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PART 2 SDisclosure of convictions

Regulation-making and other powersS

Prospective

31Powers as to alternatives to prosecutionS

(1)The 1974 Act is amended as follows.

(2)After section 8B there is inserted—

8CModification of section 8B and schedule 3: Scotland

(1)The Scottish Ministers may by regulations modify the list of circumstances in section 8B(1) in which a person is given an alternative to prosecution by—

(a)amending an entry,

(b)removing an entry,

(c)adding an entry.

(2)The Scottish Ministers may by regulations modify paragraph 1 of schedule 3 by—

(a)amending provision specifying when an alternative to prosecution becomes spent,

(b)removing provision specifying when an alternative to prosecution becomes spent,

(c)adding provision specifying when an alternative to prosecution becomes spent.

(3)Regulations under this section—

(a)may make different provision for different purposes,

(b)are subject to the affirmative procedure..

32How particular powers are exercisableS

(1)The 1974 Act is amended as follows.

(2)After section 10 there is inserted—

10AOrder-making powers: Scottish Ministers

(1)Any power exercisable by the Scottish Ministers to make an order under this Act includes power—

(a)to make different provision for different purposes,

(b)to make incidental, supplementary, consequential, transitional, transitory or saving provision.

(2)To the extent that the power to make an order under section 5(11) is exercisable by the Scottish Ministers, that power includes power exercisable by the Scottish Ministers to make consequential provision modifying any enactment (including this Act)..

Commencement Information

I1S. 32 in force at 21.12.2019 by S.S.I. 2019/413, reg. 2(a)