SCHEDULEANCILLARY PROVISION
Modification of the Matrimonial Homes (Family Protection) (Scotland) Act 19811
Section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 19819, insofar as it continues to have effect despite its repeal, does so as though it were modified as follows—
a
in subsection (1), paragraph (b) and the word “; and” immediately preceding it were omitted;
b
subsection (3) were omitted;
c
after subsection (3) there were inserted—
3A
Subsections (4) and (5) apply when the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest under section 15(3) of this Act.
d
in subsection (4), for “subsection (1)” there were substituted “subsection (3A)”.
Modification of the Children (Scotland) Act 19952
Section 78 of the Children (Scotland) Act 199510 is modified as follows—
a
in subsection (10), paragraph (b) and the word “; and” immediately preceding it are omitted;
b
subsection (12) is repealed;
c
before subsection (13) insert—
12A
Subsection (13) applies where—
a
a person is brought before the sheriff under subsection (11) above; and
b
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.
d
in subsection (13), for “a person is brought before the sheriff under subsection (11) above” substitute “this subsection applies”;
e
after subsection (13) insert—
13A
Subsection (14) applies where—
a
a person has been liberated under subsection (7)(a) above; or
b
the following conditions are met—
i
a person is to be brought before the sheriff under subsection (11) above; and
ii
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.
f
in subsection (14)—
i
for the words from the beginning to “subsection (11) above” substitute “Where this subsection applies”;
ii
for the words from “in the case of” to “, before that” substitute “where the conditions in subsection (13A)(b) above are met, before the”.
Modification of the Protection from Abuse (Scotland) Act 20013
1
The Protection from Abuse (Scotland) Act 200111 is modified as follows.
2
In section 4—
a
in subsection (2)—
i
the words from “informed” to “practicable and” are omitted;
ii
paragraph (a) is omitted;
b
subsections (3) to (5) are repealed.
3
In section 5—
a
in subsection (1), from the words from the beginning to “detained” substitute “Where a person is detained under section 4(2), the”;
b
after subsection (2) there is inserted—
2A
Subsections (3) to (5) apply where, on being brought before the sheriff under this section, the detained person is not accused on petition or charged on complaint with an offence in respect of the facts and circumstances giving rise to the arrest.
Modification of the Civil Partnership Act 20044
Section 116 of the Civil Partnership Act 200412, insofar as it continues to have effect despite its repeal, does so as though it were modified as follows—
a
in subsection (1), paragraph (b) and the word “, and” immediately preceding it were omitted;
b
subsection (4) were omitted;
c
after subsection (4) there were inserted—
4A
Subsections (5) to (7) apply where the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest under section 114(4).
d
in subsection (5), for “subsection (1)” there were substituted “subsection (4A)”.
Modification of S.S.I. 2006/2125
1
Article 13 of the Family Law (Scotland) Act 2006 (Commencement, Transitional Provisions and Savings) Order 200613 is modified as follows.
2
The existing text of the article becomes paragraph 1 of the article.
3
After that paragraph, insert—
2
Paragraph (1) applies subject to regulation 3 and paragraphs 1 and 4 of the schedule of the Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017.
Modification of the Adult Support and Protection (Scotland) Act 20076
1
The Adult Support and Protection (Scotland) Act 200714 is modified as follows.
2
In section 28, subsection (2) is repealed.
3
In section 29(1), paragraph (a) is omitted.
4
Section 30 is repealed.
5
Section 31 is repealed.
6
In section 32—
a
in subsection (1), paragraph (b) and the word “, and” immediately preceding it are omitted;
b
in subsection (2), paragraph (b) and the word “, and” immediately preceding it are omitted.