
1 
This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Savings) Order 2008.
2 
In this Order–
 “the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.
3 

(1) The provisions of the 2007 Act specified in column 1 of the Schedule to this Order, the subject matter being specified in column 2, come into force on 10th March 2008.
(2) The coming into force of the provisions listed in the Schedule to this Order are subject to–
(a) the savings in articles 4 to 6; and
(b) any exceptions or limitations on extent specified in that Schedule.
(3) Where a particular purpose or area is specified in relation to any provision in column 1 of the Schedule to this Order, that provision shall come into force on 10th March 2008 for that purpose or in that area only.
4 

(1) The provisions of section 7 of the 2007 Act which are commenced by this Order shall not apply for the purposes of any undertaking entered into under sections 21 or 22 of the 1995 Act before 10th March 2008.
(2) Without prejudice to the generality of paragraph (1), “purposes” shall include any proceedings relating to any such undertaking.
5 
The provisions of section 12 of the 2007 Act which are commenced by this Order (being the provisions which insert section 166A into the 1995 Act) shall only apply where the offence which the court is deciding the disposal of was committed on or after 10th March 2008.
6 
Sections 50(1), 52, 53 and 54 of the 2007 Act shall not apply to any conditional offer (under section 302 of the 1995 Act) made before 10th March 2008.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
19th February 2008
SCHEDULE
Article 3


Column 1 Column 2
(provisions of the 2007 Act) (subject matter)
Section 7, in so far as not already commenced, except for section 7(2)(g) Liberation on undertaking
Section 11 Pre-trial time limits
Section 12 in so far as not already commenced Disclosure of convictions
Section 16 Obstructive witnesses
Section 17 Prosecution of companies etc.
Section 22 Transfer of proceedings
Section 23 Time bar for transferred and related cases
Section 28 Proceedings against bodies corporate
Section 31 Petition proceedings outwith sheriffdom
Section 49 Compensation orders
Section 50 Fixed penalty and compensation offers
Section 52 Setting aside of offers and orders
Section 53 Disclosure of previous offers
Section 54 Time bar where offer made
Section 55, except for the purposes of any relevant penalty which requires to be paid in any district court Fines enforcement officers and their functions
Section 59(1), (3), (4), (5), (7), in so far as not already commenced, but only for the Sheriffdom of Lothian and Borders Establishing JP Courts
Section 59(6), (8) and (9) in so far as not already commenced Establishing JP Courts
Section 61 Administration of JP courts
Section 62, in so far as not already commenced, but only for the Sheriffdom of Lothian and Borders Area and territorial jurisdiction of JP courts
Section 63 except section 63(2) Constitution and powers etc. of JP courts
Section 68(4) and (5), but only for the Sheriffdom of Lothian and Borders Conditions of Office
Section 74, but only for the Sheriffdom of Lothian and Borders Appointment of stipendiary magistrates
Section 75, but only for the Sheriffdom of Lothian and Borders Stipendiary magistrates: further provision
Section 77(2) and (3), but only for the Sheriffdom of Lothian and Borders Records and validity of appointment etc.
Section 77(5), but only for the Sheriffdom of Lothian and Borders Records and validity of appointment etc.
Section 80 for the purpose of bringing into force the following paragraphs of the schedule Modification of enactments
Schedule, paragraph 2 Modification of the Public Records (Scotland) Act 1937
Schedule, paragraph 4, but only for the Sheriffdom of Lothian and Borders Modification of the Education (Scotland) Act 1980
Schedule, paragraph 7, but only for the Sheriffdom of Lothian and Borders Modification of the Road Traffic Offenders Act 1988
Schedule, paragraph 8 Modification of the Environmental Protection Act 1990
Schedule, paragraph 9(1) to (6), but only for the Sheriffdom of Lothian and Borders Modification of the 1995 Act
Schedule, paragraph 10 Modification of the 1995 Act
Schedule, paragraph 11 Modification of the 1995 Act
Schedule, paragraph 20, except for paragraph 20(1)(b)(ii) and 20(3)(b) Modification of the 1995 Act
Schedule, paragraph 20(1)(b)(ii), except for the purposes of any fines or expenses which require to be paid to the clerk of any district court Modification of the 1995 Act
Schedule, paragraph 20(3)(b), but only for the Sheriffdom of Lothian and Borders Modification of the 1995 Act
Schedule, paragraph 22, but only for the Sheriffdom of Lothian and Borders Modification of the 1995 Act
Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of Lothian and Borders Modification of the 1995 Act
Schedule, paragraph 25(c) Modification of the 1995 Act
Schedule, paragraph 26, but only for the Sheriffdom of Lothian and Borders Modification of the 1995 Act
Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of Lothian and Borders Modification of the Bail, Judicial Appointments etc. (Scotland) Act 2000
Schedule, paragraph 30(a), but only for the Sheriffdom of Lothian and Borders Modification of the Criminal Justice (Scotland) Act 2003
Schedule, paragraph 31 Modification of the Dog Fouling (Scotland) Act 2003
Schedule, paragraph 32(a) Modification of the Antisocial Behaviour etc. (Scotland) Act 2004
Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of Lothian and Borders Modification of the Antisocial Behaviour etc. (Scotland) Act 2004
Schedule, paragraphs 33(1) and (2), but only for the Sheriffdom of Lothian and Borders and except for the purposes of any statutory instrument made under the 2007 Act Enactments generally: references to district court and justices of the peace