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Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
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31Remedial and publicity orders: prosecutor’s right of appeal
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(1)The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this section.
(2)In section 108 (Lord Advocate’s right of appeal against disposal)—
(a)in subsection (1), after paragraph (cd) insert—
“(ce)a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order,
(cf)a decision under section 30(2) of that Act not to make a publicity order,”,
(b)in subsection (2)(b)(ii), for the words “or (cd)” substitute “, (cd), (ce) or (cf)”.
(3)In section 175 (right of appeal from summary proceedings)—
(a)in subsection (4), after paragraph (cd) insert—
“(ce)a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order,
(cf)a decision under section 30(2) of that Act not to make a publicity order,”,
(b)in subsection (4A)(b)(ii), for “or (cd)” substitute “ , (cd), (ce) or (cf)”.
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