Commentary on Sections Part 4: General and Final Provisions Clause 91 and Schedule 13: Transitional and transitory provisions and savings
325.Subsection (1) of this clause gives effect to Schedule 13. Subsection (2) provides for the Secretary of State to make, by order, appropriate transitional, transitory or saving provisions in connection with the coming into force of any provision of the Bill other than the provisions specified in clause 94(4). The power in respect of these provisions is exercisable by the Scottish Ministers.
326.Paragraph 6 of Schedule 13 relates to the new offences created in Part 2 of the Bill. It provides that where a person is charged in respect of the same conduct with the common law offence of incitement or an offence under section 42, but it is not possible to establish whether the conduct took place before or after the commencement of Part 2, he should be treated as if the conduct took place before the commencement of Part 2.