Abusive Behaviour and Sexual Harm (Scotland) Act 2016

PART 3 S General

41 Interpretation S

In this Act—

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,

• “the 2003 Act” means the Sexual Offences Act 2003,

• “the 2005 Act” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005,

• “the 2009 Act” means the Sexual Offences (Scotland) Act 2009,

• “the 2014 Act” means the Courts Reform (Scotland) Act 2014.

Commencement Information

I1 S. 41 in force at 24.4.2017 by S.S.I. 2017/93, reg. 2

42 Ancillary provision S

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with, or for giving full effect to, this Act.

(2) Regulations under subsection (1) may—

(a) modify any enactment (including this Act),

(b) make different provision for different purposes.

(3) Regulations under subsection (1)—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of this or any other Act,

(b) otherwise, are subject to the negative procedure.

43 Minor and consequential modifications S

Schedule 2 makes minor and consequential modifications of other enactments.

Commencement Information

I2 S. 43 in force at 24.4.2017 for specified purposes by S.S.I. 2017/93, reg. 2

I3 S. 43 in force at 31.3.2023 in so far as not already in force by S.S.I. 2023/51, reg. 2 (with reg. 3)

44 Crown application S

(1) No contravention by the Crown of any provision of, or made under, this Act makes the Crown criminally liable.

(2) But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission which constitutes such a contravention.

(3) Despite subsection (1), any provision of, or made under, this Act applies to persons in the public service of the Crown as it applies to other persons.

45 Commencement S

(1) Sections 42, 44 and 46, and this section, come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under subsection (2) may—

(a) appoint different days for different purposes,

(b) include transitional, transitory or saving provision.

46 Short title S

The short title of this Act is the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.