{
  "url": "https://openlegislation.uk/draft-bail-and-release-from-custody-scotland-act-2023-consequential-modifications-order-2024/article-4",
  "json_url": "https://openlegislation.uk/draft-bail-and-release-from-custody-scotland-act-2023-consequential-modifications-order-2024/article-4.json",
  "legislation": "ukdsi/2024/9780348264470",
  "legislation_title": "The Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024",
  "legislation_url": "https://openlegislation.uk/draft-bail-and-release-from-custody-scotland-act-2023-consequential-modifications-order-2024",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Transitional and saving provision",
  "text": "(1) For the purposes of any pre-2023 Act proceedings, section 23C of the Criminal Procedure (Scotland) Act 1995 applies to such proceedings by virtue of sections 7(7), 9(2) and 77(2) of the Extradition Act 2003 (“the 2003 Act”) as it applied to such proceedings before the coming into force of section 2(3) of the Bail and Release from Custody (Scotland) Act 2023 (“the 2023 Act”).\n(2) In paragraph (1), “pre-2023 Act proceedings” means any proceedings relating to a person under the 2003 Act where—\n(a) the designated authority received the Part 1 warrant in respect of the person under section 2 of the 2003 Act,\n(b) the person was arrested under section 5 of the 2003 Act, or\n(c) the Scottish Ministers received the request for the extradition of the person to a category 2 territory under section 70 of the 2003 Act,\nbefore the coming into force of section 2 of the 2023 Act.\n(3) In paragraph (2)—\n“designated authority” has the meaning given by section 2(9) of the 2003 Act;\n“Part 1 warrant” has the meaning given by section 2(2) of the 2003 Act;\n“Category 2 territory” has the meaning given by section 69(2) of the 2003 Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 23C was inserted by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2023 asp 4."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Subject to exceptions which are not relevant to this Order, any function which falls under Part 2 of the Extradition Act 2003 to be exercised in relation to Scotland only is exercisable by the Scottish Ministers (see section 141 of that Act)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2024/9780348264470/article/4",
    "retrieved_at": "2026-10-30T14:40:31.283960+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."
}