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Criminal Procedure (Scotland) Act 1995
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- 1995 c. 46
- PART VIII
- Section 129
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- S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
- S.S.I. 2011/157 art. 2 commences (2007 asp 14)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.S.I. 2011/188 art. 2 commences (2007 asp 6)
- S.S.I. 2011/365 art. 3 commences (2011 asp 16)
129 Non-compliance with certain provisions may be waived.S
(1)Non-compliance with—
(a)the provisions of this Act set out in subsection (3) below; or
(b)any rule of practice for the time being in force under this Part of this Act relating to appeals,
shall not prevent the further prosecution of an appeal if the High Court or a judge thereof considers it just and proper that the non-compliance is waived or, in the manner directed by the High Court or judge, remedied by amendment or otherwise.
(2)Where the High Court or a judge thereof directs that the non-compliance is to be remedied, and the remedy is carried out, the appeal shall proceed.
(3)The provisions of this Act referred to in subsection (1) above are:—
section 94
section 103(1), (4), (6) and (7)
section 104(2) and (3)
section 105
section 106(4)
section 111
section 114
section 115
section 116
section 117
section 120(1), (3) and (4)
section 121
section 122
section 126
section 128.
(4)This section does not apply to any rule of practice relating to appeals under section 60 of this Act.
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