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Hunting with Dogs (Scotland) Act 2023

Part 4: General provisions

Section 26: Ancillary provision

204.This section sets out that the Scottish Ministers can make ancillary provision, by regulations, where appropriate. Regulations made under this section may modify any legislation, including the Act itself.

Section 27: Interpretation

205.This section sets out definitions of terms commonly used in the Act.

Section 28: Repeal of the Protection of Wild Mammals (Scotland) Act 2002 and consequential modifications

206.This section repeals the Protection of Wild Mammals (Scotland) Act 2002. It also adds reference to the Act to section 17(4) of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, which means that the report to be prepared under that section will include those who have committed an offence under the Act.

Section 29: Crown application: criminal offences

207.The Act applies to the Crown under section 20(1) of the Interpretation and Legislative Reform (Scotland) Act 2010.

208.Subsection (1) makes clear that nothing in the Act makes the Crown criminally liable, but subsection (3) provides that this does not affect the criminal liability of persons in the service of the Crown.

209.Subsection (2) allows the Court of Session to declare unlawful acts or omissions for which the Crown would be criminally liable if it were not for subsection (1).

Section 30: Crown application: powers of entry

210.This section provides that the powers of entry contained in the Act (and which are set out in the schedule) are exercisable in relation to Crown land only with the consent of the appropriate authority.

211.The appropriate authority for each type of Crown land is set out in the table.

212.Subsection (2) sets out definitions of terms used in subsection (1).

Section 31: Commencement

213.This section sets out when the provisions of the Act will come into force (i.e. have legal effect). Most provisions will be brought into force by regulations as determined by the Scottish Ministers. These regulations will be laid before the Scottish Parliament but will not otherwise be subject to any parliamentary procedure. However, this section, section 26 (ancillary provision) and section 32 (short title) come into force automatically on the day after Royal Assent is granted.

214.Subsection (2) provides that commencement regulations may include transitional, transitory or saving provision and may make different provision for different purposes.

Section 32: Short title

215.This section provides for the short title to be the Hunting with Dogs (Scotland) Act 2023.

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Explanatory Notes

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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