
1 
This Order may be cited as the Vulnerable Witnesses (Scotland) Act 2004 (Commencement) Order 2005.
2 

(1) 1st April 2005 is the day appointed for the coming into force of the provisions of the Vulnerable Witnesses (Scotland) Act 2004 set out in column 1 of the table of commencements in the schedule to this Order.
(2) The provisions referred to in subsection (1) shall come into force only for the purposes set out in column 2 of the table of commencements in the schedule to this Order.
3 
In this instrument:
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;
 “the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004.
4 

(1) The provisions of the Vulnerable Witnesses (Scotland) Act 2004 brought into force by this Order shall, in respect of solemn proceedings in the High Court and the sheriff court, apply only to solemn proceedings commenced on or after 1st April 2005, with proceedings being taken to have commenced when a report of the case has been received by the procurator fiscal.
(2) Part 2 of the Vulnerable Witnesses (Scotland) Act 2004, commenced by this Order in respect of children’s hearings court proceedings, shall apply only in respect of hearings of relevant appeals and applications which have been lodged on or after 1st April 2005.
HUGH HENRY
A member of the Scottish Executive
St Andrew’s House, Edinburgh
17th March 2005
SCHEDULE


Provisions to be commenced Purposes 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 sub sections (5) and (6) of substituted section 271 the reference to section 271I), 271A, 271B, 271D (other than sub section (5) of 271D and other than the reference in sub section (2)(a) of 271D to 271C), 271E (other than the reference in sub-section (1)(b) of 271E to 271C), 271F (other than sub sections (3), (4) and (8)(b)of 271F), 271G (other than in respect of section 271C), 271H (other than sub-section (1)(a) of 271H and the reference in sub-sections(1) and (3) of 271H to 271C) and 271J-271M Only–
(a) in respect of solemn proceedings in the High Court and sheriff court; and
(b) in respect of child witnesses as referred to in section 271(1)(a) of the Criminal Procedure (Scotland) Act 1995
Section 2 (other than sub sections(2), (3) and (5)) Only–
(a) in respect of solemn proceedings in the High Court and sheriff court; and
(b) in respect of child witnesses as referred to in section 271(1)(a) of the Criminal Procedure (Scotland) Act 1995
Section 3 insofar as it inserts section 15A (other than the reference in sub-section (1) of section 15A to 271I and the reference in section 15A(3)(b) to section 271C) Only–
(a) in respect of solemn proceedings in the High Court and sheriff court; and
(b) in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act
Section 4 For all purposes
Section 5 For all purposes
Section 6 insofar as it inserts section 288E into the 1995 Act Only in respect of solemn proceedings in the High Court and sheriff court
Section 6 insofar as it inserts section 288F into the 1995 Act Only–
(a) in respect of solemn proceedings in the High Court and sheriff court; and
(b) in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act
Section 7(1) and (3) Only–
(a) in respect of solemn proceedings in the High Court and sheriff court; and
(b) in respect of child witnesses as referred to in section 271(1)(a) of the 1995 Act
Section 8 Only in respect of solemn proceedings in the High Court and sheriff court
Sections 11(1)(a), 11(3) and 11(5) (except in section 11(5) the reference to section 18 shall not include section 18(1)(a) and there shall be omitted the definition of vulnerable witness application) Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 12(1) to (4) Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act
Section 13 Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 14 Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 15 (with omission of the words “or a vulnerable witness application” in section 15(1)(a) and the omission of the words “or vulnerable witness application” in section 15(4)(a)) Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act
Section 16 (with omission in the first line of “or other person”) Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act
Section 17(1) Only in so far as the sections mentioned in section 17(1) have been commenced
Section 17(2) Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 18 (other than sub-section (1)(a)) Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 20 Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 21 Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 22 Only in respect of proceedings in the sheriff court under Part II of the Children (Scotland) Act 1995 in respect of appeals under section 51(1) and applications under sections 68 and 85 of that Act and only in respect of child witnesses
Section 23 For all purposes
Section 24 For all purposes