{
  "url": "https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-6-transitional-and-savings-provisions-order-2010/note",
  "json_url": "https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-6-transitional-and-savings-provisions-order-2010/note.json",
  "legislation": "ssi/2010/413",
  "legislation_title": "The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2010",
  "legislation_url": "https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-6-transitional-and-savings-provisions-order-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThe Criminal Justice and Licensing (Scotland) Act (“the 2010 Act”) received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force on Royal Assent.\nThis Order brings into force certain other provisions of the 2010 Act. The Schedule to this Order specifies the date certain provisions of the 2010 Act come into force.\nArticle 2 of this Order provides that the provisions contained in column 1 of the Schedule come into force on the date specified in column 3. If a purpose is specified in column 4, the provision only comes into force for that purpose.\nThe following provisions of the 2010 Act come into force for all purposes on 13th December 2010:—\nSection 16 (short periods of detention);\nSection 23 (extended sentences for certain sexual offences);\nSection 25 (offences aggravated by racial or religious prejudice);\nSection 26 (voluntary intoxication by alcohol: effect in sentencing);\nSection 28 (involvement in serious organised crime);\nSection 29 (offences aggravated by connection with serious organised crime);\nSection 30 (directing serious organised crime);\nSection 31 (failure to report organised crime);\nSection 34 (articles banned in prison);\nSection 37 (offensive weapons etc.);\nSection 39 (offence of stalking);\nSection 40 (certain sexual offences by non-natural persons);\nSection 41 (indecent images of children);\nSection 45 (penalties for offences of brothel-keeping and living on the earnings of prostitution);\nSection 56 (grant of warrants for execution by constables and police members of SCDEA);\nSection 59 (bail conditions: remote monitoring requirements);\nSection 60 (prosecution on indictment: Scottish Law Officers);\nSection 64 (remand and committal of children and young persons);\nSection 71 (convictions by courts in other EU Member States);\nSection 93 (lists of jurors);\nSection 99: (closure of premises associated with human exploitation etc.);\nSection 101 (foreign travel orders);\nSection 104 (risk of sexual harm orders: spent convictions);\nSection 105 (obtaining information from outwith United Kingdom);\nSection 111 (assistance for victim support);\nSection 112 (public defence solicitors);\nSection 113 (compensation for miscarriages of justice);\nSection 114 (financial reporting orders);\nSection 173 (licensing: powers of entry and inspection for civilian employees);\nSection 180 (premises licence applications: notification requirements);\nSection 181 (premises licence applications: modifications of layout plans);\nSection 183 (premises licence applications: antisocial behaviour reports);\nSection 185 (provisional premises licences: duration);\nSection 187 (provision of copies of licences to chief constable);\nSection 188 (sale of alcohol to trade);\nSection 192 (personal licences);\nSection 193 (emergency closure orders);\nSection 194 (appeals);\nSection 196 (false statements in applications: offence);\nSection 198 (further modifications of 2005 Act);\nSection 199 (annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998);\nSchedule 4 (convictions by courts in other EU Member States: modifications of enactments);\nSchedule 6 (further modifications of the 2005 Act) apart from paragraphs 9 and 10;\nSchedule 7 (modification of enactments) paragraphs 4, 5, 13, 49 and 86 only.\nThe following provisions come into force for limited purposes on 13th December 2010:—\nSection 80 (retention of samples etc. from children referred to children’s hearings) is commenced for the purposes of inserting sections 18E(6), 18E(7) and 18E(10) into the 1995 Act;\nSection 184 (premises licences: connected persons and interested parties) is commenced in respect of connected persons only;\nSection 195 (liability for offences) – 195(3) is commenced for the purposes of inserting sections 141A and 141B into the Licensing (Scotland) Act 2005. Section 141B is commenced in respect of premises licence holders only.\nThe following provisions come into force for all purposes on 10th January 2011:—\nSection 94 (upper age limit for jurors);\nSection 95 (excusal from jury service);\nSection 96 (persons excusable from jury service);\nSchedule 7 (modification of enactments) paragraph 48 only.\nThe following provisions come into force for all purposes on 1st February 2011:—\nSection 14 (community payback orders), apart from section 227ZM as inserted into the 1995 Act by that section;\nSection 17 (presumption against short periods of imprisonment);\nSection 20 (reports about supervised persons);\nSection 21 (detention of children convicted on indictment);\nSchedule 2 (community payback orders: consequential modifications) apart from paragraph 38.\nThe following provisions come into force for all purposes on 28th February 2011:—\nSection 178 (applications for licences) in so far as not already brought into force by S.S.I. 2010/297;\nSection 182 (reviews of premises licences: notification of determinations).\nOther sections:\nSection 14 (community payback orders) comes into force on 1st April 2011 for the purpose of inserting section 227ZM into the 1995 Act;\nParagraph 38 of Schedule 2 to the Act comes into force on the same day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2010/413/note",
    "retrieved_at": "2026-10-28T21:52:55.239777+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}