Legalize / United Kingdom / Public General Act

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

Type Public General Act

Publication 1995-11-08

Last updated 2020-12-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(9) In subsection (7) of section 64 (commencement of proceedings against owner of vehicle) for the words “section 331(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136(1) of the Criminal Procedure (Scotland) Act 1995 ”.

(10) In subsection (1) of section 89 (interpretation), in the definition of “court of summary jurisdiction” for the words “section 462(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 307(1) of the Criminal Procedure (Scotland) Act 1995 ”.

Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

72

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Extradition Act 1989 (c. 33)

73

In subsection (13) of section 10 of the Extradition Act 1989 (bail in connection with appeal)—

(a) for the words “section 446(2) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 177(2) and (3) of the Criminal Procedure (Scotland) Act 1995 ”; and

(b) for the words “section 444” there shall be substituted the words “ section 176 ”.

Companies Act 1989 (c. 40)

74

(1) The Companies Act 1989 shall be amended as follows.

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

(3) In subsection (4) of section 91 (jurisdiction and procedure for offences) for the words “section 74 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 70 of the Criminal Procedure (Scotland) Act 1995 ”.

Prisons (Scotland) Act 1989 (c. 45)

75

(1) The Prisons (Scotland) Act 1989 shall be amended as follows.

(2) In subsection (1) of section 11 (removal of prisoners for judicial and other purposes), for the words “section 279 of the 1975 Act” there shall be substituted the words “ section 132 of the 1995 Act ”.

(3) In subsection (3) of section 21 (transfer to prison of young offenders) for the words “the 1975 Act” where they first occur there shall be substituted the words “ the 1995 Act ”.

(4) In section 39 (prison rules)—

(a) in subsection (5), for the words “section 279 of the 1975 Act” there shall be substituted the words “ section 132 of the 1995 Act ”; and

(b) in subsection (7), for the words “section 206 of the 1975 Act” there shall be substituted the words “ section 208 of the 1995 Act ”.

(5) For subsection (3) of section 40 (persons unlawfully at large) there shall be substituted the following subsection—

(3) In this section— (a) any reference to a person sentenced to imprisonment shall be construed as including a reference to any person sentenced or ordered to be detained under section 44, 205 or 208 of the 1995 Act; (b) any reference to a prison shall be construed as including a reference to a place where the person is liable to be detained under the sentence or order; and (c) any reference to a sentence shall be construed as including a reference to an order under the said section 44.

(6) After section 40 there shall be added the following section—

(40A) (1) On an application being made to a justice alleging that any person is an offender unlawfully at large from a prison or other institution to which this Act or, as the case may be, the Prison Act 1952 or the Prison Act (Northern Ireland) 1953 applies in which he is required to be detained after being convicted of an offence, the justice may issue a warrant to arrest him and bring him before any sheriff. (2) Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied that he is an offender unlawfully at large as mentioned in subsection (1) above, order him to be returned to the prison or other institution where he is required or liable to be detained.

(7) In subsection (1) of section 43 (interpretation) for the definition of “the 1975 Act” there shall be substituted the following—

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

76

(1) The Criminal Justice (International Co-operation) Act 1990 shall be amended as follows.

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

(3) In paragraph 2 of Schedule 1, for the words “section 320 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 156 of the Criminal Procedure (Scotland) Act 1995 ”.

Computer Misuse Act 1990 (c. 18)

77

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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

78

In subsection (4) of section 20 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (destination of fine imposed for professional misconduct) for the words “section 203 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 211(5) of the Criminal Procedure (Scotland) Act 1995 ”.

The Northern Ireland (Emergency Provisions) Act 1991 (c. 24)

79

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Criminal Justice Act 1991 (c. 53)

80

(1) The Criminal Justice Act 1991 shall be amended as follows.

(2) In subsection (3) of section 24 (deduction of fines from income support)—

(a) in paragraph (a) for the words “section 196(2) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 211(4) of the Criminal Procedure (Scotland) Act 1995 ”;

(b) in paragraph (b) for the words “section 66 of the Criminal Justice (Scotland) Act 1980” there shall be substituted the words “ section 252 of the Criminal Procedure (Scotland) Act 1995 ”; and

(c) in paragraph (c) for the words “section 403(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995 ”.

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

Dangerous Dogs Act 1991 (c. 65)

81

In subsection (9) of section 4 of the Dangerous Dogs Act 1991 (destruction and disqualification orders)—

(a) for the words “section 411 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 221 of the Criminal Procedure (Scotland) Act 1995 ”; and

(b) for the words “Part II” there shall be substituted the words “ Part XI ”.

82

In subsection (7) of section 116 of the Social Security Administration Act 1992—

(a) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136 of the Criminal Procedure (Scotland) Act 1995 ”; and

(b) for the words “section 331 of the said Act of 1975” there shall be substituted the words “ section 136 of the said Act of 1995 ”.

Timeshare Act 1992 (c. 35)

83

In subsection (3) of section 11 of the Timeshare Act 1992 (prosecution time limit), for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136 of the Criminal Procedure (Scotland) Act 1995 ”.

Friendly Societies Act 1992 (c. 40)

84

In subsection (5) of section 107 of the Friendly Societies Act 1992 (prosecution time limit), for the words “section 331(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136(1) of the Criminal Procedure (Scotland) Act 1995 ”.

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

85

In subsection (6) of section 45A of the Trade Union and Labour Relations (Consolidation) Act 1992 (prosecution time limit), for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136 of the Criminal Procedure (Scotland) Act 1995 ”.

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

86

(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

(2) Subject to any specific amendment under this paragraph, for the words “1975 Act” where they occur there shall be substituted the words “ 1995 Act ”.

(3) In subsection (1) of section 5 (fine defaulters) for paragraph (a) there shall be substituted the following paragraph—

(a) under section 219 of the 1995 Act (imprisonment for non-payment of fine) or, by virtue of that section, under section 207 of that Act (detention of young offenders);

(4) Section 6 (application of Part to young offenders etc) shall be amended as follows—

(a) in paragraph (a) for the words “section 207(2) or 415(2)” there shall be substituted the words “ section 207(2) ”;

(b) for the words “section 205” there shall be substituted the words “ section 205(1) to (3) ”;

(d) for the words “section 207(2)” there shall be substituted the words “ section 207(2) ”.

(5) In section 7 (children detained in solemn proceedings) for the words “section 206” where they occur there shall be substituted the words “ section 208 ”.

(6) In section 11 (duration of licence)—

(a) in subsection (3), for the words “section 212A” there shall be substituted the words “ section 209 ”; and

(b) in paragraph (b) of that subsection, for the words from “the” in the second place where it occurs to the end there shall be substituted—

there has elapsed— (i) a period (reckoned from the date on which he was ordered to be returned to prison under or by virtue of subsection (2)(a) of that section) equal in length to the period between the date on which the new offence was committed and the date on which he would (but for his release) have served the original sentence in full; or (ii) subject to subsection (4) below, a total period equal in length to the period for which he was so ordered to be returned to prison together with, so far as not concurrent with that period, any term of imprisonment to which he was sentenced in respect of the new offence, whichever results in the later date. (4) In subsection (3)(b) above, “the original sentence” and “the new offence” have the same meanings as in section 16 of this Act.

(7) Section 14 (supervised release of short term prisoners) shall be amended as follows—

(a) in subsection (2)—

(i) for the words “section 212A(1)” there shall be substituted the words “ section 209(1) ”; and

(ii) for the words “section 212A(2) to (6)” there shall be substituted the words “ section 209(3) to (7) ”;

(b) in subsection (3) for the words “section 212A(2)” there shall be substituted the words “ section 209(3) ”; and

(8) In subsection (4) of section 15 (variation of supervised release order) for the words “section 212A(2)(b)” there shall be substituted the words “ section 209(3)(b) ”.

(9) In section 16 (commission of offence by released prisoner)—

(a) in subsection (6), for the words “section 254(3) or 453C(1)” there shall be substituted the words “ section 118(4) or 189(1) and (2) ”; and

(b) for subsection (7) there shall be substituted the following subsection—

(7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence— (a) the making of the order shall have the effect of revoking the licence; and (b) if the sentence comprising— (i) the period for which the person is ordered to be returned to prison; and (ii) so far as not concurrent with that period, any term of imprisonment to which he is sentenced in respect of the new offence, is six months or more but less than four years, section 1(1) of this Act shall apply in respect of that sentence as if for the word “unconditionally” there were substituted the words “on licence”.

(10) In subsection (1) of section 27 (interpretation of Part I), for the words “section 212A” where they occur there shall be substituted the words “ section 209 ”.

(11) In section 46 (interpretation) the definition of “the 1975 Act” shall cease to have effect and at the end there shall be inserted the following definition—

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995

Agriculture Act 1993 (c. 37)

87

In subsection (5) of section 52 of the Agriculture Act 1993 (prosecution time limit) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136 of the Criminal Procedure (Scotland) Act 1995 ”.

Railways Act 1993 (c. 43)

88

In subsection (5) of section 148 of the Railways Act 1993 (prosecution time limit) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136 of the Criminal Procedure (Scotland) Act 1995 ”.

Finance Act 1994 (c. 9)

89

(1) The Finance Act 1994 shall be amended as follows.

(2) In subsection (2) of section 22 (records and rules of evidence), in paragraph (d) for the words “Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993” there shall be substituted the words “ Schedule 8 to the Criminal Procedure (Scotland) Act 1995 ”.

(3) In subsection (3) of section 25 (order for production of documents), for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 308 of the Criminal Procedure (Scotland) Act 1995 ”.

(4) In Schedule 7 (insurance premium tax)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 4(2), for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 308 of the Criminal Procedure (Scotland) Act 1995 ”.

Vehicle Excise and Registration Act 1994 (c. 22)

90

(1) The Vehicle Excise and Registration Act 1994 shall be amended as follows.

(2) In subsection (1) of section 32 (effect of certain orders) for paragraph (b) there shall be substituted the following paragraph—

(b) or an order under section 228 of the Criminal Procedure (Scotland) Act 1995 placing him on probation or under 246(3) of that Act discharging him absolutely, or

(3) In subsection (1) of section 41 (effect of certain orders) for paragraph (b) there shall be substituted the following paragraph—

(b) or an order under section 228 of the Criminal Procedure (Scotland) Act 1995 placing him on probation or under 246(2) or (3) of that Act discharging him absolutely, or

(4) In subsection (4) of section 48 (time limit for proceedings) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136 of the Criminal Procedure (Scotland) Act 1995 ”.

Value Added Tax Act 1994 (c. 23)

91

In Schedule 11 of the Value Added Tax Act 1994—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 11(1) (access to certain information) for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 308 of the Criminal Procedure (Scotland) Act 1995 ”.

Trade Marks Act 1994 (c. 26)

92

(1) The Trade Marks Act 1994 shall be amended as follows.

(2) In subsection (1) of section 96 (prosecution time limit) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 136 of the Criminal Procedure (Scotland) Act 1995 ”.

(3) In section 98 (forfeiture)—

(a) in subsection (2) for the words “section 310 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 134 of the Criminal Procedure (Scotland) Act 1995 ”;

(b) in subsection (6) for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Criminal Procedure (Scotland) Act 1995 ”;

(c) in subsection (9) for the words “section 452(4)(a) to (e) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 ”; and

(d) in subsection (11) for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Criminal Procedure (Scotland) Act 1995 ”.

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

93

(1) The Criminal Justice and Public Order Act 1994 shall be amended as follows.

(2) In subsection (5) of section 25 (restriction on bail) in the definition of “the relevant enactments”, for paragraph (b) there shall be substituted the following paragraph—

(b) as respects Scotland, sections 205(1) to (3) and 208 of the Criminal Procedure (Scotland) Act 1995;

(3) In section 102 (provision of prisoner escorts)—

(a) in paragraph (b) of subsection (3), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Criminal Procedure (Scotland) Act 1995 ”; and

(b) in subsection (6)—

(i) in the definition of “hospital order”, for the words “section 174, 174A, 175, 375A or 376 of the Act of 1975” there shall be substituted the words “ section 53, 54 or 58 of the Act of 1995 ”; and

(ii) in the definition of “warrant”, for the words “Act of 1975” there shall be substituted the words “ Act of 1995 ”.

(4) In subsection (4) of section 104 (powers and duties of prison custody officers), for the words “section 395(2) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 212 of the Criminal Procedure (Scotland) Act 1995 ”.

(5) In subsection (1) of section 117 (interpretation of Chapter), in the definition of “prisoner” for the words “section 215 or 426 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 295 of the Criminal Procedure (Scotland) Act 1995 ”.

(6) In section 138 (which supplements section 137 relating to cross-border powers of arrest)—

(a) in subsection (2), for the words from “subsections (2) to (7)” to “1993” there shall be substituted the words “ subsections (2) to (8) of section 14 (detention and questioning at police station), subsections (1), (2) and (4) to (6) of section 15 (rights of person arrested or detained) and section 18 (prints, samples etc. in criminal investigations) of the Criminal Procedure (Scotland) Act 1995 ”;

(b) in subsection (6)—

(i) for the words “sections 2 and 3 of the Criminal Justice (Scotland) Act 1980” there shall be substituted the words “ sections 14 and 15 of the said Act of 1995 ”;

(ii) in paragraph (a), for the words “in section 2” there shall be substituted the words “ in section 14 ” and for the words “in subsections (4) and (7)” there shall be substituted the words “ in subsections (6) and (9) ”; and

(iii) in paragraph (b), for the words “in section 3(1)” there shall be substituted the words “ in subsections (1) and (2) of section 15 ”.

The Drug Trafficking Act 1994 (c. 37)

94

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Local Government etc. (Scotland) Act 1994 (c. 39)

95

(1) The Local Government etc. (Scotland) Act 1994 shall be amended as follows.

(2) In subsection (1) of section 127 (the Principal Reporter), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Criminal Procedure (Scotland) Act 1995 ”.

(3) In each of subsections (3) and (8) of section 128 (Scottish Children’s Reporter Administration), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Criminal Procedure (Scotland) Act 1995 ”.

(4) In subsection (1) of section 130 (annual report of Principal Reporter), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Criminal Procedure (Scotland) Act 1995 ”.

Deregulation and Contracting Out Act 1994 (c. 40)

96

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Children (Scotland) Act 1995 (c. 36)

97

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

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

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 78 (powers of arrest)—

(a) in subsection (8), for the words “Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Criminal Procedure (Scotland) Act 1995 ”;

(b) in subsection (11), for the words “section 10 of the Bail etc, (Scotland) Act 1980” there shall be substituted the words “ section 8 of the said Act of 1995 ”; and

(c) in subsection (12), for the words “Subsections (1) and (3) of section 3 of the Criminal Justice (Scotland) Act 1980” there shall be substituted the words “ Subsections (1), (2) and (4) of section 15 of the said Act of 1995 ”.

Pensions Act 1995 (c. 26)

98

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Note

99

The amendments made by this Schedule to—

(a) the Sea Fisheries Act 1968;

(b) the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976; and

are in substitution for amendments made to those enactments by section 56 of and Schedule 7 to the Criminal Justice Act 1988 which are repealed by this Act.

SCHEDULE 5

SCHEDULE 6

Interpretation.

For the words from “such offender” onwards substitute “ he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale ”.

After “offence” add “ shall on summary conviction be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale or to both ”.

For paragraphs (a) and (b) of subsection (2) (penalties for certain offences) substitute “ on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both ”.

For paragraphs (a) and (b) substitute “ on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both ”.

For “five pounds” substitute “ level 2 on the standard scale ”.

For “ten pounds” substitute “ level 4 on the standard scale ”.

For “twenty pounds” substitute “ level 3 on the standard scale ”.

For “one hundred pounds” substitute “ level 5 on the standard scale ”.

For “ten pounds” substitute “ level 2 on the standard scale ”.

For “twenty-five pounds” substitute “ level 3 on the standard scale ”.

For the words from “twenty pounds” to the end substitute “ level 4 on the standard scale ”.

For the words from “one hundred pounds” where first occurring to “one hundred pounds” where secondly occurring substitute “ level 4 on the standard scale ”.

For the words from “five pounds” to the end substitute “ level 3 on the standard scale ”.

For “ten pounds” substitute “ level 4 on the standard scale ”.

For “twenty pounds” substitute “ level 3 on the standard scale ”.

For the words from “twenty pounds” to the end substitute “ level 4 on the standard scale ”.

For “one hundred pounds” substitute “ level 5 on the standard scale ”.

For the words from “five pounds” to the end substitute “ level 3 on the standard scale ”.

For “one hundred pounds” substitute “ level 4 on the standard scale ”.

For “one hundred pounds” substitute “ level 5 on the standard scale ”.

For the words from “one hundred pounds” to “two hundred and fifty pounds” substitute “ level 5 on the standard scale ”.

For “five pounds” substitute “ level 3 on the standard scale ”.

In paragraph (a) for “£10” substitute “ level 2 on the standard scale ”, and in paragraph (b) for “£5” substitute “ level 2 on the standard scale ”.

For “ten pounds” substitute “ level 3 on the standard scale ”.

For “fifty pounds” substitute “ level 4 on the standard scale ”.

For “£200” substitute “ level 4 on the standard scale ”.

For “£20” substitute “ level 2 on the standard scale ”.

For “£200” substitute “ level 5 on the standard scale ”.

For “£20” substitute “ level 3 on the standard scale ”.

For “£200” substitute “ level 4 on the standard scale ”.

For the words from “£20” to “£50” substitute “ level 4 on the standard scale’ ”.

For “£200” substitute “ level 4 on the standard scale ”.

For the words “£20” to “£50” substitute “ level 4 on the standard scale ”.

For “the sum of £400” substitute “ level 4 on the standard scale ”.

For the words “£20” to “£50” substitute “ level 4 on the standard scale ”.

For “£25” substitute “ level 3 on the standard scale ”.

For the words from “£20” to “£50” substitute “ level 4 on the standard scale’ ”.

For the words from “£50” where first occurring to “continued” substitute “ level 3 on the standard scale ”.

For “£200” substitute “ level 4 on the standard scale ”.

For the words “£25” substitute “ level 3 on the standard scale ”.

For “£200” substitute “ level 4 on the standard scale ”.

For the words “£25” substitute “ level 3 on the standard scale ”.

For the words from “£50” where first occurring to “continued” substitute “ level 3 on the standard scale ”.

For the words “£25” substitute “ level 3 on the standard scale ”.

In section 43, the words from “and it shall not be necessary” to the end.

Editorial notes

[^c8315451]: Act wholly in force at 1.4.1996 see s. 7(2)

[^c8315461]: Act extended (retrospective to 1.4.1996) by 1997 c. 48, s. 62(1), Sch. 1 para. 6(2)

[^c8315471]: 1995 c. 43.

[^c8315481]: 1995 c. 39.

[^c8315491]: 1995 c. 46.

[^c8315501]: For extent of Sch. 3, see s. 7(3)(4)

[^c8315511]: For extent of Sch. 4, see s. 7(3)(5)

[^c8315521]: 1978 c. 30.

[^c8315531]: 1975 c. 21.

[^c8315541]: 50 & 51 Vict. c. 35.

[^c8315551]: 1982 c. 48.

[^c8315561]: 1977 c. 45.

[^c8315571]: 1977 c. 45.

[^c8315581]: 1973 c. 65.

[^c8315591]: 1977 c. 45.

[^c8315601]: 1975 c. 21.

[^c8315611]: 1980 c. 62.

[^c8315621]: 1977 c. 45.

[^c8315631]: 1962 c. 46.

[^c8315641]: 1988 c. 52.

[^c8315651]: 1977 cap. xvii.

[^c8315661]: 1982 c. 48.

[^c8315671]: 1987 c. 41.

[^c8315681]: 1987 c. 41.

[^c8315691]: 1982 c. 48.

[^c8315701]: 1971 c. 38.

[^c8315711]: 1975 c. 21.

[^c8315721]: Words in Sch. 2 Pt. I repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

[^c8315881]: Entry in Sch. 2 Pt. II repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 19(2), Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c20989321]: Sch. 2 Pt. 2: entry relating to Protection of Animals Act 1934 repealed (3.11.2006) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006 (S.S.I. 2006/536), art. 2(3), Sch. 3

[^c8315921]: Entry in Sch. 2 Pt. II repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt. II; S.I. 1996/2842, art. 4

[^c8315961]: Words in Sch. 2 Pt. II repealed (1.4.2002) by 2001 asp 8, s. 80(1)(2), Sch. 4; S.S.I. 2002/162, art. 2(g)(i)

[^c20987771]: Sch. 2 Pt. 2: entry relating to Fire Services Act 1947 repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, sch. 4; S.S.I. 2005/392, art. 2(k)

[^c20989381]: Sch. 2 Pt. 2: entry relating to Cockfighting Act 1952 repealed (3.11.2006) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006 (S.S.I. 2006/536), art. 2(3), Sch. 3

[^c20989231]: Sch. 2 Pt. 2: entry relating to s. 41(1) of the Police (Scotland) Act 1967 repealed (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 101, 104, sch. 6 para. 3; S.S.I. 2006/432, art. 2(h)

[^c20989181]: Sch. 2 Pt. 2: entry relating to Social Work (Scotland) Act 1968 repealed (23.2.2006) by Joint Inspection of Childrens Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3), ss. 8(4)(g), 10(2)

[^c20987861]: Words in Sch. 2 Pt. 3 repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, sch. 4; S.S.I. 2005/392, art. 2(k)

[^c8316001]: 1994 c. 39.

[^c8316011]: 1967 c. 77.

[^c20988961]: Sch. 3 para. 4(2) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 457, 458(1)(3), Sch 12; S.S.I. 2003.210, art. 2 (subject to transitional provisions and savings in arts. 3-7)

[^c8316071]: 1975 c. 20

[^c8316081]: 1987 c. 41

[^c8316091]: 1 Edw 8 and 1 Geo 6. c. 37

[^c8316101]: 1975 c. 21

[^c8316111]: 1949 c. 94.

[^c8316121]: 1907 c. 17.

[^c8316131]: 1995 c. 20.

[^c19551831]: Words in Sch. 3 para. 12(3) substituted (1.5.2004) by 1997 c. 48, ss. 13(4), 65 (with art. 3); S.I. 2004/176, art. 2 (with art. 3)

[^c20991581]: Sch. 3 para. 13 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206, Sch. 2 para. 39; S.S.I. 2010/413, art. 2, Sch. (with art. 3)

[^c8316151]: 1968 c. 49.

[^c8316161]: 1995 c. 36.

[^c8316171]: 1995 c. 20.

[^c8316181]: 1995 c. 43.

[^c8316191]: 1975 c.21.

[^c8316231]: 1986 c. 45.

[^c8316241]: 1914 c.59.

[^c8316251]: 1985 c. 6.

[^c8316261]: 1995 c. 39.

[^c8316281]: Sch. 4 para. 6(4)(a)(d) repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 19(3)(a), Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c8316301]: Sch. 4 para. 16 repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 19(3)(b), Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c20988061]: Sch. 4 para. 29 repealed (S.) (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I. 2007/472, art. 3; and Sch. 4 para. 29 repealed (E.W.) (prosp.) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(4), Sch. 5

[^c20987251]: Sch. 4 para. 30 repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 144(2), 145(2), Sch. 5; S.S.I. 2004/420, art. 3, Sch. 1

[^c8316311]: Sch. 4 para. 40 repealed (15.2.1999) by 1998 c. 17, s. 51, Sch. 5 Pt. I (with Sch. 3 para. 5(1)); S.I 1999/161, art. 2(1)

[^c20987271]: Sch. 4 para. 46 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 16 Group 2}

[^c20987281]: Sch. 4 para. 47 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 9 Group 5}

[^c20989511]: Sch. 4 para. 48 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 125, 126, Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

[^c20987051]: Sch. 4 para. 50 repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(2), 333(3), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3

[^c8316331]: Sch. 4 para. 53(3) repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 19(3)(d), Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c20989891]: Sch. 4 para. 56(4) repealed (6.4.2008) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 (with arts 7, 12)

[^c20986201]: Sch. 4 para. 69 repealed (24.3.2003) by 2002 c. 29, ss. 457, 458(1)(3), Sch. 12; S.I. 2003/333, art. 2(1) (subject to transitional provisions and savings in arts. 3-14 and as amended by S.I. 2003/531)

[^c8316351]: Sch. 4 para. 72 repealed (19.2.2001) by 2000 c. 11, s. 125, Sch. 16 Pt. I; S.I. 2001/421, art. 2

[^c20989871]: Sch. 4 para. 74(2) repealed (6.4.2008) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 (with arts. 7, 12)

[^c20988181]: Sch. 4 para. 76(2) repealed (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(ee)

[^c20989911]: Sch. 4 para. 77 repealed (1.10.2007 for S.) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 4; S.S.I. 2007/434, art. 2(d)

[^c8316361]: Sch. 4 para. 79 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

[^c8316371]: Sch. 4 para. 80(3) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c20991101]: Sch. 4 para. 89(4)(a) omitted (1.4.2010) by virtue of Finance Act 2009 (c. 10), s. 98, Sch. 50 para. 2; S.I. 2010/815, art. 2

[^c20990201]: Sch. 4 para. 91(a) repealed (8.11.2007) by Finance Act 2007 (c. 11), ss. 84(5), 114, Sch. 27 Pt. 5(1) (Note); S.I. 2007/3166, art. 2

[^c20986211]: Sch. 4 para. 94 repealed (24.3.2003) by 2002 c. 29, ss. 457, 458(1)(3), Sch. 12; S.I. 2003/333, art. 2 (subject to transitional provisions and savings in arts. 3-14 and as amended by S.I. 2003/531)

[^c20991611]: Sch. 4 para. 96 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 29, 134, Sch. 7 para. 2: S.S.I. 2010/221, art. 3, Sch.

[^c20987291]: Sch. 4 para. 98 repealed (6.4.2006) by Pensions Act 2004 (c. 35), ss. 320, 322, Sch. 13; S.I. 2006/560, art. 2, Sch. Pt. 3

[^c8316391]: 1968 c.77.

[^c8316401]: 1976 c. 14.

[^c8316411]: 1981 c. 49.

[^c8316421]: 1988 c.33.

[^c8316271]: This Act extends to S. but any amendment contained in Sch. 4 of any enactment which extends to E.W. or N.I. also so extends, see s. 7(5)

[^c20986651]: Sch. 4 para. 11 repealed (S.) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), ss. 70, 71(2) (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2

[^key-334da921353ef66c681e3c38d825b1e2]: Sch. 4 para. 44(2) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 24; S.S.I. 2011/178, art. 2, Sch.

[^key-e8e2f8957c124321395a0f1fce2c2c7c]: Sch. 4 para. 18(2) omitted (1.4.2011) by virtue of Finance (No. 3) Act 2010 (c. 33), s. 29(2), Sch. 13 para. 2(b); S.I. 2011/777, art. 2

[^key-df507d17b6d9e305fa2a9745289fbfcf]: Words in Sch. 2 Pt. 3 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-25baf5ce076dbeef700960882cf67a75]: Sch. 4 para. 97(2)-(6) repealed (24.6.2013) by The Childrenâ€™s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 2

[^key-eda9f27a5e08af955990b21cc34f43aa]: Sch. 4 para. 71(5) repealed (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 1 Table 1

[^c20989881]: Sch. 4 para. 56(3) repealed (1.10.2009) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 Pt. 1 (with arts 7, 8)

[^key-b140ad8c20c2fafe9c5a39dbc832d316]: Sch. 4 para. 10 repealed (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 6; S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)

[^M_F_4d04dd32-683d-48f7-a61f-39f4f29a8857]: Sch. 3 para. 15(4) repealed (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 9 Pt. 1 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

[^M_F_0fb4743f-faac-46c4-e185-96706094bbe6]: Sch. 4 para. 58 repealed (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 9 Pt. 1 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

[^key-4bb2aece5f74aec28fdedc3f2dfd9f17]: Words in Sch. 2 Pt. 3 omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019 (S.S.I. 2019/125), regs. 1(2), 8

[^key-1fb6dc907376ecf842a118db0fc4f997]: Sch. 4 para. 8 and cross-heading repealed (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), reg. 1(3), Sch. (with reg. 9(2))

In section 43, the words from “and it shall not be necessary” to the end.

Section 45.

For “five pounds” substitute “ level 2 on the standard scale ”.

For “one hundred pounds” substitute “ level 5 on the standard scale ”.

For the words from “twenty pounds” to the end substitute “ level 4 on the standard scale ”.

For the words from “one hundred pounds” where first occurring to “one hundred pounds” where secondly occurring substitute “ level 4 on the standard scale ”.

For the words from “five pounds” to the end substitute “ level 3 on the standard scale ”.

For “twenty pounds” substitute “ level 3 on the standard scale ”.

For “five pounds” substitute “ level 3 on the standard scale ”.

For the words from “one hundred pounds” to the end substitute “ level 5 on the standard scale ”.

For “£20” substitute “ level 3 on the standard scale ”.

For “ten pounds” substitute “ level 3 on the standard scale ”.

For “£20” substitute “ level 3 on the standard scale ”.

For the words from “£100” to the end substitute “ level 5 on the standard scale ”.

For “£200” substitute “ level 4 on the standard scale ”.

For the words from “£100” to the end substitute “ level 5 on the standard scale ”.

For “£200” substitute “ level 4 on the standard scale ”.

For “£200” substitute “ level 5 on the standard scale ”.

For the words from “in the case” where first occurring to “£50” where thirdly occurring substitute “ to a fine not exceeding level 3 on the standard scale ”.

For the words from “£20” to “£50” substitute “ level 4 on the standard scale ”.