The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022

Amendment of the Criminal Procedure (Scotland) Act 1995

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5.—(1) The Criminal Procedure (Scotland) Act 1995(1) is amended as follows.

(2) In the italic heading before section 288ZA (Convention rights and EU law compatibility issues, and devolution issues)(2), omit “and EU law”.

(3) In section 288ZA(2) (right of Advocate General to take part in proceedings: meaning of “compatibility issue”)(3)—

(a)in paragraph (a), omit sub-paragraph (ii) and the “or” at the end;

(b)in paragraph (b), omit the words from “or in breach” to “retained EU law)”.

(2)

The italic heading before section 288ZA was substituted by section 34(2) of the Scotland Act 2012 (c. 11).

(3)

Section 288ZA was inserted by section 34(3) of the Scotland Act 2012. Subsection (2) was amended by paragraph 29(2) of Schedule 8 to the European Union (Withdrawal) Act 2018.