Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

(The document as of February, 2008)

-- Back --

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

1995 CHAPTER 40

ARRANGEMENT OF SECTIONS

An Act to make provision for repeals, consequential amendments, transitional and transitory matters and savings in connection with the consolidation of enactments in the Criminal Procedure (Scotland) Act 1995, the Proceeds of Crime (Scotland) Act 1995 and the Criminal Law (Consolidation) (Scotland) Act 1995.

[8th November 1995]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

1 Interpretation

In this Act--

• "the consolidating Acts" means the Principal Act, the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995, the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 and, so far as it reproduces the effect of the repealed enactments, this Act;

• "the Principal Act" means the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995; and

• "the repealed enactments" means the enactments repealed by this Act.

2 Continuity of the law

(1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.

(3) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

3 Rationalisation of penalties

(1) Schedule 1 to this Act shall have effect for the purpose of setting or altering or enabling the Secretary of State to set or alter the penalties or maximum penalties in respect of certain offences or classes or descriptions of offences.

(2) Schedule 2 to this Act shall have effect for the purpose of amending the enactments there specified for the purposes of and in accordance with the provisions of the said Schedule 1.

4 Transitional, transitory and savings

The transitional provisions, transitory modifications and savings contained in Schedule 3 to this Act shall have effect.

5 Minor and consequential amendments

The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified being amendments consequential on this Act.

6 Repeals

(1) The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Without prejudice to section 16(1)(a) of the [1978 c. 30.] Interpretation Act 1978, the repeal by this Act of the provisions of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 specified in Schedule 6 to this Act shall not revive any rule of law or practice having effect before the coming into force of the [50 & 51 Vict. c. 35.] Criminal Procedure (Scotland) Act 1887.

7 Short title, interpretation, commencement and extent

(1) This Act may be cited as the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995.

(2) This Act shall come into force on 1 April 1996.

(3) Subject to subsections (4) and (5) below, this Act extends to Scotland only.

(4) Paragraph 5 of Schedule 3 to this Act and this section also extend to England and Wales and Northern Ireland.

(5) Any amendment contained in Schedule 4 to this Act of any enactment which extends to England and Wales or Northern Ireland shall also so extend.

SCHEDULES

Section 3(1).

SCHEDULE 1 Setting and alteration of certain penalties

Amendments relating to penalties and mode of trial for offences made triable only summarily

1 (1) The enactments specified in column 2 of Part I of Schedule 2 to this Act (which relate to the modes of trial of, and the maximum penalties for, the offences which are by section 292 of the Principal Act made triable only summarily) shall continue to have effect subject to the amendments specified in column 3 of that Part.

(2) The said amendments have the effect of altering the maximum penalties available on summary conviction of those offences as well as making alterations consequential on their becoming triable only summarily; and in that Part, column 4 shows the maximum penalties resulting from the amendments.

Penalties on summary conviction for offences triable either summarily or on indictment

2 (1) Where an offence created by a relevant enactment may be tried either on indictment or summarily, the penalty or maximum penalty on summary conviction shall, to the extent that it included, immediately before the commencement of section 55 of the [1982 c. 48.] Criminal Justice Act 1982, a penalty or maximum penalty mentioned in column 1 of the Table below, be amended so as to substitute as a maximum penalty the corresponding penalty set forth in column 2 thereof (unless provision is expressly made by any enactment for a larger penalty or maximum penalty on summary conviction)--

Column 1	Column 2
Penalty or maximum penalty at commencement of section 55 of Criminal Justice Act 1982	New maximum penalty
1. Fine (other than a fine specified in paragraph 3 below, or a fine in respect of each period of a specified length during which a continuing offence is committed).	1. Fine not exceeding the prescribed sum.
2. Imprisonment for a period exceeding 3 months.	2. Imprisonment for a period not exceeding 3 months.
3. Fine in respect of a specified quantity or number of things.	3. Fine not exceeding the prescribed sum in respect of each such quantity or number.
4. Fine exceeding £100 in respect of each period of a specified length during which a continuing offence is committed.	4. Fine not exceeding £100 in respect of each such period.

(2) Where by virtue of a relevant enactment, a person summarily convicted of any offence to which sub-paragraph (1) above relates would, apart from this paragraph, be liable to a fine or a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, sub-paragraph (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

(3) Sub-paragraph (1) above is without prejudice to section 5 of the Principal Act (6 months' imprisonment competent for certain offences).

(4) In this paragraph "relevant enactment" means an enactment contained in the [1977 c. 45.] Criminal Law Act 1977 or in any other Act (including this Act).

(5) Sub-paragraph (1) of paragraph 7 below shall not affect so much of any enactment as (in whatever words) provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.

(6) Where an enactment to which sub-paragraph (1) of the said paragraph 7 below applies provides for a person to be made liable to a penalty or a maximum penalty on summary conviction of an offence triable either on indictment or summarily which includes a fine or a maximum fine in respect of a specified quantity or a specified number of things, that sub-paragraph shall apply to that fine or maximum fine.

(7) Sub-paragraph (1) above shall not apply on summary conviction of any of the offences mentioned in sub-paragraph (2) of paragraph 11 below.

Increase of fines for certain summary offences

3 (1) The enactments specified in column 2 of Part II of Schedule 2 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule (being the amount of the maximum fine in respect of the offence immediately before the passing of the [1977 c. 45.] Criminal Law Act 1977), but this sub-paragraph shall not alter the maximum daily fine, if any, provided for by any of those enactments.

(2) In section 203 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (offences against byelaws), except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, for any reference to £20 there shall be substituted a reference to £50.

(3) Subject to sub-paragraph (4) below, this sub-paragraph applies to any pre-1949 enactment however framed or worded which--

(a) as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act); or

(b) confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction thereof to a fine of, or a maximum fine of, less than £50 which has not been altered since the end of 1948 (and is not altered by this Act).

(4) Sub-paragraph (3) above does not apply to any offence to which section 292(2)(b) of the Principal Act applies (offences triable only summarily other than by virtue of express provision).

(5) Every enactment to which sub-paragraph (3) above applies shall have effect as if for the specified amount less than £50 there mentioned there were substituted--

(a) £25 if the specified amount is less than £20; or

(b) £50 if the specified amount is not less than £20.

(6) Where, by virtue of any enactment to which sub-paragraph (3) above applies by virtue of sub-sub-paragraph (a) of that sub-paragraph, a person convicted of a summary offence would, apart from this paragraph, be liable to a fine, or maximum fine, of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, sub-paragraph (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions.

(7) Sub-paragraph (3) above does not apply to so much of any enactment as, in whatever words, makes a person liable or provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.

(8) Where an enactment to which sub-paragraph (3) above applies provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things, "the specified amount" for the purposes of subsection (5) above is the fine or maximum fine so provided or for which provision may be made.

(9) In sub-paragraph (3) above "pre-1949 enactment" means an enactment passed before 1st January 1949 or an enactment passed on or after that date which whether directly or, through successive re-enactments, indirectly re-enacts with or without modification an enactment passed before that date.

(10) In this paragraph, "enactment" does not include an enactment contained in an order, regulation or other instrument made under an Act.

Penalties for first and subsequent convictions of summary offences to be the same

4 (1) Subject to sub-paragraphs (2) to (4) and (6) below, this paragraph applies where any enactment--

(a) makes a person liable on conviction of an offence triable only summarily to a penalty or a maximum penalty; or

(b) confers a power by subordinate instrument to make a person liable on conviction of an offence triable only summarily (whether or not created by the instrument) to a penalty or a maximum penalty,

which is different in the case of a second or subsequent conviction from the penalty or maximum penalty provided or for which provision may be made in the case of a first conviction.

(2) Where the penalty or maximum penalty for an offence to which section 292(2)(b) of the Principal Act applies has not been altered by any enactment passed or made after 29th July 1977 (the date of the passing of the [1977 c. 45.] Criminal Law Act 1977), this paragraph applies as if the amount referred to in sub-paragraph (5)(a) below were the greatest amount to which a person would have been liable on any conviction immediately before that date.

(3) Where any enactment--

(a) provides or confers a power to provide for a penalty or a maximum penalty which would, but for the operation of paragraph 3(5) above, be different in the case of a second or subsequent conviction from the penalty or maximum penalty provided for or for which provision may be made in the case of a first conviction; and

(b) otherwise fulfils the conditions of sub-paragraph (1) above;

this paragraph applies to that penalty or maximum penalty as if the amount referred to in sub-paragraph (5)(a) below were the greatest amount to which a person would have been liable or could have been made liable on any conviction immediately before 17th July 1978 (the date of coming into force of section 289C of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975).

(4) This paragraph does not apply to--

(a) section 5(3) of the Principal Act (imprisonment for certain offences);

(b) section 78 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (vandalism); or

(c) an enactment mentioned in Part III of Schedule 2 to this Act.

(5) Where this paragraph applies the maximum penalty to which a person is or may be made liable by or under the enactment in the case of any conviction shall be either or both of--

(a) a fine not exceeding the greatest amount;

(b) imprisonment for a term not exceeding the longest term (if any),

to which an offender would have been liable or could have been made liable on any conviction (whether the first or a second or subsequent conviction) by or under the enactment immediately before the relevant date.

(6) This paragraph does not affect the penalty which may be imposed in respect of an offence committed before the relevant date.

(7) In sub-paragraphs (5) and (6) above "the relevant date" means--

(a) in relation to an offence created by or under an Act or, as the case may be, to conviction of such an offence, 11th April 1983; and

(b) in relation to an offence created under a subordinate instrument or, as the case may be, to conviction of such an offence, 12th October 1988.

Increases of fines for certain summary offences

5 (1) Subject to sub-paragraphs (3) to (8) and (10) below, this paragraph applies where any Act passed on or before 29th July 1977 (the date of the passing of the [1977 c. 45.] Criminal Law Act 1977)--

(a) makes a person liable on conviction of an offence triable only summarily to a fine or a maximum fine which is less than £1,000; or

(b) confers a power by subordinate instrument to make a person liable on conviction of an offence triable only summarily (whether or not created by the instrument) to a fine or a maximum fine which is less than £1,000, or a fine or a maximum fine which shall not exceed an amount of less than £1,000,

and the fine or maximum fine which may be imposed or, as the case may be, for which the subordinate instrument may provide has not been altered by any provision mentioned in sub-paragraph (2) below.

(2) The provisions referred to in sub-paragraph (1) above are--

(a) paragraph 1 above;

(b) paragraph 3 above (except where paragraph 4(3) above applies);

(c) section 30(3) of the Criminal Law Act 1977;

(d) an enactment passed or made after 29th July 1977 and before 11th April 1983.

(3) In the case of an offence to which section 292(2)(b) of the Principal Act applies, sub-paragraphs (2)(a) to (c) above do not apply and the fine or the maximum fine referred to in sub-paragraph (9) below is the fine or the maximum fine for the offence immediately before 29th July 1977 as amended, where applicable, by paragraph 4 above.

(4) This paragraph also applies where any enactment--

(a) is contained in a consolidation Act passed after 29th July 1977 and before 11th April 1983; and

(b) otherwise fulfils the conditions of sub-paragraph (1) above as amended by sub-paragraph (3) above where it applies; and

(c) is a re-enactment (with or without modification) of an enactment passed on or before 29th July 1977.

(5) Subject to sub-paragraph (10) below, where an Act provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things, that fine or maximum fine is the fine or, as the case may be, the maximum fine for the purposes of this paragraph.

(6) Where an Act to which this paragraph applies provides or confers a power to provide different fines or maximum fines in relation to different circumstances or persons of different descriptions, such fines or maximum fines are to be treated separately for the purposes of this paragraph.

(7) This paragraph also applies where the penalties or maximum penalties provided or for which provision may be made by or under an Act on first and on second or subsequent conviction of an offence have been made the same by operation of paragraph 4 above; and in that case the fine or the maximum fine referred to in sub-paragraph (9) below is the maximum fine to which a person is or may be made liable by virtue of that paragraph.

(8) This paragraph does not apply in the case of--

(a) so much of any Act as (in whatever words) makes a person liable or provides for a person to be made liable to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed;

(b) section 67(3) of the [1962 c. 46.] Transport Act 1962;

(c) sections 42(1) and 47(1) of the [1988 c. 52.] Road Traffic Act 1988;

(d) an enactment mentioned in Schedule 1 to the [1977 cap. xvii.] British Railways Act 1977 to the extent that the enactment was amended by section 13(1) of that Act;

(e) an enactment mentioned in Part III of Schedule 2 to this Act or in Schedule 2 to the [1982 c. 48.] Criminal Justice Act 1982.

(9) Where this paragraph applies, the fine or, as the case may be, the maximum fine to which a person is or may be made liable by or under the Act shall be increased to the amount shown in column 2 of the Table below opposite the band in column 1 within which the fine or the maximum fine referred to in sub-paragraph (1) above falls.

Column 1	Column 2
Fine or maximum fine	Increased amount
Under £25	£25
Under £50 but not less than £25	£50
Under £200 but not less than £50	£200
Under £400 but not less than £200	£500
Under £1,000 but not less than £400	£1,000

(10) Where an Act to which this paragraph applies provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things but also provides or confers a power to provide for an alternative fine or maximum fine as regards the offence, sub-paragraph (9) above shall have effect to increase--

(a) the alternative fine; and

(b) any amount that the Act provides or confers a power to provide for as the maximum which a fine as regards the offence may not exceed,

as well as the fine or maximum fine which it has effect to increase by virtue of sub-paragraph (5) above.

Standard scale: amendment of enactments

6 (1) Subject to sub-paragraph (5) below, where--

(a) an enactment to which sub-paragraph (2) below applies either--

(i) makes a person liable on conviction of an offence triable only summarily (whether created by that enactment or otherwise) to a fine or a maximum fine; or

(ii) confers a power by subordinate instrument to make a person liable on conviction of an offence triable only summarily (whether or not created by the instrument) to a fine or a maximum fine; and

(b) the amount of the fine or the maximum fine is, whether by virtue of that enactment or otherwise, an amount shown in the second column of the standard scale,

for the reference in the enactment to the amount of the fine or maximum fine there shall be substituted a reference to the level on the standard scale shown in the first column thereof as corresponding to the amount in the second column thereof referred to in sub-sub-paragraph (b) above.

(2) This sub-paragraph applies to an enactment in any Act passed before 11th April 1983.

(3) Subject to sub-paragraph (4) below, where an Act provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things, that fine or maximum fine is the fine or, as the case may be, the maximum fine for the purposes of this paragraph.

(4) Where an Act provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things but also provides or confers a power to provide for an alternative fine or maximum fine as regards the offence, the fine or the maximum fine for the purposes of this paragraph is--

(a) the alternative fine; and

(b) any amount that the Act provides or confers a power to provide for as the maximum which a fine as regards the offence may not exceed,

as well as the fine or maximum fine referred to in sub-paragraph (3) above.

(5) Sub-paragraph (1) above does not apply to so much of any Act as (in whatever words) makes a person liable or provides for a person to be made liable to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.

(6) Where an enactment to which sub-paragraph (2) above applies confers a power such as is mentioned in sub-paragraph (1)(a)(ii) above, the power shall be construed as a power to make a person liable to a fine or, as the case may be, a maximum fine of the amount corresponding to the level on the standard scale to which the enactment refers by virtue of sub-paragraph (1) above or of a lesser amount.

(7) Subject to sub-paragraph (9) below, where under a relevant subordinate instrument the fine or maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the fine or maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.

(8) In sub-paragraph (7) above, "relevant subordinate instrument" means any instrument made by virtue of an enactment after 30th April 1984 and before 12th October 1988 (the date of commencement of section 66 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987).

(9) Sub-paragraph (7) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

(10) Where there is--

(a) under any enactment (however framed or worded) contained in an Act passed before 12th October 1988,

(b) under any instrument (however framed or worded) made by virtue of such an enactment,

a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.

(11) Sub-paragraph (10) above has effect in relation to exercises of powers before as well as after 12th October 1988.

Statutory maximum as penalty in respect of summary conviction for offences in subordinate instruments

7 (1) Where there is, under any enactment (however framed or worded) contained in an Act passed before the relevant date, a power by subordinate instrument to create a criminal offence triable either on indictment or summarily, the maximum fine which may, in the exercise of the power, be authorised on summary conviction shall, by virtue of this paragraph, be the statutory maximum (unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment other than this sub-paragraph).

(2) Where there is, under any enactment (however framed or worded) contained in an Act passed before the relevant date, a power to create offences triable either on indictment or summarily by subordinate instrument, the maximum fine on summary conviction for such an offence may be expressed as a fine not exceeding the statutory maximum.

(3) Sub-paragraphs (1) and (2) above shall have effect in relation to any exercise of such power before as well as after the relevant date.

(4) Where an offence created by a subordinate instrument made before the relevant date may be tried either on indictment or summarily, the maximum fine which may be imposed on summary conviction shall by virtue of this sub-paragraph be the statutory maximum (unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction).

(5) Where a person summarily convicted of any offence to which sub-paragraph (4) above relates would, apart from this paragraph, be liable to a fine or to a maximum fine of an amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, sub-paragraph (4) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

(6) Sub-paragraph (4) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

(7) Nothing in this paragraph shall affect the punishment for an offence committed before the relevant date.

(8) In this paragraph "the relevant date" means 12th October 1988 (the date of commencement of section 66 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987).

Fines under secondary subordinate instruments

8 (1) This paragraph applies to any instrument (however framed or worded) which--

(a) was made before 11th April 1983 (the date of commencement of Part IV of the [1982 c. 48.] Criminal Justice Act 1982); and

(b) confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,

but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.

(2) The maximum fine to which a subordinate instrument made by virtue of an instrument to which this paragraph applies may provide that a person shall be liable on conviction of a summary offence is--

(a) if the specified amount is less than £25, level 1 on the standard scale;

(b) if it is £25 or more but less than £50, level 2;

(c) if it is £50 or more but less than £200, level 3;

(d) if it is £200 or more but less than £400, level 4; and

(e) if it is £400 or more, level 5.

(3) Subject to sub-paragraph (5) below, where an instrument to which this paragraph applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that shall be treated for the purposes of this paragraph as being the maximum fine to which a person may be made liable by virtue of the instrument.

(4) Where an instrument to which this paragraph applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amount specified as those maximum fines are to be treated separately for the purposes of this paragraph.

(5) Where an instrument to which this paragraph applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this paragraph shall have effect in relation--

(a) to the alternative fine; and

(b) to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,

as well as in relation to the fine mentioned in sub-paragraph (3) above.

Fines on summary conviction for offences under subordinate instruments: conversion to references to levels on scale

9 (1) Where an instrument which was made under an enactment on or after 11th April 1983 but before 12th October 1988 (the date of commencement of section 54 of the Criminal Justice Act 1988) confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable on summary conviction to a fine of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.

(2) This paragraph shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

Part III of Schedule 2

10 (1) The enactments specified in column 1 of Part III of Schedule 2 to this Act, which relate to the penalties or the maximum penalties for the offences mentioned in those enactments, shall be amended in accordance with the amendments specified in column 2 of that Part, which have the effect of altering the penalties on summary conviction of the said offences and placing the fines on a level on the standard scale; and in that Part column 3 shows the penalties or, as the case may be, maximum penalties resulting from the amendments.

(2) Sub-paragraph (1) above does not affect the penalty which may be imposed in respect of an offence committed before 11th April 1983.

Alteration of penalties on summary conviction of certain offences under the Misuse of Drugs Act 1971

11 (1) The [1971 c. 38.] Misuse of Drugs Act 1971 shall be amended as follows--

(a) in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in sub-paragraph (2)(b) below, for "6 months" there shall be substituted "3 months"; and

(b) in the entry in Schedule 4 relating to section 5(2)--

(i) for "6 months" (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted "3 months", and

(ii) for "6 months" being the maximum punishment on summary conviction of such an offence where a Class C drug was involved there shall be substituted "3 months".

(2) The offences to which (as provided in paragraph 2(7) above) paragraph 2(1) above does not apply are--

(a) offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;

(b) offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely--

(i) section 4(2) (production, or being concerned in the production, of a controlled drug);

(ii) section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii) section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv) section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v) section 12(6) (contravention of direction prohibiting practitioner etc from possessing, supplying etc controlled drugs); or

(vi) section 13(3) (contravention of direction prohibiting practitioner etc from prescribing, supplying etc controlled drugs).

(3) In this paragraph "controlled drug", "Class B drug" and "Class C drug" have the same meaning as in the Misuse of Drugs Act 1971.

Transitional provisions and savings

12 (1) The following transitional provisions and savings relating to the provisions contained in this Schedule shall have effect.

(2) For the purposes of paragraph 3(2) above, any provision in force at 17th July 1978 (the date of coming into force of subsection (3) of section 289C of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975) which--

(a) is contained in any byelaw made by virtue of section 203 of the Local Government (Scotland) Act 1973 but not that section as applied to byelaws made under any provision contained in a local or private Act other than by a local authority; and

(b) specified £20 as the maximum fined which may be imposed on summary conviction in respect of a contravention of, or offence under, any byelaw mentioned in that provision,

shall have effect as if it specified £50 instead, but with no change by virtue of this sub-paragraph in the maximum daily fine, if any, for which it provides.

(3) Paragraph 5 above does not affect the penalty which may be imposed in respect of an offence committed before 11th April 1983.

SCHEDULE 2 Increase in Certain Penalties

Part I Offences made triable only summarily, and related amendments

(1)	(2)	(3)	(4)
Offences	Enactment	Amendment	Penalties
NIGHT POACHING ACT 1828 (C. 69) Offences under section 1 (taking or destroying game or rabbits by night or entering land for that purpose).	Section 1.	For the words from "such offender" onwards substitute "he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale".	Level 3 on the standard scale.
PUBLIC MEETING ACT 1908 (c. 66) Offences under section 1(1) (endeavour to break up a public meeting).	Section 1(1)	After "offence" add "shall on summary conviction be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale or to both".	6 months or level 5 on the standard scale or both.
POST OFFICE ACT 1953 (C. 36) Offences under section 56 (criminal diversions of letters from addressee).	Section 56(1)	For the words "guilty" onwards substitute "liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding six months or to both".	Level 4 on the standard scale or 6 months or both.
BETTING, GAMING AND LOTTERIES ACT 1963 (C. 2) Offences under the following provisions - section 7 (restriction of betting on dog racecourses); section 10(5) (advertising licensed betting offices); section 11(6) (person holding bookmaker's or betting agency permit employing a person disqualified from holding such a permit); section 18(2) (making unauthorised charges to bookmakers on licensed track); section 19 (occupiers of licensed tracks not to have any interest in bookmaker thereon); section 21 (betting with young persons); section 22 (betting circulars not to be sent to young persons).	Section 52	For paragraphs (a) and (b) of subsection (2) (penalties for certain offences) substitute "on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both".	Level 5 on the standard scale or 6 months or both.
THEATRES ACT 1968 (C. 54) Offences under section 6 (provocation of breach of the peace by means of public performance of play).	Section 6(2)	For paragraphs (a) and (b) substitute "on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both".	6 months or level 5 on the standard scale or both.

Part II Increase of fines for certain summary offences

(1)	(2)	(3)	(4)
Enactment creating offence	Penalty enactment	Old maximum fine	New maximum fine
PROTECTION OF ANIMALS (SCOTLAND) ACT 1912 (C. 14) Offences under section 1(1) (inflicting of unnecessary suffering on, and cruelty to, animals).	Section 1(1) (as amended by section 3 of the Protection of Animals (Amendment) Act 1954).	£50	Level 4 on the standard scale.
PROTECTION OF ANIMALS ACT 1934 (C. 21) Offences under section 1(1) (prohibition of certain public contests, performances and exhibitions with horses or bulls).	Section 2.	£100	Level 4 on the standard scale.
PUBLIC ORDER ACT 1936 (1Edw. 8 &1 Geo. 6) (C. 6) Offences under section 1(1) (wearing uniform signifying association with political organisation).	Section 7(2).	£50	Level 4 on the standard scale.
CHILDREN AND YOUNG PERSONS (SCOTLAND) ACT 1937 (C. 37) Offences under section 46(2) (publication of matters identifying juveniles in court proceedings).	Section 46(2).	£50	Level 4 on the standard scale.
CINEMATOGRAPH FILMS (ANIMALS) ACT 1937 (C. 59) Offences under section 1(1) (prohibition of films in production of which suffering has been caused to animals).	Section 1(3).	£100	Level 4 on the standard scale.
ARCHITECTS REGISTRATION ACT 1938 (C. 54) Offences under section 1 (unregistered persons using title of architect).	Section 3.	£50	Level 4 on the standard scale.
NURSING HOMES REGISTRATION (SCOTLAND) ACT 1938 (C. 73) Any offence under the Act for which no express penalty is provided, except an offence under section 1(4).	Section 8 (as amended by Schedule 3 to the Criminal Justice Act 1967).	£20	Level 4 on the standard scale.
FIRE SERVICES ACT 1947 (C. 41) Offences under section 31(1) (giving false fire alarm).	Section 31(1) (as amended by Schedule 3 to the Criminal Justice Act 1967).	£50	Level 4 on the standard scale.
NATIONAL ASSISTANCE ACT 1948 (C. 29) Offences under section 55(2) (obstruction).	Section 55(2) (as amended by Schedule 3 to the Criminal Justice Act 1967).	£10 for a first offence and £20 for a second or subsequent offence.	Level 4 on the standard scale.
AGRICULTURE (SCOTLAND) ACT 1948 (C. 45) Offences under section 50(1) (prohibition of night shooting and use of spring traps).	Section 50(2)	£20 for a first offence and £50 for a second or subsequent offence.	Level 3 on the standard scale.
Offences under section 50A(1) (open trapping of hares and rabbits).	Section 50A(2).	£20 for a first offence and £50 for a second or subsequent offence.	Level 3 on the standard scale.
DOCKING AND NICKING OF HORSES ACT 1949 (C. 70) Offences under section 1(1) (prohibition of docking or nicking horses).	Section 1(3).	£25	Level 3 on the standard scale.
Offences under section 2(3) (offences in connection with importation of docked horses).	Section 2(3).	£25	Level 3 on the standard scale.
Offences under section 2(4) (making of false statement).	Section 2(4).	£25	Level 3 on the standard scale.
COCKFIGHTING ACT 1952 (C. 59) Offences under section 1(1) (possession of appliances for use in fighting of domestic fowl).	Section 1(1)	£25	Level 3 on the standard scale.
DOGS (PROTECTION OF LIVESTOCK) ACT 1953 (C. 28) Offences under section 1(1) (owning or keeping a dog which worries livestock).	Section 1(6) (as amended by Schedule 3 to the Criminal Justice Act 1967).	£20 for a first offence and £50 for a second or subsequent offence in respect of the same dog.	Level 3 on the standard scale.
PESTS ACT 1954 (C. 68) Offences under section 12 (spreading of myxomatosis).	Section 12.	£20 for a first offence and £50 for a second or subsequent offence in respect of the same dog.	Level 3 on the standard scale.
ANIMAL (CRUEL POISONS) ACT 1962 (C. 26) Offences under section 1 (offences in connection with use of prohibited poison for destroying animals).	Section 1.	£50	Level 3 on the standard scale.
POLICE (SCOTLAND) ACT 1967 (C. 77) Offences under section 41(1) (assaults on constable etc.), where the offender has not, within the period of two years immediately preceding the offence been convicted of an offence against the section.	Section 41(1).	£50	Level 4 on the standard scale.
SEA FISHERIES (SHELLFISH ACT) 1967 (C. 83) Offences under section 7(4) (using prohibited fishing implements etc. in an area of fishery or oyster bed to which section applies).	Section 7(4).	£2 for a first offence, £5 for a second offence and £10 for a third or subsequent offence.	Level 3 on the standard scale.
ABORTION ACT 1967 (C. 87) Offences under section 2(3) (contravening or failing to comply with regulations as to notification).	Section 2(3).	£100	Level 5 on the standard scale.
AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1968 (C. 34) Offences under the following provisions-- section 1(1) (prevention of unnecessary pain and distress to livestock); section 2(2) (breach of regulations with respect to welfare of livestock).	Section 7(1).	£100 for a first offence and £200 for a second or subsequent offence.	Level 4 on the standard scale.
SOCIAL WORK (SCOTLAND) ACT 1968 (C. 49) Offences under section 6(5) (obstructing officer in exercise of power under section 6).	Section 6(5).	£10 for a first offence and £50 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 60(3) (failure to comply with regulations etc. in respect of the control of residential and other establishments).	Section 60(3).	£50	Level 4 on the standard scale.
Offences under section 61(3) (carrying on establishment without registration).	Section 61(3).	£50 for a first offence and £100 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 62(6) (failure to comply with a condition of the registration of an establishment).	Section 62(6).	£50 for a first offence and £100 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 65(4) (obstructing officer in exercise of power under section 65).	Section 65(4).	£10 for a first offence and £50 for a second or subsequent offence.	Level 4 on the standard scale.
GAMING ACT 1968 (C. 65) Offences under section 8(5) (gaming in a street or public place).	Section 8(5).	£50	Level 4 on the standard scale.
EMPLOYERS' LIABILITY (COMPULSORY INSURANCE) ACT 1969 (C. 57) Offences under section 4(3) (offences in relation to certificates of insurance).	Section 4(3).	£50	Level 3 on the standard scale.
Offences under section 5 (employer failing to insure employee).	Section 5.	£200	Level 4 on the standard scale.
CONSERVATION OF SEALS ACT 1970 (C. 30) Any offence under the Act, except an offence under section 11(7).	Section 5(2).	£50 for a first offence and £100 for a second or subsequent offence.	Level 4 on the standard scale.
MISUSE OF DRUGS ACT 1971 (C. 38) Offences under section 17(3) (failure to comply with notice requiring information relating to prescribing supply etc. of drugs).	Schedule 4.	£100	Level 3 on the standard scale.
POISONS ACT 1972 (C. 66) Any offence under section 8(1) (contravention of provisions of sections 1 to 7, other than section 6(4), or of the Poisons rules).	Section 8(1).	£50	Level 4 on the standard scale.
Offences under section 6(4) (using title etc. falsely to suggest entitlement to sell poison).	Section 6(4).	£20	Level 2 on the standard scale.
Offences under section 9(8) (obstructing an inspector etc.).	Section 9(8).	£5	Level 2 on the standard scale.
HEALTH AND SAFETY AT WORK ETC. ACT 1974 (C. 37)
Offences under the following provisions--
section 33(1)(d) (contravening requirement imposed by or under section 14 or obstructing any person in exercise of his powers under section 14); section 33(1)(e) (contravening requirement imposed by inspector) where the requirement contravened was imposed under section 20; section 33(1)(f) (preventing etc, any other person from appearing before inspector); section 3(1)(h) (intentionally obstructing an inspector); section 33(1)(n) (falsely pretending to be an inspector).	Section 33(2).	£400	Level 5 on the standard scale.
SALMON AND FRESHWATER FISHERIES ACT 1975 (C. 51) Offences against any provision of the Act not specified in the table in Part I of Schedule 4.	Paragraph 1(2) of Schedule 4.	£50 for a first offence and £100 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 1 (fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish) if not acting with another.	The Table in Part I of Schedule 4.	£50 for a first offence and £100 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 19(2) (fishing for salmon during the annual close season or weekly close time).	The said Table.	£100 for a first offence and £200 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 19(4) (fishing for trout during the annual close season or weekly close time).	The said Table.	£100 for a first offence and £200 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 19(6) (fishing for freshwater fish during the annual close season for freshwater fish and fishing for eels by means of a rod and line during that season).	The said Table.	£100 for a first offence and £200 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 19(7) (fishing for rainbow trout during the annual close season for rainbow trout and fishing for eels by means of a rod and line during that season).	The said Table.	£100 for a first offence and £200 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 21 (prohibition on use of certain devices at certain times).	The said Table.	£100 for a first offence and £200 for a second or subsequent offence.	Level 4 on the standard scale.
Offences under section 27 (fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing) if not acting with another).	The said Table.	£50 for a first offence and £100 for a second or subsequent offence.	Level 4 on the standard scale.

Part III Fines to be altered other than in accordance with paragraphs 4 and 5 of Schedule 1

(1)	(2)	(3)
Enactment	Amendment	New penalty
MILITARY LANDS ACT 1892 (C. 43) Section 17(2) (offences against byelaws).	For "five pounds" substitute "level 2 on the standard scale".	Level 2 on the standard scale.
PROTECTION OF ANIMALS (SCOTLAND) ACT 1912 (C. 14) Section 7 (selling poisoned grain or placing on any land matter rendered poisonous).	For "ten pounds" substitute "level 4 on the standard scale".	Level 4 on the standard scale.
LAND DRAINAGE (SCOTLAND) ACT 1930 (C. 20) Section 4 (obstruction of person exercising power of entry).	For "twenty pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
LAND DRAINAGE (SCOTLAND) ACT 1941 (C. 13) Section 2(2) (obstruction of person exercising power of entry).	For "twenty pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
PUBLIC HEALTH (SCOTLAND) ACT 1945 (C. 15) Section 1(5) (contravention of regulations as to treatment and spread of certain diseases).	For "one hundred pounds" substitute "level 5 on the standard scale".	Level 5 on the standard scale and £50 per day during which the offence continues.
FIRE SERVICES ACT 1947 (C. 41) Section 14(5) (improper use of fire hydrant).	For "ten pounds" substitute "level 2 on the standard scale".	Level 2 on the standard scale.
Section 30(2) (obstructing a member of a fire brigade).	For "twenty-five pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
RADIOACTIVE SUBSTANCES ACT 1948 (C. 37) Section 8(1) (obstruction of person exercising power of entry).	For the words from "twenty pounds" to the end substitute "level 4 on the standard scale".	Level 4 on the standard scale.
Section 8(3) (other summary offences under Act).	For the words from "one hundred pounds" where first occurring to "one hundred pounds" where secondly occurring substitute "level 4 on the standard scale".	Level 4 on the standard scale or 3 months or both.
RIVERS (PREVENTION OF POLLUTION) (SCOTLAND) ACT 1951 (C. 66) Section 21 (obstruction of person exercising power of entry).	For the words from "five pounds" to the end substitute "level 3 on the standard scale".	Level 3 on the standard scale.
LAND DRAINAGE (SCOTLAND) ACT 1958 (C. 24) Section 11(4) (obstruction of person exercising power of entry).	For the words from "five pounds" to the end substitute "level 3 on the standard scale".	Level 3 on the standard scale.
BETTING, GAMING AND LOTTERIES ACT 1963 (C. 2) Section 28(10) (disclosing information about bookmaker's business).	For "one hundred pounds" substitute "level 4 on the standard scale".	Level 4 on the standard scale.
PLANT VARIETIES AND SEEDS ACT 1964 (C. 14) Section 25(9) (obstructing an authorised person).	For "twenty pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
Section 27(1) (tampering with samples).	For "one hundred pounds" substitute "level 5 on the standard scale".	Level 5 on the standard scale or 3 months or both.
AGRICULTURE AND HORTICULTURE ACT 1964 (C. 28) Section 20(1) (obstruction, etc. of authorised officer).	For "twenty pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
Section 20(2) (offences under Part III).	For the words from "one hundred pounds" to "two hundred and fifty pounds" substitute "level 5 on the standard scale".	Level 5 on the standard scale or 3 months or both.
INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1965 (C. 12) Section 61 (general offences).	For "five pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
RIVERS (PREVENTION OF POLLUTION) (SCOTLAND) ACT 1965 (C. 13) Section 11(2) (unauthorised disclosure of information).	For the words from "one hundred pounds" to the end substitute "level 5 on the standard scale".	Level 5 on the standard scale.
FORESTRY ACT 1967 (C. 10) Section 24(4) (failure to comply with felling licence).	For "£50" substitute "level 5 on the standard scale".	Level 5 on the standard scale.
Section 46(5) (offences against byelaws).	In paragraph (a) for "£10" substitute "level 2 on the standard scale", and in paragraph (b) for "£5" substitute "level 2 on the standard scale".	Level 2 on the standard scale and 50 pence per day during which the offence continues.
Section 48(3) (obstruction of Forestry Commission officers).	For "£5" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
POLICE (SCOTLAND) ACT 1967 (C. 77) Section 43(1) (impersonating a police officer).	For "fifty pounds" substitute "level 4 on the standard scale".	Level 4 on the standard scale or 3 months.
Section 44(5) (offences by constables).	For "ten pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale or 60 days.
AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1968 (C. 34) Section 7(2) (obstructing officer authorised to carry out welfare inspections).	For "twenty pounds" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
SALE OF VENISON (SCOTLAND) ACT 1968 (C. 38) Section 1(4) (contravention of provisions regarding registration of venison dealers).	For "£20" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
Section 2(4) (failure to keep records, etc.)	For "£20" substitute "level 2 on the standard scale".	Level 2 on the standard scale.
SEWERAGE (SCOTLAND) ACT 1968 (C. 47) Section 44 (failure to provide information, etc.).	For "£20" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
Section 48(9) (obstruction of person having right of entry).	For "£20" substitute "level 3 on the standard scale".	Level 3 on the standard scale and £5 per day which the offence continues.
Section 50(3) (unauthorised disclosure of information).	For the words from "£100" to the end substitute "level 5 on the standard scale".	Level 5 on the standard scale.
TRANSPORT ACT 1968 (C. 73) Section 97A(1) (tachograph offences).	For "£200" substitute "level 4 on the standard scale".	Level 4 on the standard scale.
Section 97A(2) (failure by employer to secure compliance with section 97A(1)(a)).	For "£200" substitute "level 4 on the standard scale".	Level 4 on the standard scale.
ROAD TRAFFIC (FOREIGN VEHICLES) ACT 1972 (C. 27) Section 3(1) (disobeying prohibition on a goods vehicle).	For "£200" substitute "level 5 on the standard scale".	Level 5 on the standard scale.
EDUCATION (SCOTLAND) ACT 1980 (C. 44) Section 43(1) (contravention of section 35, 41 or 42).	For the words from "in the case" where first occurring to "£50" where thirdly occurring substitute "to a fine not exceeding level 3 on the standard scale".	Level 3 on the standard scale or 1 month or both.
Section 66(3) (obstruction of inspectors).	For the words from "£20" to "£50" substitute "level 4 on the standard scale".	Level 4 on the standard scale or 3 months or both.
Section 98(2) (failure to register independent school, etc.).	For the words "£20" to "£50" substitute "level 4 on the standard scale".	Level 4 on the standard scale or 3 months or both.
Section 101(2) (using disqualified premises).	For the words from "£20" to "£50" substitute level 4 on the standard scale.	Level 4 on the standard scale or 3 months or both.
Section 101(3) (disqualified person acting as proprietor of independent school, etc.).	For the words from "£20" to "£50" substitute "level 4 on the standard scale".	Level 4 on the standard scale or 3 months or both.
WATER (SCOTLAND) ACT 1980 (C. 45) Section 38(7) (obstruction of person exercising power of entry).	For "£25" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
Section 64(2) (failure to provide information, etc.).	For "£25" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
Section 72(3) (penalty which may be provided for contravention of byelaws).	For "the sum of £400" substitute "level 4 on the standard scale".	Level 4 on the standard scale and £50 per day during which the offence continues.
Section 93(7) (failure to provide information, etc.).	For "£200" substitute " level 4 on the standard scale".	Level 4 on the standard scale and £20 per day during which the offence continues.
Paragraph 10(3) of Schedule 4 (offences relating to construction of reservoirs).	For the words from "£50" where first occurring to "continued" substitute "level 3 on the standard scale".	Level 3 on the standard scale.
Paragraph 28 of Schedule 4 (obstruction of person exercising power of entry).	For the words "£25" substitute "level 3 on the standard scale".	Level 3 on the standard scale.

Section 3

SCHEDULE 3 Transitional Provisions, Transitory Modifications and Savings

Part I General and Miscellaneous

General saving for old savings

1 The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.

Documents referring to repealed enactments

2 Any document made served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as the contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.

Provisions relating to the coming into force of other provisions

3 (1) The repeal by this Act of a provision providing for or relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of the first provision, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.

(2) The repeal by this Act of a power to make provision or savings in preparation for or in connection with the coming into force of a provision reproduced in the consolidating Acts does not affect the power, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.

Part II Specific Provisions

Local government reform

4 (1) At any time before 1 April 1996 or the coming into force of section 1 of the [1994 c. 39.] Local Government etc (Scotland) Act 1994, whichever is the later, in section 206 of the Principal Act, for subsection (6) there shall be substituted the following subsection--

" (6) In this section the expression "police authority" means a regional or islands council, except that where there is an amalgamation scheme under the [1967 c. 77.] Police (Scotland) Act 1967 in force it means a joint police committee. "

(2) Until the date on which paragraph 71 of Schedule 13 to the said Act of 1994 comes into force, the reference in section 17(5)(a) of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995 to a joint police board shall be construed as a reference to a joint police committee.

The Principal Reporter

5 Until the coming into force of section 127 of the Local Government etc. (Scotland) Act 1994, for any reference in any provision of the Principal Act to the Principal Reporter there shall be substituted a reference to the reporter of the local authority in whose area any child referred to in that provision resides.

Penalties

6 (1) The repeal by this Act of any enactment--

(a) by virtue of which the penalty which may be imposed in respect of any offence is altered; but

(b) which provides that the penalty in respect of such an offence committed before a particular date shall not be so altered,

shall not affect the penalty which may be imposed in respect of an offence mentioned in paragraph (b) above.

(2) The periods of imprisonment set forth in subsection (2) of section 219 of the Principal Act shall apply to the non-payment of any sum imposed under that section by a court under a statute or order passed or made before 1 June 1909, notwithstanding that that statute or order fixes any other period of imprisonment.

District court procedure

7 The repeal by this Act of section 4 of the [1975 c. 20] District Courts (Scotland) Act 1975 shall not affect the rules of procedure and practice in the district court.

Detention of children in summary proceedings

8 Notwithstanding the repeal by Schedule 2 of the [1987 c. 41] Criminal Justice (Scotland) Act 1987 of section 58A of the [1 Edw 8 and 1 Geo 6. c. 37] Children and Young Persons (Scotland) Act 1937, any child who, before 1 April 1988 (the date of commencement of section 59 of the said Act of 1987), had been ordered to be detained pursuant to the directions of the Secretary of State under section 413 of the [1975 c. 21] Criminal Procedure (Scotland) Act 1975--

(a) shall, while so detained after such date, continue to be deemed to be in legal custody; and

(b) may at any time be released conditionally or unconditionally by the Secretary of State, and any such child conditionally released shall be liable to recall on the directions of the Secretary of State and if he fails to comply with any condition of his release he may be apprehended without warrant and taken to the place from which he was released.

Effect of probation and absolute discharge

9 Subsections (1) and (2) of section 246 of the Principal Act shall not affect the operation, in relation to an offender as mentioned in those subsections, of any enactment which was in force as at the commencement of section 9(3)(b) of the [1949 c. 94.] Criminal Justice (Scotland) Act 1949 and is expressed to extend to persons dealt with under section 1(1) of the [1907 c. 17.] Probation of Offenders Act 1907 as well as to convicted persons.

Restriction on discharge of hospital order

10 Until the coming into force of section 54 of the [1995 c. 20.] Criminal Justice (Scotland) Act 1995, in section 59 of the Principal Act for the words "without limit of time" there shall be substituted the words "either without limit of time or during such period as may be specified in the order".

Aiding and abetting

11 Subsection (2) of section 293 of the Principal Act shall not apply in respect of any offence committed before 1 October 1987 (the date of commencement of section 64 of the Criminal Justice (Scotland) Act 1987).

Penal servitude and hard labour

12 (1) Any enactment which confers power on a court to pass a sentence of penal servitude in any case shall be construed, subject to sub-paragraph (3) below, as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before 12 June 1950.

(2) Any enactment which confers power on a court to pass a sentence of imprisonment with hard labour in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of imprisonment with hard labour could have been passed in that case immediately before 12 June 1950.

(3) Nothing in sub-paragraph (1) above shall be construed as empowering a court, other than the High Court, to pass a sentence of imprisonment for a term exceeding two years.

Supervised attendance orders

13 (1) In section 235 of the Principal Act, paragraph (b) of subsection (3) shall also apply to an offender where, having been convicted of an offence, he has had imposed on him a fine which (or any part or instalment of which) he has failed to pay and the court, prior to 1 April 1991 (the date of commencement of section 62 of the [1990 c. 40] Law Reform (Miscellaneous Provisions) (Scotland) Act 1990), has imposed on him a period of imprisonment under paragraph (a) of subsection (1) of section 219 of the Principal Act but he has not served any of that period of imprisonment.

(2) Where, in respect of an offender, a court makes a supervised attendance order in circumstances where paragraph (b) of the said subsection (3) applies as mentioned in sub-paragraph (1) above, the making of that order shall have the effect of discharging the sentence of imprisonment imposed on the offender.

Hearsay evidence

14 Nothing in the sections 259 to 261 of the Principal Act shall apply to--

(a) proceedings commenced; or

(b) where the proceedings consist of an application to the sheriff by virtue of section 42(2)(c) of the [1968 c. 49.] Social Work (Scotland) Act 1968 or by virtue of Chapter 3 of Part II of the [1995 c. 36.] Children (Scotland) Act 1995, an application made,

before sections 17 to 20 of the [1995 c. 20.] Criminal Justice (Scotland) Act 1995 came into force; and, for the purposes of paragraph (a) above, solemn proceedings are commenced when the indictment is served.

Confiscation of proceeds of crime, etc.

15 (1) Where a person is charged with an offence in relation to which provision is made by Part I of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995, being an offence committed before the coming into force of Chapter I of Part II of the Criminal Justice (Scotland) Act 1995, Part I of the said Proceeds of Crime (Scotland) Act shall not affect the powers of the court in the event of his being convicted of the offence.

(2) Where a person is charged with an offence committed before the coming into force of Part II of the Proceeds of Crime (Scotland) Act 1995, in the event of his being convicted of the offence, the court shall be entitled to exercise the powers conferred by section 223 or section 436 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, but not the powers conferred by that Part.

(3) Paragraph (b) of section 2(4) of the Proceeds of Crime (Scotland) Act 1995 shall not apply in the case of an offence committed before the coming into force of Chapter I of Part II of the Criminal Justice (Scotland) Act 1995.

(4) In any case in which, notwithstanding the coming into force of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985, the [1913 c. 20.] Bankruptcy (Scotland) Act 1913 applies to a sequestration, paragraph 1(2) of Schedule 2 to the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995 shall have effect as if for sub-sub-paragraphs (a) and (b) thereof there were substituted the following paragraphs--

" (a) property comprised in the whole property of the debtor which vests in the trustee under section 97 of the Bankruptcy (Scotland) Act 1913,

(b) any income of the bankrupt which has been ordered, under subsection (2) of section 98 of that Act, to be paid to the trustee or any estate which, under subsection (1) of that section, vests in the trustee, " ,

and paragraph 1(3) of that Schedule shall have effect as if, for the reference in it to the said Act of 1985, there were substituted a reference to the said Act of 1913.

(5) In any case in which a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 29 December 1986 (the date on which the [1986 c. 45.] Insolvency Act 1986 came into force), paragraph 2(2) to (5) of Schedule 2 to the Proceeds of Crime (Scotland) Act 1995 shall have effect with the following modifications--

(a) for references to the bankrupt's estate for the purposes of Part IX of the said Act of 1986 there are substituted references to the property of the bankrupt for the purposes of the [1914 c. 59.] Bankruptcy Act 1914;

(b) for references to the said Act of 1986 and to sections 280(2)(c), 286, 339, and 423 of that Act there are respectively substituted references to the said Act of 1914 and to sections 26(2), 8, 27 and 42 of that Act;

(c) the references in subsection (4) to an interim receiver appointed as there mentioned include, where a receiving order has been made, a reference to the receiver constituted by virtue of section 7 of the said Act of 1914, and

(d) subsection (2)(b) is omitted.

(6) In any case in which a winding up of a company commenced, or is treated as having commenced, before 29 December 1986, paragraph 3(2) to (6) of the said Schedule 2 shall have effect with the substitution for references to the said Act of 1986 of references to the [1985 c. 6.] Companies Act 1985.

(7) In any case in which a receiver was appointed as is mentioned in sub-paragraph (1) of paragraph 4 of the said Schedule 2 before 29 December 1986, sub-paragraphs (2) to (4) of that paragraph have effect with the substitution for references to the said Act of 1986 of references to the Companies Act 1985.

Criminal Justice (Scotland) Act 1995 (c. 20)

16 (1) Any enactment repealed by this Act which has been amended by any provision of the Criminal Justice (Scotland) Act 1995 which has not been brought into force at the commencement of this Act shall, notwithstanding such repeal, continue to have effect until such provision is brought into force as if it had not been so repealed or amended.

(2) Any provision of the consolidating Acts which re-enacts any enactment contained in the said Criminal Justice (Scotland) Act which has not been brought into force at the commencement of this Act shall be of no effect until such enactment is brought into force.

(3) The repeal by this Act of any enactment contained in the Criminal Justice (Scotland) Act 1995 which has not been brought into force shall not have effect until such enactment is brought into force.

Children (Scotland) Act 1995 (c. 36)

17 Any enactment repealed by this Act which has been amended by any provision of the Children (Scotland) Act 1995 which has not been brought into force at the commencement of this Act shall, notwithstanding such repeal, continue to have effect until such provision is brought into force as if it had not been so repealed or amended.

False oaths

18 Where an offence mentioned in section 45(5) of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 is, by any Act passed before 28 June 1933, as originally enacted, made punishable only on summary conviction, it shall remain only so punishable.

Section 5.

SCHEDULE 4 Minor and Consequential Amendments

Jurors (Scotland) Act 1825 (c. 22)

1 In section 3 of the Jurors (Scotland) Act 1825 (sheriff principal to maintain lists of potential jurors)--

(a) the existing provision shall become subsection (1);

(b) in that subsection, for the word "designations" there shall be substituted "addresses"; and

(c) after that subsection there shall be inserted the following subsections--

" (2) For the purpose of maintaining lists of potential jurors under subsection (1) above, a sheriff principal may require any person in the sheriff court district in question who appears to him to be qualified and liable to serve as a juror to provide such information, and in such form, as the Secretary of State may by order prescribe.

(3) A statutory instrument containing an order prescribed by virtue of subsection (2) above shall be subject to annulment pursuant to a resolution of either House of Parliament.

(4) Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) In proceedings against a person for an offence under subsection (4) above it is a defence to prove that he had reasonable excuse for the failure. "

Bankers' Books Evidence Act 1879 (c. 11)

2 In section 6 of the Bankers' Books Evidence Act 1879 (case in which banker not compellable to produce book), after the word "1988" there shall be inserted the words "or Schedule 8 to the Criminal Procedure (Scotland) Act 1995".

The Children and Young Persons (Scotland) Act 1937 (c. 37)

3 (1) The Children and Young Persons (Scotland) Act 1937, shall be amended as follows.

(2) After section 62 there shall be inserted the following section--

" 63 Register of children found guilty of offences.

In addition to any other register required by law, a separate register of children found guilty of offences and of children discharged on bond or put on probation shall be kept for every summary court by the chief constable or other person charged with the duty of keeping registers of convictions. The register shall apply to children of such age, and shall include such particulars, as may be directed by the Secretary of State, and it shall be the duty of the keeper of the register, within seven days after any such child has been dealt with by the court, to transmit a copy of the entry relating to the child to the education authority for the area in which the child resides. "

(3) Before section 104 there shall be added the following section--

" 103 Proof of age a defence

Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it shall be a defence to prove that the person was actually of or over that age. "

The Trade Marks Act 1938 (c. 22)

4 In section 58B of the Trade Marks Act 1938 (delivery up of offending goods and material), in subsection (6) for the words "Chapter II of Part II of the Criminal Justice (Scotland) Act 1995" there shall be substituted the words "Part II of the Proceeds of Crime (Scotland) Act 1995."

The Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

5 In section 8(1)(b) of the Backing of Warrants (Republic of Ireland) Act 1965 (rules of court), for the words "section 457ZA of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 306 of the Criminal Procedure (Scotland) Act 1995".

Social Work (Scotland) Act 1968 (c. 49)

6 (1) The Social Work (Scotland) Act 1968 shall be amended as follows.

(2) In subsection (1B) of section 5 (powers of Secretary of State), for paragraph (f) there shall be substituted the following paragraph--

" (f) section 51 of the Criminal Procedure (Scotland) Act 1995; " .

(3) In subsection (1) of section 6A (power to hold inquiries) for sub-paragraph (ii) of paragraph (d) there shall be substituted--

" (ii) section 44 or 208 of the Criminal Procedure (Scotland) Act 1995; " .

(4) In subsection (1) of section 27 (supervision and care of certain persons)--

(a) after paragraph (a) there shall be inserted the following paragraphs--

" (aa) making available to any children's hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;

(ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence; " ;

(b) in paragraph (b)(iii) for the words "the Community Service by Offenders (Scotland) Act 1978" there shall be substituted the words "section 238 of the Criminal Procedure (Scotland) Act 1995";

(c) in paragraph (b)(iv) for the words "section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990" there shall be substituted the words "section 235 of the said Act of 1995"; and

(d) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraphs--

" (v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995; and

(vi) persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person; and

(vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; and " .

Sea Fisheries Act 1968 (c. 77)

7 In section 13(2) of the Sea Fisheries Act 1968 (power to award compensation), for "£400" there shall be substituted the words "level 5 on the standard scale".

European Communities Act 1972 (c. 68)

8 In subsection (1) of section 11 of the European Communities Act 1972 (making a false statement before the European Court) for the words "section 1 of the False Oaths (Scotland) Act 1933" there shall be substituted the words "section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995".

Fair Trading Act 1973 (c. 41)

9 In subsection (3) of section 129 of the Fair Trading Act 1973 (time-limit for prosecutions)--

(a) for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995"; and

(b) for the words "subsection (3) of the said section 331" there shall be substituted the words "subsection (3) of the said section 136".

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)

10 In section 2(3) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 for "£25" there shall be substituted the words "level 3 on the standard scale".

Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22)

11 In subsection (9) of section 1 of the Freshwater and Salmon Fisheries (Scotland) Act 1976 for the words "the operation of section 312(o) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "paragraph 10 of Schedule 3 to the Criminal Procedure (Scotland) Act 1995".

Restrictive Trade Practices Act 1976 (c. 34)

12 (1) The Restrictive Trade Practices Act 1976 shall be amended as follows.

(2) In subsection (3) of section 39 (time limit for prosecution) the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

(3) In subsection (6) of section 41 (time limit for prosecution of offences relating to disclosure of documents)--

(a) for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995"; and

(b) for the words "subsection (3) of the said section 331" there shall be substituted the words "subsection (3) of the said section 136".

International Carriage of Perishable Foodstuffs Act 1976 (c. 58)

13 In subsection (2) of section 12 of the International Carriage of Perishable Foodstuffs Act 1976 for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

Marriage (Scotland) Act 1977 (c. 15)

14 In subsection (3) of section 24 of the Marriage (Scotland) Act 1977 for the words "section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of summary proceedings)" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences)".

Refuse Disposal (Amenity) Act 1978 (c. 3)

15 In subsection (3) of section 2 of the Refuse Disposal (Amenity) Act 1978 for the words "section 462(1) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 307(1) of the Criminal Procedure (Scotland) Act 1995".

Adoption (Scotland) Act 1978 (c. 28)

16 In subsection (1) of section 37 of the Adoption (Scotland) Act 1978, for the words "sections 14 and 323 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 47 of the Children and Young Persons (Scotland) Act 1975".

Interpretation Act 1978 (c. 30)

17 In Schedule 1 to the Interpretation Act 1978--

(a) in paragraph (b) of the definition of "the standard scale" for the words "section 289G of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(1) of the Criminal Procedure (Scotland) Act 1995"; and

(b) in paragraph (b) of the definition of "statutory maximum" for the words "section 289B(6) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Customs and Excise Management Act 1979 (c. 2)

18 (1) The Customs and Excise Management Act 1979 shall be amended as follows.

(2) In subsection (6) of section 118A (duty of revenue traders to keep records), in paragraph (d) for the words "Schedule 3 to the Prisoners and Criminal Evidence (Scotland) Act 1993" there shall be substituted the words "Schedule 8 to the Criminal Procedure (Scotland) Act 1995".

(3) In subsection (3) of section 118C (search warrant) for the words "section 462 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 307 of the Criminal Procedure (Scotland) Act 1995".

(4) In subsection (1) of section 118D (order for access to certain information) for the words "section 462 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 307 of the Criminal Procedure (Scotland) Act 1995".

(5) In subsection (2) of section 171, in paragraph (b) for the words from "section 289B" to the end of the paragraph there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)".

Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)

19 In subsection (3) of section 15 of the Customs and Excise Duties (General Reliefs) Act 1979, in paragraph (b) for the words from "section 289B" to the end of the paragraph there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)".

Alcoholic Liquor Duties Act 1979 (c. 4)

20 In subsection (1) of section 4 of the Alcoholic Liquor Duties Act 1979, in the definition of "the prescribed sum", in paragraph (b) for the words from "section 289B" to the end of the paragraph there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)".

Hydrocarbon Oil Duties Act 1979 (c. 5)

21 In subsection (1) of section 27 of the Hydrocarbon Oil Duties Act 1979, in the definition of "the prescribed sum", in paragraph (b) for the words from "section 289B" to the end of the paragraph there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)".

Credit Unions Act 1979 (c. 34)

22 In subsection (1) of section 31 of the Credit Unions Act 1979, in the definition of "statutory maximum", in paragraph (b) for the words from "section 289B" to the end of the paragraph there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995".

Estate Agents Act 1979 (c. 38)

23 In subsection (1) of section 33 of the Estate Agents Act 1979, in the definition of "the statutory maximum", in paragraph (b) for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995".

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

24 (1) The Ancient Monuments and Archaeological Areas Act 1979 shall be amended as follows.

(2) In section 59, for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

(3) In subsection (1) of section 61, in the definition of "the statutory maximum" in sub-paragraph (i) of paragraph (b) for the words from "section 289B" to the end of the sub-paragraph there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section for that purpose)".

Isle of Man Act 1979 (c. 58)

25 In subsection (4) of section 5 of the Isle of Man Act 1979, for the words "section 462(1) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 307(1) of the Criminal Procedure (Scotland) Act 1995".

Reserve Forces Act 1980 (c. 9)

26 In subsection (2) of section 144 of the Reserve Forces Act 1980, in paragraph (b) for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Protection of Trading Interests Act 1980 (c. 11)

27 In subsection (5) of section 3 of the Protection of Trading Interests Act 1980, in paragraph (b) for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Competition Act 1980 (c. 21)

28 In subsection (7) of section 19 of the Competition Act 1980, in paragraph (b) for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

29 In subsection (2) of section 1 of the Licensed Premises (Exclusion of Certain Persons) Act 1980, in paragraph (c) for the words from "sections" to "1975" there shall be substituted the words "sections 228, 246(2) and (3) and 247 of the Criminal Procedure (Scotland) Act 1995".

Water (Scotland) Act 1980 (c. 45)

30 In subsection (4) of section 75 of the Water (Scotland) Act 1980, for the words "section 289B(6) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Solicitors (Scotland) Act 1980 (c. 46)

31 In subsection (1) of section 25A of the Solicitors (Scotland) Act 1980 (rights of audience) for the words from "section 250" to "1975" there shall be substituted the words "section 103(8) of the Criminal Procedure (Scotland) Act 1995 (right of solicitor to appear before single judge)".

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

32 (1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 shall be amended as follows.

(2) After subsection (5) of section 1 (persons excused from jury service for good reason) there shall be inserted the following subsection--

" (5A) Where the clerk of court has, under subsection (5) above, excused a person from jury service in any criminal proceedings he shall, unless he considers there to be exceptional circumstances which make it inappropriate to do so, within one year of the date of that excusal cite that person to attend for jury service in criminal proceedings. "

(3) In subsection (6) of that section, for paragraph (c) there shall be substituted the following--

" (c) section 85(8) or 88(7) of the Criminal Procedure (Scotland) Act 1995, " .

(4) In Schedule 1 (ineligibility for and disqualification and excusal from jury service)--

(a) in Part I (persons ineligible), in paragraph (p) of Group B for the words "section 462(1) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 307(1) of the Criminal Procedure (Scotland) Act 1995";

(b) in Part II (persons disqualified from jury service), at the end of paragraph (b) there shall be inserted--

" (c) in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom. " ; and

(c) in Part III (persons excusable as of right), at the end of Group D there shall be inserted--

" Group DD

Members of certain religious bodies

In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service. "

Criminal Justice (Scotland) Act 1980 (c. 62)

33 In subsection (10) of section 80 of the Criminal Justice (Scotland) Act 1980, for the words "section 289B of the 1975 Act" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Local Government, Planning and Land Act 1980 (c. 65)

34 In subsection (14) of section 167 of the Local Government, Planning and Land Act 1980, in paragraph (b) of the definition of "the statutory maximum" for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Animal Health Act 1981 (c. 22)

35 In subsection (2) of section 92 of the Animal Health Act 1981, for the words "section 284 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 7(6) of the Criminal Procedure (Scotland) Act 1995".

Contempt of Court Act 1981 (c. 49)

36 (1) Section 15 of the Contempt of Court Act 1981 (penalties for contempt in Scottish proceedings) shall be amended as follows.

(2) In subsection (2)--

(a) in paragraph (a) for "£500" there shall be substituted the words "level 4 on the standard scale"; and

(b) in paragraph (b) for "£200" there shall be substituted the words "level 4 on the standard scale".

(3) For subsections (3) and (4) there shall be substituted the following--

" (3) The following provisions of the Criminal Procedure (Scotland) Act 1995 shall apply in relation to persons found guilty of contempt of court in Scottish proceedings as they apply in relation to persons convicted of offences--

(a) in every case, section 207 (restrictions on detention of young offenders);

(b) in any case to which paragraph (b) of subsection (2) above does not apply, sections 58, 59 and 61 (persons suffering from mental disorder);

and in any case to which the said paragraph (b) does apply, subsection (5) below shall have effect. "

(4) In subsection (5)--

(a) for the words "section 286 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 7(9) and (10) of the Criminal Procedure (Scotland) Act 1995"; and

(b) for the words "section 376(1)" there shall be substituted the words "section 58(1)".

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

37 In section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (procedure after arrest)--

(a) in subsection (2) for the words "section 10 of the Bail (Scotland) Act 1980" there shall be substituted the words "section 8 of the Criminal Procedure (Scotland) Act 1995"; and

(b) in subsection (3) for the words from the beginning to "1980" there shall be substituted the words "Subsections (1) to (3) of section 15 of the said Act of 1995".

Betting and Gaming Duties Act 1981 (c. 63)

38 In subsection (1) of section 33 of the Betting and Gaming Duties Act 1981 in the definition of "the prescribed sum", in paragraph (b) for the words from "section 289B" to the end of the paragraph there shall be substituted the words "subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)".

Civil Aviation Act 1982 (c. 16)

39 In subsection (1) of section 105 of the Civil Aviation Act 1982, in the definition of "the statutory maximum" for paragraph (b) there shall be substituted the following--

" (b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section); " .

Oil and Gas Enterprise Act 1982 (c. 23)

40 In subsection (1) of section 28 of the Oil and Gas Enterprise Act 1982, in the definition of "the statutory maximum" for paragraph (b) there shall be substituted the following--

" (b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section); " .

Iron and Steel Act 1982 (c. 25)

41 In subsection (1) of section 37 of the Iron and Steel Act 1982, in the definition of "the statutory maximum" for paragraph (b) there shall be substituted the following--

" (b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section); " .

Civil Jurisdiction and Judgments Act 1982 (c. 27)

42 In subsection (4A) of section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of U.K. judgments in other parts of U.K.) for the words from "Part I of the Criminal Justice (Scotland) Act 1987" to the end there shall be substituted the words "the Proceeds of Crime (Scotland) Act 1995".

Aviation Security Act 1982 (c. 36)

43 In subsection (1) of section 38 of the Aviation Security Act 1982, in the definition of "the statutory maximum" for paragraph (b) there shall be substituted the following--

" (b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section); " .

Civic Government (Scotland) Act 1982 (c. 45)

44 (1) The Civic Government (Scotland) Act 1982 shall be amended as follows.

(2) In subsection (8) of section 51, in the definition of "prescribed sum" for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

(3) In subsection (3) of section 52, for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Insurance Companies Act 1982 (c. 50)

45 (1) The Insurance Companies Act 1982 shall be amended as follows.

(2) In subsection (3) of section 14, in paragraph (b)(ii) for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

(3) In subsection (2) of section 71, in paragraph (b)(ii) for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

(4) In subsection (1) of section 81, in paragraph (b)(ii) for the words "section 289B of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

(5) In subsection (4) of section 92, for the words "section 74 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 70 of the Criminal Procedure (Scotland) Act 1995".

(6) In subsection (4) of section 94 for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

(7) In subsection (5) of that section for the words "section 331 of the said Act of 1975" there shall be substituted the words "section 136 of the said Act of 1995".

Industrial Development Act 1982 (c. 52)

46 In Schedule 1 to the Industrial Development Act 1982, in paragraph 4(2) for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

Car Tax Act 1983 (c. 53)

47 In Schedule 1 to the Car Tax Act 1983, in paragraph 7(3) for the words "section 462 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 307 of the Criminal Procedure (Scotland) Act 1995".

Telecommunications Act 1984 (c. 12)

48 (1) The Telecommunications Act 1984 shall be amended as follows.

(2) In subsection (2) of section 81, for the words from "section 310" to "1975 Act" there shall be substituted the words "section 134 of the Criminal Procedure (Scotland) Act 1995 (in this section referred to as "the 1995 Act")".

(3) In subsection (8) of that section, for the words from "and section 452(4)(a)" to the end there shall be substituted the words "and section 182(5)(a) to (e) of the 1995 Act shall apply to appeals under this section as it applies to appeals such as are mentioned in section 176(1) of that Act".

(4) In Schedule 3 (penalties and mode of trial under the Wireless Telegraphy Act 1949), in paragraph 3(b) for the words "Chapter II of Part II of the Criminal Justice (Scotland) Act 1995" there shall be substituted the words "Part II of the Proceeds of Crime (Scotland) Act 1995".

Road Traffic Regulation Act 1984 (c. 27)

49 In subsection (2) of section 110 of the Road Traffic Regulation Act 1984--

(a) for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995"; and

(b) for the words "section 331" where they second occur there shall be substituted the words "section 136".

Mental Health (Scotland) Act 1984 (c. 36)

50 (1) The Mental Health (Scotland) Act 1984 shall be amended as follows.

(2) In section 60 (effect of hospital orders)--

(a) in subsection (1) for the words "section 175 or 376 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 58 of the Criminal Procedure (Scotland) Act 1995"; and

(b) in subsection (3) for the words "section 178(3) or 379(3) of the said Act of 1975" there shall be substituted the words "section 59(3) of the said Act of 1995".

(3) In subsection (1) of section 61 (effect of guardianship orders) for the words "section 175 or 376 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 58 of the Criminal Procedure (Scotland) Act 1995".

(4) In subsection (1) of section 62 (effect of restriction orders), for the words "section 178 or 397 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 59 of the Criminal Procedure (Scotland) Act 1995".

(5) In subsection (3) of section 69 (persons ordered to be kept in custody during Her Majesty's pleasure), for the words from "an order" to the end there shall be substituted "a hospital order together with a restriction order".

(6) In subsection (7) of section 71 (removal to hospital of persons serving sentences of imprisonment etc.), in paragraph (a) for the words from "section 174" to "1975" there shall be substituted the words "section 54, 57, 118 or 190 of the Criminal Procedure (Scotland) Act 1995".

(7) In section 73 (provision as to persons removed to hospital while awaiting trial etc.)--

(a) in subsection (1), for the words from "section 174ZC" to "1975" there shall be substituted the words "section 53, 57, 58 or 59 of the Criminal Procedure (Scotland) Act 1995"; and

(b) in subsection (3)--

(i) in paragraph (a), for the words "section 175(7) or 376(10) of the said Act of 1975" there shall be substituted the words "section 58(8) of the said Act of 1995"; and

(ii) in paragraph (b) for the words "section 183, 184, 384 or 385 of the said Act of 1975" there shall be substituted the words "section 228 or 230 of the said Act of 1995".

(8) In section 76 (interpretation of Part VI) for the words "section 178(3) or 379(3) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 59(3) of the Criminal Procedure (Scotland) Act 1995".

(9) After section 121 there shall be inserted the following section--

" 121A Warrants for arrest of escaped mental patients.

(1) On an application being made to a justice alleging that any person is a convicted mental patient liable to be retaken under section 18, 38(7) or 138 of the Mental Health Act 1983, section 28, 44 or 121 of the this Act or section 30 or 108 of the Mental Health Act (Northern Ireland) 1961 (retaking of mental patients who are absent without leave or have escaped from custody), the justice may issue a warrant to arrest him and bring him before any sheriff.

(2) Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied that he is a convicted mental patient as mentioned in subsection (1) above, order him to be kept in custody or detained in a place of safety pending his admission to hospital.

(3) Section 137 of the Mental Health Act 1983 and section 107 of the Mental Health Act (Northern Ireland) 1961 (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of the said Act of 1983 or 1961, as the case may be, to be so conveyed, kept or detained.

(4) In this section--

• "convicted mental patient" means a person liable after being convicted of an offence to be detained under Part III of the Mental Health Act 1983, Part VI of this Act, Part III of the Mental Health Act (Northern Ireland) 1961 or section 52, 59(1) to (10) or 60 of the Criminal Procedure (Scotland) Act 1995 in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge or a person liable to be detained under section 38 of the said Act of 1983;

• "place of safety" has the same meaning as in Part III of the said Act of 1983 or Part III of the said Act of 1961 or section 297 of the said Act of 1995, as the case may be. "

(10) In section 125--

(a) in the definition of "hospital order" and "guardianship order" for the words "section 175 or 376 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 58 of the Criminal Procedure (Scotland) Act 1995";

(b) in the definition of "restriction order" for the words "section 178 or 379 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 59 of the Criminal Procedure (Scotland) Act 1995"; and

(c) in subsection (4) for the words from "section 174" to "1975" there shall be substituted the words "section 54, 57, 58 or 59 of the Criminal Procedure (Scotland) Act 1995".

Video Recordings Act 1984 (c. 39)

51 In subsection (1) of section 16C of the Video Recordings Act 1984 (sheriff's jurisdiction), for the words "section 287 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 9 of the Criminal Procedure (Scotland) Act 1995".

Repatriation of Prisoners Act 1984 (c. 47)

52 The Schedule to the Repatriation of Prisoners Act 1984 shall be amended as follows--

(a) in paragraph 4(2) for the words "section 207 or 415 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 207 of the Criminal Procedure (Scotland) Act 1995";

(b) in paragraph 5(3) for "1975" there shall be substituted "1995".

Foster Children (Scotland) Act 1984 (c. 56)

53 (1) The Foster Children (Scotland) Act 1984 shall be amended as follows.

(2) In section 7, in paragraph (c) of subsection (1) for the words "Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "Criminal Procedure (Scotland) Act 1995".

(3) In section 13 for the words "sections 14 and 323 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 47 of the Children and Young Persons (Scotland) Act 1937".

Rent (Scotland) Act 1984 (c. 58)

54 In subsection (1) of section 115 of the Rent (Scotland) Act 1984, in the definition of--

(a) "the standard scale" for the words "section 289G of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(1) of the Criminal Procedure (Scotland) Act 1995"; and

(b) "the statutory maximum" for the words "section 289B(6) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 225(8) of the Criminal Procedure (Scotland) Act 1995".

Police and Criminal Evidence Act 1984 (c. 60)

55 In subsection (3) of section 75 of the Police and Criminal Evidence Act 1984--

(a) for the words "section 392 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 247 of the Criminal Procedure (Scotland) Act 1995"; and

(b) for the words "section 182 or section 183 of the said Act of 1975" there shall be substituted the words "section 228 or section 246(3) of the said Act of 1995".

Companies Act 1985 (c. 6)

56 (1) The Companies Act 1985 shall be amended as follows.

(2) In section 440, for the words "section 52 of the Criminal Justice (Scotland) Act 1987" there shall be substituted the words "section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995".

(3) In subsection (3) of section 731, for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

(4) In subsection (4) of section 734, for the words "section 74 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 70 of the Criminal Procedure (Scotland) Act 1995".

Surrogacy Arrangements Act 1985 (c. 49)

57 In subsection (6) of section 4 of the Surrogacy Arrangements Act 1985, for the words "section 331(1) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136(1) of the Criminal Procedure (Scotland) Act 1995".

The Bankruptcy (Scotland) Act 1985 (c. 66)

58 (1) The Bankruptcy (Scotland) Act 1985 shall be amended as follows.

(2) In section 5(4) (meaning of qualified creditor), for the words "or by section 114(1) of the Criminal Justice (Scotland) Act 1995" there shall be substituted the words "or by section 49(1) of the Proceeds of Crime (Scotland) Act 1995".

(3) In section 7(1) (meaning of apparent insolvency), in the definition of "confiscation order", for the words "or by section 114(1) of the Criminal Justice (Scotland) Act 1995" there shall be substituted the words "or by section 49(1) of the Proceeds of Crime (Scotland) Act 1995".

(4) In subsection (2) of section 55 (effect of discharge of bankrupt on certain liabilities), after paragraph (a) there shall be inserted the following paragraphs--

" (aa) any liability to pay a fine imposed in a district court;

(ab) any liability under a compensation order within the meaning of section 249 of the Criminal Procedure (Scotland) Act 1995; " .

(5) In subsection (2) of section 68, for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

Animals (Scientific Procedures) Act 1986 (c. 14)

59 In subsection (4) of section 26 of the Animals (Scientific Procedures) Act 1986, for the words "section 331 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 136 of the Criminal Procedure (Scotland) Act 1995".

Consumer Safety (Amendment) Act 1986 (c. 29)

60 (1) The Consumer Safety (Amendment) Act 1986 shall be amended as follows.

(2) In subsection (3) of section 7, for "1975" there shall be substituted "1995".

(3) In section 10 for the words "section 452(4)(a) to (e) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995".

Insolvency Act 1986 (c. 45)

61 In subsection (3) of section 431 of