# The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011

S.S.I. 2011/178 · made 7 March 2011

The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6thAugust 2010. Sections201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.

Made under: Criminal Justice and Licensing (Scotland) Act 2010 (Section 201, Section 206)

PDFs: Printed copy https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-8-transitional-and-savings-provisions-order-2011/pdf/ssi_20110178_en.pdf

## Introductory text

Criminal Law
Made 7th March 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010.

## 1 Citation and interpretation

(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011.
(2) In this Order—
“the Act” means the Criminal Justice and Licensing (Scotland) Act 2010;
“the 1982 Act” means the Civic Government (Scotland) Act 1982;
“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;
“the 2003 Act” means the Sexual Offences Act 2003;
“the 2005 Act” means the Licensing (Scotland) Act 2005;
“earlier proceedings” means—
(a) the proceedings to which the appellate proceedings relate; and
(b) in respect of which the first appearance of the accused or, as the case may be, the recording of a plea of not guilty against an accused charged on summary complaint is on or after 6th June 2011;
“the first appearance of the accused” means where in a prosecution under solemn procedure—
(a) an accused appears for the first time on petition; or
(b) an accused appears for the first time on indictment (not having appeared on petition in relation to the same matter).
(3) For the purposes of this Order, where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it is to be taken to have been committed on the first of those days.

## 2 Commencement of provisions

(1) The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on the corresponding date specified in column 3 of the Schedule.
(2) Those provisions come into force for all purposes, unless otherwise specified in articles 3 to 10 or column 4 of the Schedule.

## 3 Purposes – sections 141 (application for section 145 order) to 149 (application for non-attendance order)

Sections 141 to 149 of the Act are commenced for all purposes in respect of—
(a) criminal proceedings in which—
(i) the first appearance of the accused; or
(ii) the recording of a plea of not guilty against an accused charged on summary complaint;
is on or after 6th June 2011;
(b) appellate proceedings arising out of such criminal proceedings.

## 4 Section 77 (retention of samples etc.)

(1) The amendments made to section 18A of the 1995 Act by—
(a) sub-sections (1), (3)(a) to (c), (e), (f)(i) and (g) of section 77 of the Act, insofar as they relate to relevant physical data, only have effect in relation to such relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act in connection with an offence committed on or after 28th March 2011; and
(b) sub-sections (1), (3)(f)(ii) and (g) of section 77 of the Act, insofar as they relate to any sample or information deriving from a sample taken from a person under section 18(6) or (6A) of the 1995 Act, only have effect where—
(i) that sample or information deriving from that sample was taken in connection with an offence committed on or after 28th March 2011; and
(ii) criminal proceedings are instituted against that person for a relevant sexual offence in section 19A(6)(g) of the 1995 Act, as modified by section 18A(12) of the 1995 Act, on or after 28th March 2011.
(2) Notwithstanding the amendment made to section 18A(1) of the 1995 Act by section 77(3)(a) of the Act, section 18A continues to apply to any sample or information derived from a sample taken from a person under section 18(6) or (6A) of the 1995 Act in connection with an offence committed before 28th March 2011.

## 5 Section 78 (retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted)

Sections 18B and 18C of the 1995 Act, as inserted by section 78 of the Act, only have effect in respect of—
(a) relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or
(b) any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) of the 1995 Act,
in connection with an offence committed on or after 28th March 2011.

## 6 Section 79 (retention of samples etc. taken or provided in connection with certain fixed penalty offences)

(1) Section 18D of the 1995 Act, as inserted by section 79 of the Act, only has effect in respect of—
(a) relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or
(b) any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) of the 1995 Act,
in connection with a fixed penalty offence that was committed on or after 28th March 2011.
(2) For the purpose of this article, “fixed penalty offence” has the meaning given by section 128(1) of the Antisocial Behaviour (Scotland) Act 2004.

## 7 Section 80 (retention of samples etc. from children referred to children’s hearings)

Sections 18E and 18F of the 1995 Act, as inserted by section 80 of the Act, only have effect in respect of—
(a) relevant physical data taken from or provided by a child under section 18(2) of the 1995 Act; or
(b) any sample, or any information derived from a sample, taken from a child under section 18(6) or (6A) of the 1995 Act,
in connection with an offence committed on or after 15th April 2011.

## 8 Section 81 (extension of section 19A of 1995 Act)

(1) The amendment to section 19A of the 1995 Act made by section 81(a) of the Act only has application in respect of section 18A of the 1995 Act—
(a) where—
(i) relevant physical data taken from or provided by a person under section 18(2) of the 1995 Act; or
(ii) any sample, or information deriving from a sample, taken from that person under section 18(6) or (6A) of the 1995 Act,
was taken or provided in connection with an offence committed on or after 28th March 2011; and
(b) criminal proceedings in respect of a relevant sexual offence specified in section 19A(6)(g) of the 1995 Act, as modified by section 18A(12) of the 1995 Act, are instituted against that person on or after 28th March 2011.
(2) The amendment to section 19A of the 1995 Act made by section 81(b) of the Act only has application in respect of section 18A of the 1995 Act—
(a) where—
(i) relevant physical data taken or provided by that person under section 18(2) of the 1995 Act; or
(ii) any sample, or information deriving from a sample, taken from that person under section 18(6) or (6A) of the 1995 Act,
was taken or provided in connection with an offence committed on or after 28th March 2011; and
(b) criminal proceedings in respect of a relevant violent offence specified in section 19A(6)(h)(v) of the 1995 Act are instituted against that person on or after 28th March 2011.

## 9 Section 82 (use of samples etc.)

(1) Section 19C(1) of the 1995 Act, as inserted by section 82(1) of the Act, applies to relevant physical data, samples and information derived from samples whenever taken or provided.
(2) The amendments to section 56 of the Criminal Justice (Scotland) Act 2003 made by section 82(2) of the Act apply in relation to relevant physical data, samples or information derived from samples whenever taken or provided under that section.

## 10 Section 177 (licensing of late night catering)

(1) A person who on or after 1st October 2012 carries on the activity designated by section 42(1) of the 1982 Act without a late hours catering licence shall not be guilty of an offence under section 7(1) of the 1982 Act if—
(a) that person made an application to the licensing authority before that date for the grant of the late hours catering licence in respect of the activity being carried on by the person; and
(b) that application has not yet been finally determined.
(2) For the purposes of paragraph (1)(b), an application is finally determined—
(a) when it is withdrawn by the applicant;
(b) when it is granted by the licensing authority;
(c) when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of Schedule 1 to the 1982 Act expires without an appeal against the refusal being made to the sheriff; or
(d) in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of.
(3) For the purposes of paragraph (2)(d), an appeal is disposed of—
(a) when it is abandoned by the appellant; or
(b) when a decision on it is made by the sheriff or a higher court expires without such a subsequent appeal being made.

## Signature

KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
7th March 2011

## 

Column 1
(provisions of the Act)
Column 2
(subject matter)
Column 3
(date of commencement)
Column 4
(purpose)
Section 15
Non-harassment orders
28th March 2011
For all purposes where the misconduct complained of occurred on or after the date specified in column 3
Section 19
Early removal of certain short-term prisoners from the United Kingdom
28th March 2011
Section 22
Pre-sentencing reports about organisations
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 24(1), (2) and (3)
Effect of probation and absolute discharge
28th March 2011
Section 24(4) and (5)
Effect of probation and absolute discharge
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 27
Mutual recognition of judgments and probation decisions
28th March 2011
Section 32
Genocide, crimes against humanity and war crimes: UK residents
28th March 2011
Section 33
Genocide, crimes against humanity and war crimes: retrospective application
28th March 2011
Section 35(1) (but only in relation to subsections (2) and (3)) and (2) and (3)
Sale and hire of crossbows to persons under 18
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 35(1) (but only in relation to subsection (4)) and (4)
Sale and hire of crossbows to persons under 18
28th March 2011
Section 36(1) (but only in relation to subsections (2) and (3)) and (2) and (3)
Sale and hire of knives and certain other articles to persons under 18
28th March 2011
Section 36(1) (but only in relation to subsection (4)) and (4)
Sale and hire of knives and certain other articles to persons under 18
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 42(1)
Extreme pornography
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 42(2) and (3)
Extreme pornography
28th March 2011
Section 46
People trafficking
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 47
Slavery, servitude and forced or compulsory labour
28th March 2011
Section 48
Alternative charges for fraud and embezzlement
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 49
Articles for use in fraud
28th March 2011
Section 50
Conspiracy to commit offences outwith Scotland
28th March 2011
For all purposes in respect of acts done by a person in Scotland on or after the date specified in column 3 which would amount to conspiracy to commit an offence
Section 51
Abolition of offences of sedition and leasing-making
28th March 2011
Section 52
Prosecution of children
28th March 2011
Section 53
Offences: liability of partners
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 54
Witness statements
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 55
Breach of undertaking
28th March 2011
For all purposes in respect of any breach of undertaking committed on or after the date specified in column 3
Section 57
Bail review applications
28th March 2011
For all purposes in respect of any applications under section 30(2) of the 1995 Act received on or after the date specified in column 3
Section 58
Bail condition for identification procedures etc.
28th March 2011
For all purposes where the court grants bail to a person on or after the date specified in column 3
Section 61
Transfer of justice of the peace court cases
28th March 2011
Section 62
Additional charge where bail etc. breached
28th March 2011
For all purposes in respect of any breach of bail committed on or after the date specified in column 3
Section 65
Meaning of “organisation”
28th March 2011
For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a) in summary proceedings, on the date of the first calling of the case; and
(b) in solemn cases, 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; or
(iii) the service of an indictment
Section 66
Proceedings on indictment against organisations
28th March 2011
For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a) in summary proceedings, on the date of the first calling of the case; and
(b) in solemn cases, 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; or
(iii) the service of an indictment
Section 67
Prosecution of organisations by summary procedure
28th March 2011
For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a) in summary proceedings, on the date of the first calling of the case; and
(b) in solemn cases, 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; or
(iii) the service of an indictment
Section 68
Manner of citation of organisations in summary proceedings
28th March 2011
For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a) in summary proceedings, on the date of the first calling of the case; and
(b) in solemn cases, 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; or
(iii) the service of an indictment
Section 69
Prohibition of personal conduct of case by accused in certain proceedings
28th March 2011
For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 70
Disclosure of convictions and non-court disposals
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 72
Time limits for lodging certain appeals
28th March 2011
Section 73
Submissions as to sufficiency of evidence
28th March 2011
For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 74
Prosecutor’s right of appeal
28th March 2011
For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 75
Power of High Court in appeal under section 107A of 1995 Act
28th March 2011
Section 76
Further amendment of 1995 Act
28th March 2011
For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 77(1)
Retention of samples etc.
28th March 2011
For the purposes of amending sections 18(3) and 18A of the 1995 Act
Section 77(1) (in so far as not already in force)
Retention of samples etc.
1st August 2011
Section 77(2)(a) and (3)
Retention of samples etc.
28th March 2011
Section 77(2)(b) and (c)
Retention of samples etc.
1st August 2011
Section 78
Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted
28th March 2011
Section 79
Retention of samples etc. taken or provided in connection with certain fixed penalty offences
28th March 2011
Section 80 (in so far as not already in force)
Retention of samples etc. from children referred to children’s hearings
15th April 2011
Section 81
Extension of section 19A of 1995 Act
28th March 2011
Section 82
Use of samples etc.
1st August 2011
Section 84
Admissibility of prior statements of witnesses: abolition of competence test
28th March 2011
Section 85
Witness statements: use during trial
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 86
Spouse or civil partner of accused a compellable witness
28th March 2011
For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a) in summary proceedings, on the date of the first calling of the case; and
(b) in solemn cases, 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; or
(iii) the service of an indictment
Section 87
Special measures for child witnesses and other vulnerable witnesses
28th March 2011
For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 88
Child witnesses in proceedings for people trafficking offences
28th March 2011
For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 89
Amendment of Criminal Justice (Scotland) Act 2003
28th March 2011
Section 90
Witness anonymity orders
28th March 2011
Section 91
Television link evidence
28th March 2011
For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 102(1)
Sex offender notification requirements
28th March 2011
For the purposes of amending sections 86, 87, 96 and 138 of the 2003 Act and commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act
Section 102(2)
Sex offender notification requirements
28th March 2011
Only for the purpose of commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act
Section 102(3) to (6)
Sex offender notification requirements
28th March 2011
Section 106
Grant of authorisations for surveillance
28th March 2011
Section 107
Authorisations to interfere with property etc.
28th March 2011
Section 115
Compensation orders
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 116
Meaning of “information”
6th June 2011
Section 117
Provision of information to prosecutor: solemn cases
6th June 2011
For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 118
Continuing duty to provide information: solemn cases
6th June 2011
For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 119
Provision of information to prosecutor: summary cases
6th June 2011
For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 120
Continuing duty of investigating agency: summary cases
6th June 2011
For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 121
Prosecutor’s duty to disclose information
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 122
Disclosure of other information: solemn cases
6th June 2011
For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 123(1), (2), (5) and (6)
Continuing duty of prosecutor
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 123(3) and (4)
Continuing duty of prosecutor
6th June 2011
For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 124
Defence statements: solemn proceedings
6th June 2011
For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 125
Defence statements: summary proceedings
6th June 2011
For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 126
Change in circumstances following lodging of defence statement: summary proceedings
6th June 2011
For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 127
Sections 121 to 126: no need to disclose same information more than once
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 128
Application by accused for ruling on disclosure
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 129
Review of ruling under section 128
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 130
Appeals against rulings under section 128
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 131
Effect of guilty plea
6th June 2011
For all purposes in respect of criminal proceedings in which—
(a) the first appearance of the accused; or
(b) the recording of a plea of not guilty against an accused charged on summary complaint,
is on or after the date specified in column 3
Section 132
Sections 133 to 140: interpretation
6th June 2011
For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 133
Duty to disclose after conclusion of proceedings at first instance
6th June 2011
For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 134
Continuing duty of prosecutor
6th June 2011
For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 135
Application to prosecutor for further disclosure
6th June 2011
For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 136
Further duty of prosecutor: conviction upheld on appeal
6th June 2011
For all purposes in respect of appellate proceedings, as concluded, which arose in respect of earlier proceedings
Section 137
Further duty of prosecutor: convicted persons
6th June 2011
For all purposes in respect of criminal proceedings, as concluded, in which the first appearance of the accused or the recording of a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column 3
Section 138
Further duty of prosecutor: appeal against acquittal
6th June 2011
For all purposes in respect of appellate proceedings, in respect of which section 138 makes provision, arising out of proceedings in which the first appearance of the accused is, or the recording of a plea of not guilty against an accused charged on summary complaint is, on or after the date specified in column 3
Section 139
Application by appellant for ruling on disclosure
6th June 2011
For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 140
Review of ruling under section 139
6th June 2011
For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 141
Application for section 145 order
6th June 2011
Section 142
Application for non-notification order or exclusion order
6th June 2011
Section 143
Application for non-notification order and exclusion order
6th June 2011
Section 144
Application for exclusion order
6th June 2011
Section 145
Application for section 145 order: determination
6th June 2011
Section 146
Order preventing or restricting disclosure: application by Secretary of State
6th June 2011
Section 147
Application for ancillary orders: Secretary of State
6th June 2011
Section 148
Application for restricted notification order and non-attendance order
6th June 2011
Section 149
Application for non-attendance order
6th June 2011
Section 150
Special counsel
6th June 2011
Section 151
Persons eligible for appointment as special counsel
6th June 2011
Section 152
Role of special counsel
6th June 2011
Section 153
Appeals
6th June 2011
Section 154
Prohibition on disclosure pending determination of certain appeals
6th June 2011
Section 155
Review of section 145 order
6th June 2011
Section 156
Review of section 146 order
6th June 2011
Section 157
Review by court of section 145 and 146 orders
6th June 2011
Section 158
Applications and reviews: general provisions
6th June 2011
Section 159
Exemptions from disclosure
6th June 2011
Section 160
Means of disclosure
6th June 2011
Section 161
Redaction of non-disclosable information by prosecutor
6th June 2011
Section 162
Confidentiality of disclosed information
6th June 2011
Section 163
Contravention of section 162
6th June 2011
Section 164
Code of practice
6th June 2011
Section 165
Acts of Adjournal
6th June 2011
Section 166
Abolition of common law rules about disclosure
6th June 2011
For all purposes in respect of—
(a) criminal proceedings in which—
(i) the first appearance of the accused; or
(ii) a plea of not guilty is recorded against an accused charged on summary complaint,
is on or after the date specified in column 3;
(b) appellate proceedings arising out of criminal proceedings mentioned in paragraph (a).
Section 167
Interpretation of Part 6
6th June 2011
Section 172(1) to (3),(4)(a), (5) and (6)
Conditions to which licences under 1982 Act are to be subject
28th March 2011
For all purposes in respect of licence applications under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3
Section 175
Licensing of street trading: food hygiene certificates
28th March 2011
For all purposes in respect of applications for a street traders licence under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3
Section 176
Licensing of public entertainment
1st April 2012
Section 177
Licensing of late night catering
1st October 2012
Section 186
Premises licence applications: food hygiene certificates
28th March 2011
For all purposes in respect of applications for a premises licence made under section 20 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 188(2)
Sale of alcohol to trade
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Section 189
Occasional licences
1st October 2011
For all purposes in respect of applications for an occasional licence made under section 56 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 190
Extended hours applications: notification period
1st October 2011
For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 191
Extended hours applications: variation of conditions
28th March 2011
For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 203
Modification of enactments
28th March 2011
Schedule 5
Witness anonymity orders: transitional
28th March 2011
The following paragraphs of Schedule 7:—
Modifications of enactments
28th March 2011
1, 2, 3, 6, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25, 27, 28, 29, 30, 31, 34, 35, 36, 44, 45, 47, 50, 52, 53, 54, 55, 56, 59, 60, 61, 63, 64, 65, 67, 68, 69, 72, 74, 77, 78, 79, 80, 81, 82 and 83
Schedule 7, paragraph 24
28th March 2011
For all purposes in respect of offences committed on or after the date specified in column 3
Schedule 7, paragraph 33
1st August 2011

## Explanatory note

(This note is not part of the Order)
The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.
This Order brings into force certain other provisions of the Act. The Schedule to this Order specifies the date certain provisions of the Act come into force. Article 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. Those provisions come into force for all purposes unless otherwise specified in articles 3 to 10 or column 4 of the Schedule.

---
Source: https://www.legislation.gov.uk/ssi/2011/178 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-8-transitional-and-savings-provisions-order-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.