PART 5Revocation, transitional and savings provision
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1
Subject to paragraphs (3),(4) and (5), the instruments listed in schedule 2 are revoked.
2
Subject to paragraph (5), where a case has been referred to the Board before 1 April 2023, but a decision has not been made in respect of that case, these Rules apply to that case as if it had been referred on or after that date.
3
Where these Rules apply to a case by virtue of paragraph (2)—
a
anything done under the Parole Board (Scotland) Rules 200118 (“the 2001 Rules”) in relation to the case is to be treated as if it was done under these Rules,
b
the Board or, as the case may be, the panel considering the case may, if it determines that it is necessary in the interests of justice—
i
vary any requirement of these Rules, or
ii
determine instead that the case should continue to be dealt with under the 2001 Rules.
4
Anything done by the Board or a panel under paragraph (3)(b) must be recorded in the decision minute in relation to the case.
5
The instruments listed in schedule 2 continue to apply for the purpose of a case to which paragraph (3)(b)(ii) applies.