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Defamation and Malicious Publication (Scotland) Act 2021

Section 39: Commencement

163.Section 39 makes provision in relation to the commencement of the Act. The sections on interpretation, regulations, commencement and the short title came into force automatically on 22 April 2021, being the day after the Act received Royal Assent. The other substantive provisions will come into force in accordance with regulations made by the Scottish Ministers.

164.Section 32(5) provides for the insertion of new subsection (3A) into section 18A of the Prescription and Limitation (Scotland) Act 1973, which makes saving provision in relation to existing rights of action. Section 39(4) would allow this provision to be clarified at the point of commencement so that, rather than a general reference to the day on which section 32 of this Act comes into the force, section 18A(3A) would contain a reference to a specific calendar date.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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