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Scotland Act 2012

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Legislative competenceE+W+S+N.I.

9Continued effect of provisions ceasing to be within legislative competenceE+W+S+N.I.

(1)In section 30 of the 1998 Act (legislative competence: supplementary) after subsection (4) insert—

(5)Subsection (6) applies where any alteration is made—

(a)to the matters which are reserved matters, or

(b)to Schedule 4,

(whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise).

(6)Where the effect of the alteration is that a provision of an Act of the Scottish Parliament ceases to be within the legislative competence of the Parliament, the provision does not for that reason cease to have effect (unless an enactment provides otherwise).

(2)After section 29(4) of that Act (legislative competence) insert—

(5)Subsection (1) is subject to section 30(6).

(3)In section 92 of that Act (Queen's Printer for Scotland), after subsection (4A) (inserted by section 13) insert—

(4B)If, following an alteration such as is mentioned in section 30(5)—

(a)subordinate legislation is made, confirmed or approved under a provision which continues to have effect by virtue of section 30(6), and

(b)the making, confirmation or approval would be within devolved competence but for the alteration,

the subordinate legislation is to be regarded for the purposes of this section as being made, confirmed or approved within devolved competence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 9 in force at 3.7.2012 by S.I. 2012/1710, art. 2(d)

10Air weaponsE+W+S+N.I.

In Part 2 of Schedule 5 to the 1998 Act, in Section B4 (specific reservations: firearms) at the end insert—

Exception

The regulation of air weapons within the meaning given by section 1(3)(b) of the Firearms Act 1968 (which is subject to the following which remain powers of the Secretary of State—

(a)the power to make rules under section 53 of that Act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and

(b)the power to make an order under section 1(4) of the Firearms (Amendment) Act 1988 (specially dangerous weapons to be prohibited)).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 10 in force at 3.7.2012 by S.I. 2012/1710, art. 2(e)

11AntarcticaE+W+S+N.I.

(1)In Part 2 of Schedule 5 to the 1998 Act, under Head L (miscellaneous) at the end insert—

L7. Antarctica Regulation of activities in Antarctica.

InterpretationAntarctica” has the meaning given by section 1 of the Antarctic Act 1994.

(2)The provision inserted by subsection (1) is to be regarded as having been included in Schedule 5 to the 1998 Act since the day on which that Schedule came into force.

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