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[uk-legislation-asp][asp] 2022-02-05 Carer’s Allowance Supplement (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/20/2021-11-16
http://www.legislation.gov.uk/asp/2021/20/2021-11-16 Carer’s Allowance Supplement (Scotland) Act 2021 2021-11-30 Statute Law Database 2021-11-16 Carer’s Allowance Supplement (Scotland) Act 2021 2021 asp 20 An Act of the Scottish Parliament to make provision about increasing the amount of the carer's allowance supplement. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th October 2021 and received Royal Assent on 15th November 2021 Increased amount of carer’s allowance supplement in respect of the period of 1 October 2021 to 31 March 2022 1 In section 81 (carer’s allowance supplement) of the Social Security (Scotland) Act 2018— a in subsection (4), after “formula” insert “(but see also subsection (4B))” , b after subsection (4) insert— 4B The amount of a carer’s allowance supplement in respect of the period of 1 October 2021 to 31 March 2022 is £231.40 greater than that calculated according to the formula in subsection (4). . Power to increase amount of carer’s allowance supplement 2 The Social Security (Scotland) Act 2018 is amended as follows— a in section 81, after subsection (4B) insert— 4C The Scottish Ministers may by regulations modify this section so as to provide that the amount of a carer’s allowance supplement in respect of such period as may be specified in the regulations is an amount greater than the amount calculated according to the formula in subsection (4). , b in section 96 (regulation-making powers), in subsection (2), for “81(8)” substitute “81(4C) and (8)” . Commencement 3 1 This section and sections 1 and 4 come into force on the day after Royal Assent. 2 Section 2 comes into force on such day as the Scottish Ministers may by regulations appoint. 3 The power conferred by subsection (2) includes the power to make transitional, transitory or saving provision. Short title 4 The short title of this Act is the Carer’s Allowance Supplement (Scotland) Act 2021. S. 1 in force at 16.11.2021, see s. 3(1) S. 2 not in force at Royal Assent, see s. 3(2) S. 3 in force at 16.11.2021, see s. 3(1) S. 4 in force at 16.11.2021, see s. 3(1)
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[uk-legislation-asp][asp] 2023-07-07 Fireworks and Pyrotechnic Articles (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/9/2023-06-22
http://www.legislation.gov.uk/asp/2022/9/2023-06-22 Fireworks and Pyrotechnic Articles (Scotland) Act 2022 Statute Law Database 2023-07-07 Expert Participation 2023-06-22 Fireworks and Pyrotechnic Articles (Scotland) Act 2022 2022 asp 9 An Act of the Scottish Parliament to make provision for licensing the purchase, acquisition, possession and use of certain fireworks; to prevent the supply of certain fireworks and pyrotechnic articles to persons under the age of 18; to limit the supply and use of certain fireworks to particular periods; to provide for the creation of firework control zones; to make provision prohibiting possession of fireworks and pyrotechnic articles in certain circumstances; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th June 2022 and received Royal Assent on 10th August 2022 Part 1 Key concepts Meaning of “firework” and “pyrotechnic article” 1 1 In this Act— “ firework ” means a pyrotechnic article which— is a firework for the purposes of the following British Standards or any British Standard replacing them— BS EN 15947:2015, or BS EN 16261:2012, or would be a firework for those purposes if it were intended as a form of entertainment, “ pyrotechnic article ” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions. 2 But, for the purposes of this Act, a projectile, propelling charge or blank ammunition used in a portable firearm, other gun or artillery is not a pyrotechnic article. 3 The Scottish Ministers may by regulations modify— a subsection (1) to amend or replace the definition of “firework”, or b subsection (2) to add, amend or remove articles or descriptions of types of articles that are not to be treated as a pyrotechnic article for the purposes of this Act. 4 Regulations under subsection (3) are subject to the affirmative procedure. Categories of fireworks 2 1 In this Act— “ category F1 firework ” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings, “ category F2 firework ” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas, “ category F3 firework ” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health, “ category F4 firework ” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health. 2 The Scottish Ministers may by regulations— a modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks, b make further provision about the requirements a person must meet to demonstrate “ specialist knowledge ” for the purposes of the definition of a “category F4 firework”. 3 Regulations— a under subsection (2) (a) are subject to the affirmative procedure, b under subsection (2) (b) are subject to the negative procedure. Part 2 Fireworks licensing Fireworks which require a licence Application of Part 3 1 This Part applies to the following fireworks— a category F2 fireworks, and b category F3 fireworks. 2 The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks. 3 Regulations under subsection (2) are subject to the affirmative procedure. Fireworks licensing Requirement to have fireworks licence 4 1 It is an offence for a person, without reasonable excuse, to purchase, acquire, possess or use a firework to which this Part applies without having a fireworks licence. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is not an offence under subsection (1) for a non-natural person to purchase, acquire, possess or use a firework without having a fireworks licence if such purchase, acquisition, possession or use is done on its behalf by a person who has a fireworks licence. 4 This section is subject to section 38 and schedule 1 (exemptions). Supply of fireworks to unlicensed persons 5 1 It is an offence for a person, without reasonable excuse, to supply a firework to which this Part applies to a person who does not have a fireworks licence. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the firework was supplied had a fireworks licence or was exempt under schedule 1. 4 It is the duty of each local weights and measures authority to enforce this section in its area in so far as it relates to the supply of fireworks by a person in the course of business. 5 In this section, “supply” of a firework includes— a selling it, b exchanging it for a consideration other than money, c giving it as a prize or otherwise making a gift of it, d otherwise making the firework available. 6 This section is subject to section 38 and schedule 1 (exemptions). Process for licensing Applying for fireworks licence: general requirements 6 1 A person aged 18 years or over may apply to the Scottish Ministers for the grant of a fireworks licence. 2 An application for a fireworks licence must— a comply with any regulations made under subsection (3) , and b comply with the mandatory requirements in section 7 . 3 The Scottish Ministers may by regulations— a set out the form and content of the application, b specify the manner in which applications must be made, c specify the information to be provided in the application, d specify any supporting documents to be provided by an applicant, e set the fees payable (if any) and specify to whom the fees are payable, and f make provision for the time in which an application must be made. 4 Without limiting the generality of subsection (3) (e) , when setting the fees payable under this section the Scottish Ministers— a must have regard to the reasonable costs of carrying out functions under this Part, but b if it is considered appropriate to do so, may charge a nominal fee or remit the fee altogether. 5 Regulations under subsection (3) are subject to the negative procedure. Applying for fireworks licence: mandatory requirements 7 1 When applying for a fireworks licence, an applicant must— a disclose any convictions in relation to a relevant offence, b disclose details of any previous fireworks licences that were revoked or cancelled, and c provide evidence of having completed a fireworks training course on the safe, lawful and appropriate use of fireworks that complies with section 8 no earlier than 3 months before making the application. 2 The Scottish Ministers may by regulations specify additional mandatory requirements that an applicant for a fireworks licence must meet. 3 Regulations under subsection (2) are subject to the negative procedure. 4 In this section, “ relevant offence ” means— a an offence under this Act, b an offence under— i the Fireworks Act 2003 and any regulations made under that Act, ii the Pyrotechnic Articles (Safety) Regulations 2015 ( S.I. 2015/1553 ), iii the Explosives Substances Act 1883, or iv the Explosives Act 1875, c wilful fire-raising or culpable and reckless fire-raising, or d any other offence where the misuse of fire, fireworks or pyrotechnic articles has been a factor. Fireworks training course 8 1 The Scottish Ministers may by regulations make provision in relation to fireworks training courses for the purposes of section 7 (1) (c) . 2 Regulations under subsection (1) may include provision for— a training requirements, such as— i the content of such courses, ii the accreditation by the Scottish Ministers of such courses and the persons providing such courses, and iii requiring that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be specified in the regulations, b the form of such courses, c the minimum criteria for successful completion of such courses, and d how successful completion of such courses is recorded. 3 Any person providing a fireworks training course must have regard to any guidance issued by the Scottish Ministers for the purposes of this section. 4 The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance). 5 Regulations under subsection (1) are subject to the negative procedure. Grant of fireworks licence 9 1 The Scottish Ministers may grant a fireworks licence only if— a a valid application and any applicable fees have been received, b the requirements under sections 6 and 7 have been met, and c they are satisfied that the applicant can be permitted to possess and use fireworks safely, lawfully and appropriately. 2 If the Scottish Ministers decide to refuse to grant a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision. Fireworks licence: conditions and further provision 10 1 All fireworks licences are subject to the following conditions— a a licence is valid only for the person named on the licence and is not transferable, b a licence is valid only for the period specified on the licence, and c a licensed person must inform the Scottish Ministers of any change of circumstances specified in regulations under subsection (4) (c) . 2 The Scottish Ministers— a must attach to a fireworks licence any additional conditions specified in regulations under subsection (4)(d)(i), and b may attach to a fireworks licence any optional conditions specified in regulations under subsection (4)(d)(ii). 3 If the Scottish Ministers decide to attach an optional condition to a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision. 4 The Scottish Ministers may by regulations— a specify the form and content of a fireworks licence, b determine the length of time for which licences may be granted, c specify the changes of circumstances that a licensed person must inform the Scottish Ministers of, and d make provision for any— i additional conditions that must be attached to a fireworks licence, and ii optional conditions that may be attached to a fireworks licence. 5 Regulations under subsection (4) are subject to the negative procedure. Register of fireworks licence applications and licensed persons 11 1 The Scottish Ministers must establish and maintain a register of fireworks licence applications and licensed persons. 2 The Scottish Ministers may by regulations make provision for— a the details of licence applications required to be kept on the register, including whether or not an application was granted and, if applicable, the grounds for refusal, b the details about licensed persons required to be kept on the register, and c the length of time such details are to be kept on the register. 3 Regulations under subsection (2) are subject to the negative procedure. Revocation of fireworks licence 12 1 The Scottish Ministers may revoke a person’s fireworks licence if— a the person breaches any condition of the licence, or b the person is convicted of a relevant offence (whether or not the convicting court cancelled the fireworks licence under section 13 ). 2 A person whose fireworks licence is revoked under this section is prohibited from applying for a new fireworks licence— a in a case where the licence was cancelled by a court under section 13 , within the period specified in section 13 (3) , or b in any other case, within the period of 12 months beginning with day on which the licence was revoked. 3 A fireworks licence is revoked by the Scottish Ministers giving notice of the revocation to the person who has the fireworks licence. 4 A notice under subsection (3) must— a be given no later than 7 days before it is to take effect, and b require the person to surrender— i the person’s fireworks licence, and ii any firework to which this Part applies in the person’s possession, in the manner and by the date specified in the notice. 5 It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice given under subsection (3) . 6 A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. 7 If the Scottish Ministers decide to revoke a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision. 8 If a person appeals under section 14 against a decision to revoke the person’s fireworks licence— a the revocation does not take effect, but b the person must still comply with the requirements of the notice given under subsection (3) , pending the determination or withdrawal of the appeal. 9 In this section , “ relevant offence ” has the meaning given in section 7 (4) . Notification of convictions and cancellation of fireworks licence 13 1 This section applies if a person who has a fireworks licence is convicted of a relevant offence. 2 The court may cancel the person’s fireworks licence. 3 A person whose fireworks licence is cancelled under this section is prohibited from applying for a new fireworks licence within the period of 12 months beginning with the day on which the licence was cancelled. 4 If the court cancels the person’s fireworks licence, it— a must notify the Scottish Ministers of the cancellation, and b may make an order for forfeiture under section 48 . 5 If the court does not cancel the person’s fireworks licence, it must notify the Scottish Ministers of the conviction. 6 In this section, “ relevant offence ” has the meaning given in section 7 (4) . Appeals 14 1 A person may appeal to the appropriate sheriff against a decision of the Scottish Ministers— a to refuse to grant the person a fireworks licence under section 9 , b to attach an optional condition to the person’s fireworks licence under section 10 (2) (b), or c to revoke the person’s fireworks licence under section 12 (1) . 2 An appeal must be made within the period of 21 days beginning with the day on which the decision appealed against was made. 3 An appeal under this section is to be determined on the merits (and not by way of review). 4 The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the Scottish Ministers made the decision being appealed against. 5 On determining the appeal, the sheriff may— a dismiss the appeal, b give the Scottish Ministers such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal. 6 The determination of the sheriff may be appealed against only on a point of law. 7 In this section, “ the appropriate sheriff ” means— a in a case where the appellant resides in Scotland, a sheriff of the sheriffdom in which the appellant resides, or b in a case where the appellant resides outwith Scotland, a sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh. Offences relating to fireworks licence applications False statements 15 1 It is an offence for a person to knowingly or recklessly make any statement which is false in any material particular for the purposes of obtaining a fireworks licence. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). False or altered licences and documents 16 1 It is an offence for a person to produce a false fireworks licence or other false document purporting to prove an exemption under schedule 1 . 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). General Power of Scottish Ministers to make arrangements for certain functions 17 1 The Scottish Ministers may make arrangements for a person to perform some or all of their functions under this Part. 2 Subsection (1) does not include any power of the Scottish Ministers to make regulations under this Part. 3 The making of arrangements under this section to perform a function does not— a affect the Scottish Ministers’ responsibility for the performance of the function, or b prevent the Scottish Ministers from performing the function. Power to make further provision 18 1 The Scottish Ministers may by regulations make further provision for the purposes of this Part. 2 Without limiting the generality of subsection (1) , regulations under that subsection may make provision— a about the verification of applications and supporting documents, b about the sharing of information (for example, in connection with the verification of applications or the enforcement of this Part). 3 Regulations under subsection (1) are subject to the affirmative procedure. Regulations: consultation 19 1 Before making any regulations under this Part, the Scottish Ministers must consult such persons as they consider are likely to be interested in or affected by the licensing of fireworks. 2 Subsection (1) does not apply to regulations under section 3 . Part 3 Restrictions on supply and use of fireworks and pyrotechnic articles Application of Part Application of Part 20 1 In this Part— a section 21 applies to all pyrotechnic articles other than— i category F1 fireworks, and ii percussion caps for toys that are intended for use by children under the age of 14, b section 22 applies to— i category F2 fireworks, and ii category F3 fireworks, and c section 24 applies to— i category F2 fireworks, and ii category F3 fireworks. 2 The Scottish Ministers may by regulations— a modify subsection (1) (a) to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles, and b modify subsection (1) (b) or (c) to add, amend or remove categories, types, classifications or descriptions of fireworks. 3 Regulations under subsection (2) are subject to the affirmative procedure. Prohibition on supply to children Prohibition on providing fireworks or pyrotechnic articles to children 21 1 It is an offence for a person to knowingly— a buy or attempt to buy a firework or other pyrotechnic article to which this section applies for a person under the age of 18, or b give or otherwise make available a firework or other pyrotechnic article to which this section applies to a person under the age of 18. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is not an offence under subsection (1) for a person to buy or attempt to buy a pyrotechnic article for, or give or otherwise make one available to, a person under the age of 18 if— a the manufacturer of the pyrotechnic article designed it to be used as a visual distress signal, and b the person intends that the person under the age of 18 will use the pyrotechnic article only in appropriate circumstances. 4 This section is subject to section 38 and schedule 1 (exemptions). Days of supply and use of fireworks Restriction on days of supply of fireworks 22 1 It is an offence for a person to supply fireworks to which this section applies on days other than those specified in subsection (3) . 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 The supply of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)— a 7 April to 14 April, b 27 October to 10 November, c 26 December to 31 December, d the first day of Chinese New Year and the 3 days immediately preceding it, e the first day of Diwali and the 3 days immediately preceding it. 4 It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the fireworks were supplied was exempt under schedule 1 . 5 It is the duty of each local weights and measures authority to enforce this section in its area. 6 The Scottish Ministers may by regulations modify subsection (3) to add, amend or remove a day or a period of days. 7 Regulations under subsection (6) are subject to the affirmative procedure. 8 In this section, “supply” of fireworks includes— a selling them, b exchanging them for any consideration other than money, and c giving them as a prize or otherwise making a gift of them, but does not include supplying them otherwise than in the course of a business. 9 This section is subject to section 38 and schedule 1 (exemptions). Alignment of days when licence required to supply 23 1 The Fireworks Regulations 2004 ( S.I. 2004/1836 ) are modified as follows. 2 Regulation 9(2) has effect as if for the days and periods specified in paragraphs (a) to (d) of that regulation (being the days on which certain fireworks may be supplied or exposed for supply without requiring a licence granted under regulation 9(1)), there are substituted the days and periods specified in section 22(3) of this Act. 3 The modification in subsection (2) applies only in relation to— a category F2 fireworks, and b category F3 fireworks. Restriction on days of use of fireworks 24 1 It is an offence for a person to use fireworks to which this section applies on days other than those specified in subsection (3) . 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 The use of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)— a 7 April to 16 April, b 27 October to 12 November, c 26 December to 2 January, d the 3 days immediately preceding the first day of Chinese New Year to the seventh day after the first day of Chinese New Year, e the 3 days immediately preceding the first day of Diwali to the seventh day after the first day of Diwali. 4 The Scottish Ministers may by regulations modify subsection (3) to add, amend or remove a day or a period of days. 5 Regulations under subsection (4) are subject to the affirmative procedure. 6 This section is subject to section 38 and schedule 1 (exemptions). Compensation Compensation for specialist firework businesses affected by section 22 25 1 The Scottish Ministers may by regulations make provision for or about the payment of compensation to relevant persons in consequence of— a the coming into force of section 22 , or b the coming into force of a modification under section 22 (6) which further limits the days on which fireworks may be supplied. 2 In subsection (1) , a “relevant person” is a person whose trade or business was wholly or mainly concerned with the supply, distribution or importation of fireworks in Scotland immediately before the coming into force of section 22 or a modification of the kind described in subsection (1) (b) . 3 Without limiting the generality of subsection (1) , regulations under that subsection may— a make further provision about who qualifies as a relevant person, b set out the circumstances in which compensation is payable, c make provision about the calculation of compensation, d set out the procedure to be followed in connection with claiming compensation, e provide for the review of decisions made under the regulations, and f make provision about appeals against decisions made under the regulations. 4 Regulations under this section are subject to the affirmative procedure. Part 4 Firework control zones Application of Part 26 1 This Part applies to— a category F2 fireworks, b category F3 fireworks, and c category F4 fireworks. 2 The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks. 3 Regulations under subsection (2) are subject to the affirmative procedure. Firework control zones 27 1 At any time, a local authority may (in accordance with this Part )— a designate a place within its area as a firework control zone, b amend a zone (including the period for which it is to have effect or days on which it is to operate), or c revoke a zone. 2 It is an offence for a person to— a ignite a firework to which this Part applies in a firework control zone, or b knowingly or recklessly— i throw or cast a lit firework to which this Part applies into a firework control zone, or ii fire a firework to which this Part applies into a firework control zone. 3 A firework control zone operates and the offence in subsection (2) applies on all days that the zone has effect unless the designation specifies particular days on which the zone is to operate, in which case the offence applies on those days only. 4 A person who commits an offence under subsection (2) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 5 This section is subject to section 38 and schedule 1 (exemptions). Prior consultation on proposals 28 1 Before designating a place as a firework control zone or amending or revoking a zone, a local authority must— a prepare and publish its proposal in relation to the designation, amendment or revocation of the zone, and b consult— i persons who live or work in the place which will be affected by the proposal, ii other members of the local community in or near the place, iii any other persons or bodies that the local authority considers to have a connection with, be interested in or affected by the proposal. 2 The proposal must, in particular, set out— a the reasons for the proposed designation of a place as a firework control zone, or, as the case may be, the amendment or revocation of a zone, b the boundaries of the zone, c the date from which the proposal is to have effect and the date on which it is proposed that the zone is to cease to have effect, d the consultation dates, and e how the consultation is to be conducted. 3 The proposal may set out specific days on which the zone is to operate for the purpose of section 27 (3) . Publication of decision on proposal 29 1 Following a consultation on a proposal published under section 28 (1) , a local authority must publish a document which— a confirms whether or not it is proceeding with the proposal, b sets out any changes to the proposal which have been made (whether or not as a result of the consultation), and c explains how it had regard to the views expressed during the consultation process. 2 The local authority must publish the document— a as soon as practicable after the decision in relation to the proposal is made, and b where a decision has been made to proceed with the proposal, at least 60 days before the day on which the proposal is to have effect. Publicising firework control zones 30 As soon as practicable after a document is published under section 29 confirming that a proposal is proceeding, the local authority must take reasonable steps to inform the persons mentioned in section 28(1)(b) of— a the date any decision to designate a place as a firework control zone or amend or revoke a zone is to have effect (and, if different, the days on which it is to operate), b the boundaries of the zone (or any changes to those boundaries), c what is permissible within a zone, the exemptions that apply and the consequences of failure to comply, d such other information as the Scottish Ministers may specify in regulations made under section 32. Review of operation and effectiveness 31 1 A local authority must carry out reviews of the operation and effectiveness of its firework control zones. 2 A review under this section may— a be in respect of one or more firework control zones, and b be combined with a proposal under section 28 to amend or revoke a zone. 3 On completion of a review, the local authority must— a prepare and publish a report of the review's findings, and b make such proposals in relation to the zone (or zones) as it considers appropriate. 4 Regulations made under section 32 may specify a minimum frequency for reviews under this section. Power to make further provision 32 1 The Scottish Ministers may by regulations make further provision about firework control zones and the procedures to be followed to designate a place as a zone, or to amend or revoke one. 2 Without limiting the generality of subsection (1) , regulations under that subsection may— a set limits on— i the size of place that may be designated a firework control zone, ii the cumulative area that a local authority may designate as such zones, b specify the manner in which a local authority is to designate a place as a zone, or to amend or revoke one, c specify information that must be included when designating a place as a zone, or amending or revoking one, d make further provision in relation to zones that operate on specific days only, e make further provision relating to the consultation process, f make provision relating to the publication of documents required under this Part , g make further provision in relation to the reviewing and reporting on the operation and effectiveness of zones in its area. 3 Regulations under subsection (1) are subject to the negative procedure. Guidance 33 1 Local authorities must have regard to any guidance issued by the Scottish Ministers for the purposes of this Part . 2 The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance). Part 5 Pyrotechnic articles in public places and at designated venues and events Application of Part 34 1 In this Part— a section 35 applies to all pyrotechnic articles except category F1 fireworks, and b section 36 applies to all pyrotechnic articles. 2 The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles. 3 Regulations under subsection (2) are subject to the affirmative procedure. Prohibition of pyrotechnic articles in public places 35 1 It is an offence for a person, without reasonable excuse, to possess a pyrotechnic article to which this section applies in a public place. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is not an offence under subsection (1) for a person to possess a pyrotechnic article if the possession of the pyrotechnic article— a is in connection with the person’s employment, or b is in connection with the person undertaking an activity where it is appropriate to possess the article for use as a visual distress signal. 4 In this section, “ public place ” means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling). 5 This section— a does not apply to a designated venue or a place where a designated event is occurring (see section 36), and b is also subject to section 38 and schedule 1 (exemptions). Prohibition of pyrotechnic articles at designated venues or events 36 1 It is an offence for a person, without reasonable excuse, to possess a pyrotechnic article to which this section applies while the person is in a designated venue or while at a designated event. 2 A person convicted of an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 In this section, “designated venue” or “ designated event ” means a venue or, as the case may be, event designated by the Scottish Ministers under section 37. 4 This section is subject to section 38 and schedule 1 (exemptions). Designation of venues or events 37 1 For the purposes of section 36, the Scottish Ministers may by regulations designate— a a sports ground or class of sports grounds (whether or not the grounds are used for sporting events), b a sporting event or class of sporting events (whether or not attendees have paid to attend), c a venue that is to be used for a music event, including any place that is to be used by a person responsible for the organisation of a music event for the purpose of— i regulating entry to, or departure from, the event, or ii providing accommodation or other facilities for those attending the event, d a music event or class of music events (whether or not attendees have paid to attend). 2 Regulations under subsection (1) are subject to the negative procedure. Part 6 Exemptions, enforcement and other matters Exemptions Exemptions from offences in Act 38 1 Schedule 1 contains exemptions to certain offences under Parts 2 to 5 . 2 The Scottish Ministers may by regulations— a modify schedule 1 to add, amend or remove exemptions, b make further provision about the requirements that a person must meet to be treated as being employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnics displays for the purposes of schedule 1 . 3 Regulations under subsection (2) are subject to the affirmative procedure. Powers of local weights and measures authorities Powers of local weights and measures authorities 39 Schedule 2 makes provision about the powers of a local weights and measures authority (and its officers) to enforce the offences under sections 5 and 22 in its area and related matters. Powers of constables Power of entry etc. with warrant 40 1 A sheriff or justice of the peace may grant a warrant under this section authorising a constable to enter premises if the sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for suspecting— a that an offence under this Act has been, or is being, committed at the premises, or b that there is evidence at the premises of the commission of an offence under this Act. 2 A warrant granted under this section remains in force for a period of 28 days beginning with the day on which it was granted. 3 A warrant granted under this section may authorise a constable to— a enter the premises by force if necessary, b search the premises and any person found in the premises, c seize and retain any item or material found on the premises, or on any person in the premises, if the constable has reasonable grounds for suspecting that it may provide evidence of the commission of an offence under this Act. 4 A constable who is authorised by a warrant granted under this section to seize and detain material may, if the material is only capable of being looked at, read, watched or listened to (as the case may be) after conversion from data stored in another form, require that the material— a be converted into such a form in a way which enables it to be taken away, or b be produced in a form which is capable of being taken away and from which it can be readily converted. 5 In this section, “ premises ” includes any— a land or building, b vehicle, vessel, trailer, aircraft or hovercraft, c tent or moveable structure, (whether or not the premises are used wholly or mainly as a private dwelling). Search for fireworks or pyrotechnic articles without warrant 41 1 If a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this Act, the constable may— a search that person without warrant, and detain the person for such time as is reasonably required to permit the search to be carried out, b stop and search a vehicle (and anything on or in it) without warrant, c seize and retain any item found in the course of a search which may be relevant to the commission of the offence. 2 A constable who detains a person under subsection (1) must give the person the reason for the detention. Offences in relation to enforcement Offence of obstructing officer of a local weights and measures authority 42 1 It is an offence for a person to— a intentionally obstruct an officer of a local weights and measures authority who is exercising powers conferred by schedule 2, b intentionally fail to comply with any requirement made of the person by an officer of a local weights and measures authority under paragraph 7 or 10 of schedule 2 , c fail, without reasonable cause, to give an officer of a local weights and measures authority any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer's powers under schedule 2 . 2 It is an offence for a person, in giving any information which is required of the person by virtue of subsection (1) (c) — a to make any statement which the person knows is false in a material particular, or b recklessly to make a statement which is false in a material particular. 3 A person who commits an offence under this section is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). Offence of impersonating officer of a local weights and measures authority 43 1 It is an offence for a person who is not an officer of a local weights and measures authority to purport to act as such an officer in the exercise of powers under schedule 2 . 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Aggravation of offences against emergency workers Aggravation of offences against emergency workers 44 1 An offence is aggravated by the use of a firework or pyrotechnic article if— a the offence is committed in a manner that involves the use of a firework or pyrotechnic article which is currently lit or ignited (or which has recently been lit or ignited), and b a victim (or intended victim) of the offence is an emergency worker. 2 For the purpose of subsection (1), an emergency worker is— a a person— i acting in a capacity mentioned in section 1(3) or 2(3) of the Emergency Workers (Scotland) Act 2005, ii acting in a capacity mentioned in section 90(3)(a), (c) or (d) of the Police and Fire Reform (Scotland) Act 2012, iii who is a constable of the British Transport Police Force and is acting in that capacity, b a person who is assisting such a person in responding to an emergency circumstance. 3 Evidence from a single source is sufficient to prove that an offence is aggravated by the use of a firework or pyrotechnic article. 4 Subsection (5) applies where it is— a libelled in an indictment, or specified in a complaint, that an offence is aggravated by the use of a firework or pyrotechnic article, and b proved that the offence is so aggravated. 5 The court must— a state on conviction that the offence is aggravated by the use of a firework or pyrotechnic article, b record the conviction in a way that shows that the offence is so aggravated, c take the aggravation into account in determining the appropriate sentence, and d state— i where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or ii otherwise, the reasons for there being no such difference. 6 For the purposes of this section, a person is responding to emergency circumstances if the person— a is going anywhere for the purpose of dealing with emergency circumstances occurring there, or b is dealing with emergency circumstances or preparing to do so. 7 For the purposes of this section, circumstances are “emergency” circumstances if they are present or imminent and— a are causing or are likely to cause— i serious injury to or the serious illness (including mental illness) of a person, ii serious harm to the environment (including the life and health of plants and animals and the fabric of buildings), or iii a worsening of any such injury, illness or harm, or b are likely to cause the death of a person. 8 For the purposes of this section, circumstances to which a person is responding are to be taken to be emergency circumstances if the person believes and has reasonable grounds for believing they are or may be emergency circumstances. Miscellaneous Time limit for prosecution of offences 45 Summary proceedings for an offence under this Act may be commenced at any time within the period of 12 months beginning with the day on which the offence was committed. Presumptions in proceedings under this Act 46 1 This section applies for the purposes of a trial in proceedings for an alleged offence under this Act. 2 Where an item— a is labelled as a firework or other pyrotechnic article, or b is not so labelled but is found within a container which is labelled as containing fireworks or other pyrotechnic articles, the item is presumed to be a firework or pyrotechnic article as described on the label or, as the case may be, container. 3 At the trial, a party to the proceedings may rebut the presumption mentioned in subsection (2) by proving that, at the time the offence is alleged to have been committed, the item was not a firework or other pyrotechnic article of the description on the item or the container. 4 A party may lead evidence for the purpose of rebutting the presumption only if the party has given notice of the intention to do so to the other parties— a not less than 7 days before the intermediate diet, or b if there is no intermediate diet, not less than 28 days before the date of the trial. Certificates as to proof of certain matters 47 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In the table in schedule 9 (certificates as to proof of certain routine matters), at the end insert— The Fireworks and Pyrotechnic Articles (Scotland) Act 2022. Sections 4(1) and 5(1) A person authorised to do so by the Scottish Ministers In relation to a person identified in the certificate, that on the date specified in the certificate the person had, or as the case may be, did not have, a fireworks licence (within the meaning of Part 2 of that Act). Sections 4(1), 5(1), 21(1), 22(1), 24(1) and 27(2) A person authorised to do so by the Scottish Ministers That the particular item identified in the certificate is— a a firework within the meaning of section 1(1) of that Act, and b of such category of firework (construed in accordance with section 2(1) of that Act) as is specified in the certificate. Sections 21(1), 35(1) and 36(1) A person authorised to do so by the Scottish Ministers That the particular item identified in the certificate is a pyrotechnic article within the meaning of section 1(1) and (2) of that Act. . Forfeiture and disposal of fireworks and pyrotechnic articles 48 1 This section applies where— a the Scottish Ministers revoke a person’s licence by giving notice under section 12 (3) , b a court convicts a person of an offence under this Act, or c a court cancels a person’s fireworks licence under section 13 (2) . 2 Subsection (3) applies where— a a firework to which Part 2 applies is surrendered in pursuance of a notice given under section 12 (3) which revokes a person’s fireworks licence, and b the person appeals against the decision to revoke the person’s fireworks licence (and does not withdraw that appeal prior to its determination). 3 Where this subsection applies— a if the appeal is successful, the firework must be returned, b if the appeal is unsuccessful, the sheriff may make such order for the disposal of the firework as the sheriff considers appropriate. 4 Subsection (5) applies where— a a firework to which Part 2 applies is surrendered in pursuance of a notice given under section 12 (3) which revokes a person’s fireworks licence, and b the person— i does not appeal against the decision to revoke the person’s fireworks licence, or ii makes and subsequently withdraws an appeal against such a decision. 5 Where this subsection applies, the firework is to be disposed of in such manner as the chief constable considers appropriate. 6 The court by which a person is convicted or, as the case may be, which cancels a person’s fireworks licence may make an order for the forfeiture or disposal of any firework or pyrotechnic article— a to which the offence relates, or b which is possessed by the person. 7 A constable may seize and retain a firework or pyrotechnic article which may be the subject of an order for forfeiture under this section . 8 Where a court orders the disposal of a firework or pyrotechnic article seized and retained under this Act by a constable or an officer of a local weights and measures authority, the firework or pyrotechnic article may be disposed of in such manner as the chief constable or, as the case may be, the local weights and measures authority considers appropriate. Individual culpability for offending by an organisation 49 1 Subsection (2) applies where— a an offence under this Act is committed by a relevant organisation, and b the commission of the offence involves the connivance or consent of, or is attributable to the neglect of— i a responsible official of the organisation, or ii an individual purporting to act in the capacity of a responsible official. 2 The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence. 3 “ Relevant organisation ” means— a a company, b a partnership (including a limited liability partnership), c another body or association. 4 “ Responsible official ” means— a in the case of a company— i a director, secretary, manager or similar officer, or ii where the affairs of the company are managed by its members, a member, b in the case of a limited liability partnership, a member, c in the case of a partnership other than a limited liability partnership, a partner, d in the case of another body or association, a person who is concerned in the management or control of its affairs. Part 7 General provisions Report on operation of Act 50 1 The Scottish Ministers must, as soon as practicable after the end of the reporting period, lay before the Scottish Parliament a report on the operation of this Act during the reporting period. 2 The report must, in particular, include information about— a proceedings and convictions in respect of relevant offences during the reporting period, b the number of incidents connected to fireworks and other pyrotechnic articles which occurred during the reporting period, and c the views and experiences of persons in relation to the use of fireworks in their communities during the relevant period. 3 The reporting period is the period of 5 years beginning with the day on which this Act receives Royal Assent. 4 In this section, “ relevant offence ” means an offence under this Act or listed in section 7(4)(b) and (c). Interpretation 51 In this Act— “ chief constable ” means the chief constable of the Police Service of Scotland, “ constable ” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “ firework control zone ”, in relation to the area of a local authority, means a place within the area which has been designated as a firework control zone by the local authority under section 27(1) (and a reference to such a zone includes a zone as it has been amended), “ fireworks licence ” means a fireworks licence granted by the Scottish Ministers under section 9 , “ licensed person ” means a person who has a fireworks licence (and a reference to an unlicensed person is to be construed accordingly), “ public fireworks display ” means a fireworks display at which the public, or any section of the public, are present (whether or not they have paid to be) that complies with regulations made under section 6 of the Fireworks Act 2003 (if any), “ regulatory authority ” means— the Chief Constable of the Police Service of Scotland, the Health and Safety Executive, a local authority, a local weights and measures authority. Regulations 52 Any power of the Scottish Ministers to make regulations under this Act, other than section 56 , includes power to make— a different provision for different purposes, b incidental, supplementary, consequential, transitional, transitory or saving provision. Ancillary provision 53 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). 3 Regulations under subsection (1) — a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but b otherwise, are subject to the negative procedure. Crown application: criminal offences 54 1 No contravention of any provision made by this Act makes the Crown criminally liable. 2 But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention. 3 Despite subsection (1) , any provision made by or under this Act applies to a person in the public service of the Crown as it applies to other persons. Crown application: powers of entry 55 1 A warrant granted under section 40 or schedule 2 is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”). Crown land Appropriate authority Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) The Crown Estate Commissioners Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate The person managing the land Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land Land an interest in which belongs to Her Majesty in right of Her private estates The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The office-holder in the Scottish Administration Land an interest in which belongs to a Government department The Government department Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration The office-holder in the Scottish Administration Land an interest in which is held in trust for Her Majesty for the purposes of a Government department The Government department 2 In subsection (1) — a the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the Government of the United Kingdom, c “ Scottish Crown Estate ” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. 3 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final. Commencement 56 1 This section and sections 50, 51 , 52 , 53 and 57 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 57 The short title of this Act is the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. Schedule 1 Exemptions (introduced by section 38 ) Regulatory authorities or those acting under the direction of a regulatory authority 1 It is not an offence under section 4 (1) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is employed by a regulatory authority (and is acting in that capacity). 2 It is not an offence under section 4 (1) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is acting under the direction of a regulatory authority. 3 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to give or otherwise make available a firework to a person who does not have a fireworks licence if— a the person giving or otherwise making available the firework is employed by, or acting under the direction of, a regulatory authority (and is acting in that capacity), and b the unlicensed person is employed by, or acting under the direction of, a regulatory authority (and is acting in that capacity). 4 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is employed by, or acting under the direction of, a regulatory authority, and b the firework is used in connection with the regulatory authority’s functions. 5 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is employed by, or acting under the direction of, a regulatory authority, and b the firework is used in connection with the regulatory authority’s functions. 6 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if the person is employed by a regulatory authority (and is acting in that capacity). Professional organisers or operators of fireworks displays or pyrotechnics displays 7 It is not an offence under section 4 (1) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if— a the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and b the firework is purchased, acquired, possessed or used in connection with that business. 8 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by, or in business as, a professional organiser or operator of fireworks displays. 9 It is not an offence under section 21 (1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if— a the person under the age of 18 is employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnic displays, and b the firework is given or made available for the purposes of putting on a fireworks display or pyrotechnics display for the person’s employer or in the course of the person’s business (as the case may be). 9 It is not an offence under section 21 (1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if— a the person under the age of 18 is employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnic displays, and b the firework is given or made available for the purposes of putting on a fireworks display or pyrotechnics display for the person’s employer or in the course of the person’s business (as the case may be). 10 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is employed by, or in business as, a professional organiser or operator of fireworks displays. 11 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and b the firework is used for the purposes of putting on a fireworks display for the person’s employer or in the course of the person’s business (as the case may be). 12 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and b the firework is used for the purposes of putting on a public fireworks display for the person’s employer or in the course of the person’s business (as the case may be). 13 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if— a the person is employed by, or in business as, a professional organiser or operator of firework displays or pyrotechnics displays, and b the pyrotechnic article is possessed in connection with that business. Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 14 It is not an offence under section 4 (1) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015 ( S.I. 2015/1553 ), and b the firework is purchased, acquired, possessed or used for purposes which are necessary in connection with that trade or business. 15 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015. 16 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015. 17 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and b the firework is used for purposes which are necessary in connection with that trade or business. 18 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and b the firework is used for purposes which are necessary in connection with that trade or business. 19 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks or pyrotechnic articles in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and b the pyrotechnic article is possessed in connection with that business. Organiser of a public fireworks display 20 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is the organiser of a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 21 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the firework is used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 22 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the firework is used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 23 It is not an offence under section 35(1) (prohibition of pyrotechnic articles in public places) for a person to possess a pyrotechnic article in a public place if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the pyrotechnic article is possessed for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 24 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that paragraph if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the pyrotechnic article is possessed for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. Persons under 18 in education, training or employment 25 It is not an offence under section 21(1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to buy, attempt to buy, give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if— a the person under the age of 18 is undertaking education or training, or is in employment, b the possession or use of a firework or pyrotechnic article is necessary in connection with that education, training or employment, and c the person buying, attempting to buy, giving or otherwise making available the firework or pyrotechnic article intends that the person under the age of 18 will possess or use the firework or pyrotechnic article only in connection with that education, training or employment. Persons outwith Scotland 26 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is outwith Scotland and the firework is to be delivered outwith Scotland. 27 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is outwith Scotland, but only where the firework is to be delivered outwith Scotland. Public servants and volunteers in similar roles 28 It is not an offence under section 21(1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a pyrotechnic article to a person under the age of 18 if— a the person who is under the age of 18 is— i a member of the armed forces of Her Majesty, ii a member of the armed forces of another country when that member is serving with the armed forces of Her Majesty, iii a member of a cadet force listed in paragraph 30(2), iv a member of a cadet force of another country when that member is undertaking activities with a cadet force listed in paragraph 30(2) or the armed forces of Her Majesty, v a member of a service or organisation whose functions (whether as an officer, employee or volunteer) include law enforcement, search and rescue services or the preservation of life, and b the pyrotechnic article is given or made available to the person under the age of 18 in connection with activities the person is undertaking as a member of such a force, service or organisation. 29 It is not an offence under section 35(1) (prohibition of pyrotechnic articles in public places) or section 36(1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that subsection if— a the person is— i a member of the armed forces of Her Majesty, ii a member of the armed forces of another country when that member is serving with the armed forces of Her Majesty, or iii a member of a cadet force listed in paragraph 30(2), iv a member of a cadet force of another country when that member is undertaking activities with a cadet force listed in paragraph 30(2) or the armed forces of Her Majesty, v a member of a service or organisation whose functions (whether as an officer, employee or volunteer) include law enforcement, search and rescue services or the preservation of life, and b the pyrotechnic article is possessed by the person in connection with activities the person is undertaking as a member of such a force, service or organisation. 30 1 In paragraphs 28 and 29, “ armed forces ” means naval, military or air forces (and includes reserve forces). 2 For the purposes of paragraphs 28(a)(iii), 28(a)(iv) and 29(a)(iii), the cadet forces are— a the Combined Cadet Force, b the Sea Cadet Corps, c the Volunteer Cadet Corps, d the Army Cadet Force, e the Air Training Corps. Schedule 2 Investigatory powers of a local weights and measures authority (introduced by section 39 ) General 1 1 A local weights and measures authority (and its officers) may exercise the powers under this schedule for the purpose of ascertaining whether an offence under section 5 (supply of fireworks to unlicensed persons) or section 22 (restriction on days of supply of fireworks) has been, or is being, committed. 2 A local weights and measures authority (and its officers) may exercise the power under paragraph 6 (power to seize and retain items) in relation to— a an item which an officer of the authority reasonably suspects may disclose (by means of testing or otherwise) the commission of an offence under section 5 or 22 , b a firework or pyrotechnic article which an officer of the authority reasonably suspects is liable to forfeiture under this Act, and c an item which an officer of the authority reasonably suspects may be required as evidence in proceedings for an offence under section 5 or 22 . 3 A local weights and measures authority (and its officers) may not exercise the power under paragraph 7 (powers in relation to documents) or paragraph 9 (power of entry with warrant) for the purpose mentioned in sub-paragraph (1) unless an officer of the authority reasonably suspects that an offence under section 5 or 22 has been, or is being, committed. Power to purchase fireworks 2 1 An officer of a local weights and measures authority may— a make a purchase of a firework to which Part 2 or section 22 applies, or b direct or enter into an agreement with a person to secure the acquisition or supply of such a firework. 2 For the purposes of exercising the power under sub-paragraph (1) , the officer may— a at any reasonable time, enter premises to which the public has access (whether or not the public has access at that time), and b inspect any product on the premises which the public may inspect. 3 The power of entry in sub-paragraph (2) may be exercised without first giving notice or obtaining a warrant. 4 In this paragraph , “ premises ” includes any— a land or building, b vehicle, vessel, trailer, aircraft or hovercraft, c tent or moveable structure, except where the premises are used wholly or mainly as a private dwelling. Power to observe carrying on of business etc. 3 1 An officer of a local weights and measures authority may enter premises to which the public has access in order to observe the carrying on of a business on those premises. 2 The power under sub-paragraph (1) may be exercised at any reasonable time (whether or not the public has access at that time). 3 The power of entry under sub-paragraph (1) may be exercised without first giving notice or obtaining a warrant. 4 In this paragraph, “ premises ” includes any— a land or building, b vehicle, vessel, trailer, aircraft or hovercraft, c tent or moveable structure, except where the premises are used wholly or mainly as a private dwelling. Power to enter premises without warrant 4 1 An officer of a local weights and measures authority may enter premises at any reasonable time. 2 In the case of a routine inspection, the power of entry in sub-paragraph (1) may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements in sub-paragraph (3) , unless sub-paragraph (4) applies. 3 Those requirements are that— a the notice is in writing and is given by the officer, b the notice sets out why the entry is necessary and indicates the nature of the offence under section 42 (obstruction), and c there are at least two working days between the date of receipt of the notice and the date of entry. 4 A notice need not be given if the occupier has waived the requirement to give notice. 5 In this paragraph “ routine inspection ” means an exercise of the power under sub-paragraph (1) other than where— a the power is exercised by an officer who reasonably suspects that an offence has been, or is being, committed under section 5 or 22 , or b the officer reasonably considers that to give notice in accordance with sub-paragraph (2) would defeat the purpose of the entry. 6 If an officer enters premises under sub-paragraph (1) that are occupied, otherwise than in the course of a routine inspection, the officer must provide to an occupier a document that— a sets out why the entry is necessary, and b indicates the nature of the offence under section 42 . 7 If an officer enters premises under sub-paragraph (1) that are occupied, the officer must produce evidence of the officer's identity and authority to an occupier. 8 An officer need not comply with sub-paragraph (6) or (7) if it is not reasonably practicable to do so. 9 Proceedings resulting from the exercise of the power under sub-paragraph (1) are not invalid merely because of a failure to comply with sub-paragraph (6) or (7) . 10 An officer entering premises under sub-paragraph (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary. 11 In this paragraph — “ occupier ”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises, “ premises ” includes any— land or building, vehicle, vessel, trailer, aircraft or hovercraft, tent or moveable structure, except where the premises are used wholly or mainly as a private dwelling, “ working day ” means any day other than— Saturday or Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland. Power to inspect and test fireworks 5 1 An officer of a local weights and measures authority may— a inspect a firework or an item suspected to be a firework on the premises, b arrange for a firework or an item suspected to be a firework to be tested (and may seize and retain the firework or item under paragraph 6 to do so). 2 Inspection and testing under this paragraph may carried out only for the purposes of determining— a whether or not an item is a firework, or b the category of a firework (or suspected firework) for the purposes of this Act (see section 2 ). Power to seize and retain items 6 1 An officer of a local weights and measures authority may seize and retain an item other than a document (for which see paragraph 7 ). 2 An officer seizing an item under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it. 3 The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so. 4 An officer seizing an item under this paragraph must take reasonable steps to— a inform the person from whom it is seized that it has been seized, and b provide that person with a written record of what has been seized. 5 An item seized under this paragraph (except an item seized for the purpose in paragraph 1 (2) (b) ) may not be detained— a for a period of more than 3 months beginning with the day on which it was seized, or b where the item is reasonably required to be retained for a longer period by the officer for a purpose for which it was seized, for longer than it is required for that purpose. Powers in relation to documents 7 1 An officer of a local weights and measures authority may, at any reasonable time— a require a person who is offering to supply fireworks to the public in the course of a business (“the trader”), an employee of the trader or any other person acting on behalf of the trader, to produce any document relating to the trader's business to which the trader, employee or other person has access, b take copies of, or copies of any entry in, any such document, c seize and retain any such document which the officer reasonably suspects may be required as evidence. 2 The powers in sub-paragraph (1) include power to require the trader, employee or other person to give an explanation of the document. 3 Where a document required to be produced under sub-paragraph (1) contains information recorded electronically, the power under that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible. 4 This paragraph does not permit an officer to require a person to create a document other than as described in sub-paragraph (3) . 5 An officer seizing a document under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it. 6 The officer need not comply with sub-paragraph (5) if it is not reasonably practicable to do so. 7 An officer seizing a document under this paragraph must take reasonable steps to— a inform the person from whom it is seized that it has been seized, and b provide that person with a written record of what has been seized. 8 This paragraph does not permit an officer to require a person to produce or seize any document which the person would be entitled to refuse to produce in proceedings in the Court of Session on the grounds of confidentiality of communications. 9 In sub-paragraph (8) , “ communications ” means— a communications between a professional legal adviser and the adviser's client, or b communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings. 10 In this paragraph , “ occupier ”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises. Power to break open container etc. 8 1 An officer of a local weights and measures authority may, for the purpose of exercising the powers under paragraph 5 , 6 or 7 , require a person with authority to do so to— a break open any container, or b access any electronic device in which information may be stored or from which it may be accessed. 2 Where a requirement under sub-paragraph (1) has not been complied with, the officer may, for the purpose of exercising any of the powers in paragraph 7 — a break open the container, or b access the electronic device. 3 Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the power under that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised. 4 In this paragraph “ container ” means anything in which an item or document may be stored. Power of entry with warrant 9 1 A sheriff may grant a warrant under this section authorising an officer of a local weights and measures authority to enter premises if the sheriff is satisfied, by evidence on oath, that— a there are reasonable grounds for suspecting— i that an offence under section 5 or 22 has been, or is being, committed at the premises, or ii that there is an item or document on the premises that the officer has the power to inspect or require to be produced, and b one of the following conditions is met— i access to the premises has been or is likely to be refused and notice of the officer’s intention to apply for a warrant under this paragraph has been given to the occupier of the premises, ii it is likely that items or documents on the premises would be concealed or interfered with if notice of entry on the premises were given to the occupier of the premises, or iii the premises are unoccupied or the occupier of the premises is absent and it might defeat the purpose of the entry to wait for the occupier’s return. 2 A warrant granted under this section remains in force for a period of 28 days beginning with the day on which it was granted. 3 An officer may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary. 4 A warrant granted under this section may authorise an officer to— a enter the premises by force if necessary, b exercise the powers in paragraph 5 , 6 , 7 or 8 . 5 If the premises are occupied when the officer enters them, the officer must produce the warrant for inspection to an occupier of the premises. 6 Sub-paragraph (7) applies if the premises are unoccupied or the occupier is temporarily absent. 7 On leaving the premises, the officer must— a leave a notice on the premises stating that the premises have been entered under a warrant under this paragraph , and b leave the premises as effectively secured as the officer found them. 8 In this paragraph — “ occupier ”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises, “ premises ” includes any— land or building, vehicle, vessel, trailer, aircraft or hovercraft, tent or moveable structure, (whether or not the premises are used wholly or mainly as a private dwelling). Power to require assistance from person on premises 10 If an officer of a local weights and measures authority has entered premises under paragraph 4 (1) or under a warrant under paragraph 9 , the officer may require any person on the premises to provide such assistance or information as the officer reasonably considers necessary. Access to seized items and documents 11 1 This paragraph applies where a thing seized by an officer of a local weights and measures authority under this schedule is retained by the authority. 2 If a request for permission to be granted access to that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must allow that person access to it under the supervision of an officer of the authority. 3 If a request for a photograph or copy of that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must— a allow that person access to it under the supervision of an officer of the authority for the purpose of photographing or copying it, or b photograph or copy it, or cause it to be photographed or copied. 4 Where anything is photographed or copied under sub-paragraph (3) , the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request. 5 This paragraph does not require access to be granted to, or a photograph or copy to be supplied of, a thing if the local weights and measures authority has reasonable grounds for believing that to do so would prejudice the investigation for the purposes of which it was seized. 6 A local weights and measures authority may recover the reasonable costs of complying with a request under this paragraph from the person by whom or on whose behalf it was made. 7 References in this paragraph to a person who had custody or control of a thing immediately before it was seized include a representative of such a person. Notice of testing of item 12 1 Sub-paragraphs (2) and (3) apply where— a a firework purchased (or acquired under direction or by arrangement) by an officer of a local weights and measures authority under paragraph 2 is submitted to a test and as a result proceedings are brought for an offence under section 5 or 22 , or b a firework or item seized by an officer of a local weights and measures authority under paragraph 6 is submitted to a test. 2 The local weights and measures must inform the relevant person of the results of the test. 3 The local weights and measures authority must allow a relevant person to have the firework or item tested if it is reasonably practicable to do so. 4 In sub-paragraph (2) , “ relevant person ” means the person from whom the firework or item was purchased or seized. 5 In sub-paragraph (3) , “ relevant person ” means— a in a case within sub-paragraph (1) (a) , a person who is a party to the proceedings, or b in any other case, a person referred to in sub-paragraph (4) . Application for release of firework, item or document 13 1 This paragraph applies where a firework, item or document is being retained as the result of the exercise of a power under this schedule . 2 A person with an interest in the firework, item or document may apply to a sheriff for an order requiring it to be released to that or another person. 3 The sheriff may make an order requiring a firework, item or document to be released only if satisfied that condition A or B is met. 4 Condition A is that— a no proceedings have been brought for an offence as the result of the investigation in the course of which the firework, item or document was seized, and b the period of 12 months beginning with the day on which the firework, item or document was seized has expired. 5 Condition B is that— a proceedings of the kind mentioned in sub-paragraph (4) (a) have been brought, and b those proceedings have been concluded without the firework, item or document being forfeited. Compensation 14 1 This paragraph applies where an officer of a local weights and measures authority has seized and retained a firework or item under this schedule for a purpose within paragraph 1 (2) (a) . 2 The local weights and measures authority must pay compensation to any person with an interest in the firework or item in respect of any loss or damage caused by the seizure and retention if— a the firework or item has not disclosed an offence under section 5 or 22 , and b the power to seize and retain the firework or item was not exercised as a result of any neglect or default of the person seeking the compensation. 3 Any dispute about the right to or amount of any compensation payable under this paragraph is to be determined by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff. S. 1 not in force at Royal Assent, see s. 56(2) S. 2 not in force at Royal Assent, see s. 56(2) S. 3 not in force at Royal Assent, see s. 56(2) S. 4 not in force at Royal Assent, see s. 56(2) S. 5 not in force at Royal Assent, see s. 56(2) S. 6 not in force at Royal Assent, see s. 56(2) S. 7 not in force at Royal Assent, see s. 56(2) S. 8 not in force at Royal Assent, see s. 56(2) S. 9 not in force at Royal Assent, see s. 56(2) S. 10 not in force at Royal Assent, see s. 56(2) S. 11 not in force at Royal Assent, see s. 56(2) S. 12 not in force at Royal Assent, see s. 56(2) S. 13 not in force at Royal Assent, see s. 56(2) S. 14 not in force at Royal Assent, see s. 56(2) S. 15 not in force at Royal Assent, see s. 56(2) S. 16 not in force at Royal Assent, see s. 56(2) S. 17 not in force at Royal Assent, see s. 56(2) S. 18 not in force at Royal Assent, see s. 56(2) S. 19 not in force at Royal Assent, see s. 56(2) S. 20 not in force at Royal Assent, see s. 56(2) S. 21 not in force at Royal Assent, see s. 56(2) S. 22 not in force at Royal Assent, see s. 56(2) S. 23 not in force at Royal Assent, see s. 56(2) S. 24 not in force at Royal Assent, see s. 56(2) S. 25 not in force at Royal Assent, see s. 56(2) S. 26 not in force at Royal Assent, see s. 56(2) S. 27 not in force at Royal Assent, see s. 56(2) S. 28 not in force at Royal Assent, see s. 56(2) S. 29 not in force at Royal Assent, see s. 56(2) S. 30 not in force at Royal Assent, see s. 56(2) S. 31 not in force at Royal Assent, see s. 56(2) S. 32 not in force at Royal Assent, see s. 56(2) S. 33 not in force at Royal Assent, see s. 56(2) S. 34 not in force at Royal Assent, see s. 56(2) S. 35 not in force at Royal Assent, see s. 56(2) S. 36 not in force at Royal Assent, see s. 56(2) S. 37 not in force at Royal Assent, see s. 56(2) S. 38 not in force at Royal Assent, see s. 56(2) S. 39 not in force at Royal Assent, see s. 56(2) S. 40 not in force at Royal Assent, see s. 56(2) S. 41 not in force at Royal Assent, see s. 56(2) S. 42 not in force at Royal Assent, see s. 56(2) S. 43 not in force at Royal Assent, see s. 56(2) S. 44 not in force at Royal Assent, see s. 56(2) S. 45 not in force at Royal Assent, see s. 56(2) S. 46 not in force at Royal Assent, see s. 56(2) S. 47 not in force at Royal Assent, see s. 56(2) S. 48 not in force at Royal Assent, see s. 56(2) S. 49 not in force at Royal Assent, see s. 56(2) S. 50 in force at 11.8.2022, see s. 56(1) S. 51 in force at 11.8.2022, see s. 56(1) S. 52 in force at 11.8.2022, see s. 56(1) S. 53 in force at 11.8.2022, see s. 56(1) S. 54 not in force at Royal Assent, see s. 56(2) S. 55 not in force at Royal Assent, see s. 56(2) S. 56 in force at 11.8.2022, see s. 56(2) S. 57 in force at 11.8.2022, see s. 56(2) Sch. 1 para. 1 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 2 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 3 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 4 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 5 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 6 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 7 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 8 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 9 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 10 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 11 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 12 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 13 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 14 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 15 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 16 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 17 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 18 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 19 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 20 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 21 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 22 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 23 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 24 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 25 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 26 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 27 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 28 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 29 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 30 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 1 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 2 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 3 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 4 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 5 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 6 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 7 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 8 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 9 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 10 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 11 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 12 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 13 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 14 not in force at Royal Assent, see s. 56(2) S. 1 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 2 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 20(1)(a) (2)(a) (3) in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 21 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 38(1) in force at 10.10.2022 for specified purposes by S.S.I. 2022/280 , reg. 2 , sch. S. 38(2) (3) in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 40 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 41 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 44 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 45 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 46 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 47 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 48(1)(b) (6) (7) (8) in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 49 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 54 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 55 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 25 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 28 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 30 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 9 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 34 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 35 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 36 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 37 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 38(1) in force at 6.6.2023 for specified purposes by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 6 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 13 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 19 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 23 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 24 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 29 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 26 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 27 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 28 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 29 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 30 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 31 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 32 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 33 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 38(1) in force at 22.6.2023 for specified purposes by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 5 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 12 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 18 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 22 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch.
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[uk-legislation-asp][asp] 2024-03-01 Hunting with Dogs (Scotland) Act 2023
http://www.legislation.gov.uk/asp/2023/1/2023-10-03
http://www.legislation.gov.uk/asp/2023/1/2023-10-03 Hunting with Dogs (Scotland) Act 2023 Statute Law Database 2024-02-08 Expert Participation 2023-10-03 Hunting with Dogs (Scotland) Act 2023 2023 asp 1 An Act of the Scottish Parliament to make provision about the prohibition of hunting wild mammals using dogs; to make provision about the prohibition of trail hunting; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th January 2023 and received Royal Assent on 7th March 2023 Part 1 Hunting a wild mammal using a dog Offences Offence of hunting a wild mammal using a dog 1 1 A person commits an offence if— a the person hunts a wild mammal using a dog, and b none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply. 2 A person who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 3 In this Act— “ hunting ” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly), “ wild mammal ” means any mammal (other than a human)— which— is living in a wild state, is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or has been deliberately released from temporary or permanent human control, and which is not— a rat, a mouse, or living under temporary or permanent human control. 4 In this Part, a person is “using a dog” when the hunting of a wild mammal by that person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly). Offences of knowingly causing or permitting another person to hunt using a dog 2 1 A person commits an offence if— a the person— i is an owner or occupier of land, and ii knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and b none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply to the hunting. 2 A person commits an offence if— a the person— i owns or is responsible for a dog, and ii knowingly causes or permits another person to hunt a wild mammal using that dog, and b none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply to the hunting. 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). 4 It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 applied to the hunting. 5 In this Part, an “owner” of land includes a person who— a manages or controls that land, or b is authorised to give permission for that land to be used for hunting. 6 In this Act, a person “is responsible for” a dog where the person— a is responsible for the dog on a temporary or permanent basis, b is in charge of the dog, or c has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b) . Exceptions to the offences Exception: management of wild mammals above ground 3 1 This section applies if— a a person is using a dog above ground to— i search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in subsection (2) , ii search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i) , and b the conditions set out in subsection (3) are met. 2 The purposes referred to in subsection (1) (a) (i) are— a preventing serious damage to livestock, woodland or crops, b preventing the spread of disease, c protecting human health. 3 The conditions referred to in subsection (1) (b) are that— a either— i the activity mentioned in subsection (1) (a) does not involve the use of more than two dogs, or ii the activity is carried out in accordance with a licence granted under section 4 , b any dog used in the activity is under control, c unless paragraph (a) (ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d permission for the activity has been given by the owner of the land on which the activity takes place, e the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible, f if an attempt to kill the wild mammal, as mentioned in paragraph (e) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. Licence for use of more than two dogs in connection with section 3 4 1 A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 3 (1) (a) . 2 An application for a licence under subsection (1) must— a be made to the relevant authority, b be in such form as the relevant authority may require, c contain or be accompanied by such information as the relevant authority may require, which may in particular include— i the number of dogs for which permission is being sought, ii the number of guns intended to be deployed, d be accompanied by payment of such reasonable fee as the relevant authority may require. 3 The relevant authority must publicise any requirements which are for the time being set under subsection (2) (b) , (c) or (d) . 4 A licence under subsection (1) — a may be granted to a particular person or to a category of persons, b must relate to a particular species of wild mammal, c must not be granted unless the relevant authority is satisfied that there is no other solution which would be effective in achieving the purpose set out in section 3 (2) in relation to which the application for a licence is being made, d may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 3 (2) in relation to which the application for a licence is being made, e must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 3(3)(e) and (f) in relation to the activity for which the application for a licence is being made, f may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence, g may be granted for a maximum period of 14 days, which must fall within a period of 6 consecutive months, h may be modified or revoked by the relevant authority at any time. 5 A licence under subsection (1) must specify— a the person or category of persons to whom it is granted, b the species of wild mammal to which it relates, c the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence, d the maximum number of dogs which are permitted to be used, e the minimum number of guns (if any) which are required to be deployed, f any conditions to which the licence is subject, g the period of time for which the licence is valid. 6 In this section, “ relevant authority ” means— a the Scottish Ministers, or b where the Scottish Ministers have delegated their functions in relation to licences, Scottish Natural Heritage. Exception: management of foxes below ground 5 1 This section applies if— a a person is using a dog to— i search for a fox below ground, or ii flush a fox from below ground, with the intention of killing it for one or more of the purposes set out in subsection (2) , and b the conditions set out in subsection (3) are met. 2 The purposes referred to in subsection (1) (a) are— a preventing serious damage to livestock, woodland or crops, b preventing the spread of disease, c protecting human health, d relieving the suffering of an injured or dependent fox. 3 The conditions referred to in subsection (1) (b) are that— a the activity mentioned in subsection (1) (a) does not involve the use of more than one dog, b the dog used in the activity is— i under control, ii fitted with a device to allow tracking of the position of the dog below ground, c reasonable steps are taken— i to prevent the dog becoming trapped below ground, and ii if the dog becomes trapped below ground, to ensure that it is rescued as soon as reasonably possible, d permission for the activity has been given by the owner of the land on which the activity takes place, e no steps are taken to prevent the fox from being flushed or emerging from below ground, f if the fox which is being searched for or flushed is found or emerges from below ground, it is shot dead, or killed by a bird of prey, as soon as reasonably possible, g if an attempt to kill the fox, as mentioned in paragraph (f) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. 4 In this section, “ dependent ” means that the mother of a fox is dead and it is too young to survive on its own. Exception: falconry, game shooting and deer stalking 6 1 This section applies if— a a person is using a dog above ground to— i search for, stalk or flush from cover a wild mammal, with the intention of providing quarry for falconry, game shooting or deer stalking, ii search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i) , and b the conditions set out in subsection (2) are met. 2 The conditions referred to in subsection (1) (b) are that— a the activity mentioned in subsection (1) (a) does not involve the use of more than two dogs, b any dog used in the activity is under control, c reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d permission for the activity has been given by the owner of the land on which the activity takes place, e the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible, f if an attempt to kill the wild mammal, as mentioned in paragraph (e) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. 3 In this section— “ deer stalking ” means the stealthy approach of a deer in order to shoot it for sport, “ falconry ” means the use of a bird of prey to hunt for sport, “ game shooting ” means shooting wild mammals for sport, “ quarry ” means the wild mammal intended to be killed by a bird of prey or shot. Exception: relieving the suffering of injured wild mammals 7 1 This section applies if— a a person is using a dog above ground to search for, stalk or flush from cover a wild mammal which the person has reasonable grounds for believing is injured, with the intention of treating, capturing or killing it for the purpose of relieving its suffering, b the wild mammal was not deliberately injured for the purpose of allowing the activity mentioned in paragraph (a) to take place, and c the conditions set out in subsection (2) are met. 2 The conditions referred to in subsection (1)(c) are that— a the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, b any dog used in the activity is under control, c reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d either— i permission for the activity has been given by the owner of the land on which the activity takes place, ii the person carrying out the activity is a constable exercising a power of entry, iii the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or iv the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996, e the wild mammal which is being searched for, stalked or flushed is, as soon as reasonably possible, either— i given treatment to reduce or alleviate its pain or discomfort before being allowed to escape without being pursued or killed, ii captured for the purpose of being given treatment to reduce or alleviate its pain or discomfort (whether at that place or at another place), iii shot dead, or iv observed and allowed to escape without being pursued or killed, f if an attempt to kill the wild mammal, as mentioned in paragraph (e)(iii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. Exception: searching for dead wild mammals 8 1 This section applies if— a a person is using a dog above ground to search for and retrieve a dead wild mammal, and b the conditions set out in subsection (2) are met. 2 The conditions referred to in subsection (1)(b) are that— a the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, b any dog used in the activity is under control, c reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d either— i permission for the activity has been given by the owner of the land on which the activity takes place, ii the person carrying out the activity is a constable exercising a power of entry, iii the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or iv the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996, e reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed. Exception: environmental benefit 9 1 This section applies if— a the person is using a dog above ground to— i search for, stalk or flush from cover a wild mammal, with the intention of killing, capturing or observing it as part of a scheme or plan for one or more of the purposes set out in subsection (2) , ii search for and retrieve a wild mammal which has been killed as a result of the activity referred to in sub-paragraph (i) , and b the conditions set out in subsection (3) are met. 2 The purposes referred to in subsection (1) (a) (i) are— a preserving, protecting or restoring a particular species (which may include controlling the number of a species for its welfare) for environmental benefit, b preserving, protecting or restoring the diversity of animal or plant life, c eradicating an invasive non-native species of wild mammal from an area. 3 The conditions referred to in subsection (1) (b) are that— a either— i the activity mentioned in subsection (1) (a) does not involve the use of more than two dogs, or ii the activity is carried out in accordance with a licence granted under section 10 , b any dog used in the activity is under control, c unless paragraph (a) (ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d either— i permission for the activity has been given by the owner of the land on which the activity takes place, ii the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or iii the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996, e the wild mammal which is being searched for, stalked or flushed is either— i captured (whether or not with the intention of subsequently releasing or relocating it) as soon as reasonably possible, ii shot dead, or killed by a bird of prey, as soon as reasonably possible, or iii observed and allowed to escape without being pursued, injured or killed, f if an attempt to kill the wild mammal, as mentioned in paragraph (e) (ii) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. 4 In this section— “ invasive non-native species ” means a species— which is included on the Scottish list of species of special concern, or which is— not native to the area in which the activity mentioned in subsection (1) (a) takes place, and having or likely to have a significant adverse impact on biodiversity, the environment, social or economic interests or human or animal health, “ Scottish list of species of special concern ” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time. Licence for use of more than two dogs in connection with section 9 10 1 A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 9 (1) (a) . 2 An application for a licence under subsection (1) must— a be made to the relevant authority, b be in such form as the relevant authority may require, c contain or be accompanied by such information as the relevant authority may require, which may in particular include— i the number of dogs for which permission is being sought, ii the number of guns intended to be deployed, d be accompanied by payment of such reasonable fee as the relevant authority may require. 3 The relevant authority must publicise any requirements which are for the time being set under subsection (2) (b) , (c) or (d) . 4 A licence under subsection (1) — a may be granted to a particular person or to a category of persons, b must relate to a particular species of wild mammal, c must not be granted unless the relevant authority is satisfied— i that killing, capturing or observing the wild mammal will contribute towards a significant or long-term environmental benefit, and ii that there is no other solution which would be effective in achieving the purpose set out in section 9 (2) in relation to which the application for a licence is being made, d may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 9 (2) in relation to which the application for a licence is being made, e must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 9(3)(e) and (f) in relation to the activity for which the application for a licence is being made, f may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence, g may be granted for a maximum period of two years, which must fall within a period of two consecutive years, h may be modified or revoked at any time by the relevant authority. 5 A licence under subsection (1) must specify— a the person or category of persons to whom it is granted, b the species of wild mammal to which it relates, c the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence, d the maximum number of dogs which are permitted to be used, e the minimum number of guns (if any) which are required to be deployed, f any conditions to which the licence is subject, g the period of time for which the licence is valid. 6 In this section, “ relevant authority ” has the same meaning as in section 4 (6) . General provision on licences Delegation of functions in relation to licences 11 1 The Scottish Ministers may delegate their functions in relation to licences under sections 4 and 10 to Scottish Natural Heritage. 2 Any delegation must be made by written direction. 3 A direction may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction. 4 The Scottish Ministers may modify or revoke a direction. 5 If a direction is revoked, any licence granted while the direction was in force continues to have effect unless the revocation provides otherwise. Offence of providing false information to obtain a licence 12 1 A person commits an offence if the person knowingly or recklessly makes a false or misleading statement for the purposes of obtaining (either personally or for another person) a licence under section 4 or 10 . 2 A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). Review of operation of sections 4 and 10 13 1 The Scottish Ministers must review the operation of sections 4 and 10. 2 The first review under subsection (1) must be carried out no later than 31 December 2028. 3 The second and each subsequent review must be carried out no later than the expiry of the period of 5 years beginning with the date on which the last report on a review was published under subsection (5). 4 In carrying out a review, the Scottish Ministers must consult— a such persons as they consider have an interest in the operation of sections 4 and 10, and b such other persons as they consider appropriate. 5 As soon as reasonably possible after carrying out a review, the Scottish Ministers must— a lay a report on the review before the Scottish Parliament, and b publish the report in such manner as they consider appropriate. 6 A report under subsection (5) must set out— a the action (if any) that the Scottish Ministers intend to take as a result of the review (for example, proposing a change to the law), and b where the Scottish Ministers do not intend to take any action, their reasons for this. Part 2 Trail hunting Offences Offences relating to trail hunting 14 1 A person commits an offence if— a the person engages or participates in trail hunting, and b the exception in section 16 does not apply. 2 In this Part— “ trail hunting ” is the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose, “ animal-based scent ” means— a scent which is derived from a wild mammal, or a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients. 3 A person commits an offence if— a the person— i is an owner or occupier of land, and ii knowingly causes or permits another person to engage or participate in trail hunting on that land, and b the exception in section 16 does not apply to the trail hunting. 4 A person commits an offence if— a the person— i owns or is responsible for a dog, and ii knowingly causes or permits another person to use the dog for trail hunting, and b the exception in section 16 does not apply to the trail hunting. 5 A person who commits an offence under subsection (1) , (3) or (4) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). 6 It is a defence for a person charged with an offence under subsection (3) or (4) to show that the person reasonably believed that the exception in section 16 applied to the trail hunting. 7 In this Part, an “owner” of land includes, in particular, a person who— a manages or controls that land, or b is authorised to give permission for that land to be used for trail hunting. Power to modify meaning of trail hunting 15 1 The Scottish Ministers may by regulations modify section 14 so as to include in the definition of trail hunting a scent other than an animal-based scent. 2 The Scottish Ministers may make regulations under subsection (1) only if they consider that modifying the definition of trail hunting would contribute towards the protection of wild mammals from unlawful hunting using dogs. 3 Regulations under subsection (1) are subject to the affirmative procedure. 4 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 5 Regulations under subsection (1) may— a make different provision for different purposes, b modify— i this Part, ii section 19(1), 21(10), 22(13) or paragraph 1 of the schedule where such modification is consequential to the modification of this Part, c make incidental, supplementary, consequential, transitional, transitory or saving provision (including provision for exceptions to the offences in section 14). Exception to the offences Exception: training dogs to follow an animal-based scent 16 1 This section applies if— a a person— i directs a dog to find and follow an animal-based scent which has been laid for that purpose, or ii lays an animal-based scent for a dog to find and follow, in order to train a dog for a lawful purpose, and b all of the conditions set out in subsection (2) are met. 2 The conditions are that— a the activity mentioned in subsection (1) (a) does not involve more than two dogs, b any dog involved in the activity is under control, c reasonable steps are taken to ensure that any dog involved in the activity does not join with others to form a pack of more than two dogs, d permission for the activity has been given by the owner of the land on which the activity takes place, e reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed. Part 3 Further provision relating to offences Enforcement Search of a person without warrant 17 If a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this Act, the constable may— a search that person without warrant, and detain the person for such time as is reasonably required to permit the search to be carried out, b search or examine any thing found in the course of a search, if the constable has reasonable grounds for suspecting that evidence of the commission of the offence is to be found in or on that thing, c seize any thing found in the course of a search which may be relevant to the commission of the offence. Powers of enforcement 18 The schedule makes further provision about the powers of constables for the purposes of and in connection with this Act. Proceedings Time limit for summary proceedings 19 1 Proceedings for an offence under section 2 (1) or (2) or section 14 (1) , (3) or (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge. 2 But no such proceedings may be brought more than 3 years— a after the commission of the offence, or b in the case of an offence involving a continuous contravention, after the last date on which the offence was committed. 3 A certificate signed by or on behalf of the prosecutor which states the date on which evidence referred to in subsection (1) came to the prosecutor’s knowledge is conclusive evidence of that fact, and such a certificate which purports to be so signed is to be treated as being so signed unless the contrary is proved. Individual culpability where organisation commits an offence 20 1 This section applies where— a an offence under this Act is committed by a relevant organisation, and b the commission of the offence— i involves consent or connivance on the part of a responsible individual, or ii is attributable to neglect on the part of a responsible individual. 2 The responsible individual (as well as the relevant organisation) commits the offence. 3 For the purposes of this section— “ relevant organisation ” means an organisation listed in the first column of the table in subsection (4), “ responsible individual ” means, in relation to a relevant organisation— an individual falling within the corresponding entry in the second column of the table in subsection (4), an individual purporting to act in the capacity of an individual falling within the corresponding entry. 4 The table is as follows— Organisation Individual Company as mentioned in section 1 of the Companies Act 2006 Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member Limited liability partnership Member Other partnership Partner Any other body or association Individual who is concerned in the management or control of its affairs Court orders Deprivation orders 21 1 Where a person is convicted of a relevant offence, the convicting court may make an order (in this Part referred to as a “ deprivation order ”) in respect of any dog or horse used in or present at the commission of the offence. 2 A deprivation order is an order— a depriving a person of possession or ownership (or both) of a dog or horse, and b for— i the destruction, ii the sale, or iii another disposal, of the dog or horse. 3 The court may not make— a a deprivation order which involves the destruction of a dog or horse unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the dog or horse, b any other deprivation order unless it has considered the need to ensure the welfare of the dog or horse. 4 Where the court decides not to make a deprivation order in relation to a relevant offence, it must state its reasons unless it makes a disqualification order under section 22 in relation to the offence. 5 A deprivation order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to a relevant offence. 6 A deprivation order may make provision in respect of any dependent offspring of a dog or horse to which it applies. 7 A deprivation order may include— a provision— i appointing a person who is to secure that the order is carried out, ii requiring any person possessing a dog or horse to which the order applies to give it up to a person appointed under sub-paragraph (i) , b provision authorising— i a person appointed under paragraph (a) (i) , and ii any person acting on that person’s behalf, to enter any premises where a dog or horse to which the order applies is kept, for the purposes of securing that the order is carried out, c such other provision as the court considers appropriate in connection with the order. 8 Provision under subsection (7) (c) may in particular— a require reimbursement of— i any expenses reasonably incurred in carrying out the order, ii if the dog or horse was seized by a constable under paragraph 4 (b) or 5 (2) (b) of the schedule, any expenses reasonably incurred in relation to it since it was seized, b relate to the retention of the proceeds of any sale. 9 Before making a deprivation order, the court must give the owner of the dog or horse concerned an opportunity to make representations unless it is not practicable for the court to do so. 10 In this section, “ relevant offence ” means— a an offence under section 1 (1) , b an offence under section 2 (2) , c an offence under section 14 (1) or (4) , d an offence under section 22 (10) committed by reason of owning or keeping a dog. Disqualification orders 22 1 Where a person is convicted of a relevant offence, the convicting court may make an order (in this Part referred to as a “ disqualification order ”) which imposes on the person one or more of the disqualifications specified in subsection (2) . 2 Those are disqualification from— a owning or keeping a dog (or both), b transporting a dog, c working with or using a dog (or both), d providing any service relating to dogs (including, in particular, for their care) which involves taking possession of a dog, e taking possession of a dog for the purpose of an activity in respect of which a disqualification mentioned in paragraphs (a) to (d) is imposed, f taking charge of a dog for any, or any other, purpose. 3 For the purposes of subsections (1) and (2) , disqualification in respect of an activity includes disqualification from any participation in the activity including in particular— a making arrangements in connection with the activity, b being party to arrangements under which the activity may be controlled or influenced, c being concerned (so far as relating to the activity) in the management or control of a body whose business involves the activity. 4 However, disqualification by reference to subsection (2) (f) does not include disqualification from taking charge of a dog for so long as is necessary in the circumstances for the purpose of alleviating any suffering of the dog, if no alternative arrangements for its care are reasonably available. 5 Where the court decides— a to make a disqualification order in relation to an offender’s first conviction for a relevant offence, or b not to make a disqualification order in relation to a relevant offence, it must state its reasons. 6 A disqualification order may be made in addition to any other penalty or order which may be imposed in relation to a relevant offence. 7 A disqualification order which imposes disqualification from owning or keeping a dog may be framed so as to provide that the disqualification is from owning or keeping— a more than a specified number of dogs, b dogs of a specified kind. 8 A disqualification order— a has effect for such period as may be specified in the order, b may specify a period within which an application under section 24 for termination or variation of the order may not be made. 9 The court may suspend the operation of a disqualification order— a for such period as it considers necessary for enabling arrangements to be made for the keeping of any dog to which the order applies, b pending an appeal. 10 A person commits an offence if the person breaches a disqualification order. 11 A person who commits an offence under subsection (10) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 12 If a disqualification order framed as described in subsection (7) (a) is breached, the breach is to be regarded as having occurred in relation to all of the dogs concerned (that is, without restriction by reference to the maximum number specified) for the purpose of— a any proceedings for an offence under subsection (10) , b the making of— i a deprivation order, ii a seizure order under section 23 . 13 In this section, a “relevant offence” is— a an offence under section 1 (1) , b an offence under section 2 (2) , c an offence under section 14 (1) or (4) , d an offence under subsection (10) . Seizure orders where disqualification breached 23 1 Where the court is satisfied that a person who is subject to a disqualification order owns or keeps a dog in breach of the order, the court may make an order (in this Part referred to as a “ seizure order ”) in respect of any dog which the person owns or keeps in breach of the disqualification order. 2 A seizure order may be made— a on summary application by a constable or prosecutor, b even if proceedings have not been, or are not likely to be, taken against the person for an offence under section 22 (10) . 3 A seizure order is an order— a depriving a person of possession or ownership (or both) of a dog, and b for— i the destruction, ii the sale, or iii another disposal, of the dog. 4 The court may not make— a a seizure order which involves the destruction of a dog unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the dog, b any other seizure order unless it has considered the need to ensure the welfare of the dog. 5 A seizure order may include— a provision— i appointing a person who is to secure that the order is carried out, ii requiring any person possessing a dog to which the order applies to give it up to a person appointed under sub-paragraph (i) , b provision authorising— i a person appointed under paragraph (a) (i) , and ii any person acting on that person’s behalf, to enter any premises where a dog to which the order applies is kept, for the purposes of securing that the order is carried out, c such other provision as the court considers appropriate in connection with the order. 6 Provision under subsection (5) (c) may in particular— a require reimbursement of— i any expenses reasonably incurred in carrying out the order, ii if the dog was seized by a constable under paragraph 4 (b) or 5 (2) (b) of the schedule, any expenses reasonably incurred in relation to it since it was seized, b relate to the retention of the proceeds of any sale. 7 Before making a seizure order, the court must give the owner of the dog concerned an opportunity to make representations unless it is not practicable for the court to do so. 8 In determining whether or how to make a seizure order, the court must have regard to the desirability of— a protecting the value of any dog to which the order applies, and b avoiding increasing any expenses which a person may be required to reimburse. 9 When an application is made under subsection (2) (a) , the court may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of a dog until the application is finally determined. 10 Subsections (5) , (6) (a) and (8) apply in relation to an interim order as they apply in relation to a seizure order. Termination or variation of disqualification 24 1 A person who is subject to a disqualification order may request the court which made the order to terminate or vary the order. 2 An application under subsection (1) may not be made— a before the expiry of the period of one year beginning with the date on which the order was made, b where there has been a previous application under that subsection in relation to the same order, before the expiry of the period of one year beginning with the date on which the previous application was determined, or c within any period specified under— i section 22 (8) (b) , or ii subsection (5) . 3 On an application under subsection (1) , the court may— a refuse the application, b terminate the disqualification order, or c vary the disqualification order so as to relax any disqualification imposed by it. 4 In considering the application, the court must have particular regard to— a the nature of the offence in relation to which the disqualification order was made, b the character of the applicant, and c the applicant’s conduct since the order was made. 5 Where the court refuses an application made under subsection (1) , the court may specify a period within which the applicant may not make a further application under that subsection in relation to the same order. Appeals against orders 25 1 Any deprivation order or disqualification order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995, to be treated as a sentence. 2 Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of subsection (1) ) who has an interest in any dog or horse to which the order applies may appeal to the Sheriff Appeal Court against the order by the same procedure as applies under subsection (1) in relation to a deprivation order. 3 The disqualified person by reference to whom a seizure order is made, or any person (apart from that disqualified person) who entered the process prior to the making of the order, may appeal to the Sheriff Appeal Court against the order. 4 The operation of any deprivation order or seizure order is suspended until— a any period for an appeal against the order has expired, b the period for an appeal against the conviction on which the order depends has expired, and c any appeal against the order or that conviction has been withdrawn or finally determined. 5 Where the operation of a deprivation order or seizure order is suspended under subsection (4) , or such an order cannot be carried out because decree has not been extracted, the court which made the order may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of a dog or horse for so long as the deprivation order or seizure order remains suspended or incapable of being carried out. 6 An interim order may in particular— a make provision— i appointing a person who is to secure that the interim order is carried out, ii requiring any person possessing a dog or horse to which the interim order applies to give it up to a person appointed under sub-paragraph (i) , b make provision authorising— i a person appointed under paragraph (a) (i) , and ii any person acting on that person’s behalf, to enter any premises where a dog or horse to which the interim order applies is kept, for the purposes of securing that the interim order is carried out, c for reimbursement of— i any expenses reasonably incurred in carrying out the interim order, ii if the dog or horse was seized by a constable under paragraph 4 (b) or 5 (2) (b) of the schedule, any expenses reasonably incurred in relation to it since it was seized. 7 In determining whether or how to make an interim order, the court must have regard to the desirability of— a protecting the value of any dog or horse to which the order applies, and b avoiding increasing any expenses which a person may be required to reimburse. 8 Where the operation of a deprivation order is suspended under subsection (4) , a person commits an offence if the person sells or otherwise parts with a dog or horse to which the order applies. 9 A person who commits an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). Part 4 General provisions Ancillary provision 26 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under this section may— a make different provision for different purposes, b modify any enactment (including this Act). 3 Regulations under this section— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of this or any other Act, b otherwise, are subject to the negative procedure. Interpretation 27 In this Act— “ animal ” means a vertebrate (other than a human) or an invertebrate, “ carcase ” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion of such a thing, “ constable ” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “ cover ” means a place above ground in which a wild mammal may be concealed from sight, but does not include an enclosed place from which a wild mammal could not be flushed, “ deprivation order ” has the meaning given by section 21 (1) , “ disqualification order ” has the meaning given by section 22 (1) , “ hunting ” is to be construed in accordance with section 1 (3) , “ livestock ” means cattle, sheep, goats, swine, horses, camelids, ratites, farmed deer, enclosed game birds or poultry, and for the purposes of this definition— “ cattle ” means bulls, cows, oxen, buffalo, heifers or calves, “ horses ” includes donkeys and mules, “ farmed deer ” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production, “ enclosed game birds ” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes, “ poultry ” means domestic fowls, turkeys, geese or ducks, “ premises ” has the meaning given by paragraph 1 of the schedule, “ relevant authority ” has the meaning given by section 4 (6) , “ responsible for ”, in relation to a dog, is to be construed in accordance with section 2 (6) , “ seizure order ” has the meaning given by section 23 (1) , “ under control ”, in relation to a dog, means that a person who is responsible for the dog is able to direct the dog’s activity by physical contact or verbal or audible command, “ veterinary surgeon ” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966, “ wild mammal ” has the meaning given by section 1 (3) , “ woodland ” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land. Repeal of the Protection of Wild Mammals (Scotland) Act 2002 and consequential modifications 28 1 The Protection of Wild Mammals (Scotland) Act 2002 is repealed. 2 In section 17(4) of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (information sharing report) after paragraph (h) insert— i the Hunting with Dogs (Scotland) Act 2023. . Crown application: criminal offences 29 1 Nothing in this Act makes the Crown criminally liable. 2 The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). 3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown. Crown application: powers of entry 30 1 A power of entry conferred by or under this Act is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”). Crown land Appropriate authority Land an interest in which belongs to His Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) The Crown Estate Commissioners Land an interest in which belongs to His Majesty in right of the Crown and which forms part of the Scottish Crown Estate The person managing the land Land an interest in which belongs to His Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land Land an interest in which belongs to His Majesty in right of His private estates The person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The office-holder in the Scottish Administration Land an interest in which belongs to a Government department The Government department Land an interest in which is held in trust for His Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration The office-holder in the Scottish Administration Land an interest in which is held in trust for His Majesty for the purposes of a Government department The Government department 2 In subsection (1)— a the reference to His Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the Government of the United Kingdom, c “ Scottish Crown Estate ” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. 3 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final. Commencement 31 1 This section and sections 26 and 32 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 32 The short title of this Act is the Hunting with Dogs (Scotland) Act 2023. Schedule Enforcement powers (introduced by section 18 ) Interpretation 1 In this schedule— “ domestic premises ”— means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and includes any land or structure— belonging to or usually enjoyed with the dwelling-house, or adjacent to and for the time being enjoyed with the dwelling-house, “ premises ” includes— land, any other place, including— a vehicle or vessel, a tent or other moveable structure, “ relevant offence ” means— an offence under section 1 (1) , an offence under section 2 (1) or (2) , an offence under section 12 (1) , an offence under section 14 (1) , (3) or (4) , an offence under section 22 (10) , an offence under section 25 (8) , “ relevant power ” means a power conferred on a constable by— a provision of this schedule, or a warrant granted under a provision of this schedule. Entry and associated powers 2 A constable may enter any premises (other than domestic premises)— a if there are reasonable grounds for suspecting that a relevant offence has been or is being committed at the premises, and b for the purpose of ascertaining whether or not a relevant offence has been or is being committed at the premises. 3 1 A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied— a that there are reasonable grounds for suspecting— i that a relevant offence has been or is being committed at any premises, or ii that evidence of the commission of, or participation in, a relevant offence is to be found at any premises, and b that sub-paragraph (2) or (3) applies. 2 This sub-paragraph applies if— a admission to the premises has been refused or such a refusal may reasonably be expected, and b either— i notice of the intention to seek a warrant has been given to the occupier of the premises, or ii the giving of such notice would frustrate the purpose for which the warrant is sought. 3 This sub-paragraph applies if— a the premises are unoccupied, or b the occupier is temporarily absent. 4 A warrant under paragraph 3(1) authorises a constable— a to enter the premises, b to search for, examine and seize any animal (including the carcase of an animal), vehicle, equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence. 5 1 A constable may exercise the powers in sub-paragraph (2) without a warrant under paragraph 3 (1) if— a it appears to the constable that any delay would frustrate the purpose for which the powers are to be exercised, and b the premises are not domestic premises. 2 The powers are— a to enter premises, b to search for, examine and seize any animal (including the carcase of an animal), vehicle, equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence. 6 The power to seize an animal or vehicle under paragraph 4 (b) or 5 (2) (b) may only be exercised— a where the animal or vehicle is in the possession or control of a person who the constable has reasonable grounds for suspecting has committed or is committing a relevant offence, and b where the constable considers it appropriate to seize the animal or vehicle for the purposes of— i enabling the animal or vehicle to be used in proceedings for a relevant offence, or ii enabling the animal or vehicle to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995. 7 1 A thing seized in exercise of the power in paragraph 4 (b) or 5 (2) (b) must be returned when retention of it is no longer justified for the purposes of— a enabling it to be used in proceedings for a relevant offence, or b enabling it to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995. 2 Sub-paragraph (1) does not apply to perishable things which no longer have any commercial value. Stopping and detaining vehicles or vessels 8 1 A constable in uniform may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power. 2 A vehicle or vessel may be detained under sub-paragraph (1) for so long as it is reasonably required for the purpose of the exercise of the power concerned. 3 The power concerned may be exercised either at the place where the vehicle or vessel was first detained or nearby. 4 In this paragraph, “ vehicle ” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960). Entry and associated powers: supplementary 9 A warrant granted under paragraph 3 (1) expires when it is no longer required for the purpose for which it is granted. 10 A constable exercising a relevant power must do so at a reasonable time unless it appears to the constable that the purpose of exercising the power would be frustrated by exercising it at such a time. 11 A constable may, if necessary, use reasonable force when exercising a relevant power. 12 A constable exercising a relevant power must produce evidence of the constable’s authority if asked to do so. 13 1 A relevant power includes power to take onto premises— a such persons for assistance as are required for the purpose of exercising the power, and b such equipment as is required for that purpose. 2 A relevant power includes power to do or secure the doing of any of the following— a the carrying out of tests on, and taking of samples from— i an animal (including the carcase of an animal), ii any equipment, substance or thing, b the identifying of an animal by use of a mark, microchip or any other method of identification. 14 1 A person mentioned in sub-paragraph (2) must— a comply with any reasonable direction made by a constable exercising a relevant power, and b in particular, give the constable such information and assistance as the constable may reasonably require. 2 The persons are— a the occupier of premises in relation to which a relevant power is being exercised, b a person who, in relation to an animal at the premises, appears— i to be the owner of the animal, ii to be responsible for the animal on a temporary or permanent basis, iii to be in charge of the animal, iv to have actual care and control of a person under the age of 16 years who is responsible for the animal, c a person who appears to be under the direction or control of a person mentioned in paragraph (a) or (b) . 15 A constable exercising a relevant power in relation to unoccupied premises must leave the premises as effectively secured against entry as the constable found them. Offences 16 1 A person commits an offence if the person contravenes paragraph 14 (1) without reasonable excuse. 2 A person commits an offence if the person intentionally obstructs a constable in the exercise of a relevant power. 3 A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Powers of constables under this schedule 17 The powers conferred on constables by this schedule do not affect any powers conferred on constables apart from this schedule. S. 1 not in force at Royal Assent, see s. 31(2) S. 2 not in force at Royal Assent, see s. 31(2) S. 3 not in force at Royal Assent, see s. 31(2) S. 4 not in force at Royal Assent, see s. 31(2) S. 5 not in force at Royal Assent, see s. 31(2) S. 6 not in force at Royal Assent, see s. 31(2) S. 7 not in force at Royal Assent, see s. 31(2) S. 8 not in force at Royal Assent, see s. 31(2) S. 9 not in force at Royal Assent, see s. 31(2) S. 10 not in force at Royal Assent, see s. 31(2) S. 11 not in force at Royal Assent, see s. 31(2) S. 12 not in force at Royal Assent, see s. 31(2) S. 13 not in force at Royal Assent, see s. 31(2) S. 14 not in force at Royal Assent, see s. 31(2) S. 15 not in force at Royal Assent, see s. 31(2) S. 16 not in force at Royal Assent, see s. 31(2) S. 17 not in force at Royal Assent, see s. 31(2) S. 18 not in force at Royal Assent, see s. 31(2) S. 19 not in force at Royal Assent, see s. 31(2) S. 20 not in force at Royal Assent, see s. 31(2) S. 21 not in force at Royal Assent, see s. 31(2) S. 22 not in force at Royal Assent, see s. 31(2) S. 23 not in force at Royal Assent, see s. 31(2) S. 24 not in force at Royal Assent, see s. 31(2) S. 25 not in force at Royal Assent, see s. 31(2) S. 26 in force at 8.3.2023, see s. 31(1) S. 27 not in force at Royal Assent, see s. 31(2) S. 28 not in force at Royal Assent, see s. 31(2) S. 29 not in force at Royal Assent, see s. 31(2) S. 30 not in force at Royal Assent, see s. 31(2) S. 31 in force at 8.3.2023, see s. 31(1) S. 32 in force at 8.3.2023, see s. 31(1) Sch. para. 1 not in force at Royal Assent, see s. 31(2) Sch. para. 2 not in force at Royal Assent, see s. 31(2) Sch. para. 3 not in force at Royal Assent, see s. 31(2) Sch. para. 4 not in force at Royal Assent, see s. 31(2) Sch. para. 5 not in force at Royal Assent, see s. 31(2) Sch. para. 6 not in force at Royal Assent, see s. 31(2) Sch. para. 7 not in force at Royal Assent, see s. 31(2) Sch. para. 8 not in force at Royal Assent, see s. 31(2) Sch. para. 9 not in force at Royal Assent, see s. 31(2) Sch. para. 10 not in force at Royal Assent, see s. 31(2) Sch. para. 11 not in force at Royal Assent, see s. 31(2) Sch. para. 12 not in force at Royal Assent, see s. 31(2) Sch. para. 13 not in force at Royal Assent, see s. 31(2) Sch. para. 14 not in force at Royal Assent, see s. 31(2) Sch. para. 15 not in force at Royal Assent, see s. 31(2) Sch. para. 16 not in force at Royal Assent, see s. 31(2) Sch. para. 17 not in force at Royal Assent, see s. 31(2) S. 28 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 30 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 1 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 2 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 3 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 4 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 5 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 6 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 7 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 8 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 9 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 10 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 11 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 12 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 13 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 14 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 15 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 16 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 17 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 18 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 19 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 20 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 21 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 22 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 23 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 24 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 25 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 27 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 29 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 1 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 2 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 3 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 4 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 5 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 6 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 7 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 8 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 9 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 10 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 11 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 12 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 13 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 14 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 15 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 16 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 17 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2
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[uk-legislation-asp][asp] 2024-03-01 Non-Domestic Rates (Coronavirus) (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/7/2022-07-29
http://www.legislation.gov.uk/asp/2022/7/2022-07-29 Non-Domestic Rates (Coronavirus) (Scotland) Act 2022 2022-08-15 Statute Law Database 2022-07-29 Non-Domestic Rates (Coronavirus) (Scotland) Act 2022 2022 asp 7 An Act of the Scottish Parliament to make provision about the effect of coronavirus on the calculation of the net annual value and rateable value of lands and heritages for the purpose of non-domestic rates. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st June 2022 and received Royal Assent on 28th July 2022 Effect of coronavirus on net annual values and rateable values of lands and heritages 1 1 In calculating the net annual value or rateable value of any lands and heritages in respect of which a relevant determination is made, no account is to be taken of any matter occurring on or after 2 April 2020 that is (whether directly or indirectly) attributable to coronavirus. 2 But subsection (1) does not apply to taking account of the physical state of the lands and heritages in respect of which the relevant determination is made, including whether that state affects the mode or category of occupation of the lands or heritages. 3 For the purposes of subsection (1), where a matter attributable to coronavirus first occurs before 2 April 2020 and continues to occur on or after 2 April 2020, no account is to be taken of that matter from on or after 2 April 2020. 4 For the purposes of this section, a “relevant determination”— a means a calculation of the net annual value, altered net annual value, rateable value or altered rateable value of any lands and heritages, or some part of lands and heritages, for the purposes of any entry in the valuation roll, but b does not include a determination as to whether any lands and heritages, or some part of lands and heritages, are or are not to be included in the valuation roll. 5 For the purposes of this section, matters that are attributable to coronavirus include (but are not limited to)— a anything done by any person— i with a view to compliance with any legislation which concerns the incidence or spread of coronavirus, ii with a view to compliance with any legislation for reasons relating to the incidence or spread of coronavirus, or iii in response to, or otherwise in consequence of, any advice or guidance given by a public authority relating to the incidence or spread of coronavirus, and b any change— i in the rent of the lands and heritages in respect of which a relevant determination is made (or any other lands and heritages) that is attributable to coronavirus, or ii in the level of valuations generally or in the value of lands and heritages generally that is attributable to coronavirus. Alteration of valuation roll 2 1 The assessor for each valuation area must, in respect of that area— a apply the rule imposed by section 1(1) to the valuation roll, and b make any resulting change to the net annual value or the rateable value of any lands and heritages. 2 This section applies both— a while the valuation roll is in force, and b after the valuation roll ceases to be in force. Interpretation 3 In this Act— “ assessor ” means an assessor appointed under section 27(2) of the Local Government etc. (Scotland) Act 1994 and includes a depute assessor, “ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), “ lands and heritages ” is to be construed in accordance with section 42 of the Lands Valuation (Scotland) Act 1854, “ net annual value ”, in relation to lands and heritages, means— in the case of part residential subjects, the net annual value entered in the valuation roll made up under section 1 of the Local Government (Scotland) Act 1975 for a particular date on or after 2 April 2020 and apportioned to the non-residential use of those subjects, and in any other case, the net annual value entered in that valuation roll for a particular date on or after 2 April 2020 in respect of those lands and heritages, and includes a net annual value so entered with retrospective effect, “ rateable value ”, in relation to lands and heritages, means— in the case of part residential subjects, the rateable value entered in the valuation roll made up under section 1 of the Local Government (Scotland) Act 1975 for a particular date on or after 2 April 2020 and apportioned to the non-residential use of those subjects, and in any other case, the rateable value entered in that valuation roll for a particular date on or after 2 April 2020 in respect of those lands and heritages, and includes a rateable value so entered with retrospective effect, “ valuation roll ” means a valuation roll made up on 1 April 2017 and maintained by the assessor for each valuation area under Part 1 of the Local Government (Scotland) Act 1975. Revocation of the Valuation and Rating (Coronavirus) (Scotland) Order 2021 4 The Valuation and Rating (Coronavirus) (Scotland) Order 2021 ( S.S.I. 2021/445 ) is revoked. Commencement 5 This Act comes into force on the day after Royal Assent. Short title 6 The short title of this Act is the Non-Domestic Rates (Coronavirus) (Scotland) Act 2022. S. 1 in force at 29.7.2022, see s. 5 S. 2 in force at 29.7.2022, see s. 5 S. 3 in force at 29.7.2022, see s. 5 S. 4 in force at 29.7.2022, see s. 5 S. 5 in force at 29.7.2022, see s. 5 S. 6 in force at 29.7.2022, see s. 5
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[uk-legislation-asp][asp] 2024-03-01 Budget (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/3/2023-03-30
http://www.legislation.gov.uk/asp/2022/3/2023-03-30 Budget (Scotland) Act 2022 Statute Law Database 2023-12-03 Expert Participation 2023-03-30 Budget (Scotland) Act 2022 2022 asp 3 An Act of the Scottish Parliament to make provision, for financial year 2022/23, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2023/24, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th February 2022 and received Royal Assent on 23rd March 2022 PART 1 Financial year 2022/23 Use of resources etc. The Scottish Administration 1 1 The Scottish Administration may use resources in financial year 2022/23 for the purposes specified in column 1 of schedule 1 — a in the case of resources other than accruing resources, up to the amounts specified in the corresponding entries in column 2 of that schedule, b in the case of accruing resources, up to the amounts specified in the corresponding entries in column 3 of that schedule. 2 Despite paragraphs (a) and (b) of subsection (1) , the resources which may be used for a purpose specified in column 1 may exceed the amount specified in the corresponding entry in column 2 or (as the case may be) column 3 if— a in the case of resources other than accruing resources, the first condition is met, b in the case of accruing resources, the second condition is met. 3 The first condition is that the total resources (other than accruing resources) used in financial year 2022/23 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 2. 4 The second condition is that the total accruing resources used in financial year 2022/23 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 3. Direct-funded bodies 2 1 A direct-funded body may use resources in financial year 2022/23 for the purposes specified in column 1 of schedule 2 in relation to the body. 2 Resources other than accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 2 of that schedule. 3 Accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 3 of that schedule. Borrowing by statutory bodies 3 In schedule 3 , the amounts set out in column 2 are the amounts specified for financial year 2022/23 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the statutory bodies mentioned in that column). The Scottish Consolidated Fund Overall cash authorisations 4 1 For the purposes of section 4(2) of the PFA Act 2000, the overall cash authorisations for financial year 2022/23 are as follows. 2 In relation to the Scottish Administration, £50,569,623,000 . 3 In relation to the direct-funded bodies— a the Scottish Parliamentary Corporate Body, £110,107,000 , b Audit Scotland, £11,172,000 . Contingency payments 5 1 This section applies where, in financial year 2022/23, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998— a for or in connection with expenditure of the Scottish Administration, a sum which does not fall within the amount specified in section 4 (2) in relation to it, or b for or in connection with expenditure of a direct-funded body, a sum which does not fall within the amount specified in section 4 (3) in relation to the body. 2 The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers. 3 The Scottish Ministers may authorise payment of the sum only if they consider that— a the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the Scotland Act 1998, and b it is not reasonably practicable, for reasons of urgency, to amend the overall cash authorisation by regulations under section 7 . 4 But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund. 5 The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50,000,000. 6 Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary. PART 2 Financial year 2023/24 Emergency arrangements 6 1 This section applies if, at the beginning of financial year 2023/24, there is no overall cash authorisation for that year for the purposes of section 4(2) of the PFA Act 2000. 2 Until there is in force a Budget Act providing such authorisation, there is to be taken to be an overall cash authorisation for each calendar month of that year in relation to each of— a the Scottish Administration, b the direct-funded bodies, of an amount determined under subsection (3) . 3 That amount is whichever is the greater of— a one-twelfth of the amount specified in section 4 (2) or (3) in relation to the Scottish Administration or (as the case may be) the direct-funded body in question, b the amount paid out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998 in the corresponding calendar month of financial year 2022/23 for or in connection with expenditure of the Scottish Administration or (as the case may be) that direct-funded body. 4 Section 4 of the PFA Act 2000 has effect accordingly. 5 This section is subject to any provision made by a Budget Act for financial year 2023/24. PART 3 Miscellaneous Amendment and repeal Budget revision regulations 7 1 The Scottish Ministers may by regulations amend— a the amounts specified in section 4 (2) and (3) , b schedules 1 to 3 . 2 Regulations under this section are subject to the affirmative procedure. Repeal of spent provisions 8 Part 2 (financial year 2022/23) of the Budget (Scotland) Act 2021 is repealed. Final provisions Interpretation 9 1 In this Act, the “ PFA Act 2000 ” means the Public Finance and Accountability (Scotland) Act 2000. 2 References in this Act to accruing resources in relation to the Scottish Administration or a direct-funded body are to such resources accruing to the Administration or (as the case may be) that body in financial year 2022/23. 3 References in this Act to the direct-funded bodies are to the bodies listed in section 4 (3) (and references to a direct-funded body are to either of those bodies). 4 Except where otherwise expressly provided, expressions used in this Act and in the PFA Act 2000 have the same meanings in this Act as they have in that Act. Commencement 10 This Act comes into force on the day after Royal Assent. Short title 11 The short title of this Act is the Budget (Scotland) Act 2022. SCHEDULE 1 The Scottish Administration (introduced by section 1 ) Purposes Amount of resources, other than accruing resources (£) Amount of accruing resources (£) 1. Through their Health and Social Care portfolio, for use by the Scottish Ministers on: operational and administrative costs; hospital and community health services; family health services, including local GP practices, pharmacy, dental and ophthalmic services; community care; mental health services; capital investment; health and social care integration outcomes framework; delivery of services by digital means and communication; care, support and rights; social care support; early years; other health and social care services; the Independent Living Fund Scotland; the Mental Welfare Commission for Scotland; Social Care and Social Work Improvement Scotland; the Scottish Sports Council; ; Active Healthy Lives. 17,895,802,000 3,000,000,000 2. Through their Social Justice, Housing and Local Government portfolio, for use by the Scottish Ministers on: operational and administrative costs; financial support to local authorities, including the guaranteed combined general revenue grant and distributable non-domestic rates income; a general capital grant and other local authority revenue and capital grants for specific purposes, including the Transfer of the Management of Development Funding and the Vacant and Derelict Land Fund; housing support grant; other services, including discretionary payments under the Bellwin scheme covering floods, storms and other emergencies; funding to support research and the development and design of local taxation and local government governance; grant assistance and funding of strategic programmes to create the best conditions for the third sector and volunteering to thrive; building standards; housing subsidies and guarantees; repayment of debt and associated costs; other expenditure, contributions and grants relating to housing; activities relating to homelessness; research and publicity and other portfolio services; grants to local authorities and registered social landlords; loans to individuals; participatory budgeting; social justice activities, including tackling poverty and inequality with a particular focus on child poverty; grants and loans to organisations; funding for advice and advocacy services; funding to support the design, development and implementation of social security powers; funding for Social Security Scotland; funding for the Scottish Commission on Social Security; funding of payments of social security assistance; funding to tackle poverty; grant assistance; funding of strategic contracts; expenditure relating to equality and human rights issues, including grants to organisations; expenditure relating to tackling hate crime; expenditure relating to supporting people who are destitute, including refugees and asylum seekers , and in particular the Warm Scots Welcome scheme for resettling displaced people from Ukraine in Scotland ; expenditure relating to community support, resilience and engagement. 18,002,225,000 90,000,000 3. Through their Finance and the Economy portfolio, for use by the Scottish Ministers on: operational and administrative costs; the running and capital costs of the Scottish Public Pensions Agency; expenditure on committees, commissions and other portfolio services; expenditure on corporate and central services, including procurement and e-commerce; support for the running costs of Scottish Futures Trust Limited; digital strategy and economy; expenditure in relation to the Office of Chief Statistician; support for Growth Accelerator and Green Growth Accelerator programmes; regeneration programmes; planning; grant in aid for Scottish Enterprise, Highlands and Islands Enterprise and South of Scotland Enterprise; industry, innovation and technology/digital grants and support for low carbon economy; sundry enterprise-related activities; expenditure in relation to the running costs of the Office of the Chief Economic Adviser; the Enterprise and Skills Analytical Unit; grant in aid for the Scottish National Investment Bank; the Accountant in Bankruptcy; European Structural Fund grants to the Enterprise Networks, local authorities, further and higher education institutions, third sector bodies and other eligible bodies and organisations; costs of delivery and evaluation of European Structural Fund; funding for employment support, learning opportunities, workforce development and supporting fair work principles; consumer policy related spend; funding for City and Regional Growth Deals; support for Ferguson Marine; VisitScotland; tourism; digital and broadband connectivity; contributions and grants relating to regeneration; community-led regeneration; community engagement; community empowerment; support for inward trade and investment and exports. 1,495,968,000 400,000,000 4. Through their Education and Skills portfolio, for use by the Scottish Ministers on: operational and administrative costs; schools; training and development of teachers; educational research, development and promotion; Scottish Attainment Challenge related programmes; provision of Pupil Equity Funding; supporting implementation of education reforms; the Gaelic language; Bòrd na Gàidhlig; Gaelic Media Service (MG Alba); the Scots language; funding of Education Scotland, Disclosure Scotland and Additional Support Needs Tribunals for Scotland; funding expansion of early learning and childcare; child protection and care for looked after and vulnerable children; youth justice and preventing offending by children and young people; secure care for children and young people; advocacy for children and young people; development of the social services workforce; supporting quality improvement and improvement science through the children and young people improvement collaborative; development of the community learning and development workforce; parenting and play; support for families with severely disabled children; early intervention funding for the third sector through the Children, Young People and Families Early Intervention and Adult Learning and Empowering Communities Fund; running costs of the Scottish Child Abuse Inquiry; running costs of the Care Review and implementation of The Promise; incorporation of the United Nations Convention on the Rights of the Child; implementation of Getting It Right For Every Child; financial redress for survivors of child abuse in care, including introduction and development of Redress Scotland; central government grants to local authorities; grant funding for the Scottish Credit and Qualifications Framework Partnership and Scottish Qualifications Authority accreditation; grant in aid for the Scottish Further and Higher Education Funding Council, Scottish Qualifications Authority (including qualifications delivery and development), Children's Hearings Scotland, Scottish Children's Reporter Administration and Scottish Social Services Council; grant in aid for Skills Development Scotland; administration funding for the Student Awards Agency Scotland (SAAS); funding administered by SAAS for fees, grants, bursaries, student loans and related costs of higher education student support; Enterprise in Education; activities associated with the Chief Scientific Adviser for Scotland and the promotion of science; international and other educational services; funding for international college and university activities; sundry lifelong learning activities, including community-based adult learning; funding activities for young people to develop skills in connection with training and work; funding for employment support programmes; the provision of Education Maintenance Allowances. 4,004,146,000 350,000,000 5. Through their Justice and Veterans portfolio, for use by the Scottish Ministers on: operational and administrative costs; legal aid, including the running costs of the Scottish Legal Aid Board; criminal injuries compensation (including administration); support for victims and witnesses of crime, victims of human trafficking and addressing violence against women and girls; certain services relating to crime, including the Parole Board for Scotland; the Scottish Prison Service; the Scottish Criminal Cases Review Commission; the Scottish Law Commission; the Risk Management Authority; the Scottish Police Authority and Police Investigations and Review Commissioner and His Majesty’s Inspectors of Constabulary in Scotland ; additional police services; the running costs of inquiries and reviews; the Scottish Fire and Rescue Service and His Majesty’s Inspectors of the Scottish Fire and Rescue Service ; the payment of police and fire pensions; cyber resilience; central government grants to local authorities for criminal justice social work; measures to create safer and stronger communities, including Community Justice Scotland; miscellaneous services relating to the administration of justice; veterans; community justice services; court services, including judicial pensions; certain legal services; costs and fees in connection with legal proceedings; .... 3,328,192,000 39,700,000 6. Through their Net Zero, Energy and Transport portfolio, for use by the Scottish Ministers on: operational and administrative costs; support for passenger rail services, rail infrastructure and associated rail services; support for the development and delivery of concessionary travel schemes; support for the bus industry; funding for major public transport projects; the running costs of Transport Scotland; funding for the Strategic Transport Projects Review; funding for travel information services and accessible travel; the maintenance and enhancement of the trunk road network; support for ferry services, loans and grants relating to vessel construction or procurement, grants for pier, harbour and other port infrastructure; support for Highlands and Islands Airports Limited; support and loans for investment in air services; funding for the Air Discount Scheme; support for the Tay Road Bridge Joint Board; support for the freight industry; support for Scottish Canals; funding to promote sustainable and active travel; funding and loans to support net-zero emissions and climate change transport initiatives; contributing to the running costs of Regional Transport Partnerships and other bodies associated with the transport sector; support for the Glasgow Subway Modernisation programme; funding for road safety; costs in relation to funding the office of the Scottish Road Works Commissioner; costs related to public inquiries; funding for domestic energy efficiency, insulation and refurbishment projects; funding for domestic and non-domestic energy-related activities; central government grants to local authorities; advisory, research and development services; action to prevent waste, improve recycling, reduce emissions from waste, tackle litter and deliver a circular economy strategy; botanical and scientific services; assistance to production, marketing and processing; administration, land management and other agricultural services; natural economy, including addressing biodiversity loss and peatland and nature restoration; environmental protection; other environmental expenditure; flood prevention; coastal protection; air quality monitoring; climate change activities, including the Land Managers’ Renewables Fund and Climate Justice Fund; funding for land reform and community ownership; Scottish Natural Heritage; the Scottish Environment Protection Agency; the National Park authorities; Royal Botanic Garden Edinburgh; the Scottish Land Commission; water grants, including to the Water Industry Commission for Scotland and funding for the Drinking Water Quality Regulator for Scotland; loans to Scottish Water and Scottish Water Business Stream Holdings Limited; Scottish Forestry; Forestry and Land Scotland; the promotion of forestry and land management, including advising on the development and delivery of forestry policy; regulating the forestry sector and supporting it through grants; managing Scotland’s national forests and land. 4,141,133,000 600,000,000 7. Through their Rural Affairs and Islands portfolio, for use by the Scottish Ministers on: operational and administrative costs; market support, including grants in relation to agriculture and food and drink; support for agriculture in special areas, including grants for rural development; rural development generally; agri-environmental and farm woodland measures; compensation to sheep producers; animal health; agricultural education; agricultural support reform; administration of the European Maritime and Fisheries Fund and the emergency harbour grants scheme; rural affairs; support for crofting communities, including the crofting environment; funding for National Islands Plan related initiatives; core marine functions involving scientific research, compliance, policy and management of Scotland’s seas, representing Scotland’s interests in relation to common fisheries policy, international fisheries policy, international fisheries negotiation and aquaculture and freshwater policy, administration of all marine consents required for depositing substances at sea, coastal protection and offshore renewables and sponsorship of Crown Estate Scotland. 897,879,000 300,000,000 8. Through their Constitution, External Affairs and Culture portfolio, for use by the Scottish Ministers on: operational and administrative costs; support for the arts, culture and creativity in Scotland; cultural and heritage organisations; the creative industries; central government grants to non-departmental public bodies, local authorities and other bodies and organisations; architecture; funding to support Royal and ceremonial activity; international and European relations; protecting Scotland’s place in Europe; development assistance. 271,038,000 200,000,000 9. Through their Deputy First Minister and Covid Recovery portfolio, for use by the Scottish Ministers on: operational and administrative costs; running costs of Scottish Resilience, including supporting community resilience projects; funding to support electoral administration; funding of Boundaries Scotland; funding to support social research and analysis; funding to support implementation of extension of Freedom of Information legislation; costs associated with the functions of the Queen's Printer for Scotland; expenditure and grant assistance in relation to public service reform and efficiency. 44,847,000 Nil 10. For use by the Lord Advocate, through the Crown Office and Procurator Fiscal Service, on: operational and administrative costs relating to the investigation and prosecution of crime and the investigation of deaths; operational and administrative costs in relation to functions in respect of extradition and mutual legal assistance; costs relating to the United Kingdom's withdrawal from the European Union, including work on the consequences for continued law enforcement and criminal justice co-operation; fees paid to Advocate Deputes, temporary procurators fiscal and ad hoc Advocate Deputes; witness expenses; victim expenses; other costs associated with Crown prosecutions and cases brought under the Proceeds of Crime Act 2002; for use by the Lord Advocate, through the Civil Recovery Unit, on: investigations and cases brought under the Proceeds of Crime Act 2002; and for use by the Crown Agent for the office of the Queen's and Lord Treasurer's Remembrancer (including special payments made in relation to intestate estates which fall to the Crown as ultimate heir). 194,513,000 3,000,000 11. Through the National Records of Scotland, for use by the Scottish Ministers, the Registrar General of Births, Deaths and Marriages for Scotland and the Keeper of the Records of Scotland on: operational and administrative costs (including costs associated with running the ScotlandsPeople Centre and delivery of Scotland's Census). 62,860,000 9,800,000 12. For use by the Office of the Scottish Charity Regulator on: operational and administrative costs. 3,430,000 Nil 13. For use by the Scottish Housing Regulator on: operational and administrative costs. 5,234,000 Nil 14. For use by the Scottish Courts and Tribunals Service on: operational and administrative costs. 186,493,000 47,000,000 15. For use by the Scottish Fiscal Commission on: operational and administrative costs. 2,303,000 Nil 16. For use by Revenue Scotland on: operational and administrative costs. 7,721,000 Nil 17. For use by Food Standards Scotland on: operational and administrative costs, including research, monitoring and surveillance and public information and awareness relating to food safety, standards and improving diet; protecting the other interests of consumers in relation to food. 26,170,000 5,000,000 18. For use by the Scottish Ministers on: pensions, allowances, gratuities etc. payable in respect of the teachers' and national health service pension schemes. 6,966,062,000 3,100,000,000 19. For use by Registers of Scotland on: operational and administrative costs. 13,065,000 100,000,000 20. For use by Environmental Standards Scotland on: operational and administrative costs. 2,101,000 Nil Total amount of resources 57,551,182,000 8,244,500,000 SCHEDULE 2 Direct-funded bodies (introduced by section 2 ) Purposes Amount of resources, other than accruing resources (£) Amount of accruing resources (£) 1. For use by the Scottish Parliamentary Corporate Body on: operational and administrative costs of the Scottish Parliament; payments in respect of the Commissioner for Ethical Standards in Public Life in Scotland, the Standards Commission for Scotland, the Scottish Public Services Ombudsman, the Scottish Information Commissioner, the Scottish Commission for Human Rights, the Commissioner for Children and Young People in Scotland, the Scottish Biometrics Commissioner and the devolved Scottish functions of the Electoral Commission; any other payments relating to the Scottish Parliament. 130,186,000 1,000,000 2. For use by Audit Scotland on: the exercise of its functions, including assistance and support to the Auditor General for Scotland and the Accounts Commission for Scotland; other audit work for public bodies; payment of pensions to former Local Government Ombudsmen and their staff. 17,037,000 25,000,000 SCHEDULE 3 Borrowing by statutory bodies (introduced by section 3 ) Enactment Amount (£) 1. Section 25 of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise). 10,000,000 2. Section 26 of that Act (Highlands and Islands Enterprise). 1,000,000 3. Section 48 of the Environment Act 1995 (Scottish Environment Protection Agency). Nil 4. Section 42B of the Water Industry (Scotland) Act 2002 (Scottish Water). 220,000,000 5. Section 14 of the Water Services etc. (Scotland) Act 2005 (Scottish Water Business Stream Holdings Limited and any subsidiary of it within the meaning of section 1159 of the Companies Act 2006). 100,000,000 S. 1 in force at 24.3.2022, see s. 10 S. 2 in force at 24.3.2022, see s. 10 S. 3 in force at 24.3.2022, see s. 10 S. 4 in force at 24.3.2022, see s. 10 S. 5 in force at 24.3.2022, see s. 10 S. 6 in force at 24.3.2022, see s. 10 S. 7 in force at 24.3.2022, see s. 10 S. 8 in force at 24.3.2022, see s. 10 S. 9 in force at 24.3.2022, see s. 10 S. 10 in force at 24.3.2022, see s. 10 S. 11 in force at 24.3.2022, see s. 10 Sch. 1 in force at 24.3.2022, see s. 10 Sch. 2 in force at 24.3.2022, see s. 10 Sch. 3 in force at 24.3.2022, see s. 10 Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(a) Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(b)(i) Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(b)(ii) Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(b)(iii) Sum in sch. 1 substituted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(4)(a) Sum in sch. 2 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 4(2)(a) Sum in sch. 2 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 4(2)(b) Sum in sch. 2 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 4(3) Words in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(2)(a) Words in sch. 1 omitted (30.3.2023) by virtue of The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(2)(b) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(a) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(b) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(c) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(d) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(e) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(f) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(g) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(h) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(i) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(j) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(k) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(l) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(m) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(n) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(o) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(p) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(q) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(r) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(s) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(4)(a) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(4)(b) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(4)(c) Sum in s. 4(2) substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 2(a) Sum in s. 4(3)(a) substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 2(b) Sum in s. 4(3)(b) substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 2(c)
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