35.—(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 2001(1) (“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.
S.S.I. 2001/315, as amended by S.S.I. 2010/164; S.S.I. 2011/133; S.S.I. 2012/167; S.S.I. 2012/197; S.I. 2013/2042; S.S.I. 2021/4 and S.S.I. 2022/10.