The legislation listed in the first table below covers provisions in primary legislation receiving Royal Assent after June 1999 and provisions in secondary legislation laid after June 1999 which were identified in the Scottish Executive Justice Statistical Unit annual crime classification exercises as creating new offences.
The information available on the number of persons proceeded against and convicted for these offences is given in the second table. Many of the new offences listed in the first table are too recently enacted to feature in this data, which cover only those cases where court proceedings had been concluded by the end of 2003.
| Sections | SEJD code | Crime/Offence description |
Primary legislation | | | |
| | | |
Food Standards Act 1999 | | 73/008 | Food Safety and Food Standards offences |
Immigration and Asylum Act 1999 | | 45/000 | Aliens and Immigration Offences |
Pollution Prevention and Control Act 1999 | Sch 1 paras 17,18 and 25 | 73/004 | Control of pollution |
Welfare and Pensions Act 1999 | | 85/033* | Pension Acts1 |
Countryside and Rights of Way Act 2000 | Clause 64 and Sch 7 | 73/022 | Other conservation offences |
Ethical Standards in Public Life etc (Scotland) Act 2000 | 17(7) and 33(3) | 85/032* | Ethical Standards in Public Life |
Postal Services Act 2000 | S85(1)(not explosives) | 33/001 | Vandalism, malicious damage and malicious mischief |
Postal Services Act 2000 | S85(1)(explosives) | 37/002 | Unlawful use of explosives |
Postal Services Act 2000 | S85(3)(4) | 59/001 | Handling obscene material |
Postal Services Act 2000 | S83, 84, 86(2), 88(1)(a) | 84/002 | General post office/telecommunications offences |
Regulation of Investigatory Powers Act 2000 | Sections 1, 12, 22, 53 and 54 | 84/004 | Interception of Communications |
Sexual Offences (Amendment) Act 2000 | | 17/001 | Lewd and libidinous practices |
Terrorism Act 2000 | 18 | 36/001 | Terrorism, money laundering related offences |
Terrorism Act 2000 | Secs nec | 36/009 | Prevention of terrorism, other offences |
Anti-Terrorism, Crime and Security Act 2001 | S 113(1), 114(1)(b) | 36/009 | Prevention of terrorism, other offences |
Housing (Scotland) Act 2001 | | 73/014 | Housing(s) Acts |
Regulation of Care (Scotland) Act 2001 | S21,22 | 83/016 | Registration of Care Establishments |
Transport (Scotland) Act 2001 | S 55(4) & (5) | 25/000 | Fraud (Including Statutory Fraud) |
Transport (Scotland) Act 2001 | S 73(a) | 38/018 | Failure to notify police or provision of false information |
Transport (Scotland) Act 2001 | S 56(3) & (7) | 72/005 | Obstruction of local official |
Transport (Scotland) Act 2001 | S 68(6) | 81/002 | Public service vehicles offences |
Transport (Scotland) Act 2001 | S 43(6) | 84/003 | Disclosure of information |
Transport (Scotland) Act 2001 | S 55(6), 56(5) & (6) | 399/000 | Motor Vehicles, Other Offences |
Fur Farming (Prohibition) (Scotland) Act 2002 | | 51/003 | Animals, offences involving (ex dogs, birds else class) |
Proceeds of Crime Act 2002 | | 31/004* | Proceeds of crime |
Protection of Wild Mammals (Scotland) Act 2002 | 1 | 51/013* | Hunting with Dogs |
Scottish Public Services Ombudsman Act 2002 | S 15(7) | 84/003 | Disclosure of information |
Tobacco Advertising and Promotion Act 2002 | | 83/013 | Trading offences |
Water Industry (Scotland) Act 2002 | | 73/011 | Water Acts |
Communications Act 2003 | S172-182 | 84/001 | Wireless Telegraphy Act offences |
Communications Act 2003 | S125-127 | 84/002 | General post office/telecommunications offences |
Criminal Justice (Scotland) Act 2003 | S22(1) | 18/009 | Immoral traffic |
Dog Fouling (Scotland) Act 2003 | | 73/023* | Dog fouling |
Fireworks Act 2003 | | 54/000 | Keeping and Supply of Explosives |
Mental Health (Care and Treatment) (Scotland) Act 2003 | 315 | 11/003 | Ill treatment of mental patients |
Mental Health (Care and Treatment) (Scotland) Act 2003 | 311 & 313 | 18/004 | Carnal knowledge of mentally disordered person |
Mental Health (Care and Treatment) (Scotland) Act 2003 | 318 | 25/000 | Fraud (including statutory fraud) |
Mental Health (Care and Treatment) (Scotland) Act 2003 | 316 | 38/006 | Escape and rescue (inc escape from police custody or prison) |
Mental Health (Care and Treatment) (Scotland) Act 2003 | 317 | 72/005 | Obstruction of local official |
Protection of Children (Scotland) Act 2003 | 2(1), 11(1), 11(3)(a), 11(3)b | 50/011* | Offences relating to persons disqualified from working with children |
Railways and Transport Safety Act 2003 | 78-80 | 33/006 | Culpable neglect of duty |
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 | S1(1), 1(2), 2(1), 5(1),6(1), 7, 10(1), 11(1), 12(1), 13,14, 15(3), 17(2), 18(1), 21(1), 21(5), 23(1), 23(2), 23(3), 24(1), 25(1), 26(1), 31(6), 31(7), 38(7), 50(3), 57, 58, 59, 64(2) | 56/001 | Salmon and freshwater fisheries offences |
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 | 9(1),16(1), 20(1) | 56/003 | Possession of salmon or trout unlawfully obtained |
Sexual Offences Act 2003 | 122 | 18/013 | Conspiracy to commit sexual acts outside the U.K. |
Sexual Offences Act 2003 | 91 | 38/018 | Failure to notify police/provision of false information |
Sexual Offences Act 2003 | 113 | 39/015* | Breach of sex offender order |
Water Environment & Water Services (Scotland) Act 2003 | Sch 2 para 20(a)(ii) | 73/004 | Control of pollution |
Antisocial Behaviour etc. (Scotland) Act 2004 | 9, 118 | 39/014* | Breach of anti social behaviour order |
Antisocial Behaviour etc. (Scotland) Act 2004 | 107 | 39/016* | Breach of parenting order |
Antisocial Behaviour etc. (Scotland) Act 2004 | 22, 37, 45, 47, 126 | 47/008* | Antisocial behaviour offences |
Antisocial Behaviour etc. (Scotland) Act 2004 | 122, 123 | 50/013* | Offences against selling spray paint to children |
Antisocial Behaviour etc. (Scotland) Act 2004 | 79, 83(4), 87(5), 93(1), 93(2) | 85/034* | Anti-social behaviour, private landlord offences |
Asylum and Immigration (Treatment of Claimants, etc) Act 2004 Modifier required re purpose (sexual - 18/009 or other 45/001) | 4,5 | 18/009 45/000 | Immoral traffic/Aliens and Immigration Offences |
Criminal Procedure (Amendment)(Scotland Act 2004 - which amends the Criminal Procedure (Scotland) Act 1995 | 11& 22 (of 2004 Act) | 39/009 | Defence witness, offences by |
Energy Act 2004 | 97 | 67/000 | Merchant Shipping Acts (not elsewhere classified) |
Nature Conservation (Scotland) Act 2004 | 19, 27, 36, 40(4), 41(2) | 73/022 | Other conservation offences |
Protection of Badgers Act 1992 as amended by schedule 6 of the Nature Conservation (Scotland) Act 2004 | | 51/015* | Offences Involving Badgers |
Wildlife and Countryside Act 1981 as amended by schedule 6 of the Nature Conservation (Scotland) Act 2004 | | 51/004 | Birds, offences involving |
Wildlife and Countryside Act 1981 as amended by schedule 6 of the Nature Conservation (Scotland) Act 2004 | | 51/016* | Other Wildlife Offences |
Wildlife& Countryside Act 1981 as amended by Nature Conservation (Scotland) Act 2004 | 15A | 51/004 | Birds, offences involving |
Feeding Stuffs (Enforcement) Regulations 1999 | 4(9) | 85/003 | Agricultural offences |
Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 4)(S) Order 1999 | A4 and A6(b) | 56/002 | Sea fisheries offences |
Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 4)(S) Order 1999 | A 5, A6(a), (c), (d), (e) and A9(c) | 73/008 | Food Safety and Food Standards offences |
Good Laboratory Practice Regulations 1999 | | 63/003 | Health and Safety at Work Acts |
Quarry Regulations 1999 | R 6(1), (3), 12(1) | 63/003 | Health and Safety at Work Acts |
Road Traffic Regulation Act 1984 (Amendment) order 1999 | | 305/000 | Driver's Neglect of Traffic Directions (Not Pedestrian Crossing) |
Trunk Roads in Scotland (Temporary Prohibitions and Temporary Speed Restrictions) Order 1999 | | 304/000 | Other Speeding Offences |
Air Navigation Order 2000 | A63, 65(1), A68(a), 122(5)&122(6) | 85/013 | Aviation legislation |
Feeding Stuffs (Scotland) Regulations 2000 | | 85/003 | Agricultural offences |
Food Safety (General Food Hygiene) (Butchers' Shops) Amendment (Scotland) Regulations 2000 | | 73/008 | Food Safety and Food Standards offences |
Sea Fish (Specified Sea Areas)(Regulation of Nets and other Fishing Gear)(Scotland) Order 2000 | 4 | 56/002 | Sea fisheries offences |
Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 | A3, 10 | 56/002 | Sea fisheries offences |
Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 | | 56/002 | Sea fisheries offences |
Sea Fishing (Enforcement of Community Control Measures)(Scotland) Order 2000 | | 56/002 | Sea fisheries offences |
Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 | | 56/002 | Sea fisheries offences |
Sheep and Goats Identification (Scotland) Regulations 2000 | | 51/003 | Animals, offences involving (ex dogs, birds else class) |
The Pollution Prevention & Control (Scotland) Regulations 2000 | 30(2)(a) | 73/004 | Control of pollution |
Transport of Animals (Cleansing and Disinfection)(Scotland) Regulations 2000 | A3(2)&8(1)(a)(i) | 85/003 | Agricultural offences |
Trunk Roads in Scotland (Temporary Prohibitions & Temporary Speed Restrictions) Order 2000 | A5 | 304/000 | Other Speeding Offences |
Welfare of Farmed Animals (Scotland) Regulations 2000 | S 3(1)(a) | 51/001 | Cruelty to animals (ex dogs) inc killing and maiming cattle |
Cattle (Identification of Older Animals) Regulations 2001 | R 5, 6 | 51/003 | Animals, offences involving (ex dogs, birds else class) |
Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No.3) Order 2001 | A 4(3)(a) | 85/003 | Agricultural offences |
Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) Order 2001 | A2 | 85/003 | Agricultural offences |
Road Vehicles (Display of Registration Marks) Regulations 2001 | | 318/000 | Registration or Identification Mark Offences (Not Lighting) |
The Beef Labelling (Enforcement)(Scotland) Regulations 2001 | 4 | 73/008 | Food Safety and Food Standards offences |
Control of Asbestos at Work Regulations 2002 | | 63/003 | Health and Safety at Work Acts |
Disease Control (Interim Measures) (Scotland) Order 2002 | A 3(1)(b), A 6 | 51/003 | Animals, offences involving (ex dogs, birds else class) |
Traffic Sign Regulation and General Directions 2002 | | 306/000 | Driver's contravention of Pedestrian Crossing Regulations |
Trunk Roads in Scotland (Temporary Prohibitions & Temporary Speed Restrictions) Order 2002 | A5 | 304/000 | Other Speeding Offences |
TSE (Scotland) Regulations 2002 | | 51/003 | Animals, offences involving (ex dogs, birds else class) |
The Greenhouse Gas Emissions Trading Scheme Regulations 2003 | Part 7 (32, 33, 34, 35) | 73/019 | Other environmental offences |
The Landfill (Scotland) Regulations 2003 | 19(2)(a) | 73/004 | Control of pollution |
Avian Influenza (Survey Powers) (Scotland) Regulations 2004 (2004 No 453). Parent Act is section 2(2) of the European Communities Act 1972 | 6.(1), 6(2) | 51/003 | Animals, offences involving (ex dogs, birds else class) |
Integrated System and Control Regulations 1993/1317 (as amended by 1994/1134, 1997/1148, 2000/2573) | 8 | 72/005 | Obstruction of local official |
Medicines for Human Use (Clinical Trials) Regulation 2004 | | 74/007 | Medicines Acts offences |
Olive Oil ( Marketing Standards) (Amendment) Regulations 2004 (2004/2661) | 1,4-7 | 83/013 | Trading offences |
The Conservation (Natural Habitats &c.) Regulations 1994 as amended by the Conservation (Natural Habitats &c.) Amendment (Scotland) Regulations 2004 | reg 18, 20, 21, 22, 39, 43, 101A | 51/016* | Other Wildlife Offences |
TSE (Scotland) Amendment Regulations 2004 (2004 No 277). | 2.2 | 51/003 | Animals, offences involving (ex dogs, birds else class) |
Waste Management Licensing Amendment (Scotland) Regulations 2004 - Increasesfines set in 1994 (UK) Regulations. | | 73/004 | Control of pollution |
1. Included with offences under Pensions Schemes Act 1993 and Pensions Act 1995.
Persons Proceeded Against in Scottish Courts for Offences Under Legislation since June 1999 Creating New Offences, 1999-20031,2
1. Provisional data.
2. Offences for which there are no records of proceedings against persons having been completed by the end of 2003 are excluded from this table.
3. Where main offence.