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Bail and Release from Custody (Scotland) Act 2023

Part 3: Final provisions

Section 17—Ancillary provision

90.Section 17 enables the Scottish Ministers, by regulations, to make various types of ancillary provision if they think it appropriate to give full effect to the Act. This includes the power to make different provision for different purposes, and to modify any other legislation (whether primary or secondary) as well as the Act itself. Regulations made under this section that amend the text of primary legislation are subject to the affirmative procedure.(13) Otherwise, they are subject to the negative procedure.(14)

Section 18—Commencement

91.Section 18 sets out when the provisions of the Act come into effect as a matter of law. It provides that certain sections (that is, sections 6, 7 and 15 to 19) take effect on the day after Royal Assent. The other sections of the Act will take effect in accordance with regulations made by the Scottish Ministers. Those regulations may include transitional, transitory or saving provision and may make different provision for different purposes.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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