Criminal Procedure(ConsequentialProvisions)(Scotland) Act1995
CHAPTER40
LONDON :HMSO
Criminal Procedure 
(Consequential 
Provisions) (Scotland) Act 1995 
CHAPTER 40 
ARRANGEMENT OF SECTIONS 
Section 
1. Interpretation. 
2. Continuity of the law. 
3. Rationalisation of penalties. 
4. Transitional, transitory and savings. 
5. Minor and consequential amendments. 
6. Repeals. 
7. Short title, interpretation, commencement and extent. 
SCHEDULES: 
Schedule 1—Setting and alteration of certain penalties. 
Schedule 2—Increase in Certain Penalties. 
Part 1—Offences made triable only summarily, and 
related amendments. 
Part Il—Increase of fines for certain summary offences. 
Part Ill—Fines to be altered other than in accordance with 
paragraphs 4 and 5 of Schedule 1. 
Schedule 3—Transitional Provisions, Transitory 
Modifications and Savings. 
Part I—General and Miscellaneous. 
Part Il—Specific Provisions. 
Schedule 4—Minor and Consequential Amendments. 
Schedule 5—Repeals. 
Schedule 6—Provisions repealed with savings. 
ELIZABETH II C. 40 
Criminal Procedure 
(Consequential 
Provisions) (Scotland) Act 1995 
1995 CHAPTER 40 
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] 
B E 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. In this Act— Interpretation. 
"the consolidating Acts" means the Principal Act, the Proceeds of 1995 c. 43. 
Crime (Scotland) Act 1995, the Criminal Law (Consolidation) 1995 39. 
(Scotland) Act 1995 and, so far as it reproduces the effect of the 
repealed enactments, this Act; 
"the Principal Act" means the Criminal Procedure (Scotland) Act 1995 c. 46. 
1995"; and 
"the repealed enactments" means the enactments repealed by this 
Act. 
2.—(1) The substitution of the consolidating Acts for the repealed Continuity of the 
enactments does not affect the continuity of the law. law. 
2 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
(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of a provision of the repealed enactments has effect, if it could have been 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. 
Rationalisation of 3.—(i) Schedule ito this Act shall have effect for the purpose of setting 
penalties. 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. 
Transitional, 4. The transitional provisions, transitory modifications and savings 
transitory and contained in Schedule 3 to this Act shall have effect. 
savings. 
Minor and 5. The enactments mentioned in Schedule 4 to this Act shall have effect 
consequential subject to the amendments there specified being amendments 
amendments. consequential on this Act. 
Repeals. 6.—(1) The enactments mentioned in Schedule 5 to this Act are hereby 
repealed to the extent specified in the third colunm of that Schedule. 
1978 c. 30. (2) Without prejudice to section 16(i)(a) of the Interpretation Act 
1975 21. 1978, the repeal by this Act of the provisions of the 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. Criminal Procedure (Scotland) Act 1887. 
35. 
Short title, 7.—(i) This Act may be cited as the Criminal Procedure 
interpretation, (Consequential Provisions) (Scotland) Act 1995. 
commencement . 
and extent. (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. 
Criminal Procedure (Consequential c. 40 
Provisions) (Scotland) Act 1995 
SCHEDULES 
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 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 
Penalty or maximum penalty at 
commencement of section 55 of 
Criminal Justice Act 1982 
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). 
2. Imprisonment for a period 2. Imprisonment for a period not 
exceeding 3 months. exceeding 3 months. 
3. Fine in respect of a specified 3. Fine not exceeding the prescribed 
quantity or number of things. sum in respect of each such 
quantity or number. 
4. Fine exceeding £100 in respect of 4. Fine not exceeding £100 in respect 
each period of a specified length of each such period. 
during which a continuing offence 
is committed. 
(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 Criminal Law Act 1977 or in any other Act (including this Act). 1977 c. 45. 3 
SCHEDULE 1 Section 3(1). 
1982 c. 48. 
Column 2 
New maximum penalty 
1. Fine not exceeding the prescribed 
sum. 
4 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 1 
(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 
1977 c. 45. passing of the Criminal Law Act 1977), but this sub-paragraph shall not alter the 
maximum daily fine, if any, provided for by any of those enactments. 
1973 c. 65. (2) In section 203 of the 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. 
Criminal Procedure (Consequential c. 40 5 
Provisions) (Scotland) Act 1995 
SCH. I 
(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 Criminal Law 1977 c. 45. 
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 Criminal Procedure (Scotland) Act 1975). 1975 c. 21. 
(4) This paragraph does not apply to— 
(a) section 5(3) of the Principal Act (imprisonment for certain offences); 
(b) section 78 of the Criminal Justice (Scotland) Act 1980 (vandalism); or 1980 c. 62. 
(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— 
6 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. I 
(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 
1977 c. 45. of the 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. 
Criminal Procedure (Consequential c. 40 7 
Provisions) (Scotland) Act 1995 
SCH. 1 
(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 Transport Act 1962; 1962 c. 46. 
(c) sections 42(1) and 47(1) of the Road Traffic Act 1988; 1988 c. 52. 
(d) an enactment mentioned in Schedule ito the British Railways Act 1977 1977 cap. xvii. 
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 Criminal Justice Act 1982. 1982 c. 48. 
(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 (I) above falls. 
Column I 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.—(i) 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 
8 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
ScH.1 
(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 (I) 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 (l)(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 
1987 c. 41. October 1988 (the date of commencement of section 66 of the 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, 
Criminal Procedure (Consequential c. 40 9 
Provisions) (Scotland) Act 1995 
SCH. I 
(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.—(I) 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 Criminal Justice (Scotland) Act 1987). 1987 c. 41. 
Fines under secondary subordinate instruments 
8.—(l) 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 Criminal Justice Act 1982); and 1982 c. 48. 
10 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 1 
(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. 
Criminal Procedure (Consequential c. 40 11 
Provisions) (Scotland) Act 1995 
SCH. 1 
Part III of Schedule 2 
lO.—(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 
1 1.—(1) The Misuse of Drugs Act 1971 shall be amended as follows— 1971 c. 38. 
(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. 
12 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 1 
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 NIGHT POACHING ACT 1828 (C. 69) Offences under section 1 (taking or destroying game or rabbits by night or entering land for that purpose). PUBLIC MEETING ACT 1908 (c. 66) Offences under section 1(1) (endeavour to break up a public meeting). POST OFFICE ACT 1953 (C. 36) Offences under section 56 (criminal diversions of letters from addressee). 
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". 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". For the words "guilty" onwards substitute "liable on summary conviction to a fine not 
Level 3 on the standard scale. 6 months or level 5 on the standard scale or both. Level 4 on the standard scale or 6 months or both. 
(1) Offence 
(2) Enactment 
(3) Amendment 
(4) Penalties Section 1. Section 1(1) Section 56(1) 
L 0 
0 (1) Offence 
(2) Enactment 
(3) Amendment 
(4) Penalties exceeding level 4 on the standard scale or to imprisonment for a term not exceeding six months or to both". BETTING, GAMING AND LOTTERIES ACT 1963 (C. 2) Section 52 For paragraphs (a) and Level 5 on the Offences under the following provisions - section 7 (restriction of (b) of subsection (2) standard scale or betting on dog racecourses); section 10(5) (advertising licensed (penalties for certain 6 months or betting offices); section 11(6) (person holding bookmaker's or betting offences) substitute "on both. agency permit employing a person disqualified from holding such a summary conviction to permit); section 18(2) (making unauthorised charges to bookmakers a fine not exceeding on licensed track); section 19 (occupiers of licensed tracks not to have level 5 on the standard any interest in bookmaker thereon); section 21 (betting with young scale or to persons); section 22 (betting circulars not to be sent to young imprisonment for a persons). term not exceeding six months or to both". THEATRES ACT 1968 (C. 54) Section 6(2) For paragraphs (a) and 6 months or level Offences under section 6 (provocation of breach of the peace by means (b) substitute "on 5 on the of public performance of play). 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". 
standard scale or both. 
PART II INCREASE OF FINES FOR CERTAIN SUMMARY OFFENCES (1) Enactment creating offence 
(2) Penalty enactment 
(3) Old maximum fine 
(4) New maximum fine PROTEC110N OFANIMALS (SCOTLAND) ACT 1912 (C. 14) Section 1(1) (as £50 Level 4 on the Offences under section 1(1) (inflicting of unnecessary suffering on, and amended by section 3 standard scale. cruelty to, animals), of the Protection of Animals (Amendment) Act 1954). PROTEC11ON OF ANIMALS ACT 1934 (C. 21) Section 2. £100 Level 4 on the Offences under section 1(1) (prohibition of certain public contests, standard scale. performances and exhibitions with horses or bulls). PUBLIC ORDER ACT 1936 (lEdw. 8 &1 Geo. 6) (C. 6) Section 7(2). £50 Level 4 on the Offences under section 1(1) (wearing uniform signifying association standard scale. with political organisation). CHILDREN AND YOUNG PERSONS (SCOTLAND) ACT 1937 (C. Section 46(2). £50 Level 4 on the 37) standard scale. Offences under section 46(2) (publication of matters identifying juveniles in court proceedings). CINEMATOGRAPH FILMS (ANIMALS) ACT 1937 (C. 59) Section 1(3). £100 Level 4 on the Offences under section 1(1) (prohibition of films in production of which standard scale. suffering has been caused to animals). p 
Section 3. Section 8 (as amended by Schedule 3 to the Criminal Justice Act 1967). Section 3 1(1) (as amended by Schedule 3 to the Criminal Justice Act 1967). Section 55(2) (as amended by Schedule 3 to the Criminal Justice Act 1967). Section 50(2) Section 50A(2). 
£10 for a first offence and £20 for a second or subsequent offence. £20 for a first offence and £50 for a second or subsequent offence. £20 for a first offence and £50 for a second or subsequent offence. 
Level 4 on the standard scale. Level 4 on the standard scale. Level 4 on the standard scale. Level 4 on the standard scale. Level 3 on the standard scale. Level 3 on the standard scale. 
(1) Enactment creating offence 
(2) Penalty enactment 
(3) Old maximum fine 
(4) New maximum fine £50 £20 £50 
ARCHITECTS REGISTRATION ACT 1938 (C. 54) Offences under section 1 (unregistered persons using title of architect). 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). FIRE SERVICES ACT 1947 (C. 41) Offences under section 31(1) (giving false fire alarm). NATIONAL ASSISTANCE ACT 1948 (C. 29) Offences under section 55(2) (obstruction). AGRICULTURE (SCOTLAND) ACT 1948 (C. 45) Offences under section 50(1) (prohibition of night shooting and use of spring traps). Offences under section 50A(l) (open trapping of hares and rabbits). 
C, 0 '0 
DOCKING AND NICKING OF HORSES ACT 1949 (C. 70) Offences under section 1(1) (prohibition of docking or nicking horses). Offences under section 2(3) (offences in connection with importation of docked horses). Offences under section 2(4) (making of false statement). COCKFIGHTING ACT 1952 (C. 59) Offences under section 1(1) (possession of appliances for use in fighting of domestic fowl). DOGS (PROTECTION OF LIVESTOCK) ACT 1953 (C. 28) Offences under section 1(1) (owning or keeping a dog which worries livestock). PES1'S ACT 1954 (C. 68) Offences under section 12 (spreading of myxomatosis). ANIMAL (CRUEL POISONS) ACT 1962 (C. 26) Offences under section 1 (offences in connection with use of prohibited poison for destroying animals). 
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. Level 3 on the standard scale. Level 3 on the standard scale. Level 3 on the standard scale. Level 3 on the standard scale. Level 3 on the standard scale. Level 3 on the standard scale. 
(1) Enactment creating offence 
(2) Penalty enactment 
(3) Old maximum fine 
(4) New maximum fine Section 1(3). Section 2(3). Section 2(4). Section 1(1) 
£25 £25 £25 £25 £20 for a first offence and £50 for a second or subsequent offence in respect of the same dog. Section 12. Section 1. 
0 0 '0 -4 
£50 
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. 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). ABORTION ACT 1967 (C. 87) Offences under section 2(3) (contravening or failing to comply with regulations as to notification). 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). SOCIAL WORK (SCOTLAND) ACT 1968 (C. 49) Offences under section 6(5) (obstructing officer in exercise of power under section 6). Offences under section 60(3) (failure to comply with regulations etc. in respect of the control of residential and other establishments). 
£2 for a first offence, £5 for a second offence and £10 for a third or subsequent offence. £100 for a first offence and £200 for a second or subsequent offence. 
Level 4 on the standard scale. Level 3 on the standard scale. Level 5 on the standard scale. Level 4 on the standard scale. Level 4 on the standard scale. Level 4 on the standard scale. 
(1) Enactment creating offence 
(2) Penalty enactment 
(3) Old maximum fine 
(4) New maximum fine £50 
00 p Section 41(1). Section 7(4). Section 2(3). Section 7(1). Section 6(5). Section 60(3). 
£100 £10 for a first offence and £50 for a second or subsequent offence. £50 
(1) Enactment creating offence 
(2) Penalty enactment 
(3) Old maximum fine 
(4) New maximum fine Offences under section 61(3) (carrying on establishment without Section 61(3). £50 for a first offence and Level 4 on the registration). £100 for a second or standard scale. subsequent offence. Offences under section 62(6) (failure to comply with a condition of the Section 62(6). £50 for a first offence and Level 4 on the registration of an establishment). £100 for a second or standard scale. subsequent offence. Offences under section 65(4) (obstructing officer in exercise of power Section 65(4). £10 for a first offence and Level 4 on the under section 65). £50 for a second or standard scale. subsequent offence. GAMING ACT 1968 (C. 65) Section 8(5). £50 Level 4 on the Offences under section 8(5) (gaming in a street or public place). standard scale. EMPLOYERS' LIABILITY (COMPULSORY INSURANCE) ACT Section 4(3). £50 Level 3 on the 1969 (C. 57) standard scale. Offences under section 4(3) (offences in relation to certificates of insurance). '0 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) Section 5(2). £50 for a first offence and Level 4 on the Any offence under the Act, except an offence under section 11(7). £100 for a second or standard scale. subsequent offence. MISUSE OF DRUGS ACT 1971 (C. 38) Schedule 4. £100 Level 3 on the Offences under section 17(3) (failure to comply with notice requiring standard scale. information relating to prescribing supply etc. of drugs). 
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). Offences under section 6(4) (using title etc. falsely to suggest entitlement to sell poison). Offences under section 9(8) (obstructing an inspector etc.). 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). 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. 
£50 for a first offence and £100 for a second or subsequent offence. 
Level 4 on the standard scale. Level 2 on the standard scale. Level 2 on the standard scale. Level 5 on the standard scale. Level 4 on the standard scale. 
(1) Enactment creating offence 
(2) Penalty enactment 
(3) Old maximum fine 
(4) New maximum fine £50 £20 £5 £400 
Section 8(1). Section 6(4). Section 9(8). Section 33(2). Paragraph 1(2) of Schedule 4. 
C) II '0 
—' 
(1) Enactment creating offence 
(2) Penalty enactment 
(3) Old maximum fine 
(4) New maximum fine Offences under section 1 (fishing with certain instruments for salmon, The Table in Part I of £50 for a first offence and Level 4 on the trout or freshwater fish and possessing certain instruments for fishing Schedule 4. £100 for a second or standard scale. for such fish) if not acting with another. subsequent offence. Offences under section 19(2) (fishing for salmon during the annual close The said Table. £100 for a first offence and Level 4 on the season or weekly close time). £200 for a second or subsequent offence. 
standard scale. Offences under section 19(4) (fishing for trout during the annual close The said Table. £100 for a first offence and Level 4 on the season or weekly close time). £200 for a second or subsequent offence. 
standard scale. Offences under section 19(6) (fishing for freshwater fish during the The said Table. £100 for a first offence and Level 4 on the annual close season for freshwater fish and fishing for eels by means £200 for a second or standard scale. of a rod and line during that season). subsequent offence. Offences under section 19(7) (fishing for rainbow trout during the The said Table. £100 for a first offence and Level 4 on the annual close season for rainbow trout and fishing for eels by means £200 for a second or standard scale. of a rod and line during that season). subsequent offence. Offences under section 21 (prohibition on use of certain devices at The said Table. £100 for a first offence and Level 4 on the certain times). £200 for a second or subsequent offence. 
standard scale. Offences under section 27 (fishing for fish otherwise than under the The said Table. £50 for a first offence and Level 4 on the authority of a licence and possessing an unlicensed instrument with £100 for a second or standard scale. intent to use it for fishing) if not acting with another), subsequent offence. n '.4 
PART III FINES TO BE ALTERED OTHER THAN IN ACCORDANCE WITH PARAGRAPHS 4 AND 5 OF SCHEDULE I (1) Enactment 
(2) Amendment 
(3) New penalty MILITARY LANDS ACT 1892 (C. 43) For "five pounds" substitute "level Level 2 On the standard scale. Section 17(2) (offences against byelaws). 2 on the standard scale". PROTECTION OF ANIMALS (SCOTLAND) ACT 1912 (C. 14) For "ten pounds" substitute "level Level 4 on the standard scale. Section 7 (selling poisoned grain or placing on any land matter rendered 4 on the standard scale". poisonous). LAND DRAINAGE (SCOTLAND) ACT 1930 (C. 20) For "twenty pounds" substitute Level 3 on the standard scale. Section 4 (obstruction of person exercising power of entry). "level 3 on the standard scale". LAND DRAINAGE (SCOTLAND) ACT 1941 (C. 13) For "twenty pounds" substitute Level 3 on the standard scale. Section 2(2) (obstruction of person exercising power of entry). "level 3 on the standard scale". PUBLIC HEALTH (SCOTLAND) ACT 1945 (C. 15) For "one hundred pounds" Level 5 on the standard scale and Section 1(5) (contravention of regulations as to treatment and spread of substitute "level 5 on the £50 per day during which the '-" certain diseases). standard scale". offence continues. FIRE SERVICES ACT 1947 (C. 41) For "ten pounds" substitute "level Level 2 on the standard scale. Section 14(5) (improper use of fire hydrant). 2 on the standard scale". Section 30(2) (obstructing a member of a fire brigade). For "twenty-five pounds" Level 3 on the standard scale. substitute "level 3 on the standard scale". 
(1) Enactment 
(2) Amendment 
(3) New penalty RADIOAC1'IVE SUBSTANCES ACT 1948 (C. 37) For the words from "twenty Level 4 on the standard scale. Section 8(1) (obstruction of person exercising power of entry). pounds" to the end substitute "level 4 on the standard scale". Section 8(3) (other summary offences under Act). For the words from "one hundred Level 4 on the standard scale or 3 pounds" where first occurring to months or both. "one hundred pounds" where secondly occurring substitute "level 4 on the standard scale". RIVERS (PREVENTION OF POLLUTION) (SCOTLAND) ACT 1951 For the words from "five pounds" Level 3 on the standard scale. (C. 66) to the end substitute "level 3 on Section 21 (obstruction of person exercising power of entry). the standard scale". LAND DRAINAGE (SCOTLAND) ACT 1958 (C. 24) For the words from "five pounds" Level 3 on the standard scale. Section 11(4) (obstruction of person exercising power of entry). to the end substitute "level 3 on the standard scale". BETTING, GAMING AND LOTTERIES ACT 1963 (C. 2) For "one hundred pounds" Level 4 on the standard scale. Section 28(10) (disclosing information about bookmaker's business), substitute "level 4 on the '-'I standard scale". PLANT VARIETIES AND SEEDS ACT 1964 (C. 14) For "twenty pounds" substitute Level 3 on the standard scale. Section 25(9) (obstructing an authorised person). "level 3 on the standard scale". Section 27(1) (tampering with samples). For "one hundred pounds" Level 5 on the standard scale or 3 substitute "level 5 on the months or both. standard scale". 
For "twenty pounds" substitute "level 3 on the standard scale". For the words from "one hundred pounds" to "two hundred and fifty pounds" substitute "level 5 on the standard scale". For "five pounds" substitute "level 3 on the standard scale". For the words from "one hundred pounds" to the end substitute "level 5 on the standard scale". For "f 50" substitute "level 5 on the standard scale". In paragraph (a) for "flO" substitute "level 2 on the standard scale", and in paragraph (b) for substitute "level 2 on the standard scale". For substitute "level 3 on the standard scale". For "fifty pounds" substitute "level 4 on the standard scale". For "ten pounds" substitute "level 3 on the standard scale". 
Level 3 on the standard scale. Level 5 on the standard scale or 3 months or both. Level 3 on the standard scale. Level 5 on the standard scale. Level 5 on the standard scale. Level 2 onthe standard scale and 50 pence per day during which the offence continues. Level 4 on the standard scale or 3 months. Level 3 on the standard scale or 60 days. 
(1) Enactment 
(2) Amendment 
(3) New penalty AGRICULTURE AND HORTICULTURE ACT 1964 (C. 28) Section 20(1) (obstruction, etc. of authorised officer). Section 20(2) (offences under Part III). INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1965 (C. 12) Section 61 (general offences). RIVERS (PREVENTION OF POLLUTION) (SCOTLAND) ACT 1965 (C.13) Section 11(2) (unauthorised disclosure of information). FORESTRY ACT 1967 (C. 10) Section 24(4) (failure to comply with felling licence). Section 46(5) (offences against byelaws). Section 48(3) (obstruction of Forestry Commission officers). POLICE (SCOTLAND) ACT 1967 (C. 77) Section 43(1) (impersonating a police officer). Section 44(5) (offences by constables). 
C.) Level 3 on the standard scale. 
(1) Enactment 
(2) Amendment 
(3) New penalty AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1968 (C. For "twenty pounds" substitute Level 3 on the standard scale. 34) "level 3 on the standard scale". Section 7(2) (obstructing officer authorised to carry out welfare inspections). SALE OF VENISON (SCOTLAND) ACT 1968 (C. 38) For substitute "level 3 on Level 3 on the standard scale. Section 1(4) (contravention of provisions regarding registration of the standard scale". venison dealers). Section 2(4) (failure to keep records, etc.) For substitute "level 2 on Level 2 on the standard scale. the standard scale". SEWERAGE (SCOTLAND) ACF 1968 (C. 47) For substitute "level 3 on Level 3 on the standard scale. Section 44 (failure to provide information, etc.). the standard scale". Section 48(9) (obstruction of person having right of entry). For substitute "level 3 on Level 3 on the standard scale and the standard scale". £5 per day which the offence continues. Section 50(3) (unauthorised disclosure of information". For the words from "f100" to the Level 5 on the standard scale. end substitute "level 5 on the standard scale". TRANSPORT ACT 1968 (C. 73) For substitute "level 4 on Level 4 on the standard scale. Section 97A(l) (tachograph offences). the standard scale". Section 97A(2) (failure by employer to secure compliance with section For "L200" substitute level 4 on Level 4 on the standard scale. 97A(l)(a)). the standard scale". ROAD TRAFFIC (FOREIGN VEHICLES) ACT 1972 (C. 27) For "U00" substitute "level 5 on Level 5 on the standard scale. Section 3(1) (disobeying prohibition on a goods vehicle), the standard scale". 
For the words from "in the case" where first occurring to "L50" where thirdly occurring substitute "to a fine not exceeding level 3 on the standard scale". For the words from to substitute "level 4 on the standard scale". For the words "U0" to substitute "level 4 on the standard scale". For the words from to substitute level 4 on the standard scale. For the words from to substitute "level 4 on the standard scale". For substitute "level 3 on the standard scale". For "U5" substitute "level 3 on the standard scale". For "the sum of £400" substitute "level 4 on the standard scale". 
Level 3 on the standard scale or 1 month or both. Level 4 on the standard scale or 3 months or both. Level 4 on the standard scale or 3 months or both. Level 4 on the standard scale or 3 months or both. Level 4 on the standard scale or 3 months or both. Level 3 on the standard scale. Level 3 on the standard scale. Level 4 on the standard scale and £50 per day during which the offence continues. 
(1) Enactment 
(2) Amendment 
(3) New penalty EDUCATION (SCOTLAND) ACT 1980 (C. 44) Section 43(1) (contravention of section 35, 41 or 42). Section 66(3) (obstruction of inspectors). Section 98(2) (failure to register independent school, etc.). Section 101(2) (using disqualified premises). Section 101(3) (disqualified person acting as proprietor of independent school, etc.). WATER (SCOTLAND) ACT 1980 (C. 45) Section 38(7) (obstruction of person exercising power of entry). Section 64(2) (failure to provide information, etc.). Section 72(3) (penalty which may be provided for contravention of byelaws). 
p 
-s 5-' '0 '0 -s 
(1) Enactment 
(2) Amendment 
(3) New penalty Section 93(7) (failure to provide information, etc.). For 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), Paragraph 28 of Schedule 4 (obstruction of person exercising power of entry). 
For the words from "t5O" where first occurring to "continued" substitute "level 3 on the standard scale". For the words substitute "level 3 on the standard scale". 
Level 3 on the standard scale. . Level 3 on the standard scale. C.) 
28 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
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.—(l) 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.—(l) At any time before 1 April 1996 or the coming into force of section 1 
1994 c. 39. of the 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 
1967 c. 77. under the 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 
1995 c. 43. 1994 comes into force, the reference in section 1 7(5)(a) of the Proceeds of Crime 
(Scotland) Act 1995 to a joint police board shall be construed as a reference to a 
joint police committee. 
Tile 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. 
Criminal Procedure (Consequential c. 40 29 
Provisions) (Scotland) Act 1995 
SCH. 3 
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 District Courts (Scotland) Act 1975 1975 c. 20 
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 Criminal Justice (Scotland) 1987 c. 41 
Act 1987 of section 58A of the Children and Young Persons (Scotland) Act 1937, 
1 Edw 8 and I 
any child who, before 1 April 1988 (the date of commencement of section 59 of Geo 6. c. 37 
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 Criminal Procedure(Scotland) 1975 c. 21 
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 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 
Criminal Justice (Scotland) Act 1949 and is expressed to extend to persons dealt 1949 c. 94. 
with under section 1(1) of the Probation of Offenders Act 1907 as well as to 1907 17. 
convicted persons. 
Restriction on discharge of hospital order 
10. the coming into force of section 54 of the Criminal Justice (Scotland) 1995 c. 20. 
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). 
30 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 3 
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 
1 3.—(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 
1990 c. 40 section 62 of the 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 
1968 c. 49. of section 42(2)(c) of the Social Work (Scotland) Act 1968 or by virtue 
1995 c. 36. of Chapter 3 of Part II of the Children (Scotland) Act 1995, an 
application made, 
1995 c. 20. before sections 17 to 20 of the 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. 
C'onfiscation of proceeds of crime, etc. 
15.—(1) Where a person is charged with an offence in relation to which 
1995 c. 43. provision is made by Part! of the Proceeds of Crime (Scotland) Act 1995, being 
an offence committed before the coming into force of Chapter I of Part!! 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 
1975 c.21. powers conferred by section 223 or section 436 of the CriminaiProcedure 
(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 1 of Part!! of the Criminal Justice (Scotland) Act 1995. 
Criminal Procedure (Consequential c. 40 31 
Provisions) (Scotland) Act 1995 
SCH. 3 
(4) In any case in which, notwithstanding the coming into force of the 
Bankruptcy (Scotland) Act 1985, the Bankruptcy (Scotland) Act 1913 applies to 1985c. 66. 
a sequestration, paragraph 1(2) of Schedule 2 to the Proceeds of Crime 1913 20. (Scotland) Act 1995 shall have effect as if for sub-sub-paragraphs (a) and (b) 1995 43 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 Insolvency Act 1986 came into force), paragraph 2(2) to (5) of 1986 c. 45. 
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 Bankruptcy Act 1914; 1914 c.59. 
(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 Companies Act 1985. 1985 c. 6. 
(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) 
1 6.—( 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. 
32 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 3 
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 
1995 c. 39. 18. Where an offence mentioned in section 45(5) of the 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 (I); 
(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 I 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'BooksEvidenceAct 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.—(l) The Children and Young Persons (Scotland) Act 1937, shall be 
amended as follows. 
(2) After section 62 there shall be inserted the following section— 
"Register of 63. In addition to any other register required by law, a 
children found separate register of children found guilty of offences and of 
guilty of offences. children discharged on bond or put on probation shall be kept 
for every summary court by the chief constable or other person 
Criminal Procedure (Consequential c. 40 33 
Provisions) (Scotland) Act 1995 
SCH.4 
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— 
"Proof of age a 103. Where a person is charged with an offence under this Act 
defence, 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 (1) there shall be substituted the following paragraph— 
"(0 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— 
34 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
"(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 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 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)— 
Criminal Procedure (Consequential c. 40 35 
Provisions) (Scotland) Act 1995 
SCH. 4 
(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) 
l8.—.(1) The Customs and Excise Management Act 1979 shall be amended 
as follows. 
(2) In subsection (6) of section 1 18A (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 11 8C (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". 
36 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
ScR. 4 
(4) In subsection (1) of section ll8D (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 
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 (k5,000 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 
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 
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.—(l)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)". 
Criminal Procedure (Consequential c. 40 37 
Provisions) (Scotland) Act 1995 
SCH. 4 
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". 
Gompetition 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 (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— 
"(5 A) 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— 
38 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
ScR. 4 
"(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 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 there shall be substituted the words "level 
4 on the standard scale"; and 
(b) in paragraph (b) for 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— 
Criminal Procedure (Consequential c. 40 39 
Provisions) (Scotland) Act 1995 
SCH. 4 
(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 
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);". 
40 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
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.—(l) 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". 
Criminal Procedure (Consequential c. 40 41 
Provisions) (Scotland) Act 1995 
SCH. 4 
(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.—(l) 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 1 82(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.—(l) 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". 
42 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
(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 PrQcedure (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— 
"Warrants for 121A.—(l) On an application being made to a justice 
arrest of escaped alleging that any person is a convicted mental patient liable to 
mental patients. 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 111 of the Mental Health Act (Northern 
Ireland) 1961 or section 52, 59(1) to (10) or 60 of the 
Criminal Procedure (Consequential c. 40 43 
Provisions) (Scotland) Act 1995 
SCH. 4 
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 1 6C 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.—(l) 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 2890 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". 
44 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
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.—(l) 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 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". 
Criminal Procedure (Consequential c. 40 45 
Provisions) (Scotland) Act 1995 
SCH. 4 
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 the Insolvency 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". 
Company Directors Disquahfi cation Act 1986 (c. 46) 
62. In subsection (1) of section 8 of the Company Directors Disqualification 
Act 1986, 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". 
Legal Aid (Scotland) Act 1986 (c. 47) 
63.—(1) The Legal Aid (Scotland) Act 1986 shall be amended as follows. 
(2) In subsection (4) of section 21, 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". 
(3) In subsection (1) of section 22 (circumstances in which criminal legal aid 
automatically available), after paragraph (d) there shall be inserted the following 
paragraphs— 
"(da) in relation to any proceedings under solemn or summary 
procedure whereby the court determines (whether or not on a 
plea by the accused person) whether he is insane so that his trial 
cannot proceed or continue; 
(db) in relation to an examination of facts held under section 55 of the 
- Criminal Procedure (Scotland) Act 1995 and the disposal of the 
case following such examination of facts; 
(dc) in relation to any appeal under section 62 or 63 (appeal by, 
respectively, accused or prosecutor in case involving insanity) of 
that Act of 1995;" 
(4) In subsection (2) of section 23, for the words from "section 4l(2)(b)" to the 
end there shall be substituted the words "section 204(4)(b) of the Criminal 
Procedure (Scotland) Act 1995". 
(5) In subsection (I) of section 25 (legal aid in criminal appeals)— 
(a) after the word "sentence" there shall be inserted the words ", other 
disposal"; and 
(b) at the end there shall be inserted the words "other than an appeal in 
relation to which section 22(1)(dc) of this Act applies". 
(6) In subsection (2) of that section— 
(a) in paragraph (a) after the word "below," there shall be inserted the 
words "the Board is satisfied"; and 
(b) for paragraph (b) and the preceding "and" there shall be substituted the 
following paragraphs— 
46 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH.4 
"(b) in the case of an appeal under section 106(1) or 175(2) of the 
Criminal Procedure (Scotland) Act 1995, leave to appeal is 
granted; and 
(c) in the case of an appeal under any other provision of that Act, 
where the applicant is the appellant, the Board is satisfied that in 
all the circumstances of the case it is in the interests ofjustice that 
the applicant should receive criminal legal aid." 
(7) After the said subsection (2) there shall be inserted the following 
subsection— - 
"(2A) Where the Board has refused an application for criminal legal aid 
on the ground that it is not satisfied as mentioned in subsection (2)(c) above 
the High Court may, at any time prior to the disposal of an appeal, whether 
or not on application made to it, notwithstanding such refusal determine 
that it is in the interests ofjustice that the applicant should receive criminal 
legal aid in connection with the appeal, and the Board shall forthwith make 
such legal aid available to him." 
(8) For subsection (5) there shall be substituted the following subsections— 
"(5) Subsections (2)(a), (3) and (4) above shall apply to an application 
for criminal legal aid in connection with consideration under section 107, 
180 or 187 of the Criminal Procedure (Scotland) Act 1995 whether to grant 
leave to appeal as if— 
(a) in subsection (2)(a), for the words "of the appeal" there were 
substituted the words "in connection with consideration whether 
to grant leave to appeal"; and 
(b) in subsection (4), after the word "is" there were inserted the words 
"subject to leave being granted,". 
(6) Subsections (2)(a) and (c) and (2A) to (4) above shall apply to an 
application for criminal legal aid in connection with a petition to the nobile 
officium of the High Court of Justiciary (whether arising in the course of 
any proceedings or otherwise) as they apply for the purposes of subsection 
(1) above. 
(7) Subsections (2)(a), (3) and (4) above shall apply to an application for 
criminal legal aid in connection with .a reference by the Secretary of State 
under section 124 of the Criminal Procedure (Scotland) Act 1995 as they 
apply for the purposes of subsection (1) above." 
(9) In subsection (3) of section 30 (application of section 25 to legal aid in 
contempt proceedings),— 
(a) before the words "Section 25" there shall be inserted the words 
"Subsections (2)(a) and (c), (2A) to (4) and (6) of"; 
(b) for the words "it applies" there shall be substituted the words "they 
apply"; 
(c) after the word "sentence" there shall be substituted the words ", other 
disposal"; 
(d) after the word "application" there shall be inserted the following 
paragraph— 
"(za) in subsection (2a) of that section, the reference to the High 
Court shall include a reference to the Court of Session;"; and 
(e) in paragraph (b) for the word "(5)" there shall be substituted the word 
"(6)". 
(10) In subsection (2) of section 35, 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". 
Criminal Procedure (Consequential c. 40 47 
Provisions) (Scotland) Act 1995 
SCM. 4 
Social Security Act 1986 (c. 50) 
64. In subsection (5) of section 56 of the Social Security Act 1986— 
(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 of the said Act of 1975" there shall be 
substituted the words "section 136 of the said Act of 1995". 
Building Societies Act 1986 (c. 53) 
65. In subsection (5) of section 111 of the Building Societies Act 1986, for the 
words "section 33 1(3) of the Criminal Procedure (Scotland) Act 1975" there shall 
be substituted the words "section 136(3) of the Criminal Procedure (Scotland) 
Act 1995". 
Financial Services Act 1986 (c. 60) 
66. In subsection (4) of section 203 of the Financial Services Act 1986, 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". 
Banking Act 1987 (c. 22) 
67.—(1) The Banking Act 1987 shall be amended as follows. 
(2) In subsection (3) of section 97, 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 (4) of section 98, 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". 
Consumer Protection Act 1987 (c. 43) 
68. In subsection (8) of section 17 of the Consumer Protection Act 1987, for 
the words from "and section 452(4)(a) to (e)" to the end there shall be substituted 
the words "and section 1 82(5)(a) to (e) of the Criminal Procedure (Scotland) Act 
1995 shall apply to an appeal under this subsection as it applies to a stated case 
under Part X of that Act". 
The Criminal Justice Act 1988 (c. 33) 
69.—(1) The Criminal Justice Act 1988 shall be amended as follows. 
(2) In section 74(2)(c) (meaning of realisable property) 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". 
(3) In subsection (10) of section 77 (restraint orders) for the words "Part II of 
the Criminal Justice (Scotland) Act 1995" there shall be substituted the words 
"the Proceeds of Crime (Scotland) Act 1995". 
(4) In section 89(2)(b) (compensation), for sub-paragraph (ii) there shall be 
substituted the following sub-paragraph— 
"(ii) an order of the Court of Session under section 32, 33, 
34 or 35 of the Proceeds of Crime (Scotland) Act 1995." 
48 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
The Copyright, Designs and Patents Act 1988 (c. 48) 
70.—.-(1) The Copyright, Designs and Patents Act 1988 shall be amended as 
follows. 
(2) In section 108(6) (order for delivery up in criminal proceedings) 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". 
(3) In section 199(6) (order for delivery up in criminal proceedings) for the 
words "Chapter II of Part II of the Criminal Justiàe (Scotland) Act 1995" there 
shall be substituted the words "Part II of the Proceeds of Crime (Scotland) Act 
1995". 
Road Traffic Offenders Act 1988 (c. 53) 
71.—(l) The Road Traffic Offenders Act 1988 shall be amended as follows. 
(2) In subsection (5) of section 6 (time limit for commencement of summary 
proceedings), 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 (6) of section 24 (alternative verdicts) for the words "sections 
61, 63, 64, 312 and 457A of the Criminal Procedure (Scotland) Act 1975" there 
shall be substituted the words "sections 295, 138(4), 256 and 293 of and Schedule 
3 to the Criminal Procedure (Scotland) Act 1995". 
(4) In subsection (2) of section 31 (taking account of endorsation) for the 
words "section 357(1) of the Criminal Procedure (Scotland) Act 1975" there shall 
be substituted the words "section 166(1) to (6) of the Criminal Procedure 
(Scotland) Act 1995". 
(5) In subsection (6) of section 32 (extracts of licensing records) for the words 
"section 357(1) of the Criminal Procedure (Scotland) Act 1975" there shall be 
substituted the words "section 166(1) to (6) of the Criminal Procedure (Scotland) 
Act 1995". 
(6) After section 33 of the Road Traffic Offenders Act 1988 (fine and 
imprisonment), there shall be inserted the following section— 
"Forfeiture of 33A.—(1) Where a person commits an offence to which this 
vehicles: subsection applies by— 
Scotland. (a) driving, attempting to drive, or being in charge of a 
vehicle; or 
(b) failing to comply with a requirement made under 
section 7 of the Road Traffic Act 1988 (failure to 
provide specimen for analysis or laboratory test) in 
the course of an investigation into whether the 
offender had committed an offence while driving, 
attempting to drive or being in charge of a vehicle, or 
(c) failing, as the driver of a vehicle, to comply with 
subsections (2) and (3) of section 170 of the Road 
Traffic Act 1988 (duty to stop and give information or 
report accident), 
the court may, on an application under this subsection, make 
an order forfeiting the vehicle concerned; and any vehicle 
forfeited under this subsection shall be disposed of as the court 
may direct. 
(2) Subsection (1) above applies— 
(a) to an offence under the Road Traffic Act 1988 which is 
punishable with imprisonment; and 
Criminal Procedure (Consequential c. 40 49 
Provisions) (Scotland) Act 1995 
SCM. 4 
(b) to an offence of culpable homicide. 
(3) An application under subsection (1) above shall be at the 
instance of the prosecutor made when he moves for sentence 
(or, if the person has been remitted for sentence under section 
195 of the Criminal Procedure (Scotland) Act 1995) made 
before sentence is pronounced. 
(4) Where— 
(a) the court is satisfied, on an application under this 
subsection by the prosecutor— 
(i) that proceedings have been, or are likely to 
be, instituted against a person in Scotland for an 
offence to which subsection (1) above applies 
allegedly committed in the manner specified in 
paragraph (a), (b) or (c) of that subsection; and 
(ii) that there is reasonable cause to believe that 
a vehicle specified in the application is to be found 
in a place or in premises so specified; and 
(b) it appears to the court that there are reasonable 
grounds for thinking that in the event of the person 
being convicted of the offence an order under 
subsection (1) above might be made in relation to 
the vehicle, 
the court may grant a warrant authorising a person named 
therein to enter and search the place or premises and seize the 
vehicle. 
(5) Where the court has made an order under subsection (1) 
above for the forfeiture of a vehicle, the court or any justice 
may, if satisfied on evidence on oath— 
(a) that there is reasonable cause to believe that the vehicle 
is to be found in any place or premises; and 
(b) that admission to the place or premises has been 
refused or that a refusal of such admission is 
apprehended, 
issue a warrant of search which may be executed according to 
law. 
(6) In relation to summary proceedings, the reference in 
subsection (5) above to a justice includes a reference to the 
sheriff and to a magistrate. 
(7) Part II of the Proceeds of Crime (Scotland) Act 1995 
shall not apply in respect of a vehicle in relation to which this 
section applies. 
(8) This section extends to Scotland only." 
(7) In subsection (3) of section 46 (combination of disqualification and 
endorsement with probation etc)— 
(a) in paragraph (b) for the words from "section 182" to the end there shall 
be substituted the words "section 228 (probation) or 246(2) or (3) 
(absolute discharge) of the Criminal Procedure (Scotland) Act 1995"; 
and 
(b) for the words from "section 191" to the end of the subsection there shall 
be substituted the words "section 247 of that Act shall not apply". 
(8) In section 60— 
50 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
(a) in subsection (4) for the words "section 315 of the Criminal Procedure 
(Scotland) Act 1975" there shall be substituted the words "section 140 
of the Criminal Procedure (Scotland) Act 1995"; 
(b) in subsection (5) for the words "Part II" there shall be substituted the 
words "Part IX"; and 
(c) in subsection (6)— 
(i) in paragraph (b) for the words "section 312" where they first 
occur there shall be substituted the words "section 140(4)"; 
(ii) in that paragraph for the words "paragraphs (a) to (z) of 
section 312 of" there shall be substituted the words "section 255 of 
and Schedule 3 to"; and 
(iii) paragraph (c) shall cease to have effect. 
(9) In subsection (7) of section 64 (commencement of proceedings against 
owner of vehicle) 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". 
(10) In subsection (1) of section 89 (interpretation), in the definition of "court 
of summary jurisdiction" 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". 
Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) 
72.—(1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall 
be amended as follows. 
(2) In section 15 (supplementary provisions relating to arrest and 
detention)— 
(a) in subsection (7) for paragraph (a) there shall be substituted the 
following paragraph— 
"(a) section 135(3) of the Criminal Procedure (Scotland) Act 
1995;"; and 
(b) in subsection (8) for the words "Section 295(1) of the Criminal 
Procedure (Scotland) Act 1975" there shall be substituted the words 
"Section 22(1) and (3) of the Criminal Procedure (Scotland) Act 1995". 
(3) In Schedule 4— 
(a) in paragraph 16— 
(i) in sub-paragraph (1), paragraph (b) shall cease to have effect; 
(ii) in sub-paragraph (2)(b), the words "where granted under sub- 
paragraph (l)(a) above," shall cease to have effect; and 
(iii) in sub-paragraphs (5) and (6), the words "or arrestment", in 
each place where they occur, shall cease to have effect; and 
(b) after paragraph 16 there shall be inserted the following paragraph— 
"16A.—(1) On the application of the prosecutor, the court may, in 
respect of moveable property affected by a restraint order (whether such 
property generally or particular such property), grant warrant for 
arrestment if the property would be arrestable if the person entitled to it 
were a debtor. 
(2) A warrant under sub-paragraph (I) above shall have effect as if 
granted on the dependence of an action for debt at the instance of the 
prosecutor against the person and may be executed, recalled, loosed or 
restricted accordingly. 
Criminal Procedure (Consequential c. 40 51 
Provisions) (Scotland) Act 1995 
SCH. 4 
(3) The fact that an arrestment has been executed under sub-paragraph 
(2) above in respect of property shall not prejudice the exercise of an 
administrator's powers under or for the purposes of this Part of this 
Schedule in respect of that property. 
(4) No arrestment executed under sub-paragraph (2) above shall have 
effect once, or in so far as, the restraint order affecting the property in 
respect of which the warrant for such arrestment has been granted has 
ceased to have effect in respect of that property; and the prosecutor shall 
apply to the court for an order recalling, or as the case may be, restricting 
the arrestment accordingly." 
(c) in paragraph 19 (enforcement in Scotland of orders made elsewhere in 
the British Isles)— 
(i) in sub-paragraph (5), for the words "and 16" there shall be 
substituted ", 16 and (subject to sub-paragraph (5A) below) 16A"; 
and 
(ii) after sub-paragraph (5) there shall be inserted the following 
sub-paragraph— 
"(5A) In its application by virtue of sub-paragraph (5) above paragraph 
I 6A above shall have effect with the following modification s— 
(a) for the references to the prosecutor there shall be substituted 
references to the Lord Advocate; and 
(b) for the references to the court there shall be substituted references 
to the Court of Session." 
Extradition Act 1989 (c. 33) 
73. In subsection (13) of section 10 of the Extradition Act 1989 (bail in 
connection with appeal)— 
(a) for the words "section 446(2) of the Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "section 177(2) and (3) of the 
Criminal Procedure (Scotland) Act 1995"; and 
(b) for the words "section 444" there shall be substituted the words 
"section 176". 
Companies Act 1989 (c. 40) 
74.—(l) The Companies Act 1989 shall be amended as follows. 
(2) In subsection (4) of section 44 (jurisdiction and procedure for offences) 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". 
(3) In subsection (4) of section 91 (jurisdiction and procedure for offences) 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". 
Prisons (Scotland) Act 1989 (c. 45) 
75.—(l) The Prisons (Scotland) Act 1989 shall be amended as follows. 
(2) In subsection (1) of section 11 (removal of prisoners for judicial and other 
purposes), for the words "section 279 of the 1975 Act" there shall be substituted 
the words "section 132 of the 1995 Act". 
(3) In subsection (3) of section 21 (transfer to prison of young offenders) for 
the words "the 1975 Act" where they first occur there shall be substituted the 
words "the 1995 Act". 
(4) In section 39 (prison rules)— 
52 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
(a) in subsection (5), for the words "section 279 of the 1975 Act" there shall 
be substituted the words "section 132 of the 1995 Act"; and 
(b) in subsection (7), for the words "section 206 of the 1975 Act" there shall 
be substituted the words "section 208 of the 1995 Act". 
(5) For subsection (3) of section 40 (persons unlawfully at large) there shall be 
substituted the following subsection— 
"(3) In this section— 
(a) any reference to a person sentenced to imprisonment shall be 
construed as including a reference to any person sentenced or 
ordered to be detained under section 44, 205 or 208 of the 1995 
Act; 
(b) any reference to a prison shall be construed as including a 
reference to a place where the person is liable to be detained under 
the sentence or order; and 
(c) any reference to a sentence shall be construed as including a 
reference to an order under the said section 44." 
(6) After section 40 there shall be added the following section— 
"Warrants for 40A.—(l) On an application being made to a justice alleging 
arrest of escaped that any person is an offender unlawfully at large from a prison 
prisoners, or other institution to which this Act or, as the case may be, the 
Prison Act 1952 or the Prison Act (Northern Ireland) 1953 
applies in which he is required to be detained after being 
convicted of an offence, 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 an offender unlawfully at large as mentioned 
in subsection (1) above, order him to be returned to the prison 
or other institution where he is required or liable to be 
detained." 
(7) In subsection (1) of section 43 (interpretation) for the definition of "the 
1975 Act" there shall be substituted the following— 
"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995;". 
The Criminal Justice (International Co-operation) Act 1990 (c. 5) 
76.—(l) The Criminal Justice (International Co-operation) Act 1990 shall be 
amended as follows. 
(2) In subsection (6) of section 9 (enforcement of overseas forfeiture orders) 
for the words from "an offence", in the second place where they occur, to the end 
there shall be substituted the words "an offence to which Part VI of the Criminal 
Justice Act 1988 applies or an offence to which Part I of the Proceeds of Crime 
(Scotland) Act 1995 applies or an offence in respect of which a suspended 
forfeiture order may be made under section 18 of the said Act of 1995". 
(3) In paragraph 2 of Schedule 1, for the words "section 320 of the Criminal 
Procedure (Scotland) Act 1975" there shall be substituted the words "section 156 
of the Criminal Procedure (Scotland) Act 1995". 
Computer Misuse Act 1990 (c. 18) 
77. In subsection (7) of section 13 of the Computer Misuse Act 1990, 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". 
Criminal Procedure (Consequential c. 40 53 
Provisions) (Scotland) Act 1995 
SCH. 4 Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) 
78. In subsection (4) of section 20 of the Law Reform (Miscellaneous 
Provisions) (Scotland) Act 1990 (destination of fine imposed for professional 
misconduct) for the words "section 203 of the Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "section 211(5) of the Criminal 
Procedure (Scotland) Act 1995". 
The Northern Ireland (Emergency Provisions) Act 1991 (c. 24) 
79. In section 50(2) of the Northern Ireland (Emergency Provisions) Act 1991 
(realisable property, value and gifts), for paragraph (e) there shall be substituted 
the following paragraph— 
"(e) Part II of the Proceeds of Crime (Scotland) Act 1995". 
Criminal Justice Act 1991 (c. 53) 
80.—(1) The Criminal Justice Act 1991 shall be amended as follows. 
(2) In subsection (3) of section 24 (deduction of fines from income support)— 
(a) in paragraph (a) for the words "section 196(2) of the Criminal 
Procedure (Scotland) Act there shall be substituted the words 
"section 211(4) of the Criminal Procedure (Scotland) Act 1995"; 
(b) in paragraph (b) for the words "section 66 of the Criminal Justice 
(Scotland) Act 1980" there shall be substituted the words "section 252 
of the Criminal Procedure (Scotland) Act 1995"; and 
(c) in paragraph (c) for the words "section 403(l)(a) or (b) of the Criminal 
Procedure (Scotland) Act 1975" there shall be substituted the words 
"section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 
1995". 
(3) In paragraph 6(5)(a)(i) of Schedule 3 (reciprocal enforcement of 
community service orders) for the words "evidence on oath" there shall be 
substituted the word "information". 
Dangerous Dogs Act 1991 (c. 65) 
81. In subsection (9) of section 4 of the Dangerous Dogs Act 1991 (destruction 
and disqualification orders)— 
(a) for the words "section 411 of the Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "section 221 of the Criminal 
Procedure (Scotland) Act 1995"; and 
(b) for the words "Part II" there shall be substituted the words "Part XI". 
Social Security Administration Act 1992 (c. 5) 
82. In subsection (7) of section 116 of the Social Security Administration 
Act 1992— 
(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 of the said Act of 1975" there shall be 
substituted the words "section 136 of the said Act of 1995". 
Timeshare Act 1992 (c. 35) 
83. In subsection (3) of section 11 of the Timeshare Act 1992 (prosecution time 
limit), 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". 
54 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
Friendly Societies Act 1992 (c. 40) 
84. In subsection (5) of section 107 of the Friendly Societies Act 1992 
(prosecution time limit), 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". 
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) 
85. In subsection (6) of section 45A of the Trade Union and Labour Relations 
(Consolidation) Act 1992 (prosecution time limit),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". 
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) 
86.—(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be 
amended as follows. 
(2) Subject to any specific amendment under this paragraph, for the words 
"1975 Act" where they occur there shall be substituted the words "1995 Act". 
(3) In subsection (1) of section 5 (fine defaulters) for paragraph (a) there shall 
be substituted the following paragraph— 
"(a) under section 219 of the 1995 Act (imprisonment for non- 
payment of fine) or, by virtue of that section, under section 207 
of that Act (detention of young offenders);". 
(4) Section 6 (application of Part to young offenders etc) shall be amended as 
follows— 
(a) in paragraph (a) for the words "section 207(2) or 4 15(2)" there shall be 
substituted the words "section 207(2)"; 
(b) for the words "section 205" there shall be substituted the words "section 
205(1) to (3)"; 
(c) for the words "section 206" where they occur there shall be substituted 
the words "section 208; and 
(d) for the words "section 207(2)" there shall be substituted the words 
"section 207(2)". 
(5) In section 7 (children detained in solemn proceedings) for the words 
"section 206" where they occur there shall be substituted the words "section 208. 
(6) In section 11 (duration of licence)— 
(a) in subsection (3), for the words "section 21 2A" there shall be substituted 
the words "section 209"; and 
(b) in paragraph (b) of that subsection, for the words from "the" in the 
second place where it occurs to the end there shall be substituted— 
"there has elapsed— 
(i) a period (reckoned from the date on which he was 
ordered to be returned to prison under or by virtue of 
subsection (2)(a) of that section) equal in length to the period 
between the date on which the new offence was committed and 
the date on which he would (but for his release) have served the 
original sentence in full; or 
(ii) subject to subsection (4) below, a total period equal in 
length to the period for which he was so ordered to be returned 
to prison together with, so far as not concurrent with that 
period, any term of imprisonment to which he was sentenced 
in respect of the new offence, 
whichever results in the later date. 
Criminal Procedure (Consequential c. 40 55 
Provisions) (Scotland) Act 1995 
SCH. 4 
(4) In subsection (3)(b) above, "the original sentence" and "the new 
offence" have the same meanings as in section 16 of this Act." 
(7) Section 14 (supervised release of short term prisoners) shall be amended as 
follows— 
(a) in subsection (2)— 
(i) for the words "section 212A(1)" there shall be substituted the 
words "section 209(1)"; and 
(ii) for the words "section 212A(2) to (6)" there shall be 
substituted the words "section 209(3) to (7)"; - 
(b) in subsection (3) for the words "section 212A(2)" there shall be 
substituted the words "section 209(3)"; and 
(c) in subsection (5) for the words "section 212A(5)(b)" there shall be 
substituted the words "section 209(6)(b)". 
(8) In subsection (4) of section 15 (variation of supervised release order) for 
the words "section 212A(2)(b)" there shall be substituted the words "section 
209(3)(b)". 
(9) In section 16 (commission of offence by released prisoner)— 
(a) in subsection (6), for the words "section 254(3) or 453C(l)" there shall 
be substituted the words "section 118(4) or 189(1) and (2)"; and 
(b) for subsection (7) there shall be substituted the following subsection— 
"(7) Where an order under subsection (2) or (4) above is made in respect 
of a person released on licence— 
(a) the making of the order shall have the effect of revoking the 
licence; and 
(b) if the sentence comprising— 
(i) the period for which the person is ordered to be returned 
to prison; and 
(ii) so far as not concurrent with that period, any term of 
imprisonment to which he is sentenced in respect of the new 
offence, 
is six months or more but less than four years, section 1(1) of this 
Act shall apply in respect of that sentence as if for the word 
"unconditionally" there were substituted the words "on 
licence"." 
(10) In subsection (1) of section 27 (interpretation of Part I), for the words 
"section 212A" where they occur there shall be substituted the words "section 
209". 
(11) In section 46 (interpretation) the definition of "the 1975 Act" shall cease 
to have effect and at the end there shall be inserted the following definition— 
"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995". 
Agriculture Act 1993 (c. 37) 
87. In subsection (5) of section 52 of the Agriculture Act 1993 (prosecution 
time limit) 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". 
Railways Act 1993 (c. 43) 
88. In subsection (5) of section 148 of the Railways Act 1993 (prosecution time 
limit) 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". 
56 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
Finance Act 1994 (c. 9) 
89.—(1) The Finance Act 1994 shall be amended as follows. 
(2) In subsection (2) of section 22 (records and rules of evidence), in paragraph 
(d) for the words "Schedule 3 to the Prisoners and Criminal Proceedings 
(Scotland) Act 1993" there shall be substituted the words "Schedule 8 to the 
Criminal Procedure (Scotland) Act 1995". 
(3) In subsection (3) of section 25 (order for production of documents), for the 
words "section 462 of the Criminal Procedure (Scotland) Act 1975" there shall 
be substituted the words "section 308 of the Criminal Procedure (Scotland) 
Act 1995". 
(4) In Schedule 7 (insurance premium tax)— 
(a) in paragraph 1(6)(d), for the words "Schedule 3 to the Prisoners and 
Criminal Proceedings (Scotland) Act 1993" there shall be substituted 
the words "Schedule 8 to the Criminal Procedure (Scotland) Act 
1995"; and 
(b) in paragraph 4(2), for the words "section 462 of the Criminal Procedure 
(Scotland) Act 1975" there shall be substituted the words "section 308 
of the Criminal Procedure (Scotland) Act 1995". 
Vehicle Excise and Registration Act 1994 (c. 22) 
90.—(l) The Vehicle Excise and Registration Act 1994 shall be amended as 
follows. 
(2) In subsection (I) of section 32 (effect of certain orders) for paragraph (b) 
there shall be substituted the following paragraph— 
"(b) or an order under section 228 of the Criminal Procedure 
(Scotland) Act 1995 placing him on probation or under 246(3) of 
that Act discharging him absolutely, or". 
(3) In subsection (1) of section 41 (effect of certain orders) for paragraph (b) 
there shall be substituted the following paragraph— 
"(b) or an order under section 228 of the Criminal Procedure 
(Scotland) Act 1995 placing him on probation or under 246(2) or 
(3) of that Act discharging him absolutely, or". 
(4) In subsection (4) of section 48 (time limit for proceedings) 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". 
Value Added Tax Act 1994 (c. 23) 
91. In Schedule 11 of the Value Added Tax Act 1994— 
(a) in paragraph 10(3) (power of entry and search) for the words "section 
462 of the Criminal Procedure (Scotland) Act 1975" there shall be 
substituted the words "section 308 of the Criminal Procedure 
(Scotland) Act 1995"; and 
(b) in paragraph 11(1) (access to certain information) for the words 
"section 462 of the Criminal Procedure (Scotland) Act 1975" there shall 
be substituted the words "section 308 of the Criminal Procedure 
(Scotland) Act 1995". 
Criminal Procedure (Consequential c. 40 57 
Provisions) (Scotland) Act 1995 
SCH. 4 
Trade Marks Act 1994 (c. 26) 
92.—(1) The Trade Marks Act 1994 shall be amended as follows. 
(2) In subsection (1) of section 96 (prosecution time limit) 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 section 98 (forfeiture)— 
(a) in subsection (2) for the words "section 310 of the Criminal Procedure 
(Scotland) Act 1975" there shall be substituted the words "section 134 
of the Criminal Procedure (Scotland) Act 1995"; 
(b) in subsection (6) for the words "Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "Criminal Procedure 
(Scotland) Act 1995"; 
(c) in subsection (9) for the words "section 452(4)(a) to (e) of the Criminal 
Procedure (Scotland) Act 1975" there shall be substituted the words 
"section 1 82(5)(a) to (e) of the Criminal Procedure (Scotland) Act 
1995"; and 
(d) in subsection (11) for the words "Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "Criminal Procedure 
(Scotland) Act 1995". 
Criminal Justice and Public Order Act 1994 (c. 33) 
93.—(1) The Criminal Justice and Public Order Act 1994 shall be amended 
as follows. 
(2) In subsection (5) of section 25 (restriction on bail) in the definition of "the 
relevant enactments", for paragraph (b) there shall be substituted the following 
paragraph— 
"(b) as respects Scotland, sections 205(1) to (3) and 208 of the 
Criminal Procedure (Scotland) Act 1995;". 
(3) In section 102 (provision of prisoner escorts)— 
(a) in paragraph (b) of subsection (3), for the words "Criminal Procedure 
(Scotland) Act 1975" there shall be substituted the words "Criminal 
Procedure (Scotland) Act 1995"; and 
(b) in subsection (6)— 
(i) in the definition of "hospital order", for the words "section 
174, 174A, 175, 375A or 376 of the Act of 1975" there shall be 
substituted the words "section 53, 54 or 58 of the Act of 1995"; and 
(ii) in the definition of "warrant", for the words "Act of 1975" 
there shall be substituted the words "Act of 1995". 
(4) In subsection (4) of section 104 (powers and duties of prison custody 
officers), for the words "section 395(2) of the Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "section 212 of the Criminal Procedure 
(Scotland) Act 1995". 
(5) In subsection (I) of section 117 (interpretation of Chapter), in the 
definition of "prisoner" for the words "section 215 or 426 of the Criminal 
Procedure (Scotland) Act 1975" there shall be substituted the words "section 295 
of the Criminal Procedure (Scotland) Act 1995". 
(6) In section 138 (which supplements section 137 relating to cross-border 
powers of arrest)— 
(a) in subsection (2), for the words from "subsections (2) to (7)" to "1993" 
there shall be substituted the words "subsections (2) to (8) of section 14 
(detention and questioning at police station), subsections (1), (2) and 
58 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
(4) to (6) of section 15 (rights of person arrested or detained) and 
section 18 (prints, samples etc. in criminal investigations) of the 
Criminal Procedure (Scotland) Act 1995"; 
(b) in subsection (6)— 
(i) for the words "sections 2 and 3 of the Criminal Justice 
(Scotland) Act 1980" there shall be substituted the words "sections 
14 and 15 of the said Act of 1995"; 
(ii) in paragraph (a), for the words "in section 2" there shall be 
substituted the words "in section 14" and for the words "in 
subsections (4) and (7)" there shall be substituted the words "in 
subsections (6) and (9)"; and 
(iii) in paragraph (b), for the words "in section 3(1)" there shall be 
substituted the words "in subsections (1) and (2) of section 15". 
The Drug Trafficking Act 1994 (c. 37) 
94.—(1) The Drug Trafficking Act 1994 shall be amended as follows. 
(2) In subsection (7) of section 4 (assessing the proceeds of drug trafficking), 
for paragraphs (b) and (c) there shall be substituted the following— 
"(b) the Proceeds of Crime (Scotland) Act 1995;". 
(3) In subsection (3) of section 6 (meaning of realisable property) for 
paragraph (e) there shall be substituted the following— 
"(e) Part II of the Proceeds of Crime (Scotland) Act 1995 (forfeiture 
of property used in crime);" 
(4) In subsection (2) of section 18 (compensation) for sub-paragraph (ii) of 
paragraph (b) there shall be substituted the following— 
"(ii) an order of the Court of Session under section 32, 33, 
34 or 35 of the Proceeds of Crime (Scotland) Act 1995 
(recognition and enforcement of orders under this Act and 
inhibition and arrestment of property affected by restraint 
orders);". 
(5) In subsection (10) of section 26 (restraint orders) for the words from "Part 
I" to the end of the subsection there shall be substituted the words "the Proceeds 
of Crime (Scotland) Act 1995, and in relation to such an order "realisable 
property" has the same meaning as in that Act". 
(6) In section 37 (recognition and enforcement of certain Scottish orders and 
functions)— 
(a) in subsection (1)— 
(i) after the words "expedient for the purpose" there shall be 
inserted the words "in connection with a drug trafficking offence 
within the meaning of the Proceeds of Crime (Scotland) Act 1995"; 
(ii) in paragraph (a) for the words "Part I of the Criminal Justice 
(Scotland) Act 1987" there shall be substituted the words "that Act"; 
(iii) in each of paragraphs (a) and (b) where they occur, the words 
"that Part or' shall cease to have effect; 
(b) in subsection (2)— 
(i) in paragraph (a), in sub-paragraph (i) for the words "section 13 
of the Criminal Justice (Scotland) Act 1987" there shall be 
substituted the words "Schedule 1 to the Proceeds of Crime 
(Scotland) Act 1995" and in sub-paragraph (ii) the words "Part I of" 
shall cease to have effect; 
(ii) in each of paragraphs (b) and (c) where they occur, the words 
"that Part of" shall cease to have effect. 
Criminal Procedure (Consequential c. 40 59 
Provisions) (Scotland) Act 1995 
SCH. 4 
(7) In subsection (2) of section 48 (interpretation of Part II), in paragraph (a) 
for the words "Part I of the Criminal Justice (Scotland) Act 1987" there shall be substituted the words "the Proceeds of Crime (Scotland) Act 1995". 
Local Government etc. (Scotland) Act 1994 (c. 39) 
95.—(1) The Local Government etc. (Scotland) Act 1994 shall be amended 
as follows. 
(2) In subsection (I) of section 127 (the Principal Reporter), for the words 
"Criminal Procedure (Scotland) Act 1975" there shall be substituted-the words 
"Criminal Procedure (Scotland) Act 1995". 
(3) In each of subsections (3) and (8) of section 128 (Scottish Children's 
Reporter Administration), for the words "Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "Criminal Procedure (Scotland) Act 
1995". 
(4) In subsection (1) of section 130 (annual report of Principal Reporter), for 
the words "Criminal Procedure (Scotland) Act 1975" there shall be substituted the words "Criminal Procedure (Scotland) Act 1995". 
Deregulation and Contracting Out Act 1994 (c. 40) 
96. In subsection (2) of section 2 of the Deregulation and Contracting Out Act 
1994, for paragraph (b) there shall be substituted the following paragraph— 
"(b) section 292(6) and (7) of the Criminal Procedure (Scotland) 
Act 1995,". 
Children (Scotland) Act 1995 (c. 36) 
97.—(1) The Children (Scotland) Act 1995 shall be amended as follows. 
(2) In subsection (2) of section 45 (attendance of child etc. at hearing), in 
paragraph (a) for the words "Schedule 1 of the Criminal Procedure (Scotland) 
Act 1975" there shall be substituted the words "Schedule 1 of the Criminal 
Procedure (Scotland) Act 1995". 
(3) In section 50 (treatment of child's case on remission by court)— 
(a) in subsection (1), for the words "section 173, 372 or 373 of the Criminal 
Procedure (Scotland) Act 1975" there shall be substituted "section 49 
of the Criminal Procedure (Scotland) Act 1995"; and 
(b) in subsection (2), for the words "the said section 373" there shall be 
substituted "subsection (7) of the said section 49. 
(4) In subsection (2) of section 52 (children requiring compulsory 
supervision)— 
(a) in paragraph (d) for the words "Schedule 1 of the Criminal Procedure 
(Scotland) Act 1975" there shall be substituted the words "Schedule I 
of the Criminal Procedure (Scotland) Act 1995"; and 
(b) in paragraph (g), for the words "sections 2A to 2C of the Sexual 
Offences (Scotland) Act 1976" there shall be substituted "sections 1 to 
3 of the Criminal Law (Consolidation)(Scotland) Act 1995. 
(5) In subsection (7) of section 53 (information for Principal Reporter) 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". 
(6) In section 63(1) (duty of Principal Reporter where informed by constable 
of detention of a child) for the words "section 296(3) of the Criminal Procedure 
(Scotland) Act 1975" there shall be substituted "section 43(5) of the Criminal 
Procedure (Scotland) Act 1995". 
60 c. 40 Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
SCH. 4 
(7) In section 78 (powers of arrest)— 
(a) in subsection (8), for the words "Criminal Procedure (Scotland) Act 
1975" there shall be substituted the words "Criminal Procedure 
(Scotland) Act 1995"; 
(b) in subsection (11), for the words "section 10 of the Bail etc, (Scotland) 
Act 1980" there shall be substituted the words "section 8 of the said Act 
of 1995"; and 
(c) in subsection (12), for the words "Subsections (I) and (3) of section 3 of 
the Criminal Justice (Scotland) Act 1980" there shall be substituted the 
words "Subsections (1), (2) and (4) of section 15 of the said Act of 
1995". 
Pensions Act 1995 (c. 26) 
98. In subsection (5) of section 100 of the Pensions Act 1995 (warrants) for the 
words "Criminal Procedure (Scotland) Act 1975" there shall be substituted the 
words "Criminal Procedure (Scotland) Act 1995". 
Note 
99. The amendments made by this Schedule to— 
1968 c. 77. (a) the Sea Fisheries Act 1968; 
1976 c. 14. (b) the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976; 
and 
1981 c. 49. (c) section 15(2) of the Contempt of Court Act 1981, 
are in substitution for amendments made to those enactments by section 56 of 
1988 c.33. and Schedule 7 to the Criminal Justice Act 1988 which are repealed by this Act. 
Section 6. SCHEDULE 5 
REPEALS 
Chapter Short title Extent of repeal 
11 Geo. 4 & 1 The Court of Session Act Section 18 
Wm.4c.69 1830 
SO & 51 Vict. c. The Criminal Procedure The whole Act 
35 (Scotland) Act 1887 
4 & 5 Geo. 5 c. 58 The Criminal Justice Section 28(3) 
Administration Act 1914 
12, 13 & 14 Geo. The Criminal Justice The whole Act 
6, c. 94 (Scotland) Act 1949 
1&2Eliz.2,c. 14 The Prevention of Crime Section 1 
Act 1953 
2 & 3 Eliz. 2, c. 48 The Summary Jurisdiction The whole Act 
(Scotland) Act 1954 
1968 c. 49 The Social Work (Scotland) Section 31(1) 
Act 1968 
1975 c. 20 The District Courts Sections 2 to 4 
(Scotland) Act 1975 Section 6 
In Schedule 1, paragraph 27 
1975 c. 21 The Criminal Procedure The whole Act 
(Scotland) Act 1975 
The National Health Service 
(Scotland) Act 1978 
The Community Service by 
Offenders (Scotland) Act 
1978 
The Criminal Evidence Act 
1979 
The Bail (Scotland) Act 1980 
The Criminal Justice 
(Scotland) Act 1980 
The Forgery and 
Counterfeiting Act 1981 
The Criminal Justice Act 
1982 
The Transport Act 1982 
The Video Recordings Act 
1984 
The Bankruptcy (Scotland) 
Act 1985 
The Law Reform 
(Miscellaneous 
Provisions) (Scotland) 
Act 1985 In Schedule 6, the entries 
relating to the Criminal 
Procedure (Scotland) Act 
1975 
In Schedule 7, paragraph 2 
Schedule 11 
In Schedule 16, jaragraph 
41 
Sections 1 to 8 
Sections 10 to 13 
Section 15 
In Schedule 2, paragraphs 2 
and 3 
In section 1(1) the words 
"sections 141 and 346 of 
the Criminal Procedure 
(Scotland) Act 1975" 
The whole Act 
Sections 1 to 3 
Sections 4 to 7 
Sections 9 to 43 
Section 45(1) 
Sections 46 to 50 
Sections 52 to 54 
Sections 58 to 67 
Part V 
Sections 78 and 80 
Schedules I to 4 
In Schedule 7, paragraphs 25 
to 78 
Section 26 
Part IV 
Schedules 6 and 7 
In Section 40, paragraph (c) 
of subsection (5) 
Section 20 
In section 5(4) the words "by 
section 1(1) of the 
Criminal Justice 
(Scotland) Act 1987" 
In section 7(1) the words "by 
section 1(1) of the 
Criminal Justice 
(Scotland) Act 1987" 
Section 21 
Sections 36 and 37 
Section 40 
Section 43 
Section 45 
In Schedule 2, paragraphs 16 
to 20 and paragraph 23 
In Schedule 3, paragraphs 1, Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
Chapter Short title Extent of repeal c. 40 
The Criminal Law Act 1977 61 
SCH. 5 
1977 c. 45 
1978 c. 29 
1978 c. 49 
1979c. 16 
1980 c. 4 
1980 c. 62 
1981 c. 45 
1982 c. 48 
1982 c. 49 
1984 c.39 
1985 c. 66 
1985 c. 73 
Criminal Procedure (Consequential 
Provisions) (Scotland) Act 1995 
The Criminal Justice 
(Scotland) Act 1987 
The Road Traffic Offenders 
Act 1988 
The Road Traffic 
(Consequential 
Provisions) Act 1988 
The Criminal 
(International 
operation) Act 1990 
The Law Reform 
(Miscellaneous 
Provisions) (Scotland) 
Act 1990 
The Criminal Justice Act 
1991 
The Armed Forces Act 1991 
The Prisoners and Criminal 
Proceedings (Scotland) 
Act 1993 
The Carrying of Knives Etc. 
(Scotland) Act 1993 
The Criminal Justice Act 
1993 
The Criminal Justice and 
Public Order Act 1994 
The Drug Trafficking Act 
1994 
The Criminal Justice 
(Scotland) Act 1995 
The Children (Scotland) 
Act 1995. Part I 
Sections 56 to 68 
In Schedule 1, paragraphs 4 
to 18 
In section 60, paragraph (c) 
of subsection (6) 
In Schedule 3, paragraph 34 
Section 15 
In Schedule 4, paragraph 5 
Sections 56 and 57 
Section 62 
Schedule 6 
In Schedule 3, paragraph 8 
In Schedule 2, paragraph 
9(2) 
Section 8 
Section 14(1) 
Sections 28 to 35 
Sections 37 to 43 
In section 46, the definition 
of "the 1975 Act" 
Schedules 3 and 4 
In Schedule 5, paragraph I 
The Whole Act 
Sections 68 and 69 
In Schedule 5, paragraph 2 
Section 47(4) 
In section 129, subsections 
(1)to(3) 
Section 132 
In section 157, subsection (7) 
In section 37, the words 
"that Part of' where they 
occur and in paragraph 
(a)(ii) of subsection (2) the 
words "Part I of'. 
The whole Act 
Section 49. 
In Schedule 4, paragraphs 
24, 27 and 29. 62 c.40 
SCH. 5 
Chapter Short title Extent of repeal 
3 and 4 
Justice 
Co- 1987 c.41 
1988 c. 53 
1988 c. 54 
1990c. 5 
1990 c.40 
1991 c. 53 
1991 c. 62 
1993 c. 9 
1993c. 13 
1993 c. 36 
l994c. 33 
1994c. 37 
1995 c. 20 
1995 c. 36 
Criminal Procedure (Consequential c. 40 63 
Provisions) (Scotland) Act 1995 
SCHEDULE 6 Section 6(2). 
PROVISIONS REPEALED WITH SAVINGS 
In section 43, the words from "and it shall not be necessary" to the end. 
Section 45. 
Section 46. 
Section 47. 
Section 52. 
Section 53. 
In section 54 the words from "and it shall not be necessary to specify" to the 
end. 
In section 55, the words "it shall not be necessary to set forth the document or 
any part of it in such indictment". 
Section 56. 
Section 57. 
In section 109, the words from the beginning to "except that". 
In section 111, the words "it shall not be necessary that a new warrant should 
be granted for the incarceration of the accused, but". 
Section 124 (except the proviso). 
Section 222. 
© Crown copyright 1995 
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