Defamation and Malicious Publication (Scotland) Act 2021

35 Consequential modifications

(1) The Defamation Act 1952 is amended as follows—

(a) sections 3, 5, 6 and paragraph (b) of section 14 are repealed,

(b) in section 14 (application of Act to Scotland), in paragraph (d)—

(i) after “pursuer” insert “and”,

(ii) the words from “for” where it second occurs, to the end are repealed.

(2) The Rehabilitation of Offenders Act 1974 is amended as follows—

(a) in section 8(6) (defamation actions: reports of court proceedings), after “1996” insert “, section 9 of the Defamation and Malicious Publication (Scotland) Act 2021”,

(b) in section 8(8) (defamation actions)—

(i) after paragraph (b), the word “and” is repealed,

(ii) for paragraph (c) substitute—

“(c) for references to a defence under section 2 of the Defamation Act 2013 there is substituted a reference to a defence under section 5 of the Defamation and Malicious Publication (Scotland) Act 2021, and

(d) for the reference to a defence under section 3 of the Defamation Act 2013 there is substituted a reference to a defence under section 7 of the Defamation and Malicious Publication (Scotland) Act 2021.”.

(3) The Defamation Act 1996 is amended as follows—

(a) sections 1 to 4, 14, 15, 17(2) and schedule 1 are repealed,

(b) in section 18(2) (provisions extending to Scotland)—

(i) the words “section 1 (responsibility for publication),” are repealed,

(ii) the words “sections 2 to 4 (offer to make amends), except section 3(8),” are repealed,

(iii) the words “section 14 and 15 and Schedule 1 (statutory privilege)” are repealed.

(4) The Defamation Act 2013 is amended as follows—

(a) sections 6, 7(9), 15 and 16(5) are repealed,

(b) in section 17 (short title, extent and commencement)—

(i) in subsection (2), the words “Subject to subsection (3),” are repealed,

(ii) subsections (3) and (5) are repealed,

(iii) in subsection (4), for “subsections (5) and” substitute “subsection”.