{
  "url": "https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-8-transitional-and-savings-provisions-order-2011/schedule",
  "json_url": "https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-8-transitional-and-savings-provisions-order-2011/schedule.json",
  "legislation": "ssi/2011/178",
  "legislation_title": "The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011",
  "legislation_url": "https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-8-transitional-and-savings-provisions-order-2011",
  "path": "schedule",
  "kind": "schedule",
  "number": null,
  "heading": null,
  "text": "Column 1\n(provisions of the Act)\nColumn 2\n(subject matter)\nColumn 3\n(date of commencement)\nColumn 4\n(purpose)\nSection 15\nNon-harassment orders\n28th March 2011\nFor all purposes where the misconduct complained of occurred on or after the date specified in column 3\nSection 19\nEarly removal of certain short-term prisoners from the United Kingdom\n28th March 2011\nSection 22\nPre-sentencing reports about organisations\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 24(1), (2) and (3)\nEffect of probation and absolute discharge\n28th March 2011\nSection 24(4) and (5)\nEffect of probation and absolute discharge\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 27\nMutual recognition of judgments and probation decisions\n28th March 2011\nSection 32\nGenocide, crimes against humanity and war crimes: UK residents\n28th March 2011\nSection 33\nGenocide, crimes against humanity and war crimes: retrospective application\n28th March 2011\nSection 35(1) (but only in relation to subsections (2) and (3)) and (2) and (3)\nSale and hire of crossbows to persons under 18\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 35(1) (but only in relation to subsection (4)) and (4)\nSale and hire of crossbows to persons under 18\n28th March 2011\nSection 36(1) (but only in relation to subsections (2) and (3)) and (2) and (3)\nSale and hire of knives and certain other articles to persons under 18\n28th March 2011\nSection 36(1) (but only in relation to subsection (4)) and (4)\nSale and hire of knives and certain other articles to persons under 18\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 42(1)\nExtreme pornography\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 42(2) and (3)\nExtreme pornography\n28th March 2011\nSection 46\nPeople trafficking\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 47\nSlavery, servitude and forced or compulsory labour\n28th March 2011\nSection 48\nAlternative charges for fraud and embezzlement\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 49\nArticles for use in fraud\n28th March 2011\nSection 50\nConspiracy to commit offences outwith Scotland\n28th March 2011\nFor 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\nSection 51\nAbolition of offences of sedition and leasing-making\n28th March 2011\nSection 52\nProsecution of children\n28th March 2011\nSection 53\nOffences: liability of partners\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 54\nWitness statements\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 55\nBreach of undertaking\n28th March 2011\nFor all purposes in respect of any breach of undertaking committed on or after the date specified in column 3\nSection 57\nBail review applications\n28th March 2011\nFor 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\nSection 58\nBail condition for identification procedures etc.\n28th March 2011\nFor all purposes where the court grants bail to a person on or after the date specified in column 3\nSection 61\nTransfer of justice of the peace court cases\n28th March 2011\nSection 62\nAdditional charge where bail etc. breached\n28th March 2011\nFor all purposes in respect of any breach of bail committed on or after the date specified in column 3\nSection 65\nMeaning of “organisation”\n28th March 2011\nFor all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—\n(a) in summary proceedings, on the date of the first calling of the case; and\n(b) in solemn cases, on the date on whichever of the following first occurs:—\n(i) the grant of a warrant to arrest and commit;\n(ii) the intimation of a petition; or\n(iii) the service of an indictment\nSection 66\nProceedings on indictment against organisations\n28th March 2011\nFor all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—\n(a) in summary proceedings, on the date of the first calling of the case; and\n(b) in solemn cases, on the date on whichever of the following first occurs:—\n(i) the grant of a warrant to arrest and commit;\n(ii) the intimation of a petition; or\n(iii) the service of an indictment\nSection 67\nProsecution of organisations by summary procedure\n28th March 2011\nFor all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—\n(a) in summary proceedings, on the date of the first calling of the case; and\n(b) in solemn cases, on the date on whichever of the following first occurs:—\n(i) the grant of a warrant to arrest and commit;\n(ii) the intimation of a petition; or\n(iii) the service of an indictment\nSection 68\nManner of citation of organisations in summary proceedings\n28th March 2011\nFor all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—\n(a) in summary proceedings, on the date of the first calling of the case; and\n(b) in solemn cases, on the date on whichever of the following first occurs:—\n(i) the grant of a warrant to arrest and commit;\n(ii) the intimation of a petition; or\n(iii) the service of an indictment\nSection 69\nProhibition of personal conduct of case by accused in certain proceedings\n28th March 2011\nFor 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\nSection 70\nDisclosure of convictions and non-court disposals\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 72\nTime limits for lodging certain appeals\n28th March 2011\nSection 73\nSubmissions as to sufficiency of evidence\n28th March 2011\nFor 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\nSection 74\nProsecutor’s right of appeal\n28th March 2011\nFor 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\nSection 75\nPower of High Court in appeal under section 107A of 1995 Act\n28th March 2011\nSection 76\nFurther amendment of 1995 Act\n28th March 2011\nFor 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\nSection 77(1)\nRetention of samples etc.\n28th March 2011\nFor the purposes of amending sections 18(3) and 18A of the 1995 Act\nSection 77(1) (in so far as not already in force)\nRetention of samples etc.\n1st August 2011\nSection 77(2)(a) and (3)\nRetention of samples etc.\n28th March 2011\nSection 77(2)(b) and (c)\nRetention of samples etc.\n1st August 2011\nSection 78\nRetention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted\n28th March 2011\nSection 79\nRetention of samples etc. taken or provided in connection with certain fixed penalty offences\n28th March 2011\nSection 80 (in so far as not already in force)\nRetention of samples etc. from children referred to children’s hearings\n15th April 2011\nSection 81\nExtension of section 19A of 1995 Act\n28th March 2011\nSection 82\nUse of samples etc.\n1st August 2011\nSection 84\nAdmissibility of prior statements of witnesses: abolition of competence test\n28th March 2011\nSection 85\nWitness statements: use during trial\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 86\nSpouse or civil partner of accused a compellable witness\n28th March 2011\nFor all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—\n(a) in summary proceedings, on the date of the first calling of the case; and\n(b) in solemn cases, on the date on whichever of the following first occurs:—\n(i) the grant of a warrant to arrest and commit;\n(ii) the intimation of a petition; or\n(iii) the service of an indictment\nSection 87\nSpecial measures for child witnesses and other vulnerable witnesses\n28th March 2011\nFor 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\nSection 88\nChild witnesses in proceedings for people trafficking offences\n28th March 2011\nFor 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\nSection 89\nAmendment of Criminal Justice (Scotland) Act 2003\n28th March 2011\nSection 90\nWitness anonymity orders\n28th March 2011\nSection 91\nTelevision link evidence\n28th March 2011\nFor 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\nSection 102(1)\nSex offender notification requirements\n28th March 2011\nFor 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\nSection 102(2)\nSex offender notification requirements\n28th March 2011\nOnly 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\nSection 102(3) to (6)\nSex offender notification requirements\n28th March 2011\nSection 106\nGrant of authorisations for surveillance\n28th March 2011\nSection 107\nAuthorisations to interfere with property etc.\n28th March 2011\nSection 115\nCompensation orders\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 116\nMeaning of “information”\n6th June 2011\nSection 117\nProvision of information to prosecutor: solemn cases\n6th June 2011\nFor 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\nSection 118\nContinuing duty to provide information: solemn cases\n6th June 2011\nFor 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\nSection 119\nProvision of information to prosecutor: summary cases\n6th June 2011\nFor 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\nSection 120\nContinuing duty of investigating agency: summary cases\n6th June 2011\nFor 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\nSection 121\nProsecutor’s duty to disclose information\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 122\nDisclosure of other information: solemn cases\n6th June 2011\nFor 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\nSection 123(1), (2), (5) and (6)\nContinuing duty of prosecutor\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 123(3) and (4)\nContinuing duty of prosecutor\n6th June 2011\nFor 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\nSection 124\nDefence statements: solemn proceedings\n6th June 2011\nFor 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\nSection 125\nDefence statements: summary proceedings\n6th June 2011\nFor 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\nSection 126\nChange in circumstances following lodging of defence statement: summary proceedings\n6th June 2011\nFor 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\nSection 127\nSections 121 to 126: no need to disclose same information more than once\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 128\nApplication by accused for ruling on disclosure\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 129\nReview of ruling under section 128\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 130\nAppeals against rulings under section 128\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 131\nEffect of guilty plea\n6th June 2011\nFor all purposes in respect of criminal proceedings in which—\n(a) the first appearance of the accused; or\n(b) the recording of a plea of not guilty against an accused charged on summary complaint,\nis on or after the date specified in column 3\nSection 132\nSections 133 to 140: interpretation\n6th June 2011\nFor all purposes in respect of appellate proceedings arising out of earlier proceedings\nSection 133\nDuty to disclose after conclusion of proceedings at first instance\n6th June 2011\nFor all purposes in respect of appellate proceedings arising out of earlier proceedings\nSection 134\nContinuing duty of prosecutor\n6th June 2011\nFor all purposes in respect of appellate proceedings arising out of earlier proceedings\nSection 135\nApplication to prosecutor for further disclosure\n6th June 2011\nFor all purposes in respect of appellate proceedings arising out of earlier proceedings\nSection 136\nFurther duty of prosecutor: conviction upheld on appeal\n6th June 2011\nFor all purposes in respect of appellate proceedings, as concluded, which arose in respect of earlier proceedings\nSection 137\nFurther duty of prosecutor: convicted persons\n6th June 2011\nFor 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\nSection 138\nFurther duty of prosecutor: appeal against acquittal\n6th June 2011\nFor 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\nSection 139\nApplication by appellant for ruling on disclosure\n6th June 2011\nFor all purposes in respect of appellate proceedings arising out of earlier proceedings\nSection 140\nReview of ruling under section 139\n6th June 2011\nFor all purposes in respect of appellate proceedings arising out of earlier proceedings\nSection 141\nApplication for section 145 order\n6th June 2011\nSection 142\nApplication for non-notification order or exclusion order\n6th June 2011\nSection 143\nApplication for non-notification order and exclusion order\n6th June 2011\nSection 144\nApplication for exclusion order\n6th June 2011\nSection 145\nApplication for section 145 order: determination\n6th June 2011\nSection 146\nOrder preventing or restricting disclosure: application by Secretary of State\n6th June 2011\nSection 147\nApplication for ancillary orders: Secretary of State\n6th June 2011\nSection 148\nApplication for restricted notification order and non-attendance order\n6th June 2011\nSection 149\nApplication for non-attendance order\n6th June 2011\nSection 150\nSpecial counsel\n6th June 2011\nSection 151\nPersons eligible for appointment as special counsel\n6th June 2011\nSection 152\nRole of special counsel\n6th June 2011\nSection 153\nAppeals\n6th June 2011\nSection 154\nProhibition on disclosure pending determination of certain appeals\n6th June 2011\nSection 155\nReview of section 145 order\n6th June 2011\nSection 156\nReview of section 146 order\n6th June 2011\nSection 157\nReview by court of section 145 and 146 orders\n6th June 2011\nSection 158\nApplications and reviews: general provisions\n6th June 2011\nSection 159\nExemptions from disclosure\n6th June 2011\nSection 160\nMeans of disclosure\n6th June 2011\nSection 161\nRedaction of non-disclosable information by prosecutor\n6th June 2011\nSection 162\nConfidentiality of disclosed information\n6th June 2011\nSection 163\nContravention of section 162\n6th June 2011\nSection 164\nCode of practice\n6th June 2011\nSection 165\nActs of Adjournal\n6th June 2011\nSection 166\nAbolition of common law rules about disclosure\n6th June 2011\nFor all purposes in respect of—\n(a) criminal proceedings in which—\n(i) the first appearance of the accused; or\n(ii) a plea of not guilty is recorded against an accused charged on summary complaint,\nis on or after the date specified in column 3;\n(b) appellate proceedings arising out of criminal proceedings mentioned in paragraph (a).\nSection 167\nInterpretation of Part 6\n6th June 2011\nSection 172(1) to (3),(4)(a), (5) and (6)\nConditions to which licences under 1982 Act are to be subject\n28th March 2011\nFor 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\nSection 175\nLicensing of street trading: food hygiene certificates\n28th March 2011\nFor 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\nSection 176\nLicensing of public entertainment\n1st April 2012\nSection 177\nLicensing of late night catering\n1st October 2012\nSection 186\nPremises licence applications: food hygiene certificates\n28th March 2011\nFor 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\nSection 188(2)\nSale of alcohol to trade\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSection 189\nOccasional licences\n1st October 2011\nFor 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\nSection 190\nExtended hours applications: notification period\n1st October 2011\nFor 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\nSection 191\nExtended hours applications: variation of conditions\n28th March 2011\nFor 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\nSection 203\nModification of enactments\n28th March 2011\nSchedule 5\nWitness anonymity orders: transitional\n28th March 2011\nThe following paragraphs of Schedule 7:—\nModifications of enactments\n28th March 2011\n1, 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\nSchedule 7, paragraph 24\n28th March 2011\nFor all purposes in respect of offences committed on or after the date specified in column 3\nSchedule 7, paragraph 33\n1st August 2011",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/178/schedule",
    "retrieved_at": "2026-10-28T21:49:56.425296+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."
}