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Scotland Act 2016

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Scotland Act 2016, Section 32 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 32:

  • specified provision(s) amendment to earlier commencing S.I. 2017/455, reg. 3 by S.I. 2019/1438 reg. 2

32Functions exercisable within devolved competenceU.K.

This section has no associated Explanatory Notes

(1)The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so far as exercisable within devolved competence by virtue of a provision of section 22, 23, 24, 25, 26, 27 or 31, as if references to a “pre-commencement enactment” were to—

(a)an Act passed before or in the same session as the relevant date,

(b)any other enactment made before the relevant date,

(c)subordinate legislation under section 106 of the 1998 Act, to the extent that the legislation states that it is to be treated as a pre-commencement enactment,

but did not include the 1998 Act or this Act (or any amendment made by either of those Acts) or, subject to paragraph (c), an enactment comprised in subordinate legislation under either of those Acts.

(2)In this section—

(a)expressions used in the 1998 Act have the same meaning as in that Act;

(b)in relation to a provision of section 22, 23, 24, 25, 26, 27 or 31, the relevant date for any purpose is the date on which the provision comes into force for that purpose.

(3)In section 53 of the 1998 Act (general transfer of functions), after subsection (3) insert—

(3A)But see sections 9, 32 and 51 of the Scotland Act 2016 (which give “pre-commencement enactment” a different meaning for functions exercisable within devolved competence by virtue of certain provisions of that Act).

Commencement Information

I1S. 32 in force at 5.9.2016 by S.I. 2016/759, reg. 3(i)

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