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Custodial Sentences and Weapons (Scotland) Act 2007
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This version of this part contains provisions that are prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Custodial Sentences and Weapons (Scotland) Act 2007,
Part 4
is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 4:
- s. 29A inserted by 2010 asp 13 s. 18(6)
- s. 42A inserted by 2010 asp 13 Sch. 3 para. 6
- s. 45(1)(za) (zb) inserted by 2010 asp 13 Sch. 3 para. 7(2)
- s. 46A inserted by 2010 asp 13 s. 18(7)
- s. 47(3A) inserted by 2010 asp 13 s. 18(8)(c)
- s. 47(8)(a) (b) substituted for words by 2010 asp 13 s. 18(8)(e)
- s. 51(1A) inserted by 2010 asp 13 Sch. 3 para. 9(3)
- Sch. 2 para. 1(4) added by 2010 asp 13 Sch. 3 para. 13(3)(c)
- Sch. 2 para. 7(1A) inserted by 2010 asp 13 Sch. 3 para. 13(8)
- Sch. 3 para. 2A inserted by 2010 asp 13 Sch. 3 para. 14(3)
- Sch. 3 para. 3(3) inserted by 2010 asp 13 Sch. 3 para. 14(4)(b)
- Sch. 3 para. 3A inserted by 2010 asp 13 Sch. 3 para. 14(5)
- Sch. 3 para. 5(4A) inserted by 2010 asp 13 Sch. 3 para. 14(6)(d)
- Sch. 3 para. 5(6) inserted by 2010 asp 13 Sch. 3 para. 14(6)(e)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 29A inserted by 2010 asp 13 s. 18(6)
- s. 42A inserted by 2010 asp 13 Sch. 3 para. 6
- s. 45(1)(za) (zb) inserted by 2010 asp 13 Sch. 3 para. 7(2)
- s. 46A inserted by 2010 asp 13 s. 18(7)
- s. 47(3A) inserted by 2010 asp 13 s. 18(8)(c)
- s. 47(8)(a) (b) substituted for words by 2010 asp 13 s. 18(8)(e)
- s. 51(1A) inserted by 2010 asp 13 Sch. 3 para. 9(3)
- Sch. 2 para. 1(4) added by 2010 asp 13 Sch. 3 para. 13(3)(c)
- Sch. 2 para. 7(1A) inserted by 2010 asp 13 Sch. 3 para. 13(8)
- Sch. 3 para. 2A inserted by 2010 asp 13 Sch. 3 para. 14(3)
- Sch. 3 para. 3(3) inserted by 2010 asp 13 Sch. 3 para. 14(4)(b)
- Sch. 3 para. 3A inserted by 2010 asp 13 Sch. 3 para. 14(5)
- Sch. 3 para. 5(4A) inserted by 2010 asp 13 Sch. 3 para. 14(6)(d)
- Sch. 3 para. 5(6) inserted by 2010 asp 13 Sch. 3 para. 14(6)(e)
Part 4 SGeneral
Prospective
64Ancillary provisionS
(1)The Scottish Ministers may by order make such incidental, supplementary, consequential, transitory, transitional or saving provision as they consider appropriate for the purposes of, in consequence of or for giving full effect to this Act or any provision of it.
(2)An order under subsection (1) may modify any enactment (including this Act), instrument or document.
65Rules, regulations and ordersS
(1)The powers conferred by this Act on the Scottish Ministers to make F1... regulations and orders are exercisable by statutory instrument.
(2)Each of those powers includes power to make—
(a)different provision for different purposes,
(b)supplementary, incidental, consequential, transitory, transitional or saving provision.
(3)Subject to subsection (4), a statutory instrument containing F1... regulations or an order under this Act (other than an order under section 67) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)A statutory instrument containing—
(a)an order under section 4(2), 7, 47(1)(b) or 57(1) or paragraph 6 of schedule 3,
(b)an order under section 64(1) which contains provision modifying an Act, or
(c)regulations under paragraph 3(1) or 17 of schedule 1,
may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Textual Amendments
F1Word in s. 65(1)(3) repealed (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 47(3), 63(2); S.S.I. 2020/283, reg. 2(l)
66Minor and consequential amendments and repealsS
(1)Schedule 4 (which contains minor amendments and amendments consequential on the provisions of this Act) has effect.
(2)The enactments mentioned in the first column in schedule 5 are repealed to the extent set out in the second column.
(3)Schedule 6 (which contains certain transitory amendments of the Prisoners and Criminal Proceedings (Scotland) Act 1993) has effect.
Commencement Information
67Short title and commencementS
(1)This Act may be cited as the Custodial Sentences and Weapons (Scotland) Act 2007.
(2)This Act (other than this section and section 65) shall come into force on such day as the Scottish Ministers may by order appoint.
(3)Different days may be appointed under subsection (2) for different purposes.
Subordinate Legislation Made
P1S. 67(2) power partly exercised: different dates appointed for specified provisions and purposes by S.S.I. 2007/431, art. 3
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