Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Police, Public Order and Criminal Justice (Scotland) Act 2006

Type Act of the Scottish Parliament

Publication 2025-06-25

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) If the Authority considers that it is necessary for the maintenance of public confidence in the Agency to do so, the Authority may, after consulting the Scottish Ministers, suspend the Director General from duty.

(7) Nothing in this paragraph affects any power of the Authority to terminate or suspend the Director General's appointment in accordance with the terms and conditions of that appointment.

(8) Sub-paragraphs (1) to (7) apply in relation to the Deputy Director General as they apply in relation to the Director General.

Director General and Deputy Director General: common provisions

4

(1) A person appointed as Director General or Deputy Director General—

(a) is, subject to paragraph 9(1), appointed on such terms and conditions as the Scottish Ministers may specify;

(b) is by virtue of the appointment a member of the staff of the Authority;

(c) is, if immediately before appointment a constable of a police force, engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(bf) of the 1967 Act;

(d) in any other case—

(i) is, on appointment, appointed to the office of constable of the Agency; and

(ii) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine covering the proper discharge of the duties of the office.

(2) Without prejudice to any other enactment conferring powers on constables for particular purposes, where the Director General or Deputy Director General makes a declaration such as is mentioned in sub-paragraph (1)(d)(ii), the Director General or (as the case may be) the Deputy Director General has all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.

(3) In sub-paragraph (2)—

“powers” includes powers under any enactment, whenever passed or made;

“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and in that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

Remuneration and pensions of Director and Deputy Director

5

(1) Subject to paragraph 9(1), the Authority must pay to the Director General and Deputy Director General such remuneration, allowances and expenses as the Scottish Ministers determine.

(2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Director General or the Deputy Director General as the Scottish Ministers determine.

(3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

(4) The arrangements mentioned in sub-paragraph (2) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

Delegation of Director General’s functions

6

(1) The Deputy Director General may carry out any of the functions of the Director General under this Act or any other enactment—

(a) during any absence, incapacity or suspension from duty of the Director General; or

(b) during any vacancy in the office of Director General.

(2) Anything authorised or required to be done by the Director General may be done by any other member of the Agency who is authorised for the purpose by the Director General (whether generally or specifically).

(3) Sub-paragraph (2) does not apply to anything authorised or required to be done by the Director General under—

(a) Part III of the Police Act 1997 (c. 50) (authorisation of action in respect of property); or

(b) the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11).

Police members

7

(1) The police members of the Agency are to be appointed by the Authority.

(2) A person may be appointed under sub-paragraph (1) only if—

(a) the person is a constable who is seconded to the Authority under paragraph 10(2) of schedule 1;

(b) the person is a person who is seconded to the Authority under paragraph 10(3) of schedule 1; or

(c) the person has any qualifications for appointment as a constable which are specified in regulations under section 23 and the appointment is to a police rank in the Agency.

(3) A police member of the Agency appointed by virtue of sub-paragraph (2)(a)—

(a) is engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(be) of the 1967 Act;

(b) does not, by virtue of the appointment, cease to be a member of staff of the Authority.

(4) A police member of the Agency appointed by virtue of sub-paragraph (2)(b)—

(a) does not, by virtue of the appointment, cease to be a member of staff of the Authority;

(b) is, on appointment, appointed to the office of constable of the Agency; and

(c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.

(5) A police member of the Agency appointed by virtue of sub-paragraph (2)(c)—

(a) becomes, on appointment, a member of staff of the Authority;

(b) is, on appointment, appointed to the office of constable of the Agency; and

(c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.

(6) Without prejudice to any other enactment conferring powers on constables for particular purposes, where a police member of the Agency makes a declaration such as is mentioned in sub-paragraph (4)(c) or (5)(c), the member shall have all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.

(7) Subject to section 23 and paragraph 9(1) of this schedule, an appointment in accordance with this paragraph is made on such terms and conditions as the Authority may determine.

(8) A determination under sub-paragraph (7) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.

(9) Before making an appointment in accordance with this paragraph, or determining the terms and conditions on which such an appointment is to be made, the Authority must consult the Director General of the Agency.

(10) In sub-paragraph (6)—

“powers” includes powers under any enactment, whenever passed or made;

“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

Support staff members

8

(1) The Authority may appoint support staff members of the Agency.

(2) A person may be appointed under sub-paragraph (1) only if the person is by virtue of paragraph 10(1) of schedule 1 an employee of the Authority.

(3) A person appointed under sub-paragraph (1) does not, by virtue of that appointment, cease to be a member of staff of the Authority.

Supplementary

9

(1) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it as they think fit (subject to such modifications as they consider appropriate) to the Director General, the Deputy Director General and police members of the Agency.

(2) Before making an order under sub-paragraph (1) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—

(a) submit a draft to the Police Advisory Board for Scotland; and

(b) consider any representations made by the Board as to the draft.

SCHEDULE 3

...

Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff transfer orders

2

(1) The Scottish Ministers may by order (a “staff transfer order”) make provision for or in connection with—

(a) the transfer of persons employed, by virtue of section 9 of the 1967 Act (employees other than constables), by police authorities or joint police boards from any such authority or board to the Authority;

(b) the transfer of constables from police forces to relevant service;

(2) A staff transfer order may in particular—

(a) prescribe rules by which the transfer of persons, or classes of person, specified in the order can be determined;

(b) provide that persons, or classes of person, so specified are to become members of the Agency.

(3) Where a staff transfer order makes provision such as is mentioned in paragraph (a) of sub-paragraph (1), the order may include provision requiring the police authority or joint police board concerned to make a scheme in relation to the transfer of the staff to whom the order relates.

(4) Where a staff transfer order makes provision such as is mentioned in paragraph (b) of sub-paragraph (1), the order may include provision requiring the maintaining authority for the police force concerned to make a scheme in relation to the transfer of the staff to whom the order relates.

(5) For the purposes of sub-paragraph (4), the maintaining authority in relation to a police force is—

(a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;

(b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.

(6) Where a staff transfer order makes provision such as is mentioned in paragraph (c) of sub-paragraph (1), the Scottish Ministers must make a scheme in relation to the transfer of the staff to whom the order relates.

(7) A staff transfer order may include provision requiring a scheme made by virtue of sub-paragraph (4) to include provision as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.

(8) Terms and conditions such as are mentioned in sub-paragraph (7) may be included in a scheme only with the approval of the Scottish Ministers.

(9) A scheme made under sub-paragraph (6) may include provision—

(a) for central service to have effect from a time specified in the scheme as relevant service;

(b) as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.

Consultation

3

(1) Before making a staff transfer order, the Scottish Ministers must consult—

(a) the Authority; and

(b) if the order includes—

(i) provision transferring constables to relevant service falling within section 38A(1)(be) of the 1967 Act; or

(ii) provision such as is mentioned in paragraph 2(2)(b),

the Director General of the Agency.

(2) Before making a scheme by virtue of paragraph 2(3), the police authority or joint police board concerned must consult the Authority.

(3) Before making a scheme by virtue of paragraph 2(4), the police authority or joint police board concerned must consult—

(a) the Authority; and

(b) if the scheme includes provision for or in connection with the transfer of constables to relevant service within the meaning of section 38A(1)(be) of the 1967 Act, the Director General of the Agency.

Effect on existing contracts of employment

4

(1) This paragraph applies where—

(a) a person is to be transferred by virtue of a staff transfer order under paragraph 2; and

(b) immediately before the transfer day, the person has a contract of employment with a police authority or joint police board (the “employer”).

(2) On and after the transfer day the contract of employment has effect as if originally made between the person and the Authority.

(3) On the transfer day the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of the person are transferred to the Authority.

(4) Anything done before the transfer day by or in relation to the employer in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to the Authority.

(5) If, before the transfer day, the person gives notice to the Authority or the person's employer that the person objects to becoming a member of staff of the Authority—

(a) the contract of employment with the employer is, on the day immediately preceding the day that would, but for the objection, have been the transfer day, terminated; and

(b) the person is not to be treated (whether for the purpose of any enactment or otherwise) as having been dismissed by virtue of the giving of such notice.

(6) Nothing in this schedule prejudices any right of the person to terminate the contract of employment if a substantial detrimental change in the person's working conditions is made.

(7) The person has the right to terminate the contract of employment by virtue of the employer's identity changing by virtue of the making of the staff transfer order only if it is shown that, in all the circumstances, the change is—

(a) significant; and

(b) detrimental

to the person.

Part 2 — Transfer of property, rights and liabilities to the Authority

Interpretation

5

In this Part, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

Transfer of property, rights and liabilities

6

(1) The Scottish Ministers may make a transfer scheme.

(2) A transfer scheme is a scheme making provision for or in connection with the transfer to the Authority of property, rights and liabilities of any of the following—

(a) a police authority;

(b) a joint police board;

(d) the Scottish Ministers;

(e) any other person.

(3) A transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights or liabilities relate to the functions of the Agency (as specified in section 2(2)) or the police support services.

(4) A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect; and different dates may be specified in relation to different property, rights or liabilities.

(5) On the transfer date—

(a) any property or rights to which a transfer scheme applies transfer to and vest in the Authority; and

(b) any liabilities to which such a scheme applies become liabilities of the Authority.

(6) A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights or liabilities transferred by virtue of the scheme.

(7) A certificate issued by the Scottish Ministers that any property, right or liability has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

(8) A transfer scheme may in particular make provision about the continuation of legal proceedings.

(9) A transfer scheme may make provision for the Authority to make any payment which—

(a) before a day specified in the scheme could have been made by any of the persons specified in paragraphs (a) to (e) of sub-paragraph (2); but

(b) is not a liability which can become a liability of the Authority by virtue of a transfer scheme.

(10) A transfer scheme may make provision for the payment by the Authority of compensation in respect of property and rights transferred by virtue of the scheme.

(11) Before making a transfer scheme, the Scottish Ministers must consult—

(a) the Authority;

(b) any police authority, joint police board, local authority or other person whose property, rights and liabilities (or any of them) are to be transferred by virtue of the scheme.

SCHEDULE 4

Status

1

(1) The Commissioner—

(a) is not a servant or agent of the Crown; and

(b) has no status, immunity or privilege of the Crown.

(2) The Commissioner's property is not property of, or property held on behalf of, the Crown.

Limitations on appointment

2

(1) A person is disqualified for appointment to the office of Commissioner if the person—

(a) is or has been a member of—

(i) the House of Lords;

(ii) the House of Commons;

(iii) the Scottish Parliament;

(iv) the European Parliament; or

(v) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(b) is or has been a constable of the Police Service (or of a police force previously maintained under the Police (Scotland) Act 1967 (c.77));

(i) a police force maintained under section 2 of the Police Act 1996 (c. 16);

(ii) the metropolitan police force or of the City of London police force;

(iii) the Police Service of Northern Ireland;

(iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);

(v) the British Transport Police Force;

(vi) the Civil Nuclear Constabulary;

(vii) the States of Jersey Police Force;

(viii) the salaried police force of the Island of Guernsey; or

(ix) the Isle of Man Constabulary;

(d) is or has been—

(i) a special constable appointed under section 27 of the Police Act 1996 (c. 16);

(ii) a member of the Police Service of Northern Ireland Reserve;

(iii) a member of the Ministry of Defence Police by virtue of section 1(1)(b) of the Ministry of Defence Police Act 1987 (c. 4);

(iv) a special constable of the British Transport Police Force; or

(v) a member of any force of special constables established for the States of Jersey, the Island of Guernsey or the Isle of Man;

(da) is or has been a member of the Authority;

(e) is or has been a member of staff of the Authority or has been a member of staff of the body which was known as the Scottish Police Services Authority;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) is or has been employed as a member of police staff or as a member of the Authority's staff or has been employed, by virtue of section 9 of the 1967 Act (employees other than constables) by a police authority or a joint police board;

(h) has been a member of—

(i) the National Criminal Intelligence Service or;

(ii) the National Crime Squad; ...

(i) ... has been a member of the Serious Organised Crime Agency or

(j) is or has been a National Crime Agency officer.

(2) The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.

(3) A person who has previously been appointed to the office of Commissioner is not eligible to be appointed again, except in accordance with sub-paragraph (4).

(4) A person holding office as Commissioner may be reappointed on the expiry of the person's period of appointment, but only if—

(a) the person has not previously been reappointed to the office; and

(b) the Scottish Ministers consider that, by reason of special circumstances, it is desirable in the public interest.

Tenure and removal from office

3

(1) Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.

(2) The period of a person's appointment as Commissioner is—

(a) in the case of a first appointment, 5 years; and

(b) in the case of a reappointment, 3 years.

(3) A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.

(4) The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.

(5) Those grounds are—

(a) the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;

(b) the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);

(d) the person's estate has been sequestrated or the person has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract;

(e) the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under the Company Directors Disqualification (Northern Ireland) Order 2002;

(f) the person has acted improperly in relation to the person's duties;

(g) the person is otherwise unable or unfit to perform the person's duties.

Remuneration

4

The Commissioner is entitled to—

(a) a salary of such amount; and

(b) such allowances

as the Scottish Ministers determine.

Pensions etc.

5

(1) The Scottish Ministers may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to hold office as the Commissioner.

(2) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

(3) The arrangements mentioned in sub-paragraph (1) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

Vacancy in office of Commissioner

6

(1) The Scottish Ministers may appoint a person (who may be a member of the Commissioner's staff) to carry out the functions of the Commissioner during a period in which the office is vacant (an “acting Commissioner”).

(2) A person who is disqualified for appointment to the office of Commissioner is also disqualified for appointment as an acting Commissioner.

(3) A person appointed to be acting Commissioner—

(a) may, by written notice to the Scottish Ministers, resign at any time;

(b) may be dismissed by the Scottish Ministers at any time;

(4) While holding appointment as acting Commissioner, a person is to be treated as the Commissioner for all purposes other than those of paragraphs 3, 4 and 5.

Staff

7

(1) The Commissioner may appoint such staff as the Commissioner considers appropriate.

(2) Members of staff are to be appointed on such terms and conditions as the Commissioner determines.

(3) The Commissioner must pay to members of the Commissioner's staff such remuneration, allowances and expenses as the Commissioner determines.

(4) The Commissioner may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff.

(5) The reference in sub-paragraph (4) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment.

(6) The arrangements mentioned in sub-paragraph (4) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

(7) The Commissioner may make such other arrangements for staffing as the Commissioner thinks fit.

(8) Paragraph 1(1) applies to staff appointed under this paragraph as it applies to the Commissioner.

General powers

8

The Commissioner may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the carrying out of the Commissioner's functions, including—

(a) entering into contracts; and

(b) acquiring and disposing of property.

Financial provision

9

(1) The Scottish Ministers are to pay—

(a) the salary and allowances of the Commissioner; and

(b) any sums payable by virtue of paragraph 6(3)(c) to, or in respect of, a person who is appointed, or has ceased to hold office, as acting Commissioner.

(2) The Scottish Ministers are to pay to the Commissioner such sums as they consider appropriate to enable the Commissioner to fulfil the Commissioner's functions.

(3) The Commissioner is not to borrow money unless authorised to do so (whether generally or specially) by the Scottish Ministers.

Accounts

10

The Commissioner must, in accordance with such directions as the Scottish Ministers may give—

(a) keep proper accounting records and accounts;

(b) prepare annual accounts for each financial year;

Provision of information

11

(1) The Commissioner must provide the Scottish Ministers with all such information and documents as appear to them to be required for the purposes of satisfying themselves that the Commissioner is carrying out the Commissioner's functions efficiently and effectively.

(2) Nothing in this paragraph requires or authorises the provision of any information or document relating to a particular investigation carried out by the Commissioner on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A (unless the appropriate prosecutor consents to disclosure of the information or document).

SCHEDULE 5

1

For the purpose of section 53(2)(b)—

(a) relevant events are the events specified in the left-hand column of the following table; and

(b) the prescribed information, in relation to a relevant event, is the information in the right-hand column of that table opposite the event.

Relevant event	Prescribed information
A change of any of the names of the person against whom the football banning order is made	The change of name
The first use by that person, after the making of the order, of a name for himself or herself which was not disclosed by that person at the time of the making of the order	The newly used name
A change of that person's home address	The new home address
The acquisition by that person of a temporary address	The temporary address
A change of that person's temporary address or that person's ceasing to have one	The new temporary address or, as the case may be, the fact that the person has ceased to have a temporary address
The loss of that person's passport	That fact
That person's ceasing to have a passport	That fact
Receipt by that person of a new passport	The details of the passport
An application made by that person under section 57 for variation of the order	That fact
An application made by that person under section 58 for termination of the order	That fact
An appeal made by that person in relation to the order	That fact

2

In the table in paragraph 1—

“details”, in relation to a passport, means—the number of the passportthe dates of issue and expiry of the passportthe name and date of birth given in the passport as being those of the passport holder

“home address”, in relation to a person, means the address of the person's sole or main residence

“loss” includes theft or destruction

“new”, in relation to a passport, includes replacement

“temporary address”, in relation to a person, means the address (other than the person's home address) of a place at which the person intends to reside, or has resided, for a period of at least 4 weeks.

SCHEDULE 6

Part 1 — Acts

The Police (Scotland) Act 1967 (c. 77)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Act 1988 (c. 33)

2

In section 142(3) of the Criminal Justice Act 1988 (power of justice of peace to authorise entry and search of premises for offensive weapons), for “subsection (1)(b)” there is substituted “ “subsection (1)(c) ”.

The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

3

In Part II of Schedule 2 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (increase in certain penalties), the entry relating to section 41(1) of the 1967 Act is repealed.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

4

(1) The 1995 Act is modified as follows.

(2) In section 18 (prints, samples etc. in criminal investigations), in each of subsections (3) and (4), after “(6)” there is inserted “ “or (6A) ”.

(3) In section 19A(3) (limitation on exercise of power to take samples etc from persons convicted of sexual and violent offences), for “19(1)(a) of this Act” there is substituted “ “subsection (2) of section 19 of this Act in a case where the power conferred by that subsection was exercised by virtue of subsection (1)(a) of that section ”.

The Police Act 1996 (c. 16)

5

(1) The Police Act 1996 is modified as follows.

(2) After section 60 (regulations for police federations), there is inserted—

(60A) (1) For the purposes of sections 59 and 60, persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to the 2006 Act shall be treated as members of a police force in Scotland, and references in section 59 to police service shall be construed accordingly. (2) The reference in section 59(2) to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 shall— (a) in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations made in accordance with either of— (i) section 23(2)(g) of the 2006 Act, and (ii) section 26(2A) of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 9(1) of schedule 2 to the 2006 Act (b) in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967 (temporary service with the Scottish Police Services Authority), be construed as a reference to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 10(10) of schedule 1 to the 2006 Act. (3) The reference in section 60(2)(e) to regulations under section 26 of the Police (Scotland) Act 1967 shall— (a) in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations under either of— (i) section 23 of the 2006 Act, and (ii) section 26 of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 9(1) of schedule 2 to the 2006 Act (b) in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967, be construed as a reference to regulations made under section 26 of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 10(10) of schedule 1 to the 2006 Act. (4) For the purposes of paragraphs (c) and (d) of subsection (2) of section 60— (a) the Scottish Police Services Authority shall be treated as a police authority, and (b) the Director General of the Scottish Crime and Drug Enforcement Agency shall be treated as a chief officer of police,and the reference in paragraph (d) of that subsection to police purposes shall be construed accordingly. (5) In this section, “the 2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 63 (Police Advisory Boards for England and Wales and for Scotland), after subsection (1) there is inserted—

(1ZA) The Police Advisory Board for Scotland shall also advise the Scottish Ministers on general questions affecting— (a) constables seconded to the Scottish Police Services Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act, (b) persons seconded to the Scottish Police Services Authority under paragraph 10(3) of schedule 1 to that Act but not appointed as mentioned in paragraph (a); or (c) persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act.

The Police Act 1997 (c. 50)

6

(1) The Police Act 1997 is modified as follows.

(2) In section 93 (authorisations to interfere with property)—

(a) in subsection (3), after paragraph (e) there is inserted—

(f) if the authorising officer is within subsection (5)(j), by a police member of the Scottish Crime and Drug Enforcement Agency appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).

;

(b) in subsection (5), after paragraph (i) there is inserted—

(j) the Director General of the Scottish Crime and Drug Enforcement Agency.

; and

(cc) in relation to the Director General of the Scottish Crime and Drug Enforcement Agency, means Scotland,

(3) In section 94 (authorisations given in absence of authorising officer)—

(a) in subsection (2), after paragraph (g) there is inserted—

(h) where the authorising officer is within paragraph (j) of that subsection, by a person mentioned in subsection (5).

;

(b) in subsection (4)—

(i) in paragraph (a), the words “or (d)” and “or, as the case may be, section 5(4) of the Police (Scotland) Act 1967” are repealed; and

(ii) after that paragraph there is inserted—

(aa) in the case of an authorising officer within paragraph (d) of section 93(5), means the person holding the rank of— (i) deputy chief constable and, where there is more than one person in a police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967; or (ii) assistant chief constable who is designated to act under section 5A(2) of that Act;

; and

(5) The person referred to in subsection (2)(h) is— (a) the chief constable whose relevant area (within the meaning of section 93(6)(b)) is the area to which the application for authorisation relates; or (b) his designated deputy (within the meaning of subsection (4)(aa)); or (c) where it is not reasonably practicable for the chief constable or his designated deputy to consider the application, a person holding the rank of assistant chief constable in the chief constable's police force.

(4) In section 95(7) (designated deputy permitted to exercise authorising officer's powers), for “or (d)” there is substituted “ “(d) or (j) ”.

(5) In section 107(4) (power of Prime Minister to exclude matters from a report), after paragraph (b) there is inserted—

(ba) the functions of the Scottish Crime and Drug Enforcement Agency;

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Regulation of Investigatory Powers Act 2000 (c. 23)

8

In section 76A(11) of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations: definitions) for paragraph (c) of the definition of “United Kingdom officer” there is substituted—

(c) a police member of the Scottish Crime and Drug Enforcement Agency appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);

The Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)

9

(1) The Regulation of Investigatory Powers (Scotland) Act 2000 is modified as follows.

(2) In section 9 (special provision for the Scottish Crime Squad)—

(a) subsection (1) is repealed

(b) in subsection (2), for “Scottish Crime Squad and constables seconded to it” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”

(d) in subsection (4)—

(i) for “Scottish Crime Squad” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

(ii) for “constable seconded to that Squad” there is substituted “ “police member of that Agency ”;

(e) subsections (5) and (6) are repealed; and

(f) the section heading becomes “ “Special provision for the Scottish Crime and Drug Enforcement Agency ”.

(3) In section 10 (authorisation of intrusive surveillance)—

(a) in subsection (1), after “force” there is inserted “ “and the Director General of the Scottish Crime and Drug Enforcement Agency ”; and

(b) in subsection (2), for “chief constable” there is substituted “ “person ”.

(4) In section 11 (grant of authorisations)—

(a) in subsection (2), at the beginning there is inserted “ “Subject to section 12A below, ”;

(b) for subsection (3) there is substituted—

(3) The Director General of the Scottish Crime and Drug Enforcement Agency shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a police member of that Agency.

;

(i) in paragraph (a), after “force” there is inserted “ “or is a police member of the Scottish Crime and Drug Enforcement Agency ”; and

(ii) in paragraph (b), for “a police force,” there is substituted—

(i) where that individual is a member of a police force, a police force; or (ii) where that individual is a police member of the Scottish Crime and Drug Enforcement Agency, that Agency,

; and

(d) in subsection (5), after “section” there is inserted “ “and section 12A below ”.

(5) In section 12 (grant of authorisations in cases of urgency)—

(a) in subsection (1), after “application” there is inserted “ “(other than an application to which section 12A below applies) ”

(b) in subsection (4), after “rank of” there is inserted “ “deputy chief constable or ”; and

(a) deputy chief constable and, where there is more than one person in a police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967 (c. 77); or (b) assistant chief constable who is designated to act under section 5A(2) of that Act.

(6) After section 12 there is inserted—

(12A) (1) This section applies in the case of an application to the Director General of the Scottish Crime and Drug Enforcement Agency for an authorisation for the carrying out of intrusive surveillance where the case is urgent. (2) If it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by the Director General or the Deputy Director General of that Agency, the application may be made to and considered by— (a) the chief constable of the police force to which subsection (3) below applies (b) a person (if there is one) who is entitled, as a designated deputy of that chief constable, to exercise the functions in relation to that application of that chief constable; or (c) if it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by a person such as is mentioned in paragraph (a) or (b) above, any person who is entitled under subsection (4) of section 12 above to act, for the purposes of that section, for that chief constable. (3) This subsection applies to a police force if— (a) in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, those premises are in; and (b) in the case of an authorisation for the carrying out of intrusive surveillance in relation to any private vehicle, the chief constable of that police is satisfied that the operation will commence in,the area of operation of that police force. (4) In this section “designated deputy” has the same meaning as in section 12 above.

(7) In section 14(5)(b) (meaning of “most senior relevant person”), for the words from “member” to the end there is substituted “ “police member of the Scottish Crime and Drug Enforcement Agency, the Director General of that Agency. ”.

(8) In section 15(7) (persons receiving a report when authorisation is quashed), after paragraph (a) there is inserted—

(aa) in the case of an authorisation granted under section 12A above, to the chief constable mentioned in subsection (2)(a) of that section;

(9) In section 16(1) (appeals), after “force” there is inserted “ “or the Director General of the Scottish Crime and Drug Enforcement Agency ”.

(10) In section 18 (information to be provided to the Surveillance Commissioners), for paragraph (b) there is substituted—

(b) the Director General, the Deputy Director General and every police member of the Scottish Crime and Drug Enforcement Agency,

(11) In section 20(6) (meaning of “deputy” in relation to cancellations)—

(a) the words from “in”, where it second occurs, to “constable”, where it second occurs, become paragraph (a); and

(b) after those words there is inserted—

(b) in relation to the Director General of the Scottish Crime and Drug Enforcement Agency, to the Deputy Director General of that Agency

(12) In section 23(5)(b) (conduct taking place in challengeable circumstances), after “force” there is inserted “ “or to the Scottish Crime and Drug Enforcement Agency ”.

(13) In section 24(2)(b) (powers and duties in relation to which codes of practice must be issued), after “force” there is inserted “ “or to the Scottish Crime and Drug Enforcement Agency ”.

(14) In section 31(1) (interpretation), after the definition of “police force” there is inserted—

“police member”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);

The Scottish Public Services Ombudsman Act 2002 (asp 11)

10

(1) The Scottish Public Services Ombudsman Act 2002 is amended as follows.

(2) In schedule 2 (listed authorities)—

(a) the entry numbered 14 is repealed; and

(b) after the entry numbered 32 there is inserted—

(32A) The Police Complaints Commissioner for Scotland.

(3) In schedule 4 (matters which the Ombudsman must not investigate)—

(a) for paragraph 1(b) there is substituted—

(c) by the Police Complaints Commissioner for Scotland,

; and

(b) after paragraph 15 there is inserted—

(16) Action taken— (a) by a local authority in discharge of its functions as a police authority, or (b) by any other person in discharge of the functions of a local authority as a police authority, by virtue of section 56(1) of the Local Government (Scotland) Act 1973 (c. 65).

The Freedom of Information (Scotland) Act 2002 (asp 13)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Serious Organised Crime and Police Act 2005 (c. 15)

13

(1) The Serious Organised Crime and Police Act 2005 is modified as follows.

(2) In section 3(5)(d) (meaning of “special police force”), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”.

(3) In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements)—

(a) for subsection (5) there is substituted—

(5) In subsection (4)(a), “constables or members of staff” in relation to the Scottish Crime and Drug Enforcement Agency means police members or support staff members of that Agency.

;

(b) in subsection (7), for paragraph (b) there is substituted—

(b) a police member or support staff member of the Scottish Crime and Drug Enforcement Agency,

;

(c) in subsection (10)(b) for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

(d) in subsection (11)—

(i) after the definition of “police force” there is inserted—

“police member”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);

;

(ii) in paragraph (f) of the definition of “relevant police authority”, for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

(iii) after the definition of “relevant police authority” there is inserted—

“support staff member”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 8 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006;

(4) In section 24(2)(b) (bodies to which section 24 applies), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”.

(5) In section 25 (directed arrangements: Scotland)—

(a) in subsection (2)(b), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”

(b) in subsection (3)(b)—

(i) for “Director of the Scottish Drug Enforcement Agency” there is substituted “ “Director General of the Scottish Crime and Drug Enforcement Agency ”; and

(ii) for “constables or other persons” there is substituted “ “police members or support staff members ”

(c) in subsection (4), in both paragraphs (a) and (b), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

(d) after subsection (4), there is inserted—

(5) In this section, “police member” and “support staff member” have the same meaning as in section 23.

(6) In section 31(5)(d) (meaning of “relevant authority” in section 31), for “Scottish Drug Enforcement Agency, means” there is substituted “ “Scottish Crime and Drug Enforcement Agency, means the Director General of ”.

(7) In section 42 (interpretation)—

(a) in subsection (1), for paragraph (g) of the definition of “chief officer” there is substituted—

(g) in relation to the Scottish Crime and Drug Enforcement Agency, the Director General of that Agency

; and

(b) subsection (2) is repealed.

(8) In section 47 (person having powers of constable: exercise of such powers in Scotland and Northern Ireland)—

(a) in subsection (3)(a), for “Director of the Scottish Drug Enforcement Agency” there is substituted “ “Director General of the Scottish Crime and Drug Enforcement Agency ”

(b) in subsection (4)(a), for “Deputy Director” there is substituted “ “Deputy Director General ”; and

(9) In section 82(5) (persons who are protection providers), for paragraph (f), there is substituted—

(f) the Director General of the Scottish Crime and Drug Enforcement Agency;

(10) In section 94 (interpretation of Chapter 4), subsection (9) is repealed.

(11) In Schedule 5—

(a) in paragraph 20—

(i) in sub-paragraph (1), the words “is or” are repealed and for “Scottish Drug Enforcement Agency” there is substituted “ “organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 (c. 77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation's functions ”; and

(ii) in sub-paragraph (2), the words “is or” are repealed; and

(b) after paragraph 20 there is inserted—

(20A) (1) A person who is or has been the Director General of the Scottish Crime and Drug Enforcement Agency. (2) A person who is or has been under the direction and control of the Director General of the Scottish Crime and Drug Enforcement Agency.

Part 2 — Subordinate legislation

The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 (S.S.I. 2000/343)

14

In the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000, for “The Operational and Intelligence Group of the Scottish Drug Enforcement Agency” there is substituted “ “The Scottish Crime and Drug Enforcement Agency ”.

Duty to establish and maintain the Agency

Strategic priorities of the Authority

Making of order on application to the sheriff

Powers and duties of local authorities

Interpretation of Chapter 2

Increase in maximum term of imprisonment for certain offences

Amendment of requirements for exercise of certain powers of arrest

Sale of knives and articles with blade or point to young persons

Possession of prohibited fireworks: powers of search and arrest

Sex offender notification requirements

Information about release: power to require giving of specified information

Power to require giving of certain information in addition to name and address

Power to take fingerprints to establish identity of suspect

Retention of samples etc.: prosecutions for sexual and violent offences

Testing of arrested persons for Class A drugs

Assessment following positive test under section 20A of the 1995 Act

Meanings of “the 1967 Act”, “the 1995 Act” and “the 2003 Act”

...

Status

Membership

Deputy convener

Tenure

Removal from office

Members to ensure Authority is run efficiently and effectively

Remuneration and pensions of convener and lay members

Chief Executive

Staff of the Authority

Remuneration and pensions of staff

Committees and sub-committees

Procedure

Delegation of functions

Incidental powers

Accounts

...

The Deputy Director General

Termination or suspension of appointment of Director General and Deputy Director General

Director General and Deputy Director General: common provisions

Remuneration and pensions of Director and Deputy Director

Delegation of Director General's functions

Police members

Support staff members

Supplementary

Interpretation

Staff transfer orders

Consultation

Effect on existing contracts of employment

Interpretation

Transfer of property, rights and liabilities

Status

Limitations on appointment

Tenure and removal from office

Remuneration

Pensions etc.

Vacancy in office of Commissioner

Staff

General powers

Financial provision

Accounts

Provision of information

The Police (Scotland) Act 1967 (c. 77)

The Criminal Justice Act 1988 (c. 33)

The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

The Criminal Procedure (Scotland) Act 1995 (c. 46)

The Police Act 1996 (c. 16)

The Police Act 1997 (c. 50)

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

The Regulation of Investigatory Powers Act 2000 (c. 23)

The Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)

The Scottish Public Services Ombudsman Act 2002 (asp 11)

The Freedom of Information (Scotland) Act 2002 (asp 13)

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

The Serious Organised Crime and Police Act 2005 (c. 15)

The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 (S.S.I. 2000/343)

Editorial notes

[^c21042671]: S. 35 wholly in force at 1.4.2007; s. 35 not in force at Royal Assent see s. 104; s. 35 in force at 1.1.2007 for specific purposes by S.S.I. 2006/607, art. 3, Sch; s. 35 in force so far as not already in force at 1.4.2007 by S.S.I. 2007/84, art. 3(3)

[^c21042681]: S. 36 wholly in force at 1.4.2007; s. 36 not in force at Royal Assent see s. 104; s. 36 in force at 1.1.2007 for specific purposes by S.S.I. 2006/607, art. 3, Sch; s. 36 in force so far as not already in force at 1.4.2007 by S.S.I. 2007/84, art. 3(3)

[^c21042711]: S. 38 wholly in force at 1.4.2007; s. 38 not in force at Royal Assent see s. 104; s. 38(4) in force at 1.1.2007 by S.S.I. 2006/607, art. 3, Sch; s. 38 in force so far as not already in force at 1.4.2007 by S.S.I. 2007/84, art. 3(3)

[^c21042721]: S. 39 wholly in force at 1.4.2007; s. 39 not in force at Royal Assent see s. 104; s. 39 in force at 1.1.2007 for specific purposes by S.S.I. 2006/607, art. 3, Sch; s. 39 in force so far as not already in force at 1.4.2007 by S.S.I. 2007/84, art. 3(3)

[^c21042731]: S. 44 wholly in force at 1.4.2007; s. 44 not in force at Royal Assent see s. 104; s. 44 in force at 1.1.2007 for specified purposes by S.S.I. 2006/607, art. 3, Sch; s. 44 in force so far as not already in force at 1.4.2007 by S.S.I. 2007/84, art. 3(3)

[^c21044461]: Words in s. 53(2)(a) repealed (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 104(4), 112, 116(1), Sch. 8 Pt. 11; S.I. 2010/507, art. 5(o) (with art. 6)

[^c21043501]: S. 55(3)(aa) inserted (1.4.2007) by The Football Banning Orders (Regulated Football Matches) (Scotland) Order 2007 (S.S.I. 2007/125), art. 2

[^c21044471]: Words in s. 66(1) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 104(5), 116(1); S.I. 2010/507, art. 5(o) with art. 6)

[^c21044511]: S. 68(1)(2)(5) extended to E. W. and N.I. (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 106(1)(a), 116(1); S.I. 2010/507, art. 5(o) (with art. 6)

[^c21042781]: S. 70 wholly in force at 1.4.2007; s. 70 not in force at Royal Assent see s. 104; s. 70 in force at 1.4.2007 insofar as not already in force by S.S.I. 2007/48, art. 3(3) (with arts. 5, 6)

[^c21042791]: S. 71 wholly in force at 1.4.2007; s. 71 not in force at Royal Assent see s. 104; s. 71 in force at 1.4.2007 insofar as not already in force by S.S.I. 2007/48, art. 3(3) (with arts. 5, 6)

[^c21042821]: S. 72 wholly in force at 1.4.2007; s. 72 not in force at Royal Assent see s. 104; s. 72 in force at 1.4.2007 insofar as not already in force by S.S.I. 2007/48, art. 3(3) (with arts. 5, 6)

[^c21042881]: S. 84 wholly in force at 12.6.2007; s. 84 not in force at Royal Assent see s. 104; s. 84 in force at 1.1.2007 for specified purposes by S.S.I. 2006/607, art. 3, Sch; s. 84 in force at 25.2.2007 for specified purposes by S.S.I. 2007/84, art 3(1)(a); S. 84 in force so far as not already in force at 12.6.2007 by S.S.I. 2007/84. {art. 3(4)(a)}

[^c21042891]: S. 85 wholly in force at 12.6.2007; s. 85 not in force at Royal Assent see s. 104; s. 85(3) in force at 1.1.2007 by S.S.I. 2006/607, art. 3, Sch; s. 85(1)(2) in force at 12.6.2007 by S.S.I. 2007/84, art. 3(4)(b)

[^c21042921]: S. 90 wholly in force at 25.2.2007; s. 90 not in force at Royal Assent see s. 104; s. 90 in force at 1.1.2007 for specified purposes by S.S.I. 2006/607, art. 3, Sch; s. 90 in force at 25.2.2007 insofar as not already in force by S.S.I. 2007/84, art. 3(1)(b)

[^c21043161]: S. 101 wholly in force at 1.4.2007; s. 101 not in force at Royal Assent see s. 104; s. 101 in force at 1.9.2006 for specified purposes by S.S.I. 2006/432, art. 2(g); s. 101 in force at 1.1.2007 for specified purposes by S.S.I. 2006/607, art. 3, Sch; s. 101 in force at 1.4.2007 insofar as not already in force by S.S.I. 2007/84, art. 3(3)

[^c21044251]: S. 104(1) power partly exercised: 1.9.2006 appointed for specified provisions by S.S.I. 2006/432, art. 2; 1.1.2007 appointed for specified provisions by S.S.I. 2006/607, art. 3, Sch.; different dates appointed for specified provisions by {S.S.I. 2007/84}, (with saving and transitional provisions in arts. 4-6)

[^c21044441]: Words in Sch. 4 para. 3(5)(e) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 261(3) (with art. 10)

[^c21043231]: Sch. 6 para. 5 wholly in force at 1.4.2007; Sch. 6 para. 5 not in force at Royal Assent see s. 104; Sch. 6 para. 5(4)(5) in force at 1.1.2007 by S.S.I. 2006/607, art. 3, Sch; Sch. 6 para. 5 in force at 1.4.2007 insofar as not already in force by S.S.I. 2007/84, art. 3(3)

[^c21043371]: Words in Sch. 6 para. 5(2) (in the inserted s. 60A of the Police Act 1996 (c. 16)) substituted (31.3.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260), art. 2(3)(a)

[^c21043401]: Words in Sch. 6 para. 5(2) (in the inserted s. 60A of the Police Act 1996 (c. 16)) substituted (31.3.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260), art. 2(3)(b)

[^key-4edf719f795f754e6bd70344b2cc0599]: Words in s. 67(3) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 65

[^key-7dd40e6f48813ff020f18b08e859e520]: Words in s. 87(6) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 65

[^key-68ef557acb894c343c6e8857f008b287]: S. 41B inserted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 64, 129(2) (with s. 100); S.S.I. 2012/253, art. 2, sch.

[^key-4757bbf77c204895920d9a70fec73141]: S. 41D inserted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 66, 129(2) (with s. 100); S.S.I. 2012/253, art. 2, Sch. (with art. 6)

[^key-3dd133b1c5c7a9a1a8d07af9900450f3]: Word in s. 103(4)(a) repealed (15.2.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(15)(a); S.S.I. 2013/47, art. 2 (with art. 3)

[^key-a3da9885d856cb94379c9e78626fe40d]: Words in s. 103(4)(a) inserted (15.2.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(15)(b); S.S.I. 2013/47, art. 2 (with art. 3)

[^key-1cd82cb87abd95845781ca30bed48ff5]: Pt. 1 Ch. 2 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) OrderÂ 2013 (S.S.I. 2013/121), arts. 1(1), 16

[^key-c6ec97704b45b8b1c28d50cadd950ce5]: Sch. 4 paras. 7A, 7B and cross-headings inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-6b865c95b9b3bd1760510b04db2510a1]: Sch. 4 heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(16); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-541eca71b7f5418b2d2f1afb3cc5160e]: Ss. 1-32 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-7feeaf09a786a256824802f6e846f660]: Schs. 1-3 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-d5ce92904e75debd0f84a893726710c0]: S. 33A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 62, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-148e1f449ac5f16da47ac64b85ea6eca]: S. 41A and cross-heading inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 63, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-ea869be2683fd647100152548461e3dd]: S. 41C inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 65, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-f9f6e2dbac5c48b8031bf72eacac3e7d]: S. 41E inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 67, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-f98c0a17c1b871725f6a66c0020be267]: S. 41F inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 68, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-6d973f5755c882efc35ad7b88f1f16a2]: S. 42A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 69, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-78a174516d7c2848aa258822f365613a]: S. 46A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 70, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-cf07cf9dfb972a13f37af72dfc2fd1ce]: Ss. 48-50 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

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