PART 10MISCELLANEOUS

200Modification of references to “Act”, “enactment” etc. in certain Acts of Parliament

1

The 1982 Act is amended as follows—

a

in section 8 (interpretation of Parts 1 and 2), insert at the appropriate place—

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

b

in section 49 (dangerous and annoying creatures), after subsection (8), add—

9

In subsection (7), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

c

in Schedule 2 (control of sex shops), in paragraph 3 (miscellaneous definitions), insert at the appropriate place—

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

2

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows—

a

in section 30 (disclosure of information), after subsection (7) add—

8

In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

b

in section 44 (false statements and declarations), in each of the following provisions, namely subsection (2)(b) and (c), subsection (3)(a) and subsection (4), after “Act of Parliament” insert “ or any Act of the Scottish Parliament ”,

c

in section 45 (provision supplementary to section 44), after subsection (5) add—

6

In subsections (4) and (5), “other Act” includes an Act of the Scottish Parliament.

d

in section 46 (proceedings for a contravention of section 44)—

i

in subsection (4), the words “(including subordinate legislation)” are repealed, and

ii

after subsection (4) add—

5

In subsection (4), “enactment” includes—

a

an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

b

subordinate legislation.

3

Section 307(1) of the 1995 Act (interpretation) is amended as follows—

a

in the definition of “crime”, after “this Act,” insert “ or under any Act of the Scottish Parliament (whenever passed), ”,

b

for the definition of “enactment” substitute—

“enactment” includes—

a

an enactment contained in any local Act or any order, regulation or other instrument having effect by virtue of an Act, and

b

an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

c

for the definition of “statute” substitute—

“statute” means—

a

any Act of Parliament, public, general, local or private,

b

any Provisional Order confirmed by Act of Parliament, or

c

any Act of the Scottish Parliament;