The Scotland Act 2012 (Consequential Provisions) Order 2013

• Citation: S.I. 2013/728
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Scotland Act 2012 (Consequential Provisions) Order 2013 and comes into force on 22nd April 2013.

Section 2 Amendment of the Legal Aid (Scotland) Act 1986

(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 21 (scope and nature of criminal legal aid), after subsection (1)(c) insert—

(d) any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act 1995

(3) For subsection (1) of section 25AB (legal aid in references, appeals or applications for special leave to appeal to the Supreme Court) substitute—

(1) This section shall apply to criminal legal aid in connection with—

(a) any reference, appeal or application for special leave to appeal to the Supreme Court under paragraph 11, 13(a) or 33 of Schedule 6 to the Scotland Act 1998; or

(b) any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act 1995.

(4) In section 25AB(2) after “special leave” where it occurs in both places insert “or permission”.

(5) In section 25AB(4) after “the Scotland Act 1998” insert “or under section 288ZB of the Criminal Procedure (Scotland) Act 1995”.

Section 3 Amendment of the Criminal Justice and Licensing (Scotland) Act 2010

In the definition of “appellate proceedings” in section 132 of the Criminal Justice and Licensing (Scotland) Act 2010 (sections 133 to 140: interpretation) , after paragraph (e) insert—

(ea) an appeal to the Supreme Court against a determination by the High Court of Justiciary of a compatibility issue (within the meaning of section 288ZA of the Criminal Procedure (Scotland) Act 1995),