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PART VIIIS Appeals from Solemn Proceedings

Modifications etc. (not altering text)

C1 Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)

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:—

(4)This section does not apply to any rule of practice relating to appeals under section 60 of this Act.