Public Order Act 1936

8 Application to Scotland. E+W+S

This Act shall apply to Scotland subject to the following modifications:—

(1) Subsection (2) of section one and subsection (2) of section two of this Act shall not apply.

(2) In subsection (3) of section two the Lord Advocate shall be substituted for the Attorney-General and the Court of Session shall be substituted for the High Court.

(3) Subsection (5) of section two shall have effect as if for any reference to a judge of the High Court there were substituted a reference to the sheriff and any application for a search warrant under the said subsection shall be made by the procurator fiscal instead of such officer as is therein mentioned.

(4) The power conferred on the sheriff by subsection (5) of section two, as modified by the last foregoing paragraph, shall not be exercisable by an [F1 honorary sheriff]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4(2)

F2 S. 8(5) repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2

F3 S. 8(6) repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3), Sch. 3