Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Labour Market Enforcement Orders) 2019

Document Number:2019 No. 139
Coming into force:Coming into force on the 18/05/2019
 
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Scottish Statutory Instruments

Sheriff Appeal Court

Sheriff Court

Made

17 th April 2019

Laid before the Scottish Parliament

18 th April 2019

Coming into force

18 th May 2019

The High Court of Justiciary makes this Act of Adjournal under the powers conferred by section 305 of the Criminal Procedure (Scotland) Act 1995(1) and all other powers enabling it to do so.

Citation and commencement, etc.

  1. —(1) This Act of Sederunt may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Labour Market Enforcement Orders) 2019.

    (2) It comes into force on 18 th May 2019.

    (3) A certified copy is to be inserted in the Books of Adjournal.

    Amendment of the Criminal Procedure Rules 1996

  2. —(1) The Criminal Procedure Rules 1996(2) are amended in accordance with this paragraph.

    (2) After Chapter 68 (Approval of Sentencing Guidelines)(3) insert—

    “CHAPTER 69 LABOUR MARKET ENFORCEMENT ORDERS

    Interpretation of this Chapter

    69.1. In this Chapter—

    “the 2016 Act” means the Immigration Act 2016(4);

    “enforcing authority” has the meaning given by section 14 of the 2016 Act;

    “labour market enforcement order” has the meaning given by section 18 of the 2016 Act;

    “trigger offence” has the meaning given by section 14 of the 2016 Act.

    Variation and discharge of a labour market enforcement order

    69.2.—(1) An application under section 23 of the 2016 Act for variation or discharge of a labour market enforcement order made under section 20 of that Act is to be made in Form 69.2.

    (2) When an application under section 23 of the 2016 Act is lodged, the court must—

    (a) appoint a hearing on the application; and

    (b) order intimation of the application—

    (i) where the application is made by the respondent to the original order made under section 20 of the 2016 Act, on the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence; or

    (ii) where the application is made by the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence, on the respondent to the original order made under section 20 of the 2016 Act.

    (3) Where an application referred to in paragraph (1) is made in respect of a labour market enforcement order which was made by the High Court of Justiciary and which has not subsequently been varied in the sheriff court—

    (a) the sheriff clerk with whom the application is lodged is to notify the Clerk...

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