HIGH COURT OF JUSTICIARY Citation and commencement 1 1 This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 and shall come into force on 1st September 2006. 2 This Act of Adjournal shall be inserted in the Books of Adjournal. Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996 2 1 The Act of Adjournal (Criminal Procedure Rules) 1996 shall be amended in accordance with the following sub-paragraphs. 2 In rule 20.3A (sexual offences to which Part 2 of the Sexual Offences Act 2003 applies) — a after paragraph (3) there shall be inserted– 3A Where sentence has been deferred in respect of an accused who has been given a notice required by paragraph (2), the clerk of the court shall, when sentence is passed, give the accused a notice in Form 20.3A-C. ; and b in paragraph (4)— i for “the notice” there shall be substituted “any notices”; ii after “accused” there shall be inserted “under paragraph (3) or (3A), as the case may be”; and iii for “that copy” there shall be substituted “those copies”. 3 In rule 31.1 (interpretation of Chapter 31: references to the European Court of Justice)– a in paragraph (1), for the definition of “question” there shall be substituted the following:– “question” means a question or issue in respect of which the European Court has jurisdiction to give a preliminary ruling under the Community Treaties ; b paragraph (2) shall be omitted; 4 In rule 31.2 (notice of references in solemn proceedings)– a in paragraph (1)– i for “trial” there shall be substituted “preliminary hearing or first diet”; and ii after “place” there shall be inserted “, as the case may be,”; b in paragraph (2), for “trial diet” there shall be substituted “preliminary hearing or first diet, as the case may be”. c paragraph (3) shall be omitted. 5 In rule 31.5 (preparation of case for reference), for paragraph (3) there shall be substituted the following:– 3 In preparing a reference, the parties shall have regard to guidance issued by the European Court. . 6 For Rule 41.3(1) (declaration of incompatibility) there shall be substituted the following:– 1 Where in any proceedings a party seeks a declaration of incompatibility or the court is considering whether to make such a declaration at its own instance– a notice in Form 41.3-A shall be given as soon as reasonably practicable to such person as the Lord Justice General may from time to time direct– i by the party seeking the declaration; or ii by the clerk of court, as the case may be, provided that there shall be no requirement to give such notice to a party or to the representative of a party; and b where notice is given by the party seeking the declaration the party shall lodge a certificate of notification in process. . 7 After Chapter 49 (financial reporting orders) there shall be inserted the following:– CHAPTER 50 FOOTBALL BANNING ORDERS Interpretation 50.1 In this Chapter— “the 2006 Act ” means the Police, Public Order and Criminal Justice Act 2006 ; “football banning order” means an order made under section 51(2) of the 2006 Act; “football banning orders authority” has the meaning given in section 69 of the 2006 Act. Football banning orders 50.2 A football banning order shall be in Form 50.2. Variation or termination of football banning orders 50.3 1 An application for the variation or termination of a football banning order shall be made by petition in Form 50.3. 2 On a petition referred to in paragraph (1) being lodged, the court shall– a order intimation of the application to– i in the case of an application by the person subject to the order, the football banning orders authority; or ii in any other case, to the person subject to the order; b appoint a hearing on the application; and c order intimation of the hearing to the persons referred to in sub-paragraph (a) and to the governor of any institution in which the person in respect of whom the football banning order was made is detained. . 8 In the appendix— a in Form 20.3A-B , in the paragraph beginning “These requirements” at the end there shall be inserted— [ or for such period as shall be notified to you when you are sentenced in respect of the offence] ; b after Form 20.3A-B there shall be inserted the Form 20.3A-C set out in Part 1 of the Schedule to this Act of Adjournal; c in Form 41.3-A — i after “not to” there shall be inserted the following:– [ or : That ( specify party ) is seeking that the court] ; and ii after “Deputy Principal Clerk of Justiciary” where it second appears there shall be inserted the following:– [ or Solicitor [ or Agent] for ( specify )] . d For Form 41.4 there shall be substituted the form set out in Part 1 of the Schedule to this Act of Adjournal. e After Form 49.3 there shall be inserted the forms set out in Part 2 of the Schedule to this Act of Adjournal. 9 The annex (notes for completion of Form 31.5) shall be omitted. A C Hamilton Lord Justice General I.P.D. Edinburgh 22nd August 2006