Regulatory Reform (Scotland) Act 2014 (asp 3)

PART 3 ENVIRONMENTAL REGULATION

CHAPTER 4 MISCELLANEOUS

Publicity and remediation orders: appeals by prosecutor

44 Orders under sections 36 and 41: prosecutor’s right of appeal

(1) The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this section.

(2) In section 108 (Lord Advocate’s rights of appeal against disposal)—

(a) in subsection (1), after paragraph (ca) insert—

“(cb) a decision under section 36(2) of the Regulatory Reform (Scotland) Act 2014 not to make a publicity order;

(cc) a decision under section 41(2) of that Act not to make a remediation order;”,

(b) in subsection (2)(b)(ii), for the words “or (ca)” substitute “, (ca), (cb) or (cc)”.

(3) In section 175 (right of appeal from summary proceedings)—

(a) in subsection (4), after paragraph (ca) insert—

“(cb) a decision under section 36(2) of the Regulatory Reform (Scotland) Act 2014 not to make a publicity order;

(cc) a decision under section 41(2) of that Act not to make a remediation order;”,

(b) in subsection (4A)(b)(ii), for “or (ca)” substitute “, (ca), (cb) or (cc)”.