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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 361

HIGH COURT OF JUSTICIARY

SHERIFF COURT

DISTRICT COURTS

Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Devolution Issues) 2007

  Made 20th July 2007 
  Coming into force 9th August 2007 

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995[1], paragraph 37 of Schedule 6 to the Scotland Act 1998[2], paragraph 38 of Schedule 10 to the Northern Ireland Act 1998[3] and paragraph 32 of Schedule 9 to the Government of Wales Act 2006[4] 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 No. 4) (Devolution Issues) 2007 and shall come into force on 9th August 2007.

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

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996
    
2. —(1) The Act of Adjournal (Criminal Procedure Rules) 1996[5] shall be amended in accordance with the following sub-paragraphs.

    (2) In rule 40.1(1) (interpretation of Chapter)–

    (3) In rule 40.2 (raising devolution issues: proceedings on indictment)–

    (4) In rule 40.3 (raising devolution issues: summary proceedings)–

    (5) In rule 40.4 (raising devolution issues: other criminal proceedings)–

    (6) In sub-paragraph (a) of paragraph (2) of rule 40.5 (time for raising devolution issue) for "Schedule 8" there shall be substituted "Schedule 9".

    (7) In rule 40.6 (specification of the devolution issue) for "Schedule 8" there shall be substituted "Schedule 9".

    (8) In rule 40.7 (reference of devolution issue to the High Court)–

    (9) In rule 40.9 (reference of devolution issue to Judicial Committee)–

    (10) In rule 40.11 (procedure following disposal of appeal by Judicial Committee) for "Schedule 8" there shall be substituted "Schedule 9".

    (11) For sub-paragraph (c) of paragraph (1) of rule 40.12 (orders mitigating the effect of certain decisions) there shall be substituted–

    (12) In the Appendix–


A C HAMILTON
Lord Justice General I.P.D.

Edinburgh
20th July 2007



SCHEDULE
Paragraph 2(12)



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EXPLANATORY NOTE

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


This Act of Adjournal amends the Act of Adjournal (Criminal Procedure Rules) 1996 as follows:


Notes:

[1] 1995 c.46.back

[2] 1998, c.46.back

[3] 1998 c.47.back

[4] 2006 c.32.back

[5] S.I. 1996/513, last amended by S.S.I. 2007/276.back

[6] 1998 c.38.back



ISBN 978 0 11 078377 2


 © Crown copyright 2007

Prepared 30 July 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070361.html