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Criminal Justice (Scotland) Act 1987

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Changes over time for: Section 46A

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No versions valid at: 01/10/1991

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Point in time view as at 01/10/1991. This version of this provision is not valid for this point in time. Help about Status

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There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1987, Section 46A. Help about Changes to Legislation

Valid from 01/04/1994

[F146A Extension of certain offences to Crown servants and exemptions for regulators etc.S

(1)The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, [F2sections 42 to 43B of this Act] shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.

(2)Section [F243A] of this Act shall not apply to—

(a)any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or

(b)in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.

(3)The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.

(4)The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.

(5)In this section—

  • the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and

  • prescribed” means prescribed by regulations made by the Secretary of State.

(6)The power to make regulations under this section shall be exercisable by statutory instrument.

(7)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1S. 46A inserted (1.4.1994) by 1993 c. 36, ss. 77, Sch. 4 paras. 1,2.

F2Words in s. 46A substituted (1.4.1994) by 1993 c. 36, ss. 77, Sch. 4 para. 2(a)(b).

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