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Hate Crime and Public Order (Scotland) Act 2021

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PART 6 SGeneral provisions

17Ancillary provisionS

(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.

(2)Regulations under this section may—

(a)make different provision for different purposes,

(b)modify any enactment (including this Act).

(3)Regulations under this section—

(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of this or any other Act,

(b)otherwise, are subject to the negative procedure.

Prospective

18Modifications of enactmentsS

Schedule 2 contains modifications of enactments.

Prospective

19Crown application: criminal offencesS

(1)Nothing in this Act makes the Crown criminally liable.

(2)The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3)Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

Prospective

20Crown application: powers of entryS

(1)A warrant granted under section 5 is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).

Crown landAppropriate authority
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners)The Crown Estate Commissioners
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown EstateThe person managing the land
Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown EstateThe office-holder in the Scottish Administration or, as the case may be, the Government department managing the land
Land an interest in which belongs to Her Majesty in right of Her private estatesThe person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers
Land an interest in which belongs to an office-holder in the Scottish AdministrationThe office-holder in the Scottish Administration
Land an interest in which belongs to a Government departmentThe Government department
Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish AdministrationThe office-holder in the Scottish Administration
Land an interest in which is held in trust for Her Majesty for the purposes of a Government departmentThe Government department

(2)In subsection (1)—

(a)the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

(b)Government department” means a department of the Government of the United Kingdom,

(c)Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

(3)It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final.

21CommencementS

(1)This section and sections 17 and 22 come into force on the day after Royal Assent.

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3)Regulations under subsection (2) may—

(a)include transitional, transitory or saving provision,

(b)make different provision for different purposes.

22Short titleS

The short title of this Act is the Hate Crime and Public Order (Scotland) Act 2021.

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