2023 No. 157
The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Consequential Modifications, Saving and Transitional Provisions) Regulations 2023
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 53 of the Fireworks and Pyrotechnic Articles (Scotland) Act 20221 and all other powers enabling them to do so.
In accordance with section 53(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Consequential Modifications, Saving and Transitional Provisions) Regulations 2023 and come into force on 6 June 2023.
2
In these Regulations, “the 1995 Act” means the Criminal Law (Consolidation) (Scotland) Act 19952.
Repeals2
The following provisions are repealed—
a
section 20(3), (4), (5), (6) of the 1995 Act, and
b
the definition of “controlled article or substance” within section 20(8) of the 1995 Act.
Saving and transitional provisions3
1
Despite regulation 2, the provisions of the 1995 Act referred to in that regulation continue to have effect on and after 6 June 2023 as they did immediately before that date in respect of any criminal proceedings relating to an offence under section 20(3) or (4) of that Act committed before that date, subject to the modification in paragraph (2).
2
In respect of any criminal proceedings referred to in paragraph (1), section 20(6) of the 1995 Act has effect as if after the words “lawful authority” (in that section) there were inserted “or any other reasonable excuse”
.
(This note is not part of the Regulations)