2011 No. 157 (C. 13)
The Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 5, Savings, Transitional and Consequential Provisions) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 7, Savings and Transitional Provisions) Order 2011
Made
Citation and interpretation1
1
This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 5, Savings, Transitional and Consequential Provisions) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 7, Savings and Transitional Provisions) Order 2011.
2
In this Order—
“the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007;
“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010; and
“the appointed day” means 28th February 2011.
Provisions coming into force on the appointed day2
The following provisions come into force on the appointed day—
a
the provisions of the 2007 Act, in so far as not already in force, other than section 78(1); and
b
section 108 (amendments of Part 5 of Police Act 19973) of the 2010 Act, in so far as not already in force.
Savings and Transitional Provisions
3
Despite the coming into force of sections 78(2), (3) and (4) and 91 of, and paragraphs 27 to 32, 35 and 41 of schedule 4 to, the 2007 Act and of section 108(2) of the 2010 Act, any application for a criminal record certificate under section 113A or an enhanced criminal record certificate under section 113B of the Police Act 1997 which has been received by Ministers on or before 27th February 2011 are to continue to be processed by Ministers in accordance with the law in force immediately before the appointed day.
4
Despite the coming into force of sections 44 and 81 of, and paragraphs 36, 37 and 39 of schedule 4 to, the 2007 Act, any applications or any other matters which are being processed under the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 20064 on 27th February 2011 are to continue to be processed by Ministers in accordance with the law in force immediately before the appointed day.
5
1
Despite the coming into force of paragraphs 13 to 26 of schedule 4 to the 2007 Act, sections 106(1), 110(1)(a), 111(3), 116(2), 118, 121A(1), 173(2), 175, 181(4), 186, 187(1), 189 and 193A(1) of the Criminal Procedure (Scotland) Act 19955 continue to apply as they had effect immediately before the appointed day so far as necessary for the purposes of the Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 20106.
2
Despite the coming into force of paragraphs 43, 44 and 45 of schedule 4 to the 2007 Act, the provisions of the Protection of Children (Scotland) Act 20037 (as amended by section 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 20048, by paragraph 15 of schedule 4 to the Charities and Trustee Investment (Scotland) Act 20059 and by Part 2 of Schedule 2 to the Inquiries Act 200510) continue to apply as they had effect immediately before the appointed day so far as necessary for the purposes of the Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010.
Consequential Amendments6
1
In regulation 1(1) of—
a
the Police Act 1997 (Criminal Records) (Scotland) Regulations 201011; and
b
the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 201012,
for “section 78” substitute “section 44”.
2
In article 1 of the Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) Order 201013, for “section 78” substitute “section 44”.
(This note is not part of the Order)
(These notes are not part of the Order)
The 2007 Act received Royal Assent on 18th April 2007. Part 7 came into force on that day.
Provision | Date of Commencement | S.S.I.No. |
|---|---|---|
Sections 82, 83, 86 and 88 (partially), 97(1) and schedule 4, paragraphs 1, 3 and 4 | 1st September 2007 | |
Sections 79, 80, 87, 88 (partially) and schedule 4, paragraphs 27, 33, 34, 38, 40 and 46 (partially) | 11th January 2008 | |
Sections 3(1) and (2), 4, 5, 6(2), 7(1) and (3), 8(1) and (2), 14(3) and (4), 17(5)(d), 25(3)(a), 32(2), 35(2) and (3), 42(1)(c) and 42 (2); 49(1)(d), 63(1), 64(2), 67(3)(b), 70(1), (2) and (3), 72, 73(g), 88 (partially), 92(3), (4), (5) and (6), 94(1)(b) and (d), schedule 2 paragraphs 28 and 29, schedule 3 paragraph 13 and schedule 4, paragraph 29 | 18th April 2010 | |
Sections 8(3)(d), 19(3), 71 and 81(2) | 12th October 2010 |
The 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 came into force on that day.
Provision | Date of Commencement | S.S.I.No. |
|---|---|---|
Section 178(3)(e) (partially) | 16th August 2010 | |
Sections 38 and 97 | 6th October 2010 | |
Sections 108(1) and (4) (partially) | 12th October 2010 | |
Sections 43, 44 and 63 | 1st December 2010 | |
Section 83 | 5th November 2010 | |
Sections 16, 23, 25, 26, 28, 29, 30, 31, 34, 37, 39, 40, 41, 45, 56, 59, 60, 64, 71, 80 (partially), 93, 99, 101, 104, 105, 111, 112, 113, 114, 173, 180, 181, 183, 184 (partially), 185, 187, 188, 192, 193, 194, 195 (partially), 196, 198, 199 and Schedule 4, Schedule 6 (except paragraphs 9 and 10) and paragraphs 4, 5, 13, 49 and 86 of Schedule 7 | 13th December 2010 | |
Sections 94 to 96 and paragraph 48 of Schedule 7 | 10th January 2011 | |
Section 14 (except for the purposes of new section 227ZM), 17, 20, 21 and Schedule 2 (except for paragraph 38) | 1st February 2011 | |
Sections 178 and 182 | 28th February 2011 | |
Section 14 (for the purposes of new section 227ZM) | 1st April 2011 | |
Paragraph 38 of Schedule 2 | On the same day as section 25(2) of the Welfare Reform Act 2009 (c.24) comes into force |