After section 8B there is inserted—

“8CModification of section 8B and schedule 3: Scotland

(1)

The Scottish Ministers may by regulations modify the list of circumstances in section 8B(1) in which a person is given an alternative to prosecution by—

(a)

amending an entry,

(b)

removing an entry,

(c)

adding an entry.

(2)

The Scottish Ministers may by regulations modify paragraph 1 of schedule 3 by—

(a)

amending provision specifying when an alternative to prosecution becomes spent,

(b)

removing provision specifying when an alternative to prosecution becomes spent,

(c)

adding provision specifying when an alternative to prosecution becomes spent.

(3)

Regulations under this section—

(a)

may make different provision for different purposes,

(b)

are subject to the affirmative procedure.”.