Provisions in the Act that extend to Scotland
108.The following provisions change the law in Scotland as it relates to reserved matters:
the increase in the maximum penalty for the possession of explosive under suspicious circumstances, weapons training for terrorist purposes and training for terrorism to life imprisonment (section 1);
the provisions relating to offences committed by disqualified drivers (section 29 and paragraphs 1 to 10 of Schedule 6);
the provision relating to the mutual recognition of driving disqualification in the UK and the Republic of Ireland (section 31 and Schedule 7);
the provision relating to the offence of making improper use of a public electronic communications network (section 51);
the amendment of the Constitutional Reform Act 2005 allowing the President of the Supreme Court to make representations to Parliament (section 81);
the amendment of that Act relating to the circumstances in which a judge of the Supreme Court or a senior territorial judge can become a member of the supplementary panel (section 82);
the provision amending the test for applications for leave to appeal from the Upper Tribunal to the Court of Session (section 83(2));
the amendments of the Armed Forces Act 2006 and of any other provision as it is applied by that Act (for example, provisions of the Criminal Justice Act 2003) and any amendment which applies in relation to a service court (see the amendment of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 made by section 15 and the provisions in section 78 and paragraph 2 of Schedule 15 in so far as they apply to such courts).
109.The following provisions change the law as it operates in Scotland but are consequential on other provisions in the Act which change the law in England and Wales:
the amendments of Schedule 1 to the Crime (Sentences) Act 1997 relating to the transfer of prisoners within the British Islands (paragraph 12 of Schedule 1) arising from the new sentence and release provisions for certain offenders of particular concern;
the amendment of section 39 of the Criminal Law Act 1977 relating to the service of summons etc in Scotland and Northern Ireland (paragraph 1 of Schedule 11) which is consequential on the provisions enabling trial by a single justice on the papers;
the amendments of section 1 of the Rehabilitation of Offenders Act 1974 (paragraph 1 of Schedule 12) and section 24 of the Criminal Justice Act 1991 (paragraph 7 of Schedule 12) which are consequential on the costs of criminal courts provisions (section 54).
110.Section 19 of the Act makes changes to the powers of Scottish Ministers under Schedule 3 to the Rehabilitation of Offenders Act 1974. Section 26 creates a new offence of police corruption which relates to both devolved and reserved matters. The Scottish Parliament passed a legislative consent motion in relation to both of these matters on 28 October 2014.
111.There are other provisions which make amendments to provisions extending to Scotland but where the amendment preserves, or does not materially affect, the law as it operates there.
