Statute Law Repeals - Law Commission - Ministry of Justice

2.27 Sections 51 to 54 were consolidated by the Criminal Law (Consolidation)
(Scotland) Act 1995, 33 but neither that Act nor the Criminal Procedure
(Consequential Provisions) (Scotland) Act 1995 34 sought to repeal the provisions.
Subsequently the Criminal Justice and Licensing (Scotland) Act 2010 35 did repeal
each of the provisions, but only in so far as they related to Scotland. As enacted,
however, sections 51 to 53 of the 1987 Scottish Act extended not only to
Scotland but also to England, Wales and Northern Ireland. 36 In these territories
the sections remain unrepealed, even though they were replaced by sections 27
to 29 of the 1995 Consolidation Act. Sections 51 to 53 of the 1987 Scottish Act
can now be repealed across the UK.
2.28 Section 54 of the 1987 Scottish Act applied only within Scotland. Sub-section (4)
provided for the disclosure of otherwise restricted information to (amongst others)
“any competent authority”, as listed in sub-section (5). The Criminal Justice Act
1988, 37 s 170(1) and Sch 15 para 111 substituted a new paragraph (k) in the subsection
(5) list (relating to persons appointed under the Banking Act 1987). 38 Both
section 54 of the 1987 Scottish Act and the amending provision in the 1988 Act
(so far as it related to Scotland) were repealed by the Criminal Justice and
Licensing (Scotland) Act 2010. 39 No further repeal is required.
Criminal Justice Act 1988
2.29 The Serious Fraud Office (SFO) was established by the Criminal Justice Act
1987 40 for England, Wales and Northern Ireland (but not for Scotland). 41 Section
3 of the 1987 Act dealt with disclosure of restricted information, which could be
disclosed to “any competent authority”, as listed in sub-section (6). The Criminal
Justice Act 1988, s 170(1) and Sch 15 para 111 substituted a new paragraph (j)
in the sub-section (6) list (relating to persons appointed under the Banking Act
1987).
33 1995 (c.39), ss 27 to 30. Sections 27 to 29 extend to England, Wales and Northern Ireland
as well as Scotland. Section 30 extends to Scotland only. See hereon section 53(3), (4).
34 1995 (c.40).
35 2010 (asp 13), s 203 and Sch 7 para 17.
36
See the 1987 Act, s 72(4). Section 54, by contrast, extended to Scotland only: see section
72(1).
37 1988 (c.33).
38 Section 54(5) was further amended by the Financial Services and Markets Act 2000
(Consequential Amendments and Repeals) Order 2001 (SI 2001 No 3649), art 228, which
replaced paragraphs (e) to (l) with just two paragraphs, and lost paragraph (k) in the
process.
39 2010 (asp 13), s 203 and Sch 7 paras 17, 18.
40 1987 (c.38).
41
Although certain provisions of the 1987 Act did extend to Scotland, such as powers relating
to investigation.
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