In addition to the provisions already in force (as listed in the answer to S3W-36670), further provisions within the Criminal Justice and Licensing (Scotland) Act 2010 came into force/will come into force as detailed in the following table.
| Section / Schedule reference | Title of Provision | Date Coming into Force | Any Other Comments |
| Section 14(1) (in part) and (2) | Community payback orders | 1 February 2011 | For all purposes apart from inserting section 227ZM into the 1995 Act |
| Section 14(1) (in part) | Community payback orders “ annual reports on community payback orders | 1 April 2011 | For the purpose of inserting section 227ZM into the 1995 Act |
| Section 16 | Short periods of detention | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 17 | Presumption against short periods of detention | 1 February 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 20 | Reports about supervised persons | 1 February 2011 | |
| Section 21 | Detention of children convicted on indictment | 1 February 2011 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 23 | Extended sentences for certain sexual offences | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 25 | Offences aggravated by racial or religious prejudice | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 26 | Voluntary intoxication by alcohol: effect in sentencing | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 28 | Involvement in serious organised crime | 13 December 2010 | |
| Section 29 | Offences aggravated by connection with serious organised crime | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 30 | Directing serious organised crime | 13 December 2010 | |
| Section 31 | Failure to report serious organised crime | 13 December 2010 | |
| Section 34 | Articles banned in prison | 13 December 2010 | |
| Section 37 | Offensive weapons etc | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 39 | Offence of stalking | 13 December 2010 | |
| Section 40 | Certain sexual offences by non-natural persons | 13 December 2010 | |
| Section 41 | Indecent images of children | 13 December 2010 | |
| Section 45 | Penalties for offences of brothel-keeping and living on the earnings of prostitution | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 56 | Grant of warrants for execution by constables and police members of SCDEA | 13 December 2010 | |
| Section 59 | Bail conditions: remote monitoring requirements | 13 December 2010 | |
| Section 60 | Prosecution on indictment: Scottish Law Officers | 13 December 2010 | |
| Section 64 | Remand and committal of children and young persons | 13 December 2010 | |
| Section 71 | Convictions by courts in other EU Member States | 13 December 2010 | |
| Section 80 | Retention of samples etc. from children referred to children''s hearings | 13 December 2010 | Section 80 is commenced for the purpose of inserting the following provisions into the 1995 Act:” (a) section 18E(6) (b) section 18E(7) (c) section 18E(10) |
| Section 83 | Referrals from Scottish Criminal Cases Review Commission: grounds for appeal | 5 November 2010 | |
| Section 93 | Lists of jurors | 13 December 2010 | |
| Section 94 | Upper age limit for jurors | 10 January 2011 | |
| Section 95 | Excusal from jury service | 10 January 2011 | |
| Section 96 | Persons excusable from jury service | 10 January 2011 | |
| Section 99 | Closure of premises associated with human exploitation etc. | 13 December 2010 | |
| Section 101 | Foreign travel orders | 13 December 2010 | |
| Section 104 | Risk of sexual harm orders: spent convictions | 13 December 2010 | |
| Section 105 | Obtaining information from outwith United Kingdom | 13 December 2010 | |
| Section 111 | Assistance for victim support | 13 December 2010 | |
| Section 112 | Public defence solicitors | 13 December 2010 | |
| Section 113 | Compensation for miscarriages of justice | 13 December 2010 | |
| Section 114 | Financial reporting orders | 13 December 2010 | |
| Section 173 | Licensing: powers of entry and inspection for civilian employees | 13 December 2010 | |
| Section 178 | Applications for licenses | 28 February 2011 | In so far as not already in force, for all purposes in respect of applications for the grant or renewal of licences under paragraph 1 of Schedule 1, or paragraph 6 of Schedule 2 to the Civic Government (Scotland) Act 1982 made on or after the date specified in column 3 |
| Section 180 | Premises licence applications: notification requirements | 13 December 2010 | For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 181 | Premises licence applications: modification of layout plans | 13 December 2010 | For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 182 | Reviews of premises licences: notification of determinations | 28 February 2011 | For all purposes in respect of premises licence review proposals made by a Licensing Board under section 37(1) of the 2005 Act and all premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 183 | Premises licence applications: antisocial behaviour reports | 13 December 2010 | For all purposes in respect of premises licence applications made to a Licensing Board on or after the date specified in column 3 |
| Section 184(1) and (2) | Premises licences: connected persons and interested parties | 13 December 2010 | Section 184(2) is commenced for the purposes of inserting the following provisions into the 2005 Act:- (a) section 40A(1), but not sub-paragraph (b) (b) section 40A(2), but not the words or an interested party (c) section 40A(3) to (5) |
| Section 184(3)(a)(i) Section 184(3)(a)(ii) Section 184(3)(b) | | | Section 184(3)(a)(ii) is commenced for the purpose of inserting into the 2005 Act section 48(1)(c)(i) only |
| Section 185 | Provisional premises licences: duration | 13 December 2010 | |
| Section 187 | Provision of copies of licences to chief constable | 13 December 2010 | For all purposes in respect of premises licence applications or an application under section 47(2) of the 2005 Act made to a Licensing Board on or after the date specified in column 3 |
| Section 188(1) and (3) | Sale of alcohol to trade | 13 December 2010 | Section 188(3) is commenced for all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 192 | Personal licences | 13 December 2010 | Sections 192(1) and (2) are commenced for all purposes in respect of applications for a personal licence under section 72(1) of the 2005 Act made to a Licensing Board on or after the date specified in column 3. Section 192(3) is commenced for all purposes in respect of all personal licences granted following an application that was made to a Licensing Board on or after the date specified in column 3. Section 192(4) is commenced for all purposes in respect of applications for a replacement personal licence received by a Licensing Board on or after the date specified in column 3 |
| Section 193 | Emergency closure orders | 13 December 2010 | |
| Section 194 | Appeals | 13 December 2010 | For all purposes in respect of decisions that may be appealed under section 131(1) of, and Schedule 5 to, the 2005 Act made by a Licensing Board on or after the date specified in column 3 |
| Section 195 | Liability for offences | 13 December 2010 | Section 195(2) is commenced for all purposes in respect of offences committed on or after the date specified in column 3 Section 195(3) is commenced for the purposes of inserting the following provisions into the 2005 Act in respect of offences committed on or after the date specified in column 3:” (a) section 141A (b) section 141B(1)(a) (c) section 141B(2) except the words or, as the case may be, the interested party (d) section 141B(3) except the words or an interested party and as the case may be, the interested party (e) section 141B(4) except the words or the interested party (f) section 141B(5) |
| Section 196 | False statements in applications: offence | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3 |
| Section 198 | Further modifications of the 2005 Act | 13 December 2010 | |
| Section 199 | Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998 | 13 December 2010 | |
| Schedule 2 | Community payback orders: consequential modifications | 1 February 2011 | For all purposes apart from bringing into force paragraph 38 |
| Schedule 2 | Community payback orders “ amendment to the Jobseekers Act 1995 | The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection wi claim) comes into force | For the purpose of bringing into force paragraph 38 |
| Schedule 4 | Convictions by courts in other EU Member States: modifications of enactments | 13 December 2010 | For all purposes in respect of offences committed on or after the date specified in column 3, apart from bringing into force paragraph 12 |
| The following paragraphs of schedule 6:” | Further modifications of the 2005 Act | 13 December 2010 | |
| 1 | | | |
| 3 to 6 | | | Paragraphs 5 and 6(3) are commenced for all purposes in respect of applications for a premises licence under section 20 of the 2005 Act made to a Licensing Board on or after the date specified in column 3. |
| 7 | | | Paragraph 7 is commenced for all purposes in respect of applications for the transfer of a premises licence made to a Licensing Board on or after the date specified in column 3 |
| 8 | | | Paragraph 8 is commenced for all purposes in respect of any notice of conviction given by a Licensing Board to the appropriate chief constable under section 44(2) of the 2005 Act on or after the date specified in column 3 |
| 11 to 16 | | | Paragraph 11 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 69(1) of the 2005 Act on or after the date specified in column 3 Paragraph 12 is commenced for all purposes in respect of any notice given by a Licensing Board to the appropriate chief constable under section 73(1) of the 2005 Act in respect of an application for a personal licence made on or after the date specified in column 3 Paragraphs 13 to 15 are commenced for all purposes in respect of applications for a personal licence under section 72 of the 2005 Act made on or after the date specified in column 3 |
| 18 | | | Paragraph 18 is commenced for all purposes in respect of applications for occasional licences made to a Licensing Board on or after the date specified in column 3 |
| The following paragraphs of schedule 7:” | Modifications of enactments | | |
| 4 | | 13 December 2010 | |
| 5 | | 13 December 2010 | |
| 13 | | 13 December 2010 | |
| 48 | | 10 January 2011 | |
| 49 | | 13 December 2010 | |
| 86 | | 13 December 2010 | |
For those provisions that have not been included in a commencement order yet, decisions about commencement will be taken shortly.
