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Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2023

S.S.I. 2023/333 · Made 2 November 2023

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 2nd November 2023

Laid before the Scottish Parliament 3rd November 2023

Coming into force 1st December 2023

The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305(1) of the Criminal Procedure (Scotland) Act 1995f1, section 1A(5) of the Dogs (Protection of Livestock) Act 1953f2 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

1995 c. 46. Section 305 was last 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).

f2

1953 c. 28. Section 1A was inserted by section 2 of the Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18).

Contents

  1. 1Citation and commencement, etc.
  2. 2Amendment of the Criminal Procedure Rules 1996
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and commencement, etc.

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2023.

(2)

It comes into force on 1st December 2023.

(3)

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

2Amendment of the Criminal Procedure Rules 1996

(1)

The Criminal Procedure Rules 1996f1 are amended in accordance with this paragraph.

(2)

In Chapter 51 (Animal Health and Welfare)—

(a)

in rule 51.1 (interpretation)f2—

(i)

after the definition of “the 2006 Act” insert—

  • ““the 2023 Act” means the Hunting with Dogs (Scotland) Act 2023f3;”;

(ii)

in the definition of “deprivation order” for “an order made under” to the end substitute—

  • ““an order made under—

    1. (a)

      section 28E of the 1981 Actf4;

    2. (b)

      section 39 of the 2006 Actf5;

    3. (c)

      section 47 of the Animal Welfare Act 2006f6; or

    4. (d)

      section 21(1) of the 2023 Act;”;

(iii)

for the definition of “disqualification order” substitute—

  • ““disqualification order” means an order made under—

    1. (a)

      section 28F of the 1981 Act;

    2. (b)

      section 40 of the 2006 Actf7;

    3. (c)

      regulation 21(2) of the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009f8; or

    4. (d)

      section 22(1) of the 2023 Act.”;

(b)

for rule 51.3(2) (representations) substitute—

“(2)

Paragraph (3) applies to a person who has received intimation under paragraph (1)(b) and wishes to make representations to the court under—

(a)

section 28E(9) of the 1981 Act;

(b)

section 39(9) of the 2006 Act;

(c)

section 47(9) of the Animal Welfare Act 2006; or

(d)

section 21(9) of the 2023 Act.

(3)

A person to whom this paragraph applies is to make representations, unless the court otherwise directs—

(a)

in writing to the clerk of court; and

(b)

by such date as the court directs.”;

(c)

for rule 51.4 (forms of appeal by person with interest in animal) substitute—

“Forms of appeal by person with interest in animal

51.4.

An application under—

(a)

section 28E(11) of the 1981 Act;

(b)

section 43(2) of the 2006 Actf9;

(c)

section 49(2) of the Animal Welfare Act 2006;

(d)

section 25(2) of the 2023 Act,

is to be in Form 51.4.”.

(3)

In Chapter 58 (Control of Dogs (Scotland) Act 2010)f10—

(a)

for the chapter heading substitute “CONTROL OF DOGS”;

(b)

for rule 58.1 (interpretation) substitute—

“Interpretation

58.1.

In this Chapter—

  • “the 1953 Act” means the Dogs (Protection of Livestock) Act 1953f11;

  • “the 2010 Act” means the Control of Dogs (Scotland) Act 2010f12;

  • “a combined order” means an order made under section 1A(1)(c) of the 1953 Act;

  • “a disqualification order” means an order made under section 1A(1)(a) of the 1953 Act;

  • “a prevention order” means an order made under section 1A(1)(b) of the 1953 Act;

  • “relevant order” means—

    1. (a)

      a disqualification order;

    2. (b)

      a prevention order;

    3. (c)

      a combined order.

Form of a relevant order

58.1A.

A relevant order is to be made in Form 58.1A.

Discharge or variation of a relevant order

58.1B.

An application under section 1A(5) of the 1953 Act to discharge or vary a relevant order is to be made in Form 58.1B.

Appeals against a refusal to discharge or vary a relevant order

58.1C.

An appeal to the Sheriff Appeal Court under section 1A(6) of the 1953 Act against the refusal in whole, or in part, to make an order under section 1A(5) of that Act is to be made—

(a)

not later than 7 days after the date of the decision appealed against;

(b)

by lodging with the clerk of the court from which the appeal is to be taken a note of appeal in Form 58.1C.

Hearing and intimation

58.1D.

On an application or appeal being lodged the court must—

(a)

appoint a hearing on the application or appeal;

(b)

make an order for service of the application, or appeal, with the date and time of the hearing on all parties.”.

(4)

In the appendix—

(a)

in Form 51.2 (form of deprivation order)f13—

(i)

after “[or section 47(1) of the Animal Welfare Act 2006]” insert “[or section 21(10) of the Hunting with Dogs (Scotland) Act 2023]”;

(ii)

before the paragraph beginning “ORDERS” insert “[AND having considered the need to ensure the welfare of the [dog/horse];]”;

(b)

in Form 51.4 (form of appeal under section 28E(11) of the Animal Health Act 1981, section 43(2) of the Animal Health and Welfare (Scotland) Act 2006 or section 49(2) of the Animal Welfare Act 2006)f14—

(i)

for the title substitute “Form of appeal against deprivation order”;

(ii)

after the words “[or section 49(2) of the Animal Welfare Act 2006]” insert “[or section 25(2) of the Hunting with Dogs (Scotland) Act 2023]”;

(c)

in Form 51.5 (form of disqualification order)f15 for “regulation 21(1) of the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009” substitute “section 22(13) of the Hunting with Dogs (Scotland) Act 2023”.

(d)

after Form 56.5 (form of application for variation or revocation of an order restricting the reporting of proceedings)f16 insert Forms 58.1A, 58.1B and 58.1C, as set out in the schedule of this Act of Adjournal.

Signature

CJM SUTHERLAND

Lord Justice General

I.P.D.

Edinburgh

2nd November 2023

Explanatory note

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

This Act of Adjournal makes amendments to the Criminal Procedure Rules 1996 (“the 1996 Rules”). Paragraph 2(2) amends Chapter 51 (Animal Health and Welfare) and related court forms in consequence of the Hunting with Dogs (Scotland) Act 2023.

Paragraph 2(3) amends Chapter 58 (Control of Dogs) of the 1996 Rules in consequence of amendments made to the Dogs (Protection of Livestock) Act 1953 (c. 28) (“the 1953 Act”).

Paragraph 2(3)(a) changes the chapter heading of Chapter 58.

Paragraph 2(4)(b) substitutes a new rule 58.1 (interpretation) and inserts new rules 58.1A to 58.1D into Chapter 58. These new rules set out what forms must be used for the making of, or an application for, an order or the discharge or variation of an order made by the court under section 1A(1) of the 1953 Act, lodging an appeal against the refusal to vary or discharge such an order and the procedure relating to appeals.

Paragraph 2(4) and the schedule insert new forms 58.1A to 58.1C into the appendix of the 1996 Rules.