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SCHEDULE 4 |
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PROVISIONS OF ACT NOT PROTECTED FROM MODIFICATION |
| 1. Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying sections 20(5) and (6) and 23(9). |
| 2. - (1) Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying any enactment so far as the enactment is modified by- |
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(a) sections 88 and 104 to 108, or |
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(b) the following paragraphs of Schedule 7: 5, 6, 8 and 16 to 18. |
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(2) Sub-paragraph (1) does not apply to section 106(3), as it has effect in relation to any provision of an Act of Parliament relating to judicial salaries, or to section 106(6). |
| 3. - (1) Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying any provision of this Act (other than section 106) which- |
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(a) charges any sum on the Scottish Consolidated Fund, |
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(b) requires any sum to be paid out of that Fund without further approval, or |
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(c) requires or authorises the payment of any sum into that Fund. |
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(2) Sub-paragraph (1) does not apply to sections 61(7), 63(2), 67(5), 73 and 74. |
| 4. Section 28(2)(b) does not prevent an Act of the Scottish Parliament- |
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(a) establishing a new fund, in addition to the Scottish Consolidated Fund, out of which loans may be made by the Scottish Ministers, and |
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(b) making any amendments of Part III which are necessary or expedient for the purpose or in consequence of the establishment of the new fund. |
| 5. - (1) Section 28(2)(b) does not prevent an Act of the Scottish Parliament modifying any reference in this Act mentioned in sub-paragraph (2) if such a modification is otherwise within the legislative competence of the Parliament. |
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(2) Those references are the references to- |
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| the High Court of Justiciary, |
| the Lands Tribunal for Scotland, |
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| sheriffs principal and sheriffs, |
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| the Keeper of the Registers of Scotland, |
| the Keeper of the Records of Scotland, |
| the Registrar General of Births, Deaths and Marriages for Scotland, |
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| the Land Register of Scotland, |
| local government elections and registers of local government electors, and |
| the enactments mentioned in sections 37(2), 38(2), 80(2) and 99(2) and paragraph 6(5) of Schedule 1. |