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The Scotland Act 2012 (Consequential Provisions) Order 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111533123

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.

Draft Order laid before Parliament under section 42(6) of the Scotland Act 2012, for approval by resolution of each House of Parliament.

Constitutional Law

Devolution, Scotland

Made

Coming into force 22nd April 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 42(1) and (4) of the Scotland Act 2012f1.

In accordance with section 42(6) of that Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2012 c.11.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Legal Aid (Scotland) Act 1986
  3. 3Amendment of the Criminal Justice and Licensing (Scotland) Act 2010
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Scotland Act 2012 (Consequential Provisions) Order 2013 and comes into force on 22nd April 2013.

2Amendment of the Legal Aid (Scotland) Act 1986

(1)

The Legal Aid (Scotland) Act 1986f1 is amended as follows.

(2)

In section 21 (scope and nature of criminal legal aid), after paragraph (1) (c)f2 insert—

“(d)

any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act 1995f3”.

(3)

For subsection (1) of section 25AB (legal aid in references, appeals or applications for special leave to appeal to the Supreme Court)f4 substitute—

“(1)

This section shall apply to criminal legal aid in connection with—

(a)

any reference, appeal or application for special leave to appeal to the Supreme Court under paragraph 11, 13(a) or 33 of Schedule 6 to the Scotland Act 1998; or

(b)

any reference, appeal or application for permission to appeal to the Supreme Court under section 288ZB or 288AA of the Criminal Procedure (Scotland) Act 1995.”.

(4)

In section 25AB(2) after “special leave” where it occurs in both places insert “or permission”.

(5)

In section 25AB(4)f5 after “the Scotland Act 1998” insert “or under section 288ZB of the Criminal Procedure (Scotland) Act 1995”.

3Amendment of the Criminal Justice and Licensing (Scotland) Act 2010

In the definition of “appellate proceedings” in section 132 of the Criminal Justice and Licensing (Scotland) Act 2010 (sections 133 to 140: interpretation)f1, after paragraph (e) insert—

“(ea)

an appeal to the Supreme Court against a determination by the High Court of Justiciary of a compatibility issue (within the meaning of section 288ZA of the Criminal Procedure (Scotland) Act 1995),”.

Signature

Secretary of State

Scotland Office

Dover House,

London

Date

Explanatory note

(This note is not part of the Order)

The Order amends a number of enactments in consequence of sections 34 to 36 of the Scotland Act 2012 coming into force on 22nd April 2013. These sections create a new system of “compatibility issues”.

Article 2 amends the Legal Aid (Scotland) Act 1986 in relation to criminal legal aid so that it is available in relation to compatibility issues.

Article 3 amends the definition of “appellate proceedings” in section 132 of the Criminal Justice and Licensing (Scotland) Act 2010 to include compatibility issues.