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Statutory Instruments of the Scottish Parliament


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URL: http://www.bailii.org/scot/legis/num_reg/2003/20030120.html

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SCOTTISH STATUTORY INSTRUMENTS


2003 No. 120

HIGH COURT OF JUSTICIARY

SHERIFF COURT

Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003

  Made 20th February 2003 
  Coming into force in accordance with paragraph 1

The Lord Justice-General, the Lord Justice-Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred upon them by section 305 of the Criminal Procedure (Scotland) Act 1995[1] and subsections (2) and (3)(a) of sections 386, 396, 403 and 408 of the Proceeds of Crime Act 2002[2] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement
     1.  - (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 and shall come into force-

    (2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules
    
2.  - (1) The Criminal Procedure Rules 1996[3] shall be amended in accordance with the following sub-paragraph.

    (2) For Chapter 37 (causes under the Proceeds of Crime (Scotland) Act 1995), there shall be inserted-



Transitional provision
    
3. The rules inserted by paragraph 2 of this Act of Adjournal shall not apply to proceedings under the Proceeds of Crime (Scotland) Act 1995[4], whether instigated before or after the dates specified in paragraph 1.


W DOUGLAS CULLEN
Lord Justice-General I.P.D.

Edinburgh
20th February 2003



EXPLANATORY NOTE

(This note is not part of the Act of Adjournal)


This Act of Adjournal inserts new rules into the Criminal Procedure Rules 1996 (S.I. 1996/513) to make provision for proceedings in the High Court of Justiciary and the Sheriff Court under various powers in the Proceeds of Crime Act 2002 ("the Act of 2002").

In particular, the new rules make provision in relation to proceedings under Part 3 of the Act of 2002 (Confiscation: Scotland) and Chapter 3 of Part 8 (Investigations: Scotland). The Act of Adjournal has effect for proceedings under Chapter 3 of Part 8 of the Act of 2002 from 24th February and for proceedings under Part 3, from 24th March 2003.


Notes:

[1] 1995 c.46.back

[2] 2002 c.29.back

[3] S.I. 1996/513, to which there are amendments not relevant to this Act of Adjournal.back

[4] 1995 c.43.back



ISBN 0 11062174 3


 
© Crown copyright 2003
Prepared 10 March 2003


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URL: http://www.bailii.org/scot/legis/num_reg/2003/20030120.html