Citation and interpretation

1.-(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2010.

(2) In this Order-

"premises licence application" means an application made under section 20(1) of the 2005 Act;

"the Act" means the Criminal Justice and Licensing (Scotland) Act 2010;

"the 1988 Act" means the Criminal Justice Act 1988(2);

"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995(3);

"the 2005 Act" means the Licensing (Scotland) Act 2005(4).

(3) For the purposes of this Order, where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it is to be taken to have been committed on the first of those days.

Commencement dates

2.-(1) The provisions of the Act specified in column 1 of the Schedule to this Order (the subject matter of which is specified in column 2 of the Schedule) come into force on the corresponding date specified in column 3 of the Schedule.

(2) Where a purpose is specified in column 4 of the Schedule, the corresponding provision specified in column 1 of the Schedule only comes into force for that purpose.

Savings provision-� section 14 and schedule 2 (community payback orders)

3.-(1) The commencement of section 14 of, and schedule 2 to, the Act is of no effect in relation to an offence committed before 1st February 2011 or in relation to any probation order, supervised attendance order or community service order made under the 1995 Act.

(2) The commencement of section 20 of the Act is of no effect in relation to an offence committed before 1st February 2011.

Savings provision -� section 40 (certain sexual offences by non-natural persons)

4. Notwithstanding the commencement of section 40 of the Act where an offence, under any of the provisions specified in that section, is committed before 13th December 2010-

(a)by a non-natural person, the penalty which may be imposed is only one which may be imposed as if that section had not been commenced; or

(b)by a natural person, the penalty which may be imposed cannot exceed the maximum penalty applicable at the time the offence was committed.

Savings provision and transitional provision - section 60 (prosecution on indictment: Scottish Law Officers)

5.-(1) Subject to paragraph (2), notwithstanding the commencement of section 60 of the Act, indictments raised in the name of the Lord Advocate or, as the case may be, in the name of the Solicitor General prior to 13th December 2010 in respect of proceedings which have not concluded as at that date shall proceed as if that section has not been commenced.

(2) The amendments made to section 287 of the 1995 Act by section 60(4)(a)(iii) and (d)(i) of the Act shall apply to indictments in respect of which paragraph (1) makes provision.

(3) Section 287(2B)(5) of the 1995 Act applies in respect of indictments raised in the name of the Solicitor General prior to 13th December 2010 in proceedings which have not concluded as at that date in the same way as it applies to indictments raised at the instance of the Solicitor General after that date.

(4) The reference to section 287(2B) in section 287(4)(a)(6) of the 1995 Act must in cases, in respect of which paragraph (3) applies, be construed accordingly.

Transitional provision -� section 99 (closure of premises associated with human exploitation etc.)

6. The amendments made to the Antisocial Behaviour etc. (Scotland) Act 2004(7) by virtue of section 99 of the Act, insofar as they relate to cases involving exploitation offences, have effect only in respect of those cases in which a senior police officer(8) has reasonable grounds for believing, or as the case may be a sheriff is satisfied, that-

(a)an exploitation offence is being committed, or has been committed in the premises; or

(b)the premises are being used, or have been used for, or in connection with, the commission of such an offence,

on or after 13th December 2010.

Transitional provision -� section 113 (compensation for miscarriages of justice)

7.-(1) Paragraphs (2) and (3) apply in the case of compensation under section 133(1) of the 1988 Act to a person in respect of whom-

(a)a conviction has been reversed or pardoned before 13th December 2010; and

(b)no application for compensation has been made to the Scottish Ministers under section 133(2) of the 1988 Act in respect of that conviction before that date.

(2) The period referred to in section 133(2AA)(9) of the 1988 Act is to be the period of 3 years starting with the date of commencement of section 113 of the Act.

(3) The reference in section 133(2AB)(10) of the 1988 Act to "that time limit" is to be the period specified in paragraph (2).

Transitional provision -� section 185 (duration of licences)

8. Notwithstanding the commencement of section 185 of the Act, where a provisional premises licence has been issued under section 45 of the 2005 Act before 13th December 2010 and the provisional period has not expired by that date, the provisional period for such a licence under section 45(6) of the 2005 Act is to be treated as being 4 years beginning on the date of issue of the licence.

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

The Criminal Justice and Licensing (Scotland) Act ("the 2010 Act") received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force on Royal Assent.

This Order brings into force certain other provisions of the 2010 Act. The Schedule to this Order specifies the date certain provisions of the 2010 Act come into force.

Article 2 of this Order provides that the provisions contained in column 1 of the Schedule come into force on the date specified in column 3. If a purpose is specified in column 4, the provision only comes into force for that purpose.

The following provisions of the 2010 Act come into force for all purposes on 13th December 2010:-

Section 16 (short periods of detention);

Section 23 (extended sentences for certain sexual offences);

Section 25 (offences aggravated by racial or religious prejudice);

Section 26 (voluntary intoxication by alcohol: effect in sentencing);

Section 28 (involvement in serious organised crime);

Section 29 (offences aggravated by connection with serious organised crime);

Section 30 (directing serious organised crime);

Section 31 (failure to report organised crime);

Section 34 (articles banned in prison);

Section 37 (offensive weapons etc.);

Section 39 (offence of stalking);

Section 40 (certain sexual offences by non-natural persons);

Section 41 (indecent images of children);

Section 45 (penalties for offences of brothel-keeping and living on the earnings of prostitution);

Section 56 (grant of warrants for execution by constables and police members of SCDEA);

Section 59 (bail conditions: remote monitoring requirements);

Section 60 (prosecution on indictment: Scottish Law Officers);

Section 64 (remand and committal of children and young persons);

Section 71 (convictions by courts in other EU Member States);

Section 93 (lists of jurors);

Section 99: (closure of premises associated with human exploitation etc.);

Section 101 (foreign travel orders);

Section 104 (risk of sexual harm orders: spent convictions);

Section 105 (obtaining information from outwith United Kingdom);

Section 111 (assistance for victim support);

Section 112 (public defence solicitors);

Section 113 (compensation for miscarriages of justice);

Section 114 (financial reporting orders);

Section 173 (licensing: powers of entry and inspection for civilian employees);

Section 180 (premises licence applications: notification requirements);

Section 181 (premises licence applications: modifications of layout plans);

Section 183 (premises licence applications: antisocial behaviour reports);

Section 185 (provisional premises licences: duration);

Section 187 (provision of copies of licences to chief constable);

Section 188 (sale of alcohol to trade);

Section 192 (personal licences);

Section 193 (emergency closure orders);

Section 194 (appeals);

Section 196 (false statements in applications: offence);

Section 198 (further modifications of 2005 Act);

Section 199 (annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998);

Schedule 4 (convictions by courts in other EU Member States: modifications of enactments);

Schedule 6 (further modifications of the 2005 Act) apart from paragraphs 9 and 10;

Schedule 7 (modification of enactments) paragraphs 4, 5, 13, 49 and 86 only.

The following provisions come into force for limited purposes on 13th December 2010:-

Section 80 (retention of samples etc. from children referred to children-�s hearings) is commenced for the purposes of inserting sections 18E(6), 18E(7) and 18E(10) into the 1995 Act;

Section 184 (premises licences: connected persons and interested parties) is commenced in respect of connected persons only;

Section 195 (liability for offences) -� 195(3) is commenced for the purposes of inserting sections 141A and 141B into the Licensing (Scotland) Act 2005. Section 141B is commenced in respect of premises licence holders only.

The following provisions come into force for all purposes on 10th January 2011:-

Section 94 (upper age limit for jurors);

Section 95 (excusal from jury service);

Section 96 (persons excusable from jury service);

Schedule 7 (modification of enactments) paragraph 48 only.

The following provisions come into force for all purposes on 1st February 2011:-

Section 14 (community payback orders), apart from section 227ZM as inserted into the 1995 Act by that section;

Section 17 (presumption against short periods of imprisonment);

Section 20 (reports about supervised persons);

Section 21 (detention of children convicted on indictment);

Schedule 2 (community payback orders: consequential modifications) apart from paragraph 38.

The following provisions come into force for all purposes on 28th February 2011:-

Section 178 (applications for licences) in so far as not already brought into force by S.S.I. 2010/297;

Section 182 (reviews of premises licences: notification of determinations).

Other sections:

Section 14 (community payback orders) comes into force on 1st April 2011 for the purpose of inserting section 227ZM into the 1995 Act;

Paragraph 38 of Schedule 2 to the Act comes into force on the same 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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The first commencement order, the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 1) Order 2010 (S.S.I. 2010/297) was made on 12th August 2010. The second commencement order, the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 2) Order 2010 (S.S.I. 2010/339) was made on 22nd September 2010. The third commencement order, the Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 4) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 3) Order 2010 (S.S.I. 2010/344) was made on 23rd September 2010. The Sexual Offences (Scotland) Act 2009 (Commencement No. 1) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 4) Order 2010 (S.S.I. 2010/357) was made on 7th October 2010. The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 5) Order 2010 (S.S.I. 2010/385) was made on 4th November 2010.