OpenLegislation

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

1995 c. 40 · Enacted 8 November 1995 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 31 December 2020.

See the changes not yet applied
ProvisionChangeMade by
Sch. 2 Pt. 3words repealedPublic Health etc. (Scotland) Act 2008 Sch. 3 Pt. 1

An Act to make provision for repeals, consequential amendments, transitional and transitory matters and savings in connection with the consolidation of enactments in the Criminal Procedure (Scotland) Act 1995, the Proceeds of Crime (Scotland) Act 1995 and the Criminal Law (Consolidation) (Scotland) Act 1995.

[8th November 1995] I1

C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Act extended (retrospective to 1.4.1996) by 1997 c. 48, s. 62(1), Sch. 1 para. 6(2)

Commencement

I1

Act wholly in force at 1.4.1996 see s. 7(2)

Contents

  1. 1Interpretation.
  2. 2Continuity of the law.
  3. 3Rationalisation of penalties.
  4. 4Transitional, transitory and savings.
  5. 5Minor and consequential amendments.
  6. 6Repeals.
  7. 7Short title, interpretation, commencement and extent.
  8. Schedule 1: Setting and alteration of certain penalties
  9. Amendments relating to penalties and mode of trial for offences made triable only summarily
  10. 1Paragraph 1
  11. Penalties on summary conviction for offences triable either summarily or on indictment
  12. 2Paragraph 2
  13. Increase of fines for certain summary offences
  14. 3Paragraph 3
  15. Penalties for first and subsequent convictions of summary offences to be the same
  16. 4Paragraph 4
  17. Increases of fines for certain summary offences
  18. 5Paragraph 5
  19. Standard scale: amendment of enactments
  20. 6Paragraph 6
  21. Statutory maximum as penalty in respect of summary conviction for offences in subordinate instruments
  22. 7Paragraph 7
  23. Fines under secondary subordinate instruments
  24. 8Paragraph 8
  25. Fines on summary conviction for offences under subordinate instruments: conversion to references to levels on scale
  26. 9Paragraph 9
  27. Part III of Schedule 2
  28. 10Paragraph 10
  29. Alteration of penalties on summary conviction of certain offences under the Misuse of Drugs Act 1971
  30. 11Paragraph 11
  31. Transitional provisions and savings
  32. 12Paragraph 12
  33. Schedule 2: Increase in Certain Penalties
  34. IOffences made triable only summarily, and related amendments
  35. IIIncrease of fines for certain summary offences
  36. IIIFines to be altered other than in accordance with paragraphs 4 and 5 of Schedule 1
  37. Schedule 3: Transitional Provisions, Transitory Modifications and Savings
  38. Part I: General and Miscellaneous
  39. General saving for old savings
  40. 1Paragraph 1
  41. Documents referring to repealed enactments
  42. 2Paragraph 2
  43. Provisions relating to the coming into force of other provisions
  44. 3Paragraph 3
  45. Part II: Specific Provisions
  46. Local government reform
  47. 4Paragraph 4
  48. The Principal Reporter
  49. 5Paragraph 5
  50. Penalties
  51. 6Paragraph 6
  52. District court procedure
  53. 7Paragraph 7
  54. Detention of children in summary proceedings
  55. 8Paragraph 8
  56. Effect of probation and absolute discharge
  57. 9Paragraph 9
  58. Restriction on discharge of hospital order
  59. 10Paragraph 10
  60. Aiding and abetting
  61. 11Paragraph 11
  62. Penal servitude and hard labour
  63. 12Paragraph 12
  64. Supervised attendance orders
  65. 13Paragraph 13 Repealed
  66. Hearsay evidence
  67. 14Paragraph 14
  68. Confiscation of proceeds of crime, etc.
  69. 15Paragraph 15
  70. Criminal Justice (Scotland) Act 1995 (c. 20)
  71. 16Paragraph 16
  72. Children (Scotland) Act 1995 (c. 36)
  73. 17Paragraph 17
  74. False oaths
  75. 18Paragraph 18
  76. Schedule 4: Minor and Consequential Amendments
  77. Jurors (Scotland) Act 1825 (c. 22)
  78. 1Paragraph 1
  79. Bankers’ Books Evidence Act 1879 (c. 11)
  80. 2Paragraph 2
  81. The Children and Young Persons (Scotland) Act 1937 (c. 37)
  82. 3Paragraph 3
  83. The Trade Marks Act 1938 (c. 22)
  84. 4Paragraph 4
  85. The Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
  86. 5Paragraph 5
  87. Social Work (Scotland) Act 1968 (c. 49)
  88. 6Paragraph 6
  89. Sea Fisheries Act 1968 (c. 77)
  90. 7Paragraph 7
  91. ...
  92. 8Paragraph 8 Repealed
  93. Fair Trading Act 1973 (c. 41)
  94. 9Paragraph 9
  95. Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)
  96. 10Paragraph 10 Repealed
  97. Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22)
  98. 11Paragraph 11 Repealed
  99. Restrictive Trade Practices Act 1976 (c. 34)
  100. 12Paragraph 12
  101. International Carriage of Perishable Foodstuffs Act 1976 (c. 58)
  102. 13Paragraph 13
  103. Marriage (Scotland) Act 1977 (c. 15)
  104. 14Paragraph 14
  105. Refuse Disposal (Amenity) Act 1978 (c. 3)
  106. 15Paragraph 15
  107. Adoption (Scotland) Act 1978 (c. 28)
  108. 16Paragraph 16 Repealed
  109. Interpretation Act 1978 (c. 30)
  110. 17Paragraph 17
  111. Customs and Excise Management Act 1979 (c. 2)
  112. 18Paragraph 18
  113. Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)
  114. 19Paragraph 19
  115. Alcoholic Liquor Duties Act 1979 (c. 4)
  116. 20Paragraph 20
  117. Hydrocarbon Oil Duties Act 1979 (c. 5)
  118. 21Paragraph 21
  119. Credit Unions Act 1979 (c. 34)
  120. 22Paragraph 22
  121. Estate Agents Act 1979 (c. 38)
  122. 23Paragraph 23
  123. Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
  124. 24Paragraph 24
  125. Isle of Man Act 1979 (c. 58)
  126. 25Paragraph 25
  127. Reserve Forces Act 1980 (c. 9)
  128. 26Paragraph 26
  129. Protection of Trading Interests Act 1980 (c. 11)
  130. 27Paragraph 27
  131. Competition Act 1980 (c. 21)
  132. 28Paragraph 28
  133. Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
  134. 29Paragraph 29
  135. Water (Scotland) Act 1980 (c. 45)
  136. 30Paragraph 30 Repealed
  137. Solicitors (Scotland) Act 1980 (c. 46)
  138. 31Paragraph 31
  139. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
  140. 32Paragraph 32
  141. Criminal Justice (Scotland) Act 1980 (c. 62)
  142. 33Paragraph 33
  143. Local Government, Planning and Land Act 1980 (c. 65)
  144. 34Paragraph 34
  145. Animal Health Act 1981 (c. 22)
  146. 35Paragraph 35
  147. Contempt of Court Act 1981 (c. 49)
  148. 36Paragraph 36
  149. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
  150. 37Paragraph 37
  151. Betting and Gaming Duties Act 1981 (c. 63)
  152. 38Paragraph 38
  153. Civil Aviation Act 1982 (c. 16)
  154. 39Paragraph 39
  155. Oil and Gas Enterprise Act 1982 (c. 23)
  156. 40Paragraph 40 Repealed
  157. Iron and Steel Act 1982 (c. 25)
  158. 41Paragraph 41
  159. Civil Jurisdiction and Judgments Act 1982 (c. 27)
  160. 42Paragraph 42
  161. Aviation Security Act 1982 (c. 36)
  162. 43Paragraph 43
  163. Civic Government (Scotland) Act 1982 (c. 45)
  164. 44Paragraph 44
  165. Insurance Companies Act 1982 (c. 50)
  166. 45Paragraph 45
  167. Industrial Development Act 1982 (c. 52)
  168. 46Paragraph 46 Repealed
  169. Car Tax Act 1983 (c. 53)
  170. 47Paragraph 47 Repealed
  171. Telecommunications Act 1984 (c. 12)
  172. 48Paragraph 48 Repealed
  173. Road Traffic Regulation Act 1984 (c. 27)
  174. 49Paragraph 49
  175. Mental Health (Scotland) Act 1984 (c. 36)
  176. 50Paragraph 50 Repealed
  177. Video Recordings Act 1984 (c. 39)
  178. 51Paragraph 51
  179. Repatriation of Prisoners Act 1984 (c. 47)
  180. 52Paragraph 52
  181. Foster Children (Scotland) Act 1984 (c. 56)
  182. 53Paragraph 53
  183. Rent (Scotland) Act 1984 (c. 58)
  184. 54Paragraph 54
  185. Police and Criminal Evidence Act 1984 (c. 60)
  186. 55Paragraph 55
  187. Companies Act 1985 (c. 6)
  188. 56Paragraph 56
  189. Surrogacy Arrangements Act 1985 (c. 49)
  190. 57Paragraph 57
  191. The Bankruptcy (Scotland) Act 1985 (c. 66)
  192. 58Paragraph 58 Repealed
  193. Animals (Scientific Procedures) Act 1986 (c. 14)
  194. 59Paragraph 59
  195. Consumer Safety (Amendment) Act 1986 (c. 29)
  196. 60Paragraph 60
  197. Insolvency Act 1986 (c. 45)
  198. 61Paragraph 61
  199. Company Directors Disqualification Act 1986 (c. 46)
  200. 62Paragraph 62
  201. Legal Aid (Scotland) Act 1986 (c. 47)
  202. 63Paragraph 63
  203. Social Security Act 1986 (c. 50)
  204. 64Paragraph 64
  205. Building Societies Act 1986 (c. 53)
  206. 65Paragraph 65
  207. Financial Services Act 1986 (c. 60)
  208. 66Paragraph 66
  209. Banking Act 1987 (c. 22)
  210. 67Paragraph 67
  211. Consumer Protection Act 1987 (c. 43)
  212. 68Paragraph 68
  213. The Criminal Justice Act 1988 (c. 33)
  214. 69Paragraph 69 Repealed
  215. The Copyright, Designs and Patents Act 1988 (c. 48)
  216. 70Paragraph 70
  217. Road Traffic Offenders Act 1988 (c. 53)
  218. 71Paragraph 71
  219. Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)
  220. 72Paragraph 72 Repealed
  221. Extradition Act 1989 (c. 33)
  222. 73Paragraph 73
  223. Companies Act 1989 (c. 40)
  224. 74Paragraph 74
  225. Prisons (Scotland) Act 1989 (c. 45)
  226. 75Paragraph 75
  227. The Criminal Justice (International Co-operation) Act 1990 (c. 5)
  228. 76Paragraph 76
  229. Computer Misuse Act 1990 (c. 18)
  230. 77Paragraph 77 Repealed
  231. Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
  232. 78Paragraph 78
  233. The Northern Ireland (Emergency Provisions) Act 1991 (c. 24)
  234. 79Paragraph 79 Repealed
  235. Criminal Justice Act 1991 (c. 53)
  236. 80Paragraph 80
  237. Dangerous Dogs Act 1991 (c. 65)
  238. 81Paragraph 81
  239. Social Security Administration Act 1992 (c. 5)
  240. 82Paragraph 82
  241. Timeshare Act 1992 (c. 35)
  242. 83Paragraph 83
  243. Friendly Societies Act 1992 (c. 40)
  244. 84Paragraph 84
  245. Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
  246. 85Paragraph 85
  247. Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
  248. 86Paragraph 86
  249. Agriculture Act 1993 (c. 37)
  250. 87Paragraph 87
  251. Railways Act 1993 (c. 43)
  252. 88Paragraph 88
  253. Finance Act 1994 (c. 9)
  254. 89Paragraph 89
  255. Vehicle Excise and Registration Act 1994 (c. 22)
  256. 90Paragraph 90
  257. Value Added Tax Act 1994 (c. 23)
  258. 91Paragraph 91
  259. Trade Marks Act 1994 (c. 26)
  260. 92Paragraph 92
  261. Criminal Justice and Public Order Act 1994 (c. 33)
  262. 93Paragraph 93
  263. The Drug Trafficking Act 1994 (c. 37)
  264. 94Paragraph 94 Repealed
  265. Local Government etc. (Scotland) Act 1994 (c. 39)
  266. 95Paragraph 95
  267. Deregulation and Contracting Out Act 1994 (c. 40)
  268. 96Paragraph 96 Repealed
  269. Children (Scotland) Act 1995 (c. 36)
  270. 97Paragraph 97
  271. Pensions Act 1995 (c. 26)
  272. 98Paragraph 98 Repealed
  273. Note
  274. 99Paragraph 99
  275. Schedule 5Repeals
  276. Schedule 6Provisions repealed with savings