Explanatory Notes

Hate Crime and Public Order (Scotland) Act 2021

2021 asp 14

23 April 2021

The Act

Part 6 – General provisions

Section 18 and schedule 2 – Modifications of enactments

97.Section 18 introduces schedule 2, which contains modifications of certain enactments.

98.Paragraphs 1 to 5 of schedule 2 provides for a number of repeals and amendments consequential upon the new provision being made in the Act.

99.Paragraph 1 repeals and amends certain provisions of the Public Order Act 1986. Paragraph 2 provides that the offence of racially-aggravated harassment provided for in the Criminal Law (Consolidation) (Scotland) Act 1995 is repealed. Paragraph 3 provides that the statutory aggravation in respect of race provided for in section 96 of the Crime and Disorder Act 1998 is repealed. Paragraph 4 provides that the statutory aggravation in respect of religion provided for in section 74 of the Criminal Justice (Scotland) Act 2003 is repealed. Paragraph 5 provides that the statutory aggravations in relation to disability, sexual orientation and transgender identity provided for in the Offences (Aggravation by Prejudice) (Scotland) Act 2009 are repealed.