Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Publicity, Remedial and Remediation Orders) 2017

JurisdictionUK Non-devolved
CitationSSI 2017/298
Year2017

2017 No. 298

HIGH COURT OF JUSTICIARY

SHERIFF COURT

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Publicity, Remedial and Remediation Orders) 2017

Made 13thSeptember 2017

Laid before the Scottish Parliament 14thSeptember 2017

Coming into force 1stOctober 2017

The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 1995(1) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Publicity, Remedial and Remediation Orders) 2017.

(2) It comes into force on 1st October 2017.

(3) A certified copy is to be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules 1996

2.—(1) The Criminal Procedure Rules 1996(2) are amended in accordance with this paragraph.

(2) In Chapter 60 (Regulatory Reform (Scotland) Act 2014)(3)

(a) for the Chapter title substitute “PUBLICITY, REMEDIAL AND REMEDIATION ORDERS”;

(b) in rule 60.1 (interpretation)—

(i) after the definition of “the Act of 2014” insert—

““the Act of 2016” means the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016(4);

(ii) in the definition of “publicity order”, after “2014” insert “or an order made under section 30(4) of the Act of 2016”; and

(iii) after definition of “publicity order” insert—

““remedial order” means an order made under section 30(3) of the Act of 2016.”;

(c) in rule 60.3 (remediation orders)—

(i) for the cross-heading substitute “Remedial and Remediation Orders”; and

(ii) before “remediation” insert “remedial order or”.

(d) in rule 60.4 (variation of remediation order)

(i) for the cross-heading substitute “Variation of orders”;

(ii) for paragraph (1) substitute—

“(1) An application for the variation of—

(a) a publicity order under section 30(8) of the Act of 2016;

(b) a remedial order; or

(c) a remediation order;

shall be made by petition in Form 60.4.”; and

(e) in paragraph (2)(a), for “and SEPA” substitute “and, in the case of an application under section 41(5) of the Act of 2014, to SEPA”.

(3) In the Appendix—

(a) in Form 60.2 (form of publicity order)(5)

(i) for “section 36(2) of the Regulatory Reform (Scotland) Act 2014” substitute “[here insert relevant statutory provision]”; and

(ii) where it second occurs, for “SEPA” substitute “[SEPA]”;

(b) in Form 60.3 (form of remediation order)(6...

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