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The Criminal Justice (Scotland) Act 1987 (Commencement No.5) Order 1988

S.I. 1988/482 · Made 9 March 1988

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.

CRIMINAL LAW, SCOTLAND

Made 9th March 1988

The Secretary of State, in exercise of the powers conferred on him by section 72(2) of the Criminal Justice (Scotland) Act 1987( f1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1987 c. 41

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Schedule PROVISIONS OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 COMING INTO FORCE ON 1ST APRIL 1988
  5. REPEALS IN SCHEDULE 2 TO THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 TAKING EFFECT ON 1ST APRIL 1988
  6. Explanatory note

1

This Order may be cited as the Criminal Justice (Scotland) Act 1987 (Commencement No.5) Order 1988.

2

The provisions of the Criminal Justice (Scotland) Act 1987 referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 1st April 1988.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

New St Andrew’s House,

Edinburgh

9th March 1988

PROVISIONS OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 COMING INTO FORCE ON 1ST APRIL 1988

Column 1Column 2
Provisions of the ActSubject matter of provisions
Sections 1 to 30, 32 to 44, 45(2), (3), (5), (6), (7)(c) and (f), 46 and 47.Confiscation of proceeds of drug trafficking etc.
Section 50.Detention in connection with certain drug smuggling offences.
Section 59.Detention of children in summary proceedings.
Section 67.Increases in periods of imprisonment for non-payment of fines etc.
Section 70 to the extent necessary to give effect to the provisions of Schedule 2 specified below.Amendments and repeals.
Section 71.Expenses.
Schedule 2, to the extent specified in the Appendix hereto.Repeals.

REPEALS IN SCHEDULE 2 TO THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987 TAKING EFFECT ON 1ST APRIL 1988

ChapterShort titleExtent of repeal
1 Edw. 8 and 1 Geo. 6 c. 37.The Children and Young Persons (Scotland) Act 1937.Section 58A.
1968 c. 49The Social Work (Scotland) Act 1968.In Schedule 2, paragraph 16.
1975 c. 21The Criminal Procedure (Scotland) Act 1975.Section 193B.
1985 c. 73The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.Section 39.
1986 c. 32The Drug Trafficking Offences Act 1986. In each of sections 13(1), 15(2), 16(2) and 17(2) the words “or on the Court of Session by sections 20 to 22 of this Act”.
Sections 20 to 23.
In section 27, in subsection (1), the words “or, in Scotland, the procurator fiscal” and “or, in Scotland, the sheriff”; in each of subsections (2) and (3) the words “or, as the case may be, the sheriff”;in subsection (5), the words “or, in Scotland, the procurator fiscal”; and in subsection (6), the words “or, as respects Scotland, rules of court”.
In section 28, in subsection (1), the words “or, in Scotland, the procurator fiscal” and “or, in Scotland, the sheriff,”; and in subsection (2), the words “or, as the case may be, the sheriff”.
Section 29(3).
In section 33(2), the word “or” at the end of paragraph (b).
In section 40(4), paragraph (a); in paragraph (b), the references to section 7(3), to section 8(8) and (9), to section 13, to section 24(3)(a) and to sections 27 to 29; and paragraph (c).

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st April 1988 the provisions of the Criminal Justice (Scotland) Act 1987 which are referred to in column 1 of the Schedule to the Order.