Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018

Repeal of the 2012 Act

1

The 2012 Act is repealed.

Offences

2

• (1) Despite section 17 of the Interpretation and Legislative Reform (Scotland) Act 2010, on or after the relevant date—

• (a) no person can be convicted of or found to have committed a relevant offence, and

• (b) no penalty may be imposed on a person in respect of a relevant offence of which that person was convicted prior to the relevant date.

• (2) Subsection (1) applies, but is not limited, to any prosecution brought (whether before, on or after the relevant date) under section 119 or section 185 of the 1995 Act.

• (3) In proceedings for a relevant offence begun before, but not determined by, the relevant date the person charged in the proceedings may be convicted of a different offence if the facts proved in the proceedings amount to that different offence.

• (4) In subsection (3), “different offence” means a statutory offence other than a relevant offence.

Transitional and saving provision

3

This Act does not affect the liability of a person to a penalty imposed prior to the relevant date for a relevant offence of which that person was convicted prior to the relevant date.

Fixed penalties

4

In Part 1 of the table in section 128 of the Antisocial Behaviour etc. (Scotland) Act 2004 (fixed penalty offences), the entry relating to section 1(1) of the 2012 Act is repealed.

Interpretation

5

In this Act—

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,

• “the 2012 Act” means the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012,

• “Appeal Court” means the High Court or the Sheriff Appeal Court,

• “High Court” has the meaning given by section 307 of the 1995 Act,

• “the relevant date” means the date on which this Act comes into force,

• “relevant offence” means an offence under section 1 or section 6 of the 2012 Act.

Commencement

6

This Act comes into force on the day after Royal Assent.

Short title

7

The short title of this Act is the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018.