Schedule
Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (date of commencement) | Column 4 (purpose) |
|---|---|---|---|
| Section 14(1) (in part) and (2) | Community payback orders | 1st February 2011 | For all purposes apart from inserting section 227ZM into the 1995 Act |
| Section 14(1) (in part) | Community payback orders – annual reports on community payback orders | 1st April 2011 | For the purpose of inserting section 227ZM into the 1995 Act |
| Section 16 | Short periods of detention | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 17 | Presumption against short periods of detention | 1st February 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 20 | Reports about supervised persons | 1st February 2011 | |
| Section 21 | Detention of children convicted on indictment | 1st February 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 23 | Extended sentences for certain sexual offences | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 25 | Offences aggravated by racial or religious prejudice | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 26 | Voluntary intoxication by alcohol: effect in sentencing | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 28 | Involvement in serious organised crime | 13th December 2010 | |
| Section 29 | Offences aggravated by connection with serious organised crime | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 30 | Directing serious organised crime | 13th December 2010 | |
| Section 31 | Failure to report serious organised crime | 13th December 2010 | |
| Section 34 | Articles banned in prison | 13th December 2010 | |
| Section 37 | Offensive weapons etc | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 39 | Offence of stalking | 13th December 2010 | |
| Section 40 | Certain sexual offences by non-natural persons | 13th December 2010 | |
| Section 41 | Indecent images of children | 13th December 2010 | |
| Section 45 | Penalties for offences of brothel-keeping and living on the earnings of prostitution | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 56 | Grant of warrants for execution by constables and police members of SCDEA | 13th December 2010 | |
| Section 59 | Bail conditions: remote monitoring requirements | 13th December 2010 | |
| Section 60 | Prosecution on indictment: Scottish Law Officers | 13th December 2010 | |
| Section 64 | Remand and committal of children and young persons | 13th December 2010 | |
| Section 71 | Convictions by courts in other EU Member States | 13th December 2010 | |
| Section 80 | Retention of samples etc. from children referred to children’s hearings | 13th December 2010 | Section 80 is commenced for the purpose of inserting the following provisions into the 1995 Act:—
|
| Section 93 | Lists of jurors | 13th December 2010 | |
| Section 94 | Upper age limit for jurors | 10th January 2011 | |
| Section 95 | Excusal from jury service | 10th January 2011 | |
| Section 96 | Persons excusable from jury service | 10th January 2011 | |
| Section 99 | Closure of premises associated with human exploitation etc. | 13th December 2010 | |
| Section 101 | Foreign travel orders | 13th December 2010 | |
| Section 104 | Risk of sexual harm orders: spent convictions | 13th December 2010 | |
| Section 105 | Obtaining information from outwith United Kingdom | 13th December 2010 | |
| Section 111 | Assistance for victim support | 13th December 2010 | |
| Section 112 | Public defence solicitors | 13th December 2010 | |
| Section 113 | Compensation for miscarriages of justice | 13th December 2010 | |
| Section 114 | Financial reporting orders | 13th December 2010 | |
| Section 173 | Licensing: powers of entry and inspection for civilian employees | 13th December 2010 | |
| Section 178 | Applications for licenses | 28th February 2011 | In so far as not already in force, for all purposes in respect of applications for the grant or renewal of licences under paragraph 1 of Schedule 1, or paragraph 6 of Schedule 2 to the Civic Government (Scotland) Act 1982 made on or after the date specified in column 3 |
| Section 180 | Premises licence applications: notification requirements | 13th December 2010 | For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 181 | Premises licence applications : modification of layout plans | 13th December 2010 | For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 182 | Reviews of premises licences: notification of determinations | 28th February 2011 | For all purposes in respect of premises licence review proposals made by a Licensing Board under section 37(1) of the 2005 Act and all premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 183 | Premises licence applications: antisocial behaviour reports | 13th December 2010 | For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 184(1) and (2) | Premises licences: connected persons and | 13th December 2010 | Section 184(2) is commenced for the |
| interested parties | purposes of inserting | ||
| the following | |||
| provisions into | |||
| the 2005 Act:— | |||
| (a) section 40A(1), but not sub-paragraph (b) | |||
| (b) section 40A(2), but not the words “or an interested party” | |||
| (c) section 40A(3) to (5) | |||
Section 184(3)(a)(i) Section 184(3)(a)(ii) Section 184(3)(b) | Section 184(3)(a)(ii) is commenced for the purpose of inserting into the 2005 Act section 48(1)(c)(i) only | ||
| Section 185 | Provisional premises licences: duration | 13th December 2010 | |
| Section 187 | Provision of copies of licences to chief constable | 13th December 2010 | For all purposes in respect of premises licence applications or an application under section 47(2) of the 2005 Act made to a Licensing Board on or after the date specified in column 3 |
| Section 188(1) and (3) | Sale of alcohol to trade | 13th December 2010 | Section 188(3) is commenced for all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 192 | Personal licences | 13th December 2010 | Sections 192(1) and (2) are commenced for all purposes in respect of applications for a personal licence under section 72(1) of the 2005 Act made to a Licensing Board on or after the date specified in column 3 |
| Section 192(3) is commenced for all purposes in respect of all personal licences granted following an application that was made to a Licensing Board on or after the date specified in column 3 | |||
Section 192(4) is commenced for all purposes in respect of applications for a replacement personal licence received by a Licensing Board on or after the date specified in column 3 | |||
| Section 193 | Emergency closure orders | 13th December 2010 | |
| Section 194 | Appeals | 13th December 2010 | For all purposes in respect of decisions that may be appealed under section 131(1) of, and Schedule 5 to, the 2005 Act made by a Licensing Board on or after the date specified in column 3 |
| Section 195 | Liability for offences | 13th December 2010 | Section 195(2) is commenced for all purposes in respect of offences committed on or after the date specified in column 3 |
Section 195(3) is commenced for the purposes of inserting the following provisions into the 2005 Act in respect of offences committed on or after the date specified in column 3:—
| |||
| Section 196 | False statements in applications: offence | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 198 | Further modifications of the 2005 Act | 13th December 2010 | |
| Section 199 | Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998 | 13th December 2010 | |
| Schedule 2 | Community payback orders: consequential modifications | 1st February 2011 | For all purposes apart from bringing into force paragraph 38 |
| Schedule 2 | Community payback orders – amendment to the Jobseekers Act 1995 | The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force | For the purpose of bringing into force paragraph 38 |
| Schedule 4 | Convictions by courts in other EU Member States: modifications of enactments | 13th December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3, apart from bringing into force paragraph 12 |
| The following paragraphs of schedule 6:— | Further modifications of the 2005 Act | 13th December 2010 | |
| 1 | |||
| 3 to 6 | Paragraphs 5 and 6(3) are commenced for all purposes in respect of | ||
| applications for a | |||
| premises licence under | |||
| section 20 of the 2005 Act made to a Licensing Board on or after the date specified in column 3. | |||
| 7 | Paragraph 7 (is | ||
| commenced for all | |||
| purposes in respect of | |||
| applications for the transfer of a premises licence made to a Licensing Board on or after the date specified in column 3 | |||
| 8 | Paragraph 8 is commenced for all purposes in respect of any notice of conviction given by a Licensing Board to the appropriate chief constable under section 44(2) of the 2005 Act on or after the date specified in column 3 | ||
| 11 to 16 | Paragraph 11 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 69(1) of the 2005 Act on or after the date specified in column 3 | ||
| Paragraph 12 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 73(1) of the 2005 Act in respect of an application for a personal licence made on or after the date specified in column 3 | |||
| Paragraphs 13 to 15 are commenced for all purposes in respect of applications for a personal licence under section 72 of the 2005 Act made on or after the date specified in column 3 | |||
| 18 | Paragraph 18 is commenced for all purposes in respect of applications for occasional licences made to a Licensing Board on or after the date specified in column 3 | ||
| The following paragraphs of schedule 7:— | Modifications of enactments | ||
| 4 | 13th December 2010 | ||
| 5 | 13th December 2010 | ||
| 13 | 13th December 2010 | ||
| 48 | 10th January 2011 | ||
| 49 | 13th December 2010 | ||
| 86 | 13th December 2010 |