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Criminal Law (Consolidation) (Scotland) Act 1995
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42Extension of certain offences to Crown servants and exemptions for regulators etc
(1)The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 36 to 40 of this Act shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.
(2)Section 39 of this Act shall not apply to—
(a)any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or
(b)in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.
(3)The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.
(4)The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.
(5)In this section—
“the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and
“prescribed” means prescribed by regulations made by the Secretary of State.
(6)The power to make regulations under this section shall be exercisable by statutory instrument.
(7)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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