Search Legislation

Advanced Search

The Victims and Witnesses (Scotland) Act 2014 (Commencement No. 2 and Transitional Provision) Order 2014

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Transitional provision: sections 23, 27, 28 and 29 of the 2014 Act (victim’s rights in relation to release etc. of offender)

This section has no associated Policy Notes

3.—(1) Paragraph (2) applies where, immediately before 13th August 2014, a person is entitled to receive information under either of the following provisions of section 16 of the 2003 Act (victim’s right to receive information concerning release etc. of offender) on behalf of a child who has not attained the age of 14 years—

(a)subsection (1), by virtue of subsection (5)(b)(ii); or

(b)subsection (7).

(2) Despite the specified amendments, the person is to be given (where applicable) the information described in section 16(3) of the 2003 Act, as amended by section 27 of the 2014 Act, for the duration of the transitional period.

(3) Where, immediately before 13th August 2014, a person (other than a person mentioned in paragraph (1)) is entitled to receive information under section 16(1) of the 2003 Act, the person is, on and after that date, to be given (where applicable) the information mentioned in paragraph (2).

(4) Paragraph (5) applies where, immediately before 13th August 2014, a person is entitled to be afforded an opportunity to make written representations under section 17(1) of the 2003 Act (release on licence: right of victim to receive information and make representations) on behalf of a child who has not attained the age of 14 years.

(5) Despite the specified amendments, the person is to be afforded (where applicable) an opportunity to make the following representations for the duration of the transitional period—

(a)written or (as the case may be) oral representations under section 17(1) of the 2003 Act, as amended by section 28 of the 2014 Act; or

(b)written representations under section 17A(2) of the 2003 Act, as inserted by section 29 of the 2014 Act.

(6) Where, immediately before 13th August 2014, a person (other than a person mentioned in paragraph (4)) is entitled to make written representations under section 17(1) of the 2003 Act, the person is, on and after that date, to be afforded (where applicable) an opportunity to make the representations mentioned in paragraph (5)(a) or (b).

(7) But, for the purposes of paragraphs (5) and (6), the person may be afforded an opportunity to make oral representations under section 17(1)(b) of the 2003 Act only if the decision to release the convicted person on licence is to be taken on or after 13th September 2014.

(8) In this article—

“specified amendments” means the amendments made—

(a)

by section 23(1) and (4) of the 2014 Act to section 14 of the 2003 Act (victim statements), so far as they apply in relation to section 16(5)(a) of the 2003 Act; and

(b)

by section 23(8) to (12) of the 2014 Act to section 16 of the 2003 Act;

“transitional period” means the period—

(a)

beginning with 13th August 2014; and

(b)

ending with the earlier of—

(i)

the day on which the child attains the age of 14 years; or

(ii)

the day on which the child (by virtue of the specified amendments and having attained the age of 12 or 13 years) intimates to the Scottish Ministers that the child wishes to receive information under section 16(1) of the 2003 Act or, as the case may be, to be afforded an opportunity to make representations under section 17(1) or 17A(2) of that Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources