Statutory Instruments
2007 No. 3480 (S. 7)
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
ROAD TRAFFIC
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007
Made
5th December 2007
Coming into force
10th December 2007
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(4) and (5) of the Scotland Act 1998( 1 ).
In accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007 and shall come into force on 10th December 2007.
(2) Subject to paragraph (3), this Order extends to England and Wales and Scotland.
(3) The amendments in article 2(2) of this Order extend to Scotland only.
Repeals and amendment
2. —(1) In the Road Traffic Offenders Act 1988( 2 )–
(a) in section 10 (Jurisdiction of district court in Scotland), subsection (2) is repealed;
(b) after section 34(5) (Disqualification for certain offences) there is inserted–
“ (5A) In relation to Scotland, references in this section to the court include the district court. ” ;
(c) in section 50 (Powers of district court in Scotland), paragraph (b) and the word “or” immediately preceding it are repealed.
(2) In the Criminal Proceedings etc. (Reform) (Scotland) Act 2007( 3 )–
(a) in paragraph 7(a) of the schedule, for the words from “10” to “(2)” substitute “10(1) (jurisdiction of district court in relation to fixed penalty offences and offences where conditional offer may be sent)”;
(b) in paragraph 7(d) of the schedule, after the word “sections” there is inserted, “34(5A) (disqualification for certain offences),”.
DAVID CAIRNS
Minister of State, Scotland Office, Ministry of Justice
Dover House,
London
5th December 2007