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Section 17 Effect of repeal on existing liability to certain penaltiesC1C2C3C4C5

(1)

This section applies where an Act of the Scottish Parliament or a Scottish instrument—

(a)

repeals an Act of the Scottish Parliament, or

(b)

revokes a Scottish instrument.

(2)

The repeal or revocation does not affect a liability to a penalty for—

(a)

an offence committed before the repeal or revocation, or

(b)

a breach of the repealed Act or revoked instrument which occurred before the repeal or, as the case may be, revocation.

(3)

Despite the repeal or revocation, the repealed Act or revoked instrument continues to have effect as if it had not been repealed or revoked for the purpose of—

(a)

investigating the offence or breach,

(b)

bringing or completing proceedings for the offence or breach,

(c)

imposing a penalty, forfeiture or punishment for the offence or breach.

Annotations

Modifications

C1

S. 17 excluded (20.4.2018) by Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018 (asp 7), ss. 2(1), 6 (with s. 3)

C2

Ss. 15-17 applied (7.4.2020) by Coronavirus (Scotland) Act 2020 (asp 7), ss. 11(2), 17(1)

C3

Ss. 15-17 applied (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), ss. 8(2), 16(1)

C4

Ss. 15-17 applied (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 51(2), 59(1)

C5

Ss. 15-17 applied (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), ss. 6(2), 13(1)

Notes on Part 1

Modifications

C1

Pt. 1 applied (15.4.2016) by Lobbying (Scotland) Act 2016 (asp 16), ss. 48(4), 52(1)