The Defamation and Malicious Publication (Scotland) Act 2021 (Commencement and Transitional Provision) Regulations 2022
| Jurisdiction | Scotland |
| Citation | SSI 2022/154 |
| Year | 2022 |
2022 No. 154 (C. 10)
Defamation
The Defamation and Malicious Publication (Scotland) Act 2021 (Commencement and Transitional Provision) Regulations 2022
Made 3rd May 2022
Laid before the Scottish Parliament 5th May 2022
Coming into force 8th August 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 39(2), (3) and (4) of the Defamation and Malicious Publication (Scotland) Act 20211and all other powers enabling them to do so.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Defamation and Malicious Publication (Scotland) Act 2021 (Commencement and Transitional Provision) Regulations 2022 and come into force on 8 August 2022.
(2) In these Regulations, “the 2021 Act” means the Defamation and Malicious Publication (Scotland) Act 2021.
Appointed day
2. The day appointed for the coming into force of the 2021 Act, so far as not already in force, is 8 August 2022.
Specifying the date on which certain provisions come into force
3. In section 18A (limitation of defamation and other actions) of the Prescription and Limitation (Scotland) Act 19732, in each of subsections (3A) and (3B), for “the day on which section 32 of the 2021 Act comes into force” substitute “8 August 2022”.
Transitional provision
4.—(1) Sections 2 (prohibition on public authorities bringing proceedings) and 3 (restriction on proceedings against secondary publishers) of the 2021 Act have no effect in relation to any right of action for defamation where the right to bring such proceedings accrued before 8 August 2022.
(2) Sections 33 (interruption of limitation period: mediation) and 34 (interruption of limitation period: media complaints and expert determination) of the 2021 Act have no effect in relation to any action for defamation or any proceedings for a verbal injury where the right of action or the right to bring such proceedings accrued before 8 August 2022.
ASH REGAN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
3rd May 2022
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force the Defamation and Malicious Publication (Scotland) Act 2021 (“the 2021 Act”), insofar as not already in force. The Bill for the 2021 Act received Royal Assent...
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