PART 3Ill-treatment and wilful neglect

Remedial orders and publicity orders

I131Remedial and publicity orders: prosecutor's right of appeal

1

The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this section.

2

In section 108 (Lord Advocate's right of appeal against disposal)—

a

in subsection (1), after paragraph (cd) insert—

ce

a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order,

cf

a decision under section 30(2) of that Act not to make a publicity order,

b

in subsection (2)(b)(ii), for the words “or (cd)” substitute “ , (cd), (ce) or (cf) ”.

3

In section 175 (right of appeal from summary proceedings)—

a

in subsection (4), after paragraph (cd) insert—

ce

a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order,

cf

a decision under section 30(2) of that Act not to make a publicity order,

b

in subsection (4A)(b)(ii), for “or (cd)” substitute “ , (cd), (ce) or (cf) ”.