# The Vulnerable Witnesses (Scotland) Act 2004 (Commencement No. 7, Savings and Transitional Provisions) Order 2008

S.S.I. 2008/57 · made 20 February 2008

This Commencement Order brings into force various provisions of the Vulnerable Witnesses (Scotland) Act 2004 (“the Act”), insofar as not already in force.

Made under: Vulnerable Witnesses (Scotland) Act 2004 (Section 25)

PDFs: Printed copy https://openlegislation.uk/vulnerable-witnesses-scotland-act-2004-commencement-no-7-savings-and-transitional-provisions-order-2008/pdf/ssi_20080057_en.pdf

## Introductory text

SHERIFF COURT
Made 20th February 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 25 of the Vulnerable Witnesses (Scotland) Act 2004.

## 1 Citation and interpretation

(1) This Order may be cited as the Vulnerable Witnesses (Scotland) Act 2004 (Commencement No. 7, Savings and Transitional Provisions) Order 2008.
(2) In this Order, “the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004.

## 2 Appointed day

1st April 2008 is the day appointed for the coming into force, insofar as not already in force, of the following provisions of the 2004 Act–
section 1,
section 2 (other than subsections (2) and (3)),
section 3,
section 6, and
section 9.

## 3 Savings and Transitional Provisions

The provisions of the 2004 Act brought into force by this Order shall apply only to summary proceedings commenced on or after 1st April 2008, with proceedings being taken to have commenced when a report of the case has been received by the procurator fiscal.

## Signature

KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
20th February 2008

## Explanatory note

(This note is not part of the Order)
This Commencement Order brings into force various provisions of the Vulnerable Witnesses (Scotland) Act 2004 (“the Act”), insofar as not already in force.
Previous commencement orders (S.S.I. 2005/168, S.S.I. 2005/590, S.S.I. 2006/59, S.S.I. 2007/101 and S.S.I. 2007/329) brought into force the special measures in Part 1 of the Act in respect of child and adult vulnerable witnesses in solemn proceedings in the High Court and sheriff court and child witnesses in summary proceedings in the sheriff court. This Order now brings into force the special measures in Part 1 in respect of adult vulnerable witnesses in summary proceedings in the sheriff court.
With the commencement of the provisions specified in article 2 of this Order, Part 1 of the Act (with the exception of section 2(2) and (3) and section 10) is fully in force. Section 2(2) and (3) has been superseded by section 1 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

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Source: https://www.legislation.gov.uk/ssi/2008/57 (the official version)
Page: https://openlegislation.uk/vulnerable-witnesses-scotland-act-2004-commencement-no-7-savings-and-transitional-provisions-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.