The Criminal Justice (Scotland) Act 1995 (Commencement No.2, Transitional Provisions and Savings) Order 1996

• Citation: S.I. 1996/517
• Sections: 6

Section 1 Citation and interpretation

This Order may be cited as the Criminal Justice (Scotland) Act 1995 (Commencement No.2, Transitional Provisions and Savings) Order 1996.

Section 2 Citation and interpretation

(1) In this Order—

“ the Act ” means the Criminal Justice (Scotland) Act 1995,

and, unless the context otherwise requires, any reference in this Order to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Act and, in article 5 of, and Schedule 2 to, this Order, includes a reference to any related repeal in Schedule 7 to the Act.

(2) For the purposes of this Order, criminal proceedings are commenced—

(a) in summary proceedings, on the date of the first calling of the case; and

(b) in solemn proceedings, on the date on whichever of the following first occurs:—

(i) the grant of a warrant to arrest and commit;

(ii) the intimation of a petition;

(iii) the service of an indictment.

Section 3 Commencement of provisions

(1) The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall come into force on 5th March 1996 but only for the purpose of enabling subordinate legislation to be made under the provisions specified in column 2 of that Schedule so as to come into force on or after 31st March 1996.

(2) Subject to the provisions of articles 4 to 6 of, and Schedule 2 to, this Order, all the provisions of the Act, except section 66, shall come into force on 31st March 1996 insofar as they are not then in force.

Section 4 Transitional provisions and savings

The provisions of the Act specified in column 1 of Schedule 2 shall apply only in the cases, and in relation to the persons or matters, specified in column 2 of that Schedule.

Section 5 Transitional provisions and savings

Nothing in section 40, 54 or 113(3), Schedule 5 or paragraph 10 of Schedule 6 shall affect the powers of a court in relation to an offence committed before 31st March 1996.

Section 6 Transitional provisions and savings

Section 68 shall not apply in respect of the discharge of a debtor under section 54 of the Bankruptcy (Scotland) Act 1985 before 31st March 1996.