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Act of Adjournal (Challenges to Validity of EU Instruments (EU Exit)) (Amendment) 2020

S.S.I. 2020/470 · Made 23 December 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

High Court Of Justiciary

Sheriff Appeal Court

Sheriff Court

Justice Of The Peace Court

Made 23rd December 2020

Laid before the Scottish Parliament 24th December 2020

Coming into force in accordance with paragraph 1(2)

The High Court of Justiciary makes this Act of Adjournal under the powers conferred on it by section 305 of the Criminal Procedure (Scotland) Act 1995f1 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

1995 c.46. Section 305 was amended by section 111(1) of the Criminal Justice (Scotland) Act 2016 (asp 1) and by S.S.I. 2015/338, and was extended by section 386(3)(a) of the Proceeds of Crime Act 2002 (c.29), section 36A(4) of the Serious Crime Act 2007 (c.27), and section 32(5) of the Psychoactive Substances Act 2016 (c.2).

Contents

  1. 1Citation and commencement, etc.
  2. 2Amendment of the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Challenges to Validity of EU Instruments (EU Exit)) 2019
  3. Signature
  4. Explanatory note

1Citation and commencement, etc.

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Challenges to Validity of EU Instruments (EU Exit)) (Amendment) 2020.

(2)

It comes into force immediately before IP completion day.

(3)

A certified copy is to be inserted in the Books of Adjournal.

2Amendment of the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Challenges to Validity of EU Instruments (EU Exit)) 2019

(1)

The Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Challenges to Validity of EU Instruments (EU Exit)) 2019f1 is amended in accordance with this paragraph.

(2)

In paragraph 2(2) (amendment of the Criminal Procedure Rules 1996), where it inserts rules 70.2(2) (declarations from the court in solemn or summary proceedings that an EU instrument was invalid – notices) and 70.4(2) (declarations from the court in other proceedings that an EU instrument was invalid – notices) into the Criminal Procedure Rules 1996f2, both times where it occurs for “exit day” substitute “IP completion day”.

Signature

CJM SUTHERLAND

Lord Justice General

I.P.D.

Edinburgh

23rd December 2020

Explanatory note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Challenges to Validity of EU Instruments (EU Exit)) 2019 (S.S.I. 2019/330) (“the Principal Instrument”).

The Principal Instrument comes into force on IP completion day by the operation of paragraph 1 of Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the Act”). This Act of Adjournal comes into force immediately before IP completion day.

Paragraph 2 amends the Principal Instrument by substituting “IP completion day” for “exit day” in consequence of the Act and the amendments made to the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 (S.I. 2019/673) by the Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503).