LegalizeThe Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 8) Order 2009
Made: 1st December 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by section84(1) and(2) of the Criminal Proceedingsetc. (Reform) (Scotland) Act 2007[^f00001].
Citation
1
This Order may be cited as the Criminal Proceedingsetc. (Reform) (Scotland) Act2007 (Commencement No.8) Order 2009.
Interpretation
2
In this Order—
- “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and
- “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995[^f00002].
Commencement
3
- (1) The provisions of the 2007Act specified in column1 of Schedule 1, the subject matter being specified in column2, come into force on 14th December 2009.
- (2) The provisions of the 2007 Act specified in column 1 of Schedule 2, the subject matter being specified in column2, come into force on 22nd February 2010.
- (3) The coming into force of the provisions listed in Schedules 1 and 2 are subject to any exceptions or limitations on extent specified in those Schedules.
- (4) Where a particular purpose or area is specified in relation to any provision in column1 of Schedule 1 or 2, that provision shall come into force, on 14th December 2009 or 22ndFebruary 2010 as the case may be, for that purpose or in that area only.
SCHEDULE 1 — PROVISIONS COMING INTO FORCE ON 14th DECEMBER 2009
| Column 1 (provisions of the 2007 Act) | Column 2 (subject matter) |
|---|---|
| Section59(1), (3), (4), (5) and (7), in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | Establishing JPcourts |
| Section62, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | Area and territorial jurisdiction of JPcourts |
| Section68(4) and (5), but only for the Sheriffdom of North Strathclyde | Conditions of Office |
| Section74, but only for the Sheriffdom of North Strathclyde | Appointment of stipendiary magistrates |
| Section75, but only for the Sheriffdom of North Strathclyde | Stipendiary magistrates: further provision |
| Section77(2), (3) and (5) but only for the Sheriffdom of North Strathclyde | Records and validity of appointmentetc. |
| Section80, in so far as not already commenced, for the purpose of bringing into force the following paragraphs of the schedule | Modification of enactments |
| Schedule, paragraph4, but only for the Sheriffdom of North Strathclyde | Modification of the Education (Scotland) Act 1980[^f00003] |
| Schedule, paragraph7, but only for the Sheriffdom of North Strathclyde | Modification of the Road Traffic Offenders Act 1988[^f00004] |
| Schedule, paragraph9(1) to(6), but only for the Sheriffdom of North Strathclyde | Modification of the 1995 Act |
| Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates and only for the Sheriffdom of North Strathclyde | Modification of the 1995 Act |
| Schedule, paragraph20(3)(b), but only for the Sheriffdom of North Strathclyde | Modification of the 1995 Act |
| Schedule, paragraph22, but only for the Sheriffdom of North Strathclyde | Modification of the 1995 Act |
| Schedule, paragraph25(a) and (d), but only for the Sheriffdom of North Strathclyde | Modification of the 1995 Act |
| Schedule, paragraph26, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | Modification of the 1995 Act |
| Schedule, paragraph27, in so far as not already commenced, but only for the Sheriffdom of North Strathclyde | Modification of the Bail, Judicial Appointmentsetc. (Scotland) Act 2000[^f00005] |
| Schedule, paragraph30(a), but only for the Sheriffdom of North Strathclyde | Modification of the Criminal Justice (Scotland) Act 2003[^f00006] |
| Schedule, paragraph32(b) and(c), but only for the Sheriffdom of North Strathclyde | Modification of the Antisocial Behaviouretc. (Scotland) Act 2004[^f00007] |
| Schedule, paragraph33(1) and(2), but only for the Sheriffdom of North Strathclyde and except for the purposes of any statutory instrument made under the 2007Act | Enactments generally: references to district court and justices of the peace |
SCHEDULE 2 — PROVISIONS COMING INTO FORCE ON 22nd FEBRUARY 2010
| Column 1 (provisions of the 2007 Act) | Column 2 (subject matter) |
|---|---|
| Section59, in so far as not already commenced | Establishing JPcourts |
| Section62, in so far as not already commenced | Area and territorial jurisdiction of JPcourts |
| Section68, in so far as not already commenced | Conditions of Office |
| Section74, in so far as not already commenced | Appointment of stipendiary magistrates |
| Section75, in so far as not already commenced | Stipendiary magistrates: further provision |
| Section77, in so far as not already commenced | Records and validity of appointmentetc. |
| Section80, in so far as not already commenced, for the purpose of bringing into force the following paragraphs of the schedule | Modification of enactments |
| Schedule, paragraph4, in so far as not already commenced | Modification of the Education (Scotland) Act 1980 |
| Schedule, paragraph7, in so far as not already commenced | Modification of the Road Traffic Offenders Act 1988 |
| Schedule, paragraph9(1) to(6), in so far as not already commenced | Modification of the 1995 Act |
| Schedule, paragraph 9(7), in so far as not already commenced, but only in so far as it applies to stipendiary magistrates | Modification of the 1995 Act |
| Schedule, paragraph20(3)(b), in so far as not already commenced | Modification of the 1995 Act |
| Schedule, paragraph22, in so far as not already commenced | Modification of the 1995 Act |
| Schedule, paragraph25, in so far as not already commenced | Modification of the 1995 Act |
| Schedule, paragraph26, in so far as not already commenced | Modification of the 1995 Act |
| Schedule, paragraph27, in so far as not already commenced | Modification of the Bail, Judicial Appointmentsetc. (Scotland) Act 2000 |
| Schedule, paragraph30(a), in so far as not already commenced | Modification of the Criminal Justice (Scotland) Act 2003 |
| Schedule, paragraph32, in so far as not already commenced | Modification of the Antisocial Behaviouretc. (Scotland) Act 2004 |
| Schedule, paragraph33(1) and(2), in so far as not already commenced, except for the purposes of any statutory instrument made under the 2007Act | Enactments generally: references to district court and justices of the peace |
Signed
KENNY MACASKILL — A member of the Scottish Executive — 1st December 2009
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
The Criminal Proceedingsetc. (Reform) (Scotland) Act 2007 (“the2007 Act”) received Royal Assent on 22ndFebruary 2007.
Article3(1) of, and Schedule1 to, this Order bring into force various provisions of the 2007 Act, which will apply to the Sheriffdom of North Strathclyde from 14th December 2009. The provisions coming into force on that date together with the relevant subject matter are listed in Schedule 1 to the Order.
Article 3 (2) of, and Schedule 2 to, this Order bring various provisions of the 2007 Act fully into force throughout Scotland on 22nd February 2010.
The provisions commenced by this Order go hand‑in‑hand with the establishment of justice of the peace courts (“JPcourts”) (and the associated disestablishment of district courts) in the Sheriffdoms of North Strathclyde and South Strathclyde, Dumfries and Galloway. The Justice of the Peace Courts (Sheriffdom of North Strathclyde) etc. Order 2009 (S.S.I. 2009/331) (as amended by the Justice of the Peace Courts (Sheriffdom of North Strathclyde) etc. Amendment Order 2009 (S.S.I. 2009/409)) and the Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) etc. Order 2009 (S.S.I. 2009/332) make provision as to the establishment and disestablishment of those courts.
The Justice of the Peace Courts (Sheriffdom of Lothian and Borders)etc. Order 2008 (S.S.I.2008/31) made provision in relation to the establishment of JPcourts in the Sheriffdom of Lothian and Borders on 10thMarch 2008. The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008 (S.S.I.2008/93) (as amended by the Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Amendment Order 2008 (S.S.I.2008/179)) made provision in relation to the establishment of JPcourts in the Sheriffdom of Grampian, Highland and Islands on 2ndJune 2008. The Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Order 2008 (S.S.I. 2008/328) (as amended by the Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Amendment Order 2008 (S.S.I. 2008/374)) made provision in relation to the establishment of a JP court in the Sheriffdom of Glasgow and Strathkelvin on 8th December 2008. The Justice of the Peace Courts (Sheriffdom of Tayside, Central and Fife) Order 2008 (S.S.I. 2008/363) (as amended by the Justice of the Peace Courts (Sheriffdom of Tayside, Central and Fife) Amendment Order 2009 (S.S.I. 2009/20) made provision for the establishment of JP Courts in the Sheriffdom of Tayside, Central and Fife on 23rd February 2009.
Footnotes
[^f00001]: 2007 asp6.
[^f00002]: 1995 c.46.
[^f00003]: 1980 c.44.
[^f00004]: 1988 c.53. Paragraph7(a) and (d) of the Schedule to the Criminal Proceedingsetc. (Reform) (Scotland) Act 2007 was amended by the Criminal Proceedingsetc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order2007 (S.I.2007/3480) to take account of amendments made to the Road Traffic Offenders Act 1988 by that Order.
[^f00005]: 2000 asp9.
[^f00006]: 2003 asp7.
[^f00007]: 2004 asp8.
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