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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Act of Adjournal (Criminal Procedure Rules Amendment) (Regulatory Reform (Scotland) Act 2014) 2014 No. 162 URL: http://www.bailii.org/scot/legis/num_reg/2014/ssi_2014162_en_1.html |
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Scottish Statutory Instruments
High Court Of Justiciary
Sheriff Court
Made
5th June 2014
Laid before the Scottish Parliament
6th June 2014
Coming into force
30th June 2014
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), and all other powers enabling them in that behalf, do hereby enact and declare:
1. (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Regulatory Reform (Scotland) Act 2014) 2014.
(2) It comes into force on 30th June 2014.
(3) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.
2. (1) The Criminal Procedure Rules 1996(2) are amended in accordance with the following subparagraphs.
(2) After Chapter 59 (Double Jeopardy (Scotland) Act 2011)(3) insert:-
60.1. In this Chapter-
"the Act of 2014" means the Regulatory Reform (Scotland) Act 2014(4).
"publicity order" means an order made under section 36(2) of the Act of 2014.
"remediation order" means an order made under section 41(2) of the Act of 2014.
"SEPA" means the Scottish Environment Protection Agency.
60.2. A publicity order shall be in Form 60.2.
60.3. A remediation order shall be in Form 60.3.
60.4. (1) An application under section 41(5) of the Act of 2014 for the variation of a remediation order shall be made by petition in Form 60.4.
(2) On a petition referred to in paragraph (1) being lodged, the court shall-
(a)order intimation of the application to be made to the prosecutor and SEPA;
(b)appoint a hearing on the application; and
(c)order intimation of the hearing to the persons referred to in subparagraph (a), the petitioner or the petitioner's agent, and to the governor of any institution in which the petitioner is detained.".
(3) In the appendix, at the end insert the Forms set out in the Schedule to this Act of Adjournal.
BRIAN GILL
Lord Justice General
I.P.D.
Edinburgh
5th June 2014
Paragraph 2(3)
(This note is not part of the Act of Adjournal)
This Act of Adjournal amends the Criminal Procedure Rules 1996 by providing a form for publicity orders made under section 36 of the Regulatory Reform (Scotland) Act 2014.
The Act of Adjournal also provides a form for remediation orders made under section 41 of that Act, and a procedure for applications for variation of those orders.
The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2013/198).
Chapter 59 was inserted by S.S.I. 2011/387.
