Police, Public Order and Criminal Justice (Scotland) Act 2006

94 Section 92: further provision

(1) The Scottish Ministers may, by order, provide further as to the procedure to be followed under section 92 or otherwise so as to give full effect to that section.

(2) An order under subsection (1) may, in particular—

(a) apply, with modifications, provisions of Part VIII of the 1995 Act (appeals from solemn proceedings);

(b) modify that Part of that Act.

(3) The Scottish Ministers may, by order, make provision as to how—

(a) any period in custody served under a sentence for which another sentence is substituted under section 92(7), (9) or (11);

(b) any period during which a person was on release on licence or unconditionally under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) in respect of such a sentence before the date on which the person would (but for the release) have served the sentence in full,

is to be taken into account, for the purposes of the later sentence, in the calculation of periods of time under Part 1 of that Act.

(4) An order under subsection (3) may, in particular, modify that Act.