
1 

(1) This Order may be cited as the Criminal Justice (Scotland) Act 2016 (Commencement No. 3 and Saving Provision) Order 2016 and comes into force on 17th January 2017.
(2) In this Order—
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995; and
 “the 2016 Act” means the Criminal Justice (Scotland) Act 2016.
2 
17th January 2017 is the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).
3 
Despite their repeal by section 78 of the 2016 Act, the following provisions of the 1995 Act have effect on and after 17th January 2017 (“the appointed day”) as they had effect immediately before that date—
(a) sections 36(10) and (11) and 37, but only in relation to any examination, or further examination, occurring before the appointed day;
(b) section 38, but only in relation to any transcript served on the accused under section 37(6)(a) of the 1995 Act in relation to any examination, or further examination, occurring before the appointed day;
(c) section 68(1), but only in relation to a record made under section 37 of the 1995 Act in relation to any examination, or further examination, occurring before the appointed day;
(d) section 79(2)(b)(iii), but only in relation to an application under section 278(2) of the 1995 Act in respect of a record made under section 37 of that Act in relation to any examination, or further examination, occurring before the appointed day; and
(e) section 278, but only in relation to a record made under section 37 of the 1995 Act in relation to any examination, or further examination, occurring before the appointed day.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
15th December 2016
SCHEDULE
Article 2


Column 1Provisions of the 2016 Act Column 2Subject matter
Section 60 Power to modify application of Part 1
Section 61 Further provision about vulnerable persons
Section 62 Meaning of constable
Section 63 Meaning of officially accused
Section 64 Meaning of police custody
Section 78 Proceedings on petition
Section 82 Preliminary hearings
Section 83 Plea of guilty
Section 87 Preliminary pleas in summary cases
Section 88 Preliminary diets in solemn cases
Section 89 Extending certain time limits: summary
Section 90 Extending certain time limits: solemn
Section 91 Certain lateness not excusable
Section 92 Advocation in solemn proceedings
Section 93 Advocation in summary proceedings
Section 94 Finality of appeal proceedings
Section 95 Courts reform: spent provisions
Section 96 References by SCCRC
Section 98 Meaning of appropriate adult support
Section 99 Responsibility for ensuring availability of appropriate adult support
Section 100 Assessment of quality of appropriate adult support
Section 101 Training for appropriate adults
Section 104 Elaboration of regulation making powers under Chapter
Section 105 Procedure for making regulations under Chapter
Section 106 Other powers of Ministers unaffected
Section 110(2)(a) Live television links: related repeals
Section 111(1) Electronic proceedings: court rules