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EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order commences sections 34 to 38 of the Scotland Act 2012 (“the Act”) on 22nd April 2013. Sections 34 to 36 of the Act make provision in relation to EU law issues and European Convention on Human Rights issues raised in Scottish criminal proceedings. These provisions include provision for a right of appeal to the Supreme Court in relation to such issues. Section 37 of the Act amends the Scotland Act 1998 to impose time limits for seeking permission to appeal to the Supreme Court against a determination of a devolution issue in criminal proceedings. Section 38 requires the Secretary of State to review the provision made by sections 34 to 37 of the Act after these provisions have been in force for 3 years (or earlier if the Secretary of State considers it appropriate).