89.This section provides for the automatic repeal of the Act. It provides that the Act ceases to have effect on 31 December 2028.
90.However the operation of section 17 of the Interpretation and Legislative Reform (Scotland) Act 2010 means that this repeal would not affect a liability to a penalty for an offence under the Act which is committed before the repeal. Furthermore the Act would continue to have effect for the purposes of investigating the offence, bringing proceedings for the offence, and imposing a penalty for the offence.
91.The duties under section 35 (review of Act) continue to apply if they are not carried out by 31 December 2028, despite the repeal of the Act on that date. Those duties continue to apply under the end of the day on which the report of the review is published or 31 December 2030 (whichever is earlier).
The Act Final provisions Section 40: Repeal