SCHEDULE 7Order-making powers: modifications of enactments

(introduced by section 29)

F1Deregulation and Contracting Out Act 1994 (c. 40)

Annotations:
Amendments (Textual)
F1

Sch. 7 ceases to have effect (2.8.2015) by virtue of Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(2)(3) (with s. 134(4)(5)); however, Sch. 7 continues to have effect until 4.6.2020 by virtue of The Public Services Reform (Scotland) Act 2010 (Part 2 Extension) Order 2015 (S.S.I. 2015/234), arts. 1, 2; which continuation is further extended until 5.5.2025 by The Public Services Reform (Scotland) Act 2010 (Part 2 Further Extension) Order 2020 (S.S.I. 2020/140), arts. 1, 2

I11

1

The Deregulation and Contracting Out Act 1994 is amended as follows.

2

Sections 1 to 5 and Schedule 1 are repealed.

3

In section 6 (model provisions with respect to appeals), in subsection (7)—

a

in the definition of “enactment”—

i

the word “and” is omitted,

ii

at the end insert “ , an enactment contained in an Act of the Scottish Parliament (whenever passed) and an enactment contained in an instrument made under an Act of the Scottish Parliament (whenever made) ”,

b

for the definition of “enforcement action” substitute—

“enforcement action” means—

a

in relation to any restriction, requirement or condition, any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and

b

in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;

c

for the definition of “interested person” substitute—

“interested person” means—

a

the person against whom enforcement action may be or has been taken;

b

any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or

c

where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;

4

Sub-paragraph (2) does not affect the continuation in force of any order under section 1 of that Act which was made on or before the day on which that sub-paragraph comes into force.

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

I22

In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (minor and consequential amendments), paragraph 96 is repealed.