)(c), for “the crime prevention objective” substitute “ any of the licensing objectives ”.

16

After section 84 insert—

(84A) (1) If a chief constable considers that any personal licence holder has acted in a manner which is inconsistent with any of the licensing objectives, the chief constable may report the matter to the relevant Licensing Board. (2) Where a Licensing Board receives a report from a chief constable under subsection (1), the Board must hold a hearing. (3) Subsections (6), (7) and (8)(a) of section 84 and subsection (1)(b) of section 85 apply in relation to a hearing under subsection (2) of this section as they apply in relation to a hearing under subsection (3)(a) or (5) of section 84. (4) In subsection (1), “relevant Licensing Board” has the meaning given in section 83(11).

.

17

In section 148 (index of defined expressions), in the table, the entry relating to “crime prevention objective” is repealed.

18

In schedule 1 (Licensing Boards), in paragraph 10(4), the words from “, or no notice” to the end are repealed.

SCHEDULE 7

The Libel Act 1792 (c.60)

1

The Libel Act 1792 is repealed.

The Criminal Libel Act 1819 (c.8)

2

The Criminal Libel Act 1819 is repealed.

The False Oaths (Scotland) Act 1933 (c.20)

3

The False Oaths (Scotland) Act 1933 is repealed.

The Public Records (Scotland) Act 1937 (c.43)

4

In section 14 of the Public Records (Scotland) Act 1937 (interpretation)—

• (a) for the definition of “court records” substitute—

“court records” includes (in addition to records of the ordinary courts) records of the Scottish Land Court;

, and

• (b) for subsection (2) substitute—

(2) Any question as to whether or not a document is part of the records of a particular court is to be determined— (a) in the case of the High Court, by the Lord Justice General, (b) in any other case, by the Lord President.

.

The Law Officers Act 1944 (c.25)

5

In section 2(3) of the Law Officers Act 1944 (Lord Advocate and Solicitor General for Scotland), for the words from “three” to the end substitute “ 287 of the Criminal Procedure (Scotland) Act 1995 (c.46) ”.

The Defamation Act 1952 (c.66)

6

In the Defamation Act 1952, section 17(2) is repealed.

The Rehabilitation of Offenders Act 1974 (c.53)

7

The Rehabilitation of Offenders Act 1974 is amended as follows.

8

In section 1 (rehabilitated persons and spent convictions), in subsection (4)(b), after “insanity” insert “ or, as the case may be, a finding that a person is not criminally responsible under section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46) ”.

9

In section 6(6)(bb) (convictions in service disciplinary proceedings), for “the Schedule” substitute “ Schedule 1 ”.

10

The Schedule (service disciplinary proceedings) is renumbered as Schedule 1.

The Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34)

11

In Schedule 1 to the Evidence (Proceedings in Other Jurisdictions) Act 1975 (consequential amendments), the paragraph relating to the False Oaths (Scotland) Act 1933 is repealed.

The 1982 Act

12

The 1982 Act is amended as follows.

13

In section 52 (indecent photographs etc. of children), subsection (7) is repealed.

14

In section 64 (appeals against orders in relation to public processions), in subsection (6), for “paragraph (a)(ii)” substitute “ paragraph (a)(i) ”.

The Incest and Related Offences (Scotland) Act 1986 (c.36)

15

The Incest and Related Offences (Scotland) Act 1986 is repealed.

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

16

In section 22 of the Legal Aid (Scotland) Act 1986 (automatic availability of criminal legal aid), in subsection (1)—

• (a) in paragraph (da), for “he is insane so that his trial cannot proceed or continue;” substitute “ the accused is unfit for trial under section 53F of the Criminal Procedure (Scotland) Act 1995; ”, and

• (b) in paragraph (dc), for “in case involving insanity” substitute “ where accused found not criminally responsible or unfit for trial ”.

The Criminal Justice (Scotland) Act 1987 (c.41)

17

In the Criminal Justice (Scotland) Act 1987, sections 51 to 54 (investigation of serious or complex fraud) are repealed.

The Criminal Justice Act 1988 (c.33)

18

In the Criminal Justice Act 1988, in Schedule 15 (minor and consequential amendments), paragraphs 89, 111 and 117 are repealed.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)

19

In section 243(4)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction of offence of conspiracy: Scotland), the words “or sedition” are repealed.

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

20

In the Criminal Justice and Public Order Act 1994, in section 164 (extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland), subsections (3) and (4) are repealed.

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

21

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

22

Section 16 (powers of search) is repealed.

23

In section 23 (interpretation of Part 2), in the definition of “period of a designated sporting event”, for “in” substitute “ it ”.

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

24

In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (minor and consequential amendments), in paragraph 44, sub-paragraph (2) is repealed.

The 1995 Act

25

The 1995 Act is amended as follows.

26

After section 5 insert—

(5A) The competence of a sheriff to sign any warrant, judgment, interlocutor or other document relating to any proceedings within the sheriff's jurisdiction extends to competence to do so at any other place in Scotland.

.

27

In section 10A (jurisdiction for transferred cases)—

• (a) after subsection (1) insert—

(1A) The jurisdiction of a JP court includes jurisdiction for any cases which come before it by virtue of section 137CA, 137CB or 137CC of this Act.

,

• (b) in subsection (2)—

• (i) the word “and” immediately following paragraph (a) is repealed,

• (ii) after paragraph (a) insert—

(aa) power to prosecute in any cases which come before a JP court of that district by virtue of a provision mentioned in subsection (1A) above;

, and

• (iii) in paragraph (b), for “criminal proceedings which otherwise come before that sheriff” substitute “ the other cases which come before that sheriff when exercising criminal jurisdiction or (as the case may be) before that JP court ”, and

• (c) for subsection (3) substitute—

(3) This section is without prejudice to sections 4 to 10 of this Act.

.

28

In section 11 (certain offences committed outside Scotland)—

• (a) in subsection (3), for “proceeded against, indicted” substitute “ prosecuted ”, and

• (b) in subsection (4), for “dealt with, indicted” substitute “ prosecuted ”.

29

In section 17A (right of person accused of sexual offence to be told about restriction on conduct of defence: arrest), in subsection (1)—

• (a) for paragraphs (za) and (a) substitute—

(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,

, and

• (b) in paragraph (c), for the words from “preliminary” to “trial” substitute “ hearing ”.

30

In section 18(8)(c) (power to take prints etc. under authority of a warrant unaffected by section), for “prints, impressions” substitute “ relevant physical data ”.

31

In section 19(1)(b) (samples etc. taken from person convicted of offence), the words “impression or”, in both places where they occur, are repealed.

32

In section 19A (samples etc. from persons convicted of sexual and violent offences), in subsection (6), in paragraph (a) of the definition of “conviction”, for the words from “, by” to the end substitute “ by reason of the special defence set out in section 51A of this Act; ”.

33

Section 20 (use of prints, samples, etc.) is repealed.

34

In section 22 (liberation by police), subsections (1H), (2), (4), (4A) and (5) are repealed.

35

In section 23A (bail and liberation where person already in custody)—

• (a) in each of subsections (1) and (4), for “23 or 65(8C)” substitute “ 23, 65(8C) or 107A(7)(b) ”, and

• (b) in subsection (3), for “22A(3) or 23(7)” substitute “ 22A(3), 23(7) or 107A(7)(b) ”.

36

In section 35 (judicial examination), in subsection (4A)—

• (a) for paragraphs (za) and (a) substitute—

(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,

, and

• (b) in paragraph (c), for the words from “preliminary” to “trial” substitute “ hearing ”.

37

In section 55(4) (acquittal at examination of facts)—

• (a) for the words from “insane” to “omission” substitute “ not, because of section 51A of this Act, criminally responsible for the conduct ”, and

• (b) for “on the ground of such insanity” substitute “ by reason of the special defence set out in that section ”.

38

The title of section 57 (disposal of case where accused found to be insane) is amended by substituting “not criminally responsible or unfit for trial” for “to be insane” and the cross-heading which precedes it is amended by substituting “ where accused found not criminally responsible ” for “in case of insanity”.

39

In section 57 (disposal of case where accused found to be insane), in subsection (1)(a), for the words from “, by” to “omission” substitute “ acquitted by reason of the special defence set out in section 51A of this Act ”.

40

In section 60C(7) (disapplication of provision where person acquitted on ground of insanity)—

• (a) after “apply” insert “ in a case where the person is acquitted by reason of the special defence set out in section 51A of this Act. ”, and

• (b) paragraphs (a) and (b) are repealed.

41

In section 61 (requirements as to medical evidence)—

• (a) in subsection (1), the words “under section 54(1)(a) of this Act or” are repealed,

• (b) in subsection (3), the words “or 54(1)(a)” are repealed, and

• (c) in subsection (5), for “the said section 54(1)” substitute “ section 54(1)(c) of this Act ”.

42

The title of section 62 (appeal by accused in case involving insanity) is amended by substituting “ not criminally responsible or unfit for trial ” for “in case involving insanity” and the section is amended as follows—

• (a) in subsection (1)(a), for “insane” substitute “ unfit for trial ”, and

• (b) in subsection (2)(b)(iii), for the words from “virtue” to “omission” substitute “ reason of the special defence set out in section 51A of this Act ”.

43

The title of section 63 (appeal by prosecutor in case involving insanity) is amended by substituting “ where accused found not criminally responsible or unfit for trial ” for “in case involving insanity” and subsection (1) of that section is amended as follows—

• (a) in paragraph (a), for “insane” substitute “ unfit for trial ”,

• (b) for paragraph (b) substitute—

(b) an acquittal by reason of the special defence set out in section 51A of this Act;

, and

• (c) in paragraph (c), for the words from “on” to “omission” substitute “ by reason of the special defence set out in section 51A of this Act ”.

44

In section 66 (service and lodging of indictment etc.), in subsection (6A)(a)—

• (a) for sub-paragraphs (zi) and (i) substitute—

(i) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,

, and

• (b) in sub-paragraph (iii), for the words from “preliminary” to “trial” substitute “ hearing ”.

45

In section 71 (first diet)—

• (a) in subsection (A1), for the words “his defence at the trial” substitute “ the conduct of his case at any relevant hearing in the course of the proceedings ”,

• (b) in subsection (B1)(c), for the words “before the trial diet” substitute “ in relation to any hearing in the course of the proceedings ”,

• (c) in subsection (1A)(a), for “the trial” substitute “ any hearing in the course of the proceedings ”,

• (d) in subsection (1B)(a), for “the trial” substitute “ any hearing in the course of the proceedings ”,

• (e) in subsection (5A)(b), for the words “his defence at the trial” substitute “ the conduct of his case at any relevant hearing in the course of the proceedings ”, and

• (f) after subsection (7), insert—

(7A) In subsections (A1) and (5A)(b), “relevant hearing” means— (a) in relation to proceedings mentioned in paragraph (a) of subsection (B1), any hearing at, or for the purposes of, which a witness is to give evidence, (b) in relation to proceedings mentioned in paragraph (b) of that subsection, a hearing referred to in section 288E(2A), (c) in relation to proceedings mentioned in paragraph (c) of that subsection, a hearing in respect of which an order is made under section 288F.

.

46

In section 78(2) (which attracts the procedure for notifying special defences in relation to certain other defences), after “apply” insert “ to a plea of diminished responsibility or ”.

47

In section 79 (preliminary pleas and preliminary issues), in subsection (2)(b)(ii), after “under section” insert “ 22ZB(3)(b), ”.

48

In section 85 (juries: citation and attendance of jurors), in subsection (6), after “section 1” insert “ or 1A ”.

49

In section 90D (review of orders under section 90B(1)(a) or (b)), in subsection (3)(b), for “any other any” substitute “ any other ”.

50

In section 102A (failure of accused to appear), for paragraph (b) of subsection (4) substitute—

(b) section 27(7) of this Act,

.

51

In section 118(5) (disposal of appeal from solemn proceedings where High Court considers appellant to have been insane)—

• (a) for “insane when he did so” substitute “ not, because of section 51A of this Act, criminally responsible for it ”, and

• (b) for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of this Act ”.

52

In section 136A (time limits for transferred and related cases), in subsection (1)—

• (a) in paragraph (a)(i), for “in pursuance of section 137A(1)” substitute “ under section 137A or 137CA ”, and

• (b) in paragraph (a)(ii), for “in pursuance of section 137B(1), (1A) or (1C)” substitute “ under 137B or 137CB ”.

53

In section 137B (transfer of sheriff court summary proceedings outwith sheriffdom), in subsection (4), for “a sheriff who has made an order under subsection (2A) above” substitute “ the sheriff who has made an order under subsection (2A) above (or another sheriff of the same sheriffdom) ”.

54

In section 140 (citation), in subsection (2A)—

• (a) for paragraph (a) substitute—

(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,

, and

• (b) in paragraph (c), for the words “his defence at the trial” substitute “ the conduct of his case at, or for the purposes of, the hearing ”.

55

In section 144 (procedure at first diet), in subsection (3A)—

• (a) for paragraph (a) substitute—

(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,

, and

• (b) in paragraph (c), for the words “his defence at the trial” substitute “ the conduct of his case at, or for the purposes of, the hearing ”.

56

In section 146 (plea of not guilty), in subsection (3A)—

• (a) for paragraph (a) substitute—

(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,

, and

• (b) in paragraph (c), for the words “his defence at the trial” substitute “ the conduct of his case at, or for the purposes of, the hearing ”.

57

The title of section 190 (disposal of appeal where appellant insane) is amended by substituting “ not criminally responsible ” for “insane”.

58

In section 190—

• (a) in subsection (1), for “insane when he did so” substitute “ not, because of section 51A of this Act, criminally responsible for it ”, and

• (b) for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of this Act ”.

59

In section 247 (effect of probation and absolute discharge)—

• (a) in subsection (1), for the words from “placing” to “him” substitute “ discharging the offender ”,

• (b) in subsection (2), the words “placed on probation or” are repealed, and

• (c) subsection (6) is repealed.

60

In section 254 (search warrant for forfeited articles)–

• (a) the existing provision becomes subsection (1), and

• (b) after that subsection insert—

(2) In subsection (1), “article” includes animal.

.

61

In section 258 (uncontroversial evidence), after subsection (4A) insert—

(4AA) Where in summary proceedings the relevant diet for the purposes of subsection (4A) above is an intermediate diet, an application under that subsection may be made at (or at any time before) that diet.

.

62

In section 307 (interpretation), in subsection (1), after the definition of “treatment order”, insert—

“unfit for trial” has the meaning given by section 53F of this Act;

.

The Offensive Weapons Act 1996 (c.26)

63

In the Offensive Weapons Act 1996, section 5 is repealed.

The Defamation Act 1996 (c.31)

64

In the Defamation Act 1996, section 20(2) is repealed.

The Crime and Punishment (Scotland) Act 1997 (c.48)

65

The Crime and Punishment (Scotland) Act 1997 is amended as follows.

66

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

67

In section 13 (increase in sentences available to sheriff and district courts), subsection (2) is repealed.

68

In section 56 (powers of the court on remand or committal of children and young persons), subsection (3) is repealed.

The Terrorism Act 2000 (c.11)

69

In paragraph 30 of Part II of Schedule 5 to the Terrorism Act 2000 (explanations), in sub-paragraph (3)(a), for “section 2 of the False Oaths (Scotland) Act 1933” substitute “ section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) ”.

The Protection of Children (Scotland) Act 2003 (asp 5)

70

In section 10 of the Protection of Children (Scotland) Act 2003 (referral of individuals acquitted of offence against a child on ground of insanity), in subsection (11)(a)—

• (a) in sub-paragraph (i), for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46) ”, and

• (b) in sub-paragraph (ii), for “the Criminal Procedure (Scotland) Act 1995 (c.46)” substitute “ that Act ”.

The Criminal Justice (Scotland) Act 2003 (asp 7)

71

In section 3 of the Criminal Justice (Scotland) Act 2003 (the Risk Management Authority), in paragraph (b) of subsection (2), for “to be insane” substitute “ not criminally responsible or unfit for trial ”.

The Legal Deposit Libraries Act 2003 (c.28)

72

Section 10 of the Legal Deposit Libraries Act 2003 (exemption from liability: activities in relation to publications) is amended as follows—

• (a) in subsection (1), the words “, or subject to any criminal liability,” are repealed,

• (b) in subsection (2)(a), the words “in the case of liability in damages” are repealed,

• (c) in subsection (3), the words “, or subject to any criminal liability,” are repealed,

• (d) in subsection (4)(a), the words “in the case of liability in damages” are repealed,

• (e) in subsection (6)(a), the words “, or subject to any criminal liability,” are repealed, and

• (f) in subsection (8), the words “and criminal liability” are repealed.

The Sexual Offences Act 2003 (c.42)

73

In section 135 of the Sexual Offences Act 2003 (interpretation: mentally disordered persons), after subsection (2) insert—

(2A) In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.

.

The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)

74

In the Criminal Procedure (Amendment) (Scotland) Act 2004 the following provisions are repealed—

• (a) in section 4 (prohibition on accused conducting case in person in certain cases), subsection (4),

• (b) section 17 (bail conditions: remote monitoring of restrictions on movements), and

• (c) in the schedule (further modifications of the 1995 Act), paragraph 55.

The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

75

In section 8 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (effect of conviction etc. under section 7 above or section 128 of Sexual Offences Act 2003)—

• (a) in subsection (1)—

• (i) the word “or” immediately following paragraph (c) is repealed, and

• (ii) after paragraph (c) insert—

(ca) is acquitted by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or

, and

• (b) in subsection (5)—

• (i) in paragraph (a), for “(1)(a), (c) or (d)” substitute “ (1)(a) or (c) to (d) ”, and

• (ii) in paragraph (c), for “(1)(a), (c) or (d)” substitute “ (1)(a) or (c) to (d) ”.

The Management of Offenders etc. (Scotland) Act 2005 (asp 14)

76

In section 10 of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders)—

• (a) in subsection (1)—

• (i) in paragraph (c)(i), for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of that Act of 1995 ”, and

• (ii) in paragraph (d), for the words from “section 54(1)” to the end substitute “ section 53F of that Act of 1995 (unfitness for trial) to be unfit for trial; ”, and

• (b) in subsection (11)(a), for “to be insane” substitute “ not criminally responsible or unfit for trial ”.

The Serious Organised Crime and Police Act 2005 (c.15)

77

In section 65 of the Serious Organised Crime and Police Act 2005 (restrictions on the use of statements), in subsection (2)(c), for “section 2 of the False Oaths (Scotland) Act 1933 (c.20)” substitute “ section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) ”.

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

78

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

79

In section 7 (liberation on undertaking), in subsection (2), paragraphs (c), (e), (f) and (g) are repealed.

80

In section 74 (appointment of stipendiary magistrates), subsection (6) is repealed.

81

After section 74 insert—

(74A) (1) A stipendiary magistrate may, by reason of holding that office— (a) exercise the same judicial and signing functions as are exercisable by a JP, (b) do so in the same manner as a JP (including by using the title of office of JP). (2) For the purpose of subsection (1)— (a) the acts of a stipendiary magistrate are valid as if the magistrate were a JP, (b) it does not matter if an enactment from which a JP derives authority to act in a specific case does not bear to give equivalent authority to a stipendiary magistrate. (3) However, subsections (1) and (2) are subject to any provision of an enactment which expressly excludes a stipendiary magistrate from acting in a specific case. (4) This section does not limit any other functions of a stipendiary magistrate (in particular, those exercisable in that capacity only).

.

82

In section 76 (signing functions)—

• (a) in subsection (2), for “signing functions in the same manner as” substitute “ the same signing functions as are exercisable by ”, and

• (b) subsection (4) is repealed.

83

In the schedule (modification of enactments)—

• (a) paragraph 3(b) is repealed, and

• (b) in paragraph 26––

• (i) the words “(in addition to the provisions amended by paragraphs 7(4) and 16(a))” are repealed, and

• (ii) sub-paragraph (b) is repealed.

The Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

84

In section 32 of the Protection of Vulnerable Groups (Scotland) Act 2007 (relevant offences etc.), in subsection (3)(b)(i), for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of the 1995 Act ”.

The Counter-Terrorism Act 2008 (c.28)

85

In section 45 of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements), in subsection (2)(b)—

• (a) in sub-paragraph (ii), for the words from “on grounds of insanity” to the end substitute “ by reason of the special defence set out in section 51A of that Act (criminal responsibility of persons with mental disorder), or ”, and

• (b) in sub-paragraph (iii), for the words from “the Criminal” to “facts)” substitute “ that Act (examination of facts where person unfit for trial) ”.

The Sexual Offences (Scotland) Act 2009 (asp 9)

86

In section 55(7) of the Sexual Offences (Scotland) Act 2009 (offences committed outside the United Kingdom), for “proceeded against, indicted” substitute “ prosecuted ”.

The Coroners and Justice Act 2009 (c.25)

87

In section 156 of the Coroners and Justice Act 2009 (exploitation proceeds orders: qualifying offenders)—

• (a) in subsection (2)—

• (i) the word “or” immediately following paragraph (b) is repealed, and

• (ii) after paragraph (b) insert—

(ba) has been acquitted by such a court of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or

, and

• (b) in subsection (3)(a)—

• (i) the word “or” immediately following sub-paragraph (ii) is repealed, and

• (ii) after sub-paragraph (ii) insert—

(iia) such a court has made, in respect of a foreign offence, a finding equivalent to a finding of the person's acquittal by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or

.

The Council's objectives

High Court's power to require preparation or review of sentencing guidelines

Non-harassment orders

Short periods of detention

Amendments of Custodial Sentences and Weapons (Scotland) Act 2007

Early removal of certain short-term prisoners from the United Kingdom

Detention of children convicted on indictment

Extended sentences for certain sexual offences

Offences aggravated by racial or religious prejudice

Mutual recognition of judgments and probation decisions

Offences aggravated by connection with serious organised crime

Genocide, crimes against humanity and war crimes: retrospective application

Sale and hire of knives and certain other articles to persons under 18

Offensive weapons etc.

Offence of stalking

Indecent images of children

Extreme pornography

Voyeurism: additional forms of conduct

Sexual offences: defences in relation to offences against older children

Penalties for offences of brothel-keeping and living on the earnings of prostitution

People trafficking

Alternative charges for fraud and embezzlement

Abolition of offences of sedition and leasing-making

Prosecution of children

Witness statements

Bail conditions: remote monitoring requirements

Prosecution on indictment: Scottish Law Officers

Transfer of justice of the peace court cases

Dockets and charges in sex cases

Remand and committal of children and young persons

Meaning of “organisation”

Proceedings on indictment against organisations

Prosecution of organisations by summary procedure

Manner of citation of organisations in summary proceedings

Prohibition of personal conduct of case by accused in certain proceedings

Disclosure of convictions and non-court disposals

Time limits for lodging certain appeals

Prosecutor's right of appeal

Power of High Court in appeal under section 107A of 1995 Act

Further amendment of 1995 Act

Retention of samples etc.

Retention of samples etc. taken or provided in connection with certain fixed penalty offences

Extension of section 19A of 1995 Act

Use of samples etc.

Referrals from Scottish Criminal Cases Review Commission: grounds for appeal

Witness statements: use during trial

Spouse or civil partner of accused a compellable witness

Special measures for child witnesses and other vulnerable witnesses

Child witnesses in proceedings for people trafficking offences

Amendment of Criminal Justice (Scotland) Act 2003

Witness anonymity orders

Television link evidence

European evidence warrants

Lists of jurors

Upper age limit for jurors

Excusal from jury service

Persons excusable from jury service

Closure of premises associated with human exploitation etc.

Sexual offences prevention orders

Foreign travel orders

Sex offender notification requirements

Risk of sexual harm orders

Risk of sexual harm orders: spent convictions

Obtaining information from outwith United Kingdom

Grant of authorisations for surveillance

Authorisations to interfere with property etc.

Amendments of Part 5 of Police Act 1997

Public defence solicitors

Compensation for miscarriages of justice

Compensation orders

Meaning of “information”

Criminal responsibility of persons with mental disorder

Abolition of common law rules

Conditions to which licences under 1982 Act are to be subject

Licensing: powers of entry and inspection for civilian employees

Licensing of taxis and private hire cars

Licensing of street trading: food hygiene certificates

Licensing of public entertainment

Licensing of late night catering

Applications for licences

Premises licence applications: statements about disabled access etc.

Reviews of premises licences: notification of determinations

Provisional premises licences: duration

Premises licence applications: food hygiene certificates

Provision of copies of licences to chief constable

Occasional licences

Extended hours applications: variation of conditions

Appeals

Further modifications of 2005 Act

Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

Orders and regulations

Membership

Procedure for appointment of members

Persons disqualified from membership

Term of office

Resignation and removal of members

Suspension of judicial members

Chairing of the Council

Committees

Proceedings

Validity of acts

Ancillary powers

Delegation

Maladministration

Freedom of information

The 1995 Act

The Firearms Act 1968 (c.27)

The Social Work (Scotland) Act 1968 (c.49)

The Rehabilitation of Offenders Act 1974 (c.53)

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

The Local Government and Planning (Scotland) Act 1982 (c.43)

The 1982 Act

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

The Road Traffic Offenders Act 1988 (c.53)

The Jobseekers Act 1995 (c.18)

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

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

The Crime and Punishment (Scotland) Act 1997 (c.48)

The Crime and Disorder Act 1998 (c.37)

The Powers of Criminal Courts (Sentencing) Act 2000 (c.6)

The Criminal Justice and Court Services Act 2000 (c.43)

The Social Security Fraud Act 2001 (c.11)

The Justice (Northern Ireland) Act 2002 (c.26)

The Criminal Justice (Scotland) Act 2003 (asp 7)

The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

The Criminal Justice Act 2003 (c.44)

The Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

The Management of Offenders etc. (Scotland) Act 2005 (asp 14)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

The Criminal Justice and Immigration Act 2008 (c.4)

Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

The 1995 Act

The 1995 Act

The 1982 Act

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

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

The Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

The Sexual Offences (Scotland) Act 2009 (asp 9)

Interpretation

Pre-commencement anonymity orders: appeals

The Libel Act 1792 (c.60)

The Criminal Libel Act 1819 (c.8)

The False Oaths (Scotland) Act 1933 (c.20)

The Public Records (Scotland) Act 1937 (c.43)

The Law Officers Act 1944 (c.25)

The Defamation Act 1952 (c.66)

The Rehabilitation of Offenders Act 1974 (c.53)

The Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34)

The 1982 Act

The Incest and Related Offences (Scotland) Act 1986 (c.36)

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

The Criminal Justice (Scotland) Act 1987 (c.41)

The Criminal Justice Act 1988 (c.33)

The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)

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

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

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

The 1995 Act

The Offensive Weapons Act 1996 (c.26)

The Defamation Act 1996 (c.31)

The Crime and Punishment (Scotland) Act 1997 (c.48)

The Terrorism Act 2000 (c.11)

The Protection of Children (Scotland) Act 2003 (asp 5)

The Criminal Justice (Scotland) Act 2003 (asp 7)

The Legal Deposit Libraries Act 2003 (c.28)

The Sexual Offences Act 2003 (c.42)

The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)

The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

The Management of Offenders etc. (Scotland) Act 2005 (asp 14)

The Serious Organised Crime and Police Act 2005 (c.15)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

The Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

The Counter-Terrorism Act 2008 (c.28)

The Sexual Offences (Scotland) Act 2009 (asp 9)

The Coroners and Justice Act 2009 (c.25)

Editorial notes

[^key-61bbe77e1e5867b085d908caa60f53c1]: S. 178(3)(e) in force at 16.8.2010 for specified purposes by S.S.I. 2010/297, art. 2

[^key-4ea910e837efeef7fb0a56bdf88abf57]: S. 38 in force at 6.10.2010 by S.S.I. 2010/339, art. 2

[^key-5b7bec333753dabe72c72e3f072b5301]: S. 97 in force at 6.10.2010 by S.S.I. 2010/339, art. 2

[^key-f4ff037e2f007674ab5236f4d4cd582f]: S. 108(1) in force at 12.10.2010 for specified purposes by S.S.I. 2010/344, art. 2(b)(i)

[^key-b33f486802f812b966c62f1fff29a4d9]: S. 108(4) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(b)(ii)

[^key-ac0340b7e8e8c3c2e0466f71b00937bf]: S. 83 in force at 5.11.2010 by S.S.I. 2010/385, art. 2 (with arts. 3, 4)

[^key-9f34581a3c7a8d65cbf73855cdc88c76]: S. 43 in force at 1.12.2010 by S.S.I. 2010/357, art. 2(b)

[^key-39b8f6d6e0490bd33155fdfdebfdbce2]: S. 44 in force at 1.12.2010 by S.S.I. 2010/357, art. 2(b)

[^key-4cb62c281710c1393068bcec147b9381]: S. 63 in force at 1.12.2010 by S.S.I. 2010/357, art. 2(b)

[^key-991bd5b3928bee9ec6ec87d1c1de0a04]: S. 23 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-cf3b2131a143749732e5fa91007e0a23]: S. 25 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-239226d02ddd3d00b1507a495c6b20d0]: S. 26 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-06b328dd450fc292b91047733651c110]: S. 28 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-90b12bb596e3cd10df160e61a4a321e5]: S. 29 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-98f5b0f7e70ee8f74402e47b71c009ef]: S. 30 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-c17d48972076b196a84ecc3b18b1cb5f]: S. 31 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-6ffad815e4e983b5b242db122df27e5b]: S. 34 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-d862238f890427f687e76ec418b4e851]: S. 37 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-e526be314faf009c021a4ff6bffbeefe]: S. 39 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-1367365a8e3e4af13d7aad51ac82a07a]: S. 40 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with art. 4)

[^key-99460929e79d8e25a487c421b6038dca]: S. 41 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-8119ec1a45b478cde6ec428865df0bf8]: S. 45 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-9c416cab09c2eb6b5328319d3bdeb700]: S. 56 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-a61b7ee522383066291616712b759018]: S. 59 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-231fa877474b5d65d1e057334566bec6]: S. 60 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with art. 5)

[^key-60db442866a027c8ac77ea72ef2812c1]: S. 64 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-a556dee6e1a20d600dc63b816e0a3f90]: S. 71 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-96ac3cc8dca4c1dd4613b51ea6bef769]: S. 80 in force at 13.12.2010 for specified purposes by S.S.I. 2010/413, art. 2, Sch.

[^key-fcf73ac060bd8278a34c7767da65bb0e]: S. 93 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-62fe84add63a1bc4ebc3aece306e3c77]: S. 99 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with art. 6)

[^key-2e7c56c883cc0708b8f68ff8eefa6ea5]: S. 101 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-fc69a85cae984340c97cccf1a1461f50]: S. 104 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-bee07c4552b614f38099386c56a3669c]: S. 105 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-8d40b7246f97549a0c79021ba56a6e87]: S. 111 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-ce3b23fa7bfa59ef2a29403b086f6475]: S. 112 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-f33bbaab7008ab0486e9b5f95ee22ade]: S. 113 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with art. 7)

[^key-688f56a09345e9b31362dbe9105aeffa]: S. 114 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-84604c52c957ffee3c3a143b1d443fa4]: S. 173 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-e8c47794bd99124c3279928cb73291bf]: S. 180 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-651d162b2199e1cdf7cd62974eccd1ae]: S. 181 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-3652dad670aa42a93b2bffb3403b5935]: S. 183 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-5709821962429d8d49b9c44b83e681bb]: S. 184(1)(3)(a)(i)(b) in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-d2b5d182bc651e18091df135da0bf09f]: S. 184(2) in force at 13.12.2010 for specified purposes by S.S.I. 2010/413, art. 2, Sch.

[^key-7c15bec1de3153cb03e086546740b311]: S. 184(3)(a)(ii) in force at 13.12.2010 for specified purposes by S.S.I. 2010/413, art. 2, Sch.

[^key-b86aabf72f43365ea877f332dd0e0471]: S. 185 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with art. 8)

[^key-3c901b8c99b2e4736e48fdabcea62b97]: S. 187 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-8bad31208c7494ddad84a9a6ca541aba]: S. 188(1)(3) in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-a3e6ca4cc5f9eec26534e39216218ecb]: S. 192 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-e2b293d70a376a8c992adeef1683add6]: S. 193 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-621312b1aa0507afc56d89f7b2263b9b]: S. 194 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-73664c70509fa62dcb607ea5f5e5e4b7]: S. 195(2) in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-105bd4bd0e9ce22c805dc75862d99b63]: S. 195(1) in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-f6f132df180159231d61bff96b441c14]: S. 195(3) in force at 13.12.2010 for specified purposes by S.S.I. 2010/413, art. 2, Sch.

[^key-fa43e4efc7513ab4bc20e231b815bcbd]: S. 196 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch. (with Sch.)

[^key-4783c363d79ef28e2e5ca047a306dcf5]: S. 198 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-8aa8b6598c835f1c119c7d14a4d7a894]: S. 199 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

[^key-d6fcad9d8828e164daec07622d1205f1]: Sch. 2 para. 1 in force at 1.2.2011 by S.S.I. 2010/413, art. 2, Sch. (with art. 3)

[^key-aa4f7d751de2944b61a9300ee0312eed]: Sch. 2 para. 2 in force at 1.2.2011 by S.S.I. 2010/413, art. 2, Sch. (with art. 3)

[^key-c5f1e7f706c83b24ececc245880f108e]: Sch. 2 para. 3 in force at 1.2.2011 by S.S.I. 2010/413, art. 2, Sch. (with art. 3)

[^key-3b565feea67cca55daf67616b8d28b9d]: Sch. 2 para. 4 in force at 1.2.2011 by S.S.I. 2010/413, art. 2, Sch. (with art. 3)