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The Vulnerable Witnesses (Scotland) Act 2004 (Commencement No. 4, Savings and Transitional Provisions) Order 2007

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Article 2

SCHEDULETable of Commencements of the 2004 Act

Column 1Column 2
Provisions to be commencedPurposes for which the provision is to be commenced
Section 1, insofar as it substitutes for section 271 of the 1995 Act, sections 271 (other than in subsections (5) and (6) of substituted section 271 the reference to section 271I), 271A, 271B, 271D (other than subsection (5) and other than the reference in subsection (2)(a) to section 271C), 271E (other than the reference in subsection 1(b) to section 271C), 271F (other than subsections (3), (4) and (8)(b)), 271G (other than in respect of section 271C), 271H (other than subsection (1)(a) and the reference in subsections (1) and (3) to 271C) and 271J to 271M

Only–

(a)

in respect of summary proceedings in the sheriff court; and

(b)

in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act.

Section 1, insofar as it substitutes for section 271 of the 1995 Act, sections 271 (insofar as not already commenced), 271F(8)(b), 271H(1)(a) and 271I

Only in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act and only in respect of summary proceedings in the sheriff court, other than those in which, at the time the court is considering a child witness notice under section 271A(5) or 271A(9) of the 1995 Act, or is reviewing the current arrangements for taking a child witness’s evidence under section 271D(1) of the 1995 Act–

(a)

the accused is charged with a sexual offence to which section 288C of the 1995 Act applies;

(b)

the accused is charged with an offence in respect of which the court has made an order under section 288C(4) of the 1995 Act;

(c)

section 288E of the 1995 Act applies to the proceedings in respect of which the child witness notice under consideration has been lodged or is being reviewed; or

(d)

an order has been made under section 288F(2) in the proceedings in respect of which the child witness notice under consideration has been lodged or is being reviewed.

Section 2(5)Only in respect of child witnesses as referred to in section 27(1)(a) of the 1995 Act.
Section 3 (other than the reference in section 15A(1) to section 271I and the reference in section 15A(3)(b) to section 271C)

Only–

(a)

in respect of summary proceedings in the sheriff court; and

(b)

in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act.

Section 3 (insofar as not already commenced) (other than the reference in section 15A(3)(b) to section 271C)

Only in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act and only in respect of summary proceedings in the sheriff court, other than those in which, at the time the court is considering a child witness notice under section 271A(5) or 271A(9) of the 1995 Act, or is reviewing the current arrangements for taking a child witness’s evidence under section 271D(1) of the 1995 Act–

(a)

the accused is charged with a sexual offence to which section 288C of the 1995 Act applies;

(b)

the accused is charged with an offence in respect of which the court has made an order under section 288C(4) of the 1995 Act;

(c)

section 288E of the 1995 Act applies to the proceedings in respect of which the child witness notice under consideration has been lodged or is being reviewed; or

(d)

an order has been made under section 288F(2) in the proceedings in respect of which the child witness notice under consideration is being reviewed.

Section 6 insofar as it inserts section 288E into the 1995 ActOnly in respect of summary proceedings in the sheriff court.
Section 6 insofar as it inserts section 288F into the 1995 Act

Only–

(a)

in respect of summary proceedings in the sheriff court; and

(b)

in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act.

Section 8Only in respect of summary proceedings in the sheriff court.
Section 9Only in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act.

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