Commentary on Sections

Section 2 – Modification of section 1

10.Subsection (1) provides an order making power for the Scottish Ministers to amend section 1 of the Act in the following ways:

The order making power does not allow for modification of the circumstances in which no offence is committed currently set out in section 1(4) and (5) of the Act.

11.Subsections (2) and (3) provide that any order made under this section will be made by statutory instrument and subject to the affirmative resolution procedure.