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Scottish Elections (Representation and Reform) Act 2025

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Prospective

ScheduleSOffences for the purposes of Part 2

(introduced by section 8)

Part 1SSolemn procedure

1SAn offence tried on indictment.

Commencement Information

I1Sch. para. 1 not in force at Royal Assent, see s. 73(2)

Part 2SSummary procedure

Chapter 1SCommon law offences

2SKidnapping.

Commencement Information

I2Sch. para. 2 not in force at Royal Assent, see s. 73(2)

3SAbduction.

Commencement Information

I3Sch. para. 3 not in force at Royal Assent, see s. 73(2)

4SAssault to the danger of life.

Commencement Information

I4Sch. para. 4 not in force at Royal Assent, see s. 73(2)

5SAssault to severe injury.

Commencement Information

I5Sch. para. 5 not in force at Royal Assent, see s. 73(2)

6SAssault with intent to rape or ravish.

Commencement Information

I6Sch. para. 6 not in force at Royal Assent, see s. 73(2)

7SAssault other than a kind listed in paragraphs 4 to 6.

Commencement Information

I7Sch. para. 7 not in force at Royal Assent, see s. 73(2)

8SBreach of the peace.

Commencement Information

I8Sch. para. 8 not in force at Royal Assent, see s. 73(2)

9SCulpable homicide.

Commencement Information

I9Sch. para. 9 not in force at Royal Assent, see s. 73(2)

10SCulpable and reckless conduct.

Commencement Information

I10Sch. para. 10 not in force at Royal Assent, see s. 73(2)

11SCulpable and reckless endangering of the public.

Commencement Information

I11Sch. para. 11 not in force at Royal Assent, see s. 73(2)

12SCulpable and reckless fire-raising.

Commencement Information

I12Sch. para. 12 not in force at Royal Assent, see s. 73(2)

13SDrugging.

Commencement Information

I13Sch. para. 13 not in force at Royal Assent, see s. 73(2)

14SExtortion.

Commencement Information

I14Sch. para. 14 not in force at Royal Assent, see s. 73(2)

15SMalicious mischief.

Commencement Information

I15Sch. para. 15 not in force at Royal Assent, see s. 73(2)

16SMobbing and rioting.

Commencement Information

I16Sch. para. 16 not in force at Royal Assent, see s. 73(2)

17SUttering threats.

Commencement Information

I17Sch. para. 17 not in force at Royal Assent, see s. 73(2)

18SWilful fire-raising.

Commencement Information

I18Sch. para. 18 not in force at Royal Assent, see s. 73(2)

Chapter 2SStatutory offences

Explosive Substances Act 1883S

19An offence under either of the following provisions of the Explosive Substances Act 1883—

(a)section 2 (causing explosion likely to endanger life or property),

(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

Commencement Information

I19Sch. para. 19 not in force at Royal Assent, see s. 73(2)

Criminal Law Act 1977S

20An offence under section 51 (bomb hoaxes) of the Criminal Law Act 1977.

Commencement Information

I20Sch. para. 20 not in force at Royal Assent, see s. 73(2)

Taking of Hostages Act 1982S

21An offence under section 1 of the Taking of Hostages Act 1982 (hostage taking).

Commencement Information

I21Sch. para. 21 not in force at Royal Assent, see s. 73(2)

Rent (Scotland) Act 1984S

22An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

Commencement Information

I22Sch. para. 22 not in force at Royal Assent, see s. 73(2)

Public Order Act 1986S

23An offence under any of the following provisions of the Public Order Act 1986—

(a)section 18 (racial hatred: use of words or behaviour or display of written material),

(b)section 19 (racial hatred: publishing or distributing written material),

(c)section 20 (racial hatred: public performance of play),

(d)section 21 (racial hatred: distributing, showing or playing a recording),

(e)section 22 (racial hatred: broadcasting or including programme in programme service).

Commencement Information

I23Sch. para. 23 not in force at Royal Assent, see s. 73(2)

Criminal Justice Act 1988S

24An offence under section 134 (torture) of the Criminal Justice Act 1988.

Commencement Information

I24Sch. para. 24 not in force at Royal Assent, see s. 73(2)

Trade Union and Labour Relations (Consolidation) Act 1992S

25An offence under section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance by violence or otherwise).

Commencement Information

I25Sch. para. 25 not in force at Royal Assent, see s. 73(2)

Criminal Law (Consolidation) (Scotland) Act 1995S

26An offence under either of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a)section 50A (racially aggravated harassment),

(b)section 52 (vandalism).

Commencement Information

I26Sch. para. 26 not in force at Royal Assent, see s. 73(2)

Communications Act 2003S

27An offence under section 127 of the Communications Act 2003 (improper use of public electronic communications network).

Commencement Information

I27Sch. para. 27 not in force at Royal Assent, see s. 73(2)

Sexual Offences (Scotland) Act 2009S

28An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(a)section 2 (sexual assault by penetration),

(b)section 3 (sexual assault),

(c)section 8 (sexual exposure).

Commencement Information

I28Sch. para. 28 not in force at Royal Assent, see s. 73(2)

Criminal Justice and Licensing (Scotland) Act 2010S

29An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a)section 38 (threatening or abusive behaviour),

(b)section 39 (stalking).

Commencement Information

I29Sch. para. 29 not in force at Royal Assent, see s. 73(2)

Hate Crime and Public Order (Scotland) Act 2021S

30An offence under either of the following provisions of the Hate Crime and Public Order (Scotland) Act 2021—

(a)section 3 (racially aggravated harassment),

(b)section 4 (offences of stirring up hatred).

Commencement Information

I30Sch. para. 30 not in force at Royal Assent, see s. 73(2)

Part 3SOther

Inchoate offencesS

31An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 30 of this schedule.

Commencement Information

I31Sch. para. 31 not in force at Royal Assent, see s. 73(2)

32An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 30 of this schedule.

Commencement Information

I32Sch. para. 32 not in force at Royal Assent, see s. 73(2)

Superseded offencesS

33An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 30 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Commencement Information

I33Sch. para. 33 not in force at Royal Assent, see s. 73(2)

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