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Police and Fire Reform (Scotland) Act 2012

Type Act of the Scottish Parliament

Publication 2012-08-07

Last updated 2025-12-29

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(43A) (1) Her Majesty may by Order in Council appoint— (a) a Chief Inspector of the Scottish Fire and Rescue Service, and (b) such number of Inspectors of the Scottish Fire and Rescue Service as the Scottish Ministers may determine. (2) The Scottish Ministers may appoint Assistant Inspectors of the Scottish Fire and Rescue Service. (3) The Scottish Ministers must pay to persons appointed under this section such remuneration as the Scottish Ministers may determine. (4) The Scottish Ministers may authorise an Inspector to carry out any of the functions conferred on the Chief Inspector by or under this Act or any other enactment if— (a) there is a temporary vacancy in the office of Chief Inspector, or (b) the Scottish Ministers consider that the Chief Inspector is temporarily unable to carry out the Chief Inspector's functions. (5) A person who, immediately before the coming into force of section 119 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), is by virtue of section 43— (a) the Chief Inspector of Fire and Rescue Authorities is taken to have been appointed under subsection (1)(a), (b) an Inspector of Fire and Rescue Authorities is taken to have been appointed under subsection (1)(b), and (c) an Assistant Inspector of Fire and Rescue Authorities is taken to have been appointed under subsection (2). (6) In this Act— - “Chief Inspector” means a person appointed under subsection (1)(a), and - “Inspector” means a person appointed under subsection (1) or (2). (43B) (1) An Inspector may inquire into a matter mentioned in subsection (3). (2) If directed to do so by the Scottish Ministers, an Inspector must inquire into a matter mentioned in subsection (3). (3) The matters are— (a) the state and efficiency of SFRS, (b) whether in carrying out its functions SFRS is complying with its duty under section 39A to make arrangements which secure best value, (c) the manner in which SFRS is carrying out any of its functions. (4) In carrying out an inquiry under this section an Inspector may— (a) require SFRS to provide any information or documents relating to the functions of SFRS that the Inspector may require, (b) enter and inspect any premises which are used by SFRS, (c) inspect any equipment which is used by SFRS. (5) If an Inspector exercises a power of entry by virtue of subsection (4)(b), the Inspector may— (a) take onto the premises (i) such other persons, and (ii) such equipment, as the Inspector considers necessary, (b) require any person present on the premises to provide the Inspector with any information or documents that the Inspector may reasonably request. (6) An Inspector may not under subsection (4)(b)— (a) enter or inspect premises occupied as a private dwelling, (b) enter premises by force. (7) SFRS must provide such facilities, assistance and co-operation as an Inspector may reasonably request for the purposes of, or in connection with, an inquiry under this section. (43C) (1) This section applies where an inquiry under section 43B(1) has been completed. (2) The Chief Inspector must give SFRS a report of the inquiry. (3) If a report given to SFRS under subsection (2) relates to a matter mentioned in section 43B(3)(a) or (b), the Chief Inspector must— (a) as soon as is reasonably practicable after giving the report to SFRS, give the Scottish Ministers a copy of the report, and (b) give the Scottish Ministers any other information relating to the inquiry that they may request. (4) If a report given to SFRS under subsection (2) does not relate to a matter mentioned in section 43B(3)(a) or (b), the Chief Inspector— (a) may give the Scottish Ministers a copy of the report if the Chief Inspector thinks fit, (b) may give the Scottish Ministers any other information in relation to the report that the Chief Inspector thinks fit, (c) must give the Scottish Ministers any information relating to the inquiry that the Scottish Ministers may request. (5) The Chief Inspector must lay before the Scottish Parliament a copy of a report given to the Scottish Ministers under subsection (3)(a). (43D) (1) This section applies where an inquiry under section 43B(2) has been completed. (2) The Chief Inspector must give the Scottish Ministers— (a) a report of the inquiry, and (b) any other information relating to the inquiry that the Scottish Ministers may request. (3) As soon as is reasonably practicable after giving the report to the Scottish Ministers under subsection (2)(a), the Chief Inspector must give a copy of the report to SFRS. (4) The Scottish Ministers must lay before the Scottish Parliament a copy of the report given to them under subsection (2)(a). (43E) In carrying out its functions, SFRS must have regard to a report given to it under section 43C(2) or 43D(3) and, having done so, must take such measures (if any) as it thinks fit in relation to the report. (43F) (1) The Chief Inspector must prepare a plan setting out— (a) priorities for inquiries to be carried out by Inspectors, and (b) information on how inquiries will be carried out in a way which is proportionate, accountable and transparent. (2) The Chief Inspector— (a) must keep the plan under review, and (b) may from time to time revise the plan. (3) The Chief Inspector must, in preparing a plan (and any revised plan), consult such persons as the Chief Inspector considers appropriate. (4) The Chief Inspector must publish the plan (and any revised plan) in such manner as the Chief Inspector thinks fit. (43G) (1) The Inspectors and the Auditor General must co-operate and co-ordinate activity with each other with a view to improving the carrying out of their respective functions in relation to SFRS. (2) In particular, the Inspectors and the Auditor General must together make arrangements with a view to— (a) securing the exchange of information between them about SFRS, (b) preventing any unnecessary duplication in relation to any inspections, investigations, inquiries or examinations carried out, or to be carried out, by them in relation to SFRS. (3) The duties imposed by subsections (1) and (2) do not apply in so far as compliance with them would prevent or delay any of the persons on whom they are imposed in taking any action which the person considers to be necessary as a matter of urgency.

Prohibition on employment of police

120

In section 51 of the 2005 Act (prohibition on employment of police), after “constable” insert “ (other than a special constable appointed under section 9 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)) ”.

General

Transfer of staff, property etc.

121

Schedule 6 makes provision about the transfer of staff, property, rights, liabilities and obligations.

SFRS: transitory provision

122

(1) A person mentioned in subsection (2) must provide SFRS with such information or assistance as SFRS may reasonably require.

(2) Those persons are—

(a) a fire and rescue authority within the meaning of section 1 of the 2005 Act,

(b) a joint fire and rescue board constituted by a scheme made under section 2(1) of the 2005 Act.

(3) Subsection (4) applies until the coming into force of section 101(1) for the purpose of inserting section 1A(2) into the 2005 Act.

(4) Despite paragraph 2(1) of schedule 1A to the 2005 Act, SFRS may consist of—

(a) the chairing member, or

(b) the chairing member and fewer than 10 other members.

Meaning of “the 2005 Act”

123

In this Part, “the 2005 Act” means the Fire (Scotland) Act 2005 (asp 5).

PART 3 — GENERAL

Parliamentary scrutiny of operation of Act

124

(1) The Scottish Parliament must make arrangements for keeping under review the operation of this Act.

(2) The Scottish Parliament must publish reports in pursuance of subsection (1).

Subordinate legislation

125

(1) Any power of the Scottish Ministers to make an order, regulations or rules under this Act includes power to make—

(a) different provision for different purposes (for example, for different types or ranks of constable),

(b) such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider appropriate.

(2) An order made under section 10(2) or 11(5) is subject to the affirmative procedure.

(2A) Regulations under section 36B(5) are subject to the affirmative procedure.

(2B) Regulations under section 59A(6) and (7) are subject to the affirmative procedure.

(3) An order made under section 126 or 127 containing provisions which add to, replace or omit any part of the text of an Act is subject to the affirmative procedure.

(3A) Regulations under paragraph 5(7) of schedule 2A are subject to the affirmative procedure if they include provisions of the kind mentioned in paragraph 7(2) or 8(2) of that schedule.

(4) All other orders, and any regulations or rules, made under this Act are subject to the negative procedure.

(5) This section does not apply to an order made under section 129(2), paragraph 2(1)(b) of schedule 5 or paragraph 1 of schedule 6.

Ancillary provision

126

(1) The Scottish Ministers may by order make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision made by or under this Act.

(2) An order under this section may modify this or any other enactment.

Transitional provision etc.

127

(1) The Scottish Ministers may by order make such transitional, transitory or saving provision as they consider appropriate for the purposes of, or in connection with, the coming into force of any provision of this Act.

(2) An order under this section may modify this or any other enactment.

Minor and consequential amendments and repeals

128

(1) Schedule 7 contains minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments mentioned in the first column in schedule 8 (which include enactments that are spent) are repealed to the extent set out in the second column.

Commencement

129

(1) The following provisions of this Act come into force on the day after Royal Assent—

(a) in Part 1, sections 1 (and schedule 1), 2(1)(c), (2) and (3), 4, 7, 37, 38, 40(1), (3) and (4), 84(1), (2)(a) and (10), 88, 89, 98(4) (and schedule 4) and 99,

(b) in Part 2, sections 101(1) (but only for the purpose of inserting section 1A(1) and (3) into the 2005 Act) and (2), 113, 117, 122(3) and (4) and 123, and

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

(3) An order under this section may include transitional, transitory or saving provision.

Short title

130

The short title of this Act is the Police and Fire Reform (Scotland) Act 2012.

SCHEDULE 1

PART 1 — Status, structure and governance

Status

1

(1) The Authority—

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

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

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

Membership

2

(1) The Authority is to consist of––

(a) a member appointed by the Scottish Ministers to chair the Authority (“the chairing member”), and

(b) not fewer than 10 nor more than 14 other members appointed by the Scottish Ministers.

(2) The Scottish Ministers must appoint as members only persons who they consider to have the skills and expertise relevant to the functions of the Authority.

(3) The Scottish Ministers may by order modify sub-paragraph (1)(b) by substituting for the minimum or maximum number of members for the time being specified there such other number as they think fit.

(4) Members of the Authority may elect from their number a member to act as deputy to the chairing member.

Disqualification

3

A person is disqualified from appointment, and from holding office, as a member of the Authority if that person is or becomes—

(a) a member of—

(i) the Scottish Parliament,

(ii) the House of Lords,

(iii) the House of Commons, or

(iv) the European Parliament,

(b) disqualified from standing for election as a member of—

(i) the Scottish Parliament,

(ii) the House of Commons, or

(iii) a local authority,

(d) a member of—

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

(ii) the metropolitan police force,

(iii) the City of London police force,

(iv) the Police Service of Northern Ireland,

(v) 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),

(vi) the British Transport Police Force,

(vii) the Civil Nuclear Constabulary,

(viii) the States of Jersey Police Force,

(ix) the salaried police force of the Island of Guernsey, or

(x) the Isle of Man Constabulary,

(e) a member of police staff,

(f) a member of the Authority's staff,

(g) the Police Investigations and Review Commissioner or any member of the Commissioner's staff, and

(h) a person of such other description as may be prescribed by order made by the Scottish Ministers.

Tenure

4

(1) A member is to be appointed for a period not exceeding 4 years specified in the appointment.

(2) A member holds and vacates office on such terms and conditions as the Scottish Ministers may determine.

(3) On ceasing to be a member, a person is eligible for reappointment.

(4) A member may, by notice in writing to the Scottish Ministers, resign office as a member.

Removal from office

5

(1) The Scottish Ministers may remove a member from office if—

(a) the member is an undischarged bankrupt,

(b) the member has, without reasonable excuse, been absent from meetings of the Authority for a period longer than 4 consecutive months,

(d) the member has been convicted (whether before or after the member's appointment) of a criminal offence,

(e) the member has failed to comply with the terms or conditions of the member's appointment, or

(f) the Scottish Ministers consider that the member is otherwise unfit to be a member or is unable for any reason to carry out the member's functions.

(2) For the purposes of sub-paragraph (1)(a), “undischarged bankrupt” means aperson—

(a) whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force),

(b) who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it),

(c) who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 (c.66) or the Insolvency Act 1986 (c.45),

(d) who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts,

(e) who has been adjudged bankrupt (and has not been discharged), or

(f) who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world.

Staff of the Authority

6

(1) The Authority may appoint individuals to assist the Authority in the carrying out of its functions.

(2) Individuals appointed under sub-paragraph (1) may be—

(a) employed by the Authority,

(b) provided to the Authority under arrangements between the Authority and a third party, or

Constables: temporary service with the Scottish Police Authority

7

(1) The Authority may make arrangements for a constable, or any person falling within sub-paragraph (2), to serve as a member of the Authority's staff in order to assist it in the carrying out of its functions.

(2) A person falls within this sub-paragraph if the person is a member of—

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

(b) the metropolitan police force,

(d) the Police Service of Northern Ireland,

(e) 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),

(f) the British Transport Police Force,

(g) the Civil Nuclear Constabulary,

(h) the States of Jersey Police Force,

(i) the salaried police force of the Island of Guernsey, or

(j) the Isle of Man Constabulary.

(3) An individual engaged on service with the Authority under arrangements made under this paragraph is under the direction and control of the Authority.

(4) The Authority is liable in respect of any unlawful conduct on the part of any individual to whom sub-paragraph (3) applies in the carrying out (or purported carrying out) of that individual's functions in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.

Terms and conditions of the Authority’s staff

8

(1) A member of the Authority's staff may be employed on terms and conditions determined by the Authority.

(2) The Authority may pay or make arrangements for the payment of pensions, allowances or gratuities (including by way of compensation for loss of employment) to, or in respect of, any person who has ceased to be employed as a member of the Authority's staff.

(3) 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.

Committees and sub-committees

9

(1) The Authority may establish committees for any purpose.

(2) Any committee so established may establish sub-committees.

(3) The members of any committee or subcommittee may include persons who are not members of the Authority but such persons are not entitled to vote at meetings.

(4) A committee or sub-committee must not consist entirely of persons who are not members of the Authority.

(5) The Authority may pay such remuneration, allowances and expenses as are determined by the Authority to a member of a committee or sub-committee who is not—

(a) a constable,

(b) a member of the Authority,

(d) a member of the Authority's staff.

Procedure

10

(1) The Authority may regulate—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of its committees and sub-committees.

(2) The validity of any proceedings or acts of the Authority is not affected by any—

(a) vacancy in its membership,

(b) defect in the appointment of a member, or

Public access

11

(1) The Authority must ensure that its proceedings and those of its committees and sub-committees are held in public.

(2) Despite sub-paragraph (1), the Authority or, as the case may be, any of its committees or sub-committees may decide to hold all or part of any proceedings in private.

(3) The Authority must publish—

(a) agendas for its proceedings and those of its committees and sub-committees,

(b) the papers relating to those proceedings,

(4) Despite sub-paragraph (3), the Authority may decide that all or part of any agenda, paper or report need not be published.

(5) The Authority must publish a statement setting out—

(a) the circumstances in which its proceedings and those of its committees and sub-committees may be held in private, and

(b) the circumstances in which agendas, papers and reports need not be published.

Delegation of functions

12

(1) The Authority may authorise—

(a) any of its committees, or

(b) any member of the Authority's staff,

to perform on behalf of the Authority such of its functions as it may determine to the extent so authorised.

(2) A committee of the Authority may authorise—

(a) any of its sub-committees, or

(b) any member of the Authority's staff,

to perform on behalf of the committee such of its functions as it may determine to the extent so authorised.

(3) Sub-paragraphs (1) and (2) do not affect the Authority's—

(a) responsibility for performance of delegated functions, or

(b) ability to perform delegated functions.

Location of principal offices

13

Any determination by the Authority as to the location of the principal office premises of its members or of the chief constable is subject to the approval of the Scottish Ministers.

PART 2 — Consequential modifications

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

14

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies), after the entry for “Scottish Natural Heritage” insert–– “ Scottish Police Authority ”.

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

15

In schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities) after paragraph 50 insert—

(50A) The Scottish Police Authority.

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

16

In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities), after the entry for “Scottish Natural Heritage” insert–– “ Scottish Police Authority ”.

Public Services Reform (Scotland) Act 2010 (asp 8)

17

(1) The Public Services Reform (Scotland) Act 2010 is amended as follows.

(2) In schedule 5 (improvement of public functions: listed bodies), after the entry for “Scottish Natural Heritage” insert–– “ Scottish Police Authority ”.

(3) In schedule 8 (information on exercise of public functions: listed public bodies), after the entry for “Scottish Natural Heritage” insert–– “ Scottish Police Authority ”.

Public Records (Scotland) Act 2011 (asp 12)

18

In the schedule to the Public Records (Scotland) Act 2011 (authorities to which Part 1 of that Act applies) after the entry for “Scottish Natural Heritage” insert–– “ Scottish Police Authority ”.

SCHEDULE 2

1

A police custody and security officer has power—

(a) to transfer persons in legal custody from one set of relevant premises to another,

(b) to have custody of persons held in legal custody on court premises (whether or not such persons would otherwise be in the custody of the court) and to produce them before the court,

(ba) to have custody of persons held in legal custody in a police station for the purpose of effecting their production, by electronic means from the station, before a court,

(c) to have custody of persons temporarily held in legal custody in relevant premises while in the course of transfer from one set of such premises to another,

(d) to apprehend a person who was in the custody of the officer in relevant premises or in such course of transfer but who is unlawfully at large,

(e) to remove from relevant premises any person—

(i) who the officer has reasonable grounds to believe has committed or is committing an offence, or

(ii) who is causing a disturbance or nuisance,

(f) in any place to search any person who is in legal custody or is unlawfully at large,

(g) to search—

(i) any relevant premises or any other place in which there is a person in the officer's custody who is being transferred from one set of relevant premises to another,

(ii) any person in such premises or other place who the officer has reasonable grounds to believe has committed or is committing an offence or who is seeking access to a person in the officer's custody or to relevant premises,

(h) in relevant premises, or in any other place in which a person in legal custody is or may be, to require any person who the officer has reasonable grounds for suspecting has committed or is committing an offence—

(i) to give the person's name and address, and

(ii) either to remain there with the officer until a constable arrives or, where reasonable in all the circumstances, to go with the officer to the nearest police station,

but only if before imposing any such requirement the officer informs the person concerned of the nature of the suspected offence and of the reason for the requirement,

(i) in fulfilment of the officer's duties under paragraph 2(1)(d), to apprehend any person and to detain that person in custody in the premises of the court in question,

(j) at a constable's direction, to photograph or take relevant physical data from any person held in legal custody, and

(k) to use reasonable force (which may include the use of handcuffs and other means of restraint) where and in so far as it is requisite to do so in exercising any of the other powers,

and either (but not both) of the sets of premises mentioned in any of paragraphs (a), (c) and (g) may be situated in a part of the British Islands outwith Scotland.

2

(1) It is the duty of a police custody and security officer—

(a) to attend to the well-being of a person in the officer's custody,

(b) to prevent such a person from escaping from custody,

(c) to prevent, or detect and report on, the commission or attempted commission by such a person of any other unlawful act,

(d) to act with a view to preserving good order in the premises of any court and in land connected with such premises,

(e) to ensure good order and discipline on the part of a person in the officer's custody (whether or not in the premises of any court or in land connected with such premises), and

(f) to give effect to any order of a court.

(2) A police custody and security officer provided to the Authority by virtue of section 26(2)(b) does not have the powers and duties mentioned in this schedule in the premises of any court or in land connected with such premises.

(3) In this schedule—

(a) “legal custody” has the meaning given by section 295 of the Criminal Procedure (Scotland) Act 1995 (c.46),

(b) “relevant physical data” has the meaning given by section 18(7A) of that Act, and

(i) the premises of any court, prison, police station or hospital (within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)), or

(ii) the premises of any other place from or to which a person may be required to be taken under that Act of 1995 or that Act of 2003.

SCHEDULE 3

Constitution and membership

1

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

Member remuneration, allowances and expenses

2

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

Expenses of proceedings

3

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

Police appeals tribunal rules

4

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

SCHEDULE 4

1

This schedule applies during the period before the day on which the Police Service is established (being the day appointed under section 129(2) for the coming into force of section 6).

2

An appointment under section 7 has effect only where the individual has made the declaration set out in section 10 before a sheriff or justice of the peace.

3

An individual appointed under section 7—

(a) holds the office of constable,

(b) is to hold and vacate office on such terms and conditions as the Scottish Ministers may determine,

(i) the establishment of the Police Service, or

(ii) the coming into force of any provision of this Act, and

(d) in the case of the chief constable, is accountable to the Authority.

4

Sections 18, 19, 21(1) and (2), 22 and 23 apply in relation to an individual who is so appointed as if those sections were in force.

5

Despite paragraph 2(1) of schedule 1, the Authority may consist of—

(a) the chairing member, or

(b) the chairing member and fewer than 10 other members.

6

It is for the Authority to hold the chief constable to account for the performance of senior officers' functions.

7

The Authority may—

(a) pay remuneration and allowances to, and reimburse expenses reasonably incurred by, senior officers, and

(b) provide and maintain anything necessary or desirable in connection with the functions of senior officers.

8

The reference in section 4(1) to the Authority's functions includes a reference to any functions which the Authority anticipates having by virtue of the coming into force of any provision of this Act.

SCHEDULE 5

Interpretation

1

In this schedule—

“appointed day” has the meaning given by paragraph 2,

“joint police board” means a joint police board constituted by an amalgamation scheme made under the 1967 Act,

“member of the Authority's staff” means a member of police staff appointed to assist the Authority in the carrying out of its functions,

“police authority” has the same meaning as in the 1967 Act,

“police force” means a police force maintained under the 1967 Act,

“police member of the SCDEA” means an individual appointed in accordance with paragraph 7 of schedule 2 to the 2006 Act,

“SCDEA” means the Scottish Crime and Drug Enforcement Agency,

“SPSA” means the Scottish Police Services Authority,

“the 1967 Act” means the Police (Scotland) Act 1967 (c.77),

“the 2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).

Appointed day

2

(1) The “appointed day”, for the purposes of this schedule, means—

(a) the day on which the Police Service is established (being the day appointed under section 129(2) for the coming into force of section 6), or

(b) such other day as the Scottish Ministers may by order appoint.

(2) An order under sub-paragraph (1)(b) may appoint different days for different purposes.

Constables to continue to hold office and rank

3

(1) Sub-paragraphs (2) to (6) apply to an individual who, immediately before the appointed day, holds the office of constable by virtue of being appointed in accordance with the 1967 Act (including any individual who, immediately before that day, is engaged in service which is “relevant service” for the purposes of section 38A of the 1967 Act).

(2) An individual to whom this sub-paragraph applies is, on and after the appointed day—

(a) to hold the office of constable,

(b) to be treated as having made the declaration required by section 10, and

(3) Paragraphs 6 to 8 make provision for the transfer of an individual to whom this sub-paragraph applies on the appointed day.

(4) Subject to paragraphs5(2) and (4) and 8(6), an individual to whom this sub-paragraph applies is, on the appointed day, to be transferred in accordance with this schedule at the same rank as the individual holds immediately before the appointed day.

(5) Sub-paragraph (4) does not affect any temporary promotion arrangements which are in place immediately before the appointed day.

(6) Any contractual terms on which an individual to whom this sub-paragraph applies is appointed to serve as a constable to a police force (for example, in relation to fixed periods of tenure of constables holding the rank of superintendent or above) are, on and after the appointed day, to have effect as if the appointment were originally an appointment to serve as a constable of the Police Service.

Senior officers appointed under section 7

4

An individual who, immediately before the appointed day, holds the office of chief constable, deputy chief constable or assistant chief constable by virtue of appointment in accordance with section 7 is, on and after the appointed day, to serve as a constable of the Police Service.

Senior officers

5

(1) Sub-paragraph (2) applies to an individual who—

(a) holds the rank of chief constable immediately before the appointed day,

(b) is not appointed to the office of chief constable of the Police Service in accordance with section 7, and

(2) An individual to whom this sub-paragraph applies is, on and after the appointed day, to be treated as having been appointed to the office of deputy chief constable in accordance with section 7(and accordingly to hold the rank of deputy chief constable) butis otherwise to continue to have the same conditions of service, including rates of pay, as if the individual had continued to be the chief constable of the police force which has ceased to exist.

(3) Sub-paragraph (4) applies to an individual who—

(a) holds the rank of deputy chief constable immediately before the appointed day,

(b) is not appointed to the office of chief constable, or to the office of deputy chief constable, of the Police Service in accordance with section 7, and

(4) An individual to whom this sub-paragraph applies is, on and after the appointed day, to be treated as having been appointed to the office of assistant chief constable in accordance with section 7(and accordingly to hold the rank of assistant chief constable) but is otherwise to continue to have the same conditions of service, including rates of pay, as if the individual had continued to be the deputy chief constable of the police force which has ceased to exist or, as the case may be, the Director General of the SCDEA.

(5) An individual who is, in accordance with this schedule, transferred to serve as a constable of the Police Service at the rank of assistant chief constable is, on and after the appointed day, to be treated as having been appointed to the office of assistant chief constable of the Police Service in accordance with section 7.

Constables serving in police forces

6

Any individual serving as a constable of a police force immediately before the appointed day (including anyone on temporary service from another police force) is, on the appointed day, to transfer to serve as a constable of the Police Service.

Constables serving in SPSA or SCDEA

7

(1) An individual who, immediately before the appointed day, is the Director General or Deputy Director General of, or is a police member of, the SCDEA is, on the appointed day, to transfer to serve as a constable of the Police Service.

(2) Sub-paragraph (1) does not apply to a police member of the SCDEA serving as a member of the SPSA's staff in accordance with an arrangement made by virtue of paragraph 10(3) of schedule 1 to the 2006 Act(see sub-paragraphs (5) and (6)(a) below).

(3) Sub-paragraph (4) applies where, immediately before the appointed day, an individual—

(a) is serving as a member of the SPSA's staff in accordance with an arrangement made by virtue of paragraph 10(2) of schedule 1 to the 2006 Act, and

(b) is not a police member of the SCDEA.

(4) Where this sub-paragraph applies, it is for the Scottish Police Authority to determine whether the individual concerned is, on the appointed day, to transfer—

(a) to serve as a constable of the Police Service, or

(b) to be engaged on temporary service as a member of the Authority's staff.

(5) Sub-paragraph (6) applies where, immediately before the appointed day, an individual is serving as a member of the SPSA's staff in accordance with an arrangement made by virtue of paragraph 10(3) of schedule 1 to the 2006 Act.

(6) Where this sub-paragraph applies, the arrangement is, on and after the appointed day, to have effect as if made by the Scottish Police Authority under section 16 and—

(a) where the individual concerned is a police member of the SCDEA, the individual is, on the appointed day, to transfer to be engaged on temporary service as a constable of the Police Service, or

(b) where the individual concerned is not a police member of the SCDEA, it is for the Scottish Police Authority to determine whether the individual is, on the appointed day, to transfer—

(i) to be engaged on temporary service as a constable of the Police Service, or

(ii) to be engaged on temporary service as a member of the Authority's staff.

Constables – temporary service arrangements

8

(1) Sub-paragraph (2) applies where, by virtue of any arrangement made or consent given, an individual is, immediately before the appointed day, engaged in service as a constable of a police force.

(2) Where this sub-paragraph applies—

(a) the arrangement or consent is, on and after the appointed day, to have effect as if it were an arrangement or consent for the individual to be engaged in service as a constable of the Police Service, and

(b) the individual concerned is, on the appointed day, accordingly to transfer to be engaged in such service.

(3) Sub-paragraph (4) applies where, by virtue of any arrangement made or consent given, a constable of a police force is, immediately before the appointed day, engaged in service outwith that force which is “relevant service” for the purposes of section 38A of the 1967 Act.

(4) Where this sub-paragraph applies—

(a) the arrangement or consent is, on and after the appointed day, to have effect as if it were an arrangement or consent for the individual to be engaged in service outwith the Police Service,

(b) the individual concerned is, on the appointed day, accordingly to continue to be engaged in such service, and

(c) the individual's rights under section 38A(3)(a) of the 1967 Act are, on and after the appointed day, to be treated as having arisen under section 15 of this Act.

(5) Sub-paragraph (6) applies to an individual who—

(a) is to revert to the Police Service by virtue of sub-paragraph (4)(c),

(b) would have (but for this paragraph) reverted to the individual's police force at the rank of deputy chief constable, and

(6) An individual to whom this sub-paragraph applies is, on and after the date that the individual reverts to the Police Service by virtue of sub-paragraph (4)(c), to be treated as having been appointed to the office of assistant chief constable in accordance with section 7 (and accordingly is to hold the rank of assistant chief constable) but is otherwise to continue to have the same conditions of service, including rates of pay, as if the individual had continued to be a deputy chief constable of the police force which has ceased to exist.

(7) An individual who reverts to the Police Service by virtue of sub-paragraph (4)(c) at the rank of assistant chief constable is, on and after the day of reversion, to be treated as having been appointed to the office of assistant chief constable of the Police Service in accordance with section 7.

(8) This paragraph does not apply in relation to an individual transferred under paragraph 6 or 7.

Acts done before transfer

9

(1) Anything done before the appointed day by or in relation to a police authority, a joint police board, the SPSA or the SCDEA in respect of an individual transferred under any of paragraphs 6 to 8 is to be treated on and after that day as having been done by or in relation to the Scottish Police Authority.

(2) Anything done before the appointed day by or in relation to a chief constable of a police force or the Director General of the SCDEA in respect of an individual transferred under any of paragraphs 6 to 8 is to be treated on and after that day as having been done by or in relation to the chief constable of the Police Service.

(3) Anything done before the appointed day by or in relation to a constable of a police force or a police member of the SCDEA in respect of an individual transferred under any of paragraphs 6 to 8 is to be treated on and after that day as having been done by or in relation to a constable of the Police Service.

Limitation on mobility of transferred constables

10

(1) Sub-paragraph (2) applies to a constable of the Police Service who, immediately before the appointed day, is a constable of a police force (including any such constable who is, at that time, engaged in service outwith that force).

(2) A constable to whom this sub-paragraph applies must not be assigned duties which, in the opinion of the Scottish Ministers, would necessitate that constable moving home to a place outwith what was the area of the police force which has ceased to exist.

(3) Sub-paragraph (2) does not apply to a constable who, immediately before the appointed day, is engaged in service outwith that constable's force until—

(a) in the case of a constable who is not, on the appointed day, transferred in accordance with this schedule to serve as a constable of the Police Service, such time as the constable reverts to so serve, and

(b) in the case of a constable who is, on the appointed day, transferred in accordance with this schedule to serve as a constable of the Police Service, such time as the chief constable may determine.

(4) Sub-paragraph (2) ceases to apply to a constable if, on or after the appointed day, the constable—

(a) is or becomes a senior officer of the Police Service,

(b) is promoted to a higher rank,

Transfer of police staff

11

(1) An individual is a “police employee” for the purposes of this paragraph if the individual—

(a) is employed, immediately before the appointed day—

(i) by a joint police board under section 9 of the 1967 Act (or is otherwise employed by a joint police board),

(ii) by the SPSA under paragraph 9(1) or 10(1) of schedule 1 to the 2006 Act, or

(b) being an employee of a local authority, is identified by a staff transfer scheme made under paragraph 12 as an individual, or type of individual, who is to be treated as a police employee.

(2) A police employee's contract of employment has effect on and after the appointed day as if originally made between the employee and the Scottish Police Authority.

(3) It is for the Scottish Police Authority to determine whether a police employee is, on and after the appointed day, to be treated as having been appointed as a member of the police staff under section 26 or as a member of the Authority's staff under paragraph 6 of schedule 1.

(4) The rights, powers, duties and liabilities of the relevant authority under or in connection with the contract of employment are by virtue of this paragraph transferred to the Scottish Police Authority on the appointed day.

(5) Anything done before the appointed day by or in relation to the relevant authority in respect of the contract of employment or the police employee is to be treated on and after that day as having been done by or in relation to the Scottish Police Authority.

(6) If, before the appointed day, a police employee informs the relevant authority that the person does not wish to become an employee of the Scottish Police Authority—

(a) sub-paragraphs (2), (4) and (5) do not apply in relation to the police employee, and

(b) the employee's contract of employment is terminated on the appointed day.

(7) A police employee is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the employee.

(8) Nothing in this paragraph affects any right of a police employee to terminate the police employee's contract of employment if a substantial detrimental change in the police employee's working conditions is made.

(9) No such right arises by reason only that, by virtue of this paragraph, the identity of the police employee's employer changes.

(10) In this paragraph “relevant authority” means the joint police board or authority which employs the individual concerned immediately before the appointed day.

Staff transfer scheme

12

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

(2) A staff transfer scheme is a scheme which—

(a) identifies or prescribes methods for identifying individuals, or types of individuals, employed by local authorities who are to be treated as police employees for the purposes of paragraph 11,

(b) makes such further provision (including any incidental, consequential, supplementary, transitional, transitory or saving provision) for or in connection with the transfer of individuals identified by or under the scheme to the Scottish Police Authority as the Scottish Ministers think fit.

(3) Before making a staff transfer scheme, the Scottish Ministers must consult any local authority or other person whose rights, liabilities and obligations (or any of them) are to be transferred by virtue of the scheme.

Police staff appointed under contract for services

13

(1) A contract for services entered into by a police authority or a joint police board for the purposes of section 9(1)(b) of the 1967 Act has effect on and after the appointed day as if originally entered into by the Scottish Police Authority.

(2) Accordingly, any individual who, immediately before the appointed day, is appointed by a police authority or a joint police board under section 9(1)(b) of the 1967 Act is, on and after the appointed day, to be treated as having been provided to the Scottish Police Authority in accordance with arrangements made by virtue of section 26(2)(b).

(3) The rights, powers, duties and liabilities of the police authority or the joint police board under or in connection with the contract for services are by virtue of this paragraph transferred to the Scottish Police Authority on the appointed day.

(4) Anything done before the appointed day by or in relation to the police authority or the joint police board in respect of the contract for services or an individual falling with sub-paragraph (2) is to be treated on and after that day as having been done by or in relation to the Scottish Police Authority.

Police cadets

14

An individual who, immediately before the appointed day, is a police cadet by virtue of appointment under section 8 of the 1967 Act is, on and after the appointed day, to be treated as having been appointed in accordance with section 25 of this Act.

Police custody and security officers

15

An individual who is, immediately before the appointed day, certified as a police custody and security officer under section 9(1A) of the 1967 Act is, on and after the appointed day, to be treated as having been certified as such an officer under section 28(1).

Her Majesty’s inspectorate of constabulary in Scotland

16

(1) An individual who, immediately before the day on which section 71 comes into force, holds office as an inspector of constabulary by virtue of appointment under section 33 of the 1967 Act is, on and after that day, to be treated as having been appointed under section 71.

(2) An individual who, immediately before the day on which section 72 comes into force, is an assistant inspector of constabularyby virtue of appointment under section 34(1) of the 1967 Act is, on and after that day, to be treated as having been appointed under section 72.

(3) An individual who, immediately before the day on which section 73 comes into force, is a staff officer to the inspectors of constabularyby virtue of appointment under section 34 of the 1967 Act is, on and after that day, to be treated as having been appointed under section 73.

Police property transfer scheme: transfers to Scottish Police Authority

17

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

(2) A police property transfer scheme is a scheme making provision for or in connection with the transfer to the Scottish Police Authorityor the chief constable appointed in accordance with section 7 of property, rights, liabilities and obligations of—

(a) the Scottish Ministers,

(b) a local authority,

(d) the SPSA, or

(e) a chief constable of a police force.

(3) A police property transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights, liabilities and obligations relate to the Authority's functions or police functions.

(4) A person mentioned in sub-paragraph (2)(b), (c) or (e) must provide the Scottish Ministers with such information or assistance as they may reasonably require for the purposes of or in connection with the making of a police property transfer scheme.

(5) On the transfer date—

(a) any property or rights to which a police property transfer scheme applies transfers to and vests in the Scottish Police Authorityor, as the case may be, the chief constable,

(b) any liabilities or obligations to which such a scheme applies become liabilities or obligations of the Scottish Police Authorityor, as the case may be, the chief constable.

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

Property transfer scheme: transfers to local authorities

18

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

(2) A local authority property transfer scheme is a scheme making provision for or in connection with the transfer to a specified local authority of property, rights, liabilities and obligations of a joint police board.

(3) A joint police board must provide the Scottish Ministers with such information or assistance as they may reasonably require for the purposes of or in connection with the making of a local authority property transfer scheme.

(4) On the transfer date—

(a) any property or rights to which a local authority property transfer scheme applies transfers to and vests in the specified local authority,

(b) any liabilities or obligations to which such a scheme applies become liabilities or obligations of the specified local authority.

(5) A local authority property transfer scheme may make provision for the payment by a local authority of compensation in respect of property and rights transferred by virtue of the scheme.

(6) In this paragraph, “specified” means specified in the local authority property transfer scheme.

Property transfer schemes: general

19

(1) This paragraph applies in relation to a scheme under paragraph 17 or 18.

(2) The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(3) The scheme may—

(a) specify different dates in relation to different property, rights, liabilities and obligations,

(b) make different provision in relation to different cases or classes of case.

(4) The scheme may make provision for the creation of rights, or the imposition of liabilities or obligations, in relation to the property, rights, liabilities or obligations transferred by virtue of the scheme.

(5) The scheme may make provision requiring the person to whom property is transferred by the scheme to comply with requirements or conditions specified by the Scottish Ministers in relation to the property.

(6) A requirement or condition specified under sub-paragraph (5) may include in particular—

(a) a requirement that the property may not be disposed of unless the Scottish Ministers consent,

(b) a condition in relation to use of the property.

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

(8) The scheme may make provision about the continuation of legal proceedings.

(9) The scheme may include such incidental, consequential, supplementary, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

Transfer of liabilities of chief constables etc.

20

By virtue of this paragraph, any liabilities of a chief constable of a police force under section 39 of the 1967 Act and of the Director General of the SCDEA under section 22 of the 2006 Act are, on and after the appointed day, to be treated as liabilities of the chief constable of the Police Service under section 24 of this Act.

SCHEDULE 6

Interpretation

1

In this schedule—

“appointed day” means such day as the Scottish Ministers may by order appoint (and different days may be appointed for different purposes),

“joint board” means a joint fire and rescue board constituted by a scheme made under section 2(1) of the 2005 Act,

“relevant employer”, in relation to—a person employed by a local authority, means the local authority with which the person has a contract of employment,a person who is a member of the staff of the Scottish Ministers, means the Scottish Ministers,

“transfer day”, in relation to a person, means the day on which a staff transfer scheme comes into force in relation to the person,

“transferring employee” means a person who, immediately before the appointed day, is an employee of a joint board.

Joint board staff

2

(1) A transferring employee's contract of employment has effect on and after the appointed day as if originally made between the employee and SFRS.

(2) The rights, powers, duties and liabilities of the joint board under or in connection with the contract of employment are by virtue of this paragraph transferred to SFRS on the appointed day.

(3) Anything done before the appointed day by or in relation to the joint board in respect of the contract of employment or the transferring employee is to be treated on and after that day as having been done by or in relation to SFRS.

(4) If, before the appointed day, a transferring employee informs the joint board that the person does not wish to become an employee of SFRS—

(a) sub-paragraphs (1) to (3) do not apply in relation to the transferring employee, and

(b) the transferring employee's contract of employment is terminated on the appointed day.

(5) A transferring employee is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the employee.

(6) Nothing in this paragraph affects any right of a transferring employee to terminate the employee's contract of employment if a substantial detrimental change in the employee's working conditions is made.

(7) No such right arises by reason only that, by virtue of this paragraph, the identity of the transferring employee's employer changes.

Local authority staff and civil servants

3

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

(2) A staff transfer scheme is a scheme making provision for or in connection with the transfer to SFRS of persons who are—

(a) employed by a local authority, or

(b) members of the staff of the Scottish Ministers.

(3) A staff transfer scheme may in particular—

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

(b) provide that specified persons, or classes of specified person, are to become employees of SFRS.

(4) A staff transfer scheme may make provision only in relation to persons whose employment relates to the carrying out of functions conferred on SFRS by or under the 2005 Act or any other enactment.

(5) In this paragraph, “specified” means specified in a staff transfer scheme.

Transfers under paragraph 3: effect on contract of employment

4

(1) This paragraph applies where—

(a) a person is to be transferred by virtue of a staff transfer scheme, and

(b) immediately before the transfer day the person has a contract of employment with a relevant employer.

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

(3) The rights, powers, duties and liabilities of the relevant employer under or in connection with the contract of employment are by virtue of this paragraph transferred to SFRS on the transfer day.

(4) Anything done before the transfer day by or in relation to the relevant 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 SFRS.

(5) If, before the transfer day, the person informs the relevant employer that the person does not wish to become an employee of SFRS—

(a) sub-paragraphs (2) to (4) do not apply in relation to the person, and

(b) the person's contract of employment is terminated on the day before the transfer day.

(6) A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the person.

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

(8) No such right arises by reason only that, by virtue of this paragraph, the identity of the person's employer changes.

(9) Before making a staff transfer scheme under paragraph 3, the Scottish Ministers must consult any local authority or other person whose rights, liabilities and obligations (or any of them) are to be transferred by virtue of the scheme.

Property transfer scheme: transfers to SFRS

5

(1) The Scottish Ministers may make an SFRS property transfer scheme.

(2) An SFRS property transfer scheme is a scheme making provision for or in connection with the transfer to SFRS of property, rights, liabilities and obligations of—

(a) the Scottish Ministers,

(b) a local authority,

(3) An SFRS property transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights, liabilities and obligations relate to functions of SFRS conferred by or under the 2005 Act or any other enactment.

(4) A person mentioned in sub-paragraph (2)(b) or (c) must provide the Scottish Ministers with such information or assistance as they may reasonably require for the purposes of or in connection with the making of an SFRS property transfer scheme.

(5) On the transfer date—

(a) any property or rights to which an SFRS property transfer scheme applies transfers to and vests in SFRS,

(b) any liabilities or obligations to which such a scheme applies become liabilities or obligations of SFRS.

(6) An SFRS property transfer scheme may make provision for the payment by SFRS of compensation in respect of property and rights transferred by virtue of the scheme.

Property transfer scheme: transfers to local authorities

6

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

(2) A local authority property transfer scheme is a scheme making provision for or in connection with the transfer to a specified local authority of property, rights, liabilities and obligations of a specified joint board.

(3) A joint board must provide the Scottish Ministers with such information or assistance as they may reasonably require for the purposes of or in connection with the making of a local authority property transfer scheme.

(4) On the transfer date—

(a) any property or rights to which a local authority property transfer scheme applies transfers to and vests in the specified local authority,

(b) any liabilities or obligations to which such a scheme applies become liabilities or obligations of the specified local authority.

(5) A local authority property transfer scheme may make provision for the payment by a local authority of compensation in respect of property and rights transferred by virtue of the scheme.

(6) In this paragraph, “specified” means specified in the local authority property transfer scheme.

Property transfer schemes: general

7

(1) This paragraph applies in relation to a scheme under paragraph 5 or 6.

(2) The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(3) The scheme may—

(a) specify different dates in relation to different property, rights, liabilities and obligations,

(b) make different provision in relation to different cases or classes of case.

(4) The scheme may make provision for the creation of rights, or the imposition of obligations or liabilities, in relation to the property, rights, liabilities or obligations transferred by virtue of the scheme.

(5) The scheme may make provision requiring the person to whom property is transferred by the scheme to comply with requirements or conditions specified by the Scottish Ministers in relation to the property.

(6) A requirement or condition specified under sub-paragraph (5) may include in particular—

(a) a requirement that the property may not be disposed of unless the Scottish Ministers consent,

(b) a condition in relation to use of the property.

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

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

Transfer schemes: additional provision

8

A staff transfer scheme or a property transfer scheme under paragraph 5 or 6 may include such incidental, consequential, supplementary, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

SCHEDULE 7

PART 1 — Amendments relating to Part 1

Police (Scotland) Act 1967 (c.77)

1

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

Health and Safety at Work etc. Act 1974 (c.37)

2

In section 51A of the Health and Safety at Work etc. Act 1974 (application of Part to police)—

(a) in subsection (2E), for paragraph (a) substitute—

(a) section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);

(b) in subsection (3)(b), for “each chief officer of police in Scotland” substitute “ the chief constable of the Police Service of Scotland ”.

Rehabilitation of Offenders Act 1974 (c.53)

3

In section 9B of the Rehabilitation of Offenders Act 1974 (unauthorised disclosure of spent alternatives to prosecution: Scotland), in subsection (1)(a)(ii), after “court,” insert “ the Police Service of Scotland or another ”.

Slaughter of Animals (Scotland) Act 1980 (c.13)

4

In section 22 of the Slaughter of Animals (Scotland) Act 1980 (interpretation), in the definition of “constable” for “Police (Scotland) Act 1967” substitute “ Police and Fire Reform (Scotland) Act 2012 ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

5

In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Part I, in Group B—

(a) after paragraph (f) insert—

(fa) members and staff of the Scottish Police Authority;

(b) for paragraph (i) substitute—

(i) constables of the Police Service of Scotland (including constables engaged on temporary service within the meaning of section 15 of the Police and Fire Reform (Scotland) Act 2012 (asp 8));

(n) persons appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012;

(d) after paragraph (w) insert—

(wza) persons who, at any time within the 5 years immediately preceding the date at which the eligibility, in terms of section 1 of this Act, for jury service is being considered, were members or employees of the Scottish Police Services Authority;

Civic Government (Scotland) Act 1982 (c.45)

6

(1) The Civic Government (Scotland) Act 1982 is amended as follows.

(2) In section 8 (interpretation of Parts 1 and 2)—

(a) for paragraph (a) of the definition of “authorised civilian employee” substitute—

(a) appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8); and

(b) for the definition of “chief constable” substitute—

“chief constable” means the chief constable of the Police Service of Scotland;

(3) In section 61(2) (protection of insecure premises), for “police authority” substitute “ Scottish Police Authority ”.

(4) In section 62(12) (notification of processions), for the definition of “chief constable” substitute—

“chief constable” means the chief constable of the Police Service of Scotland; and

(5) In section 77(1) (financial provisions relating to lost or abandoned property) for the words from “police” where it first occurs to “1967” substitute “ Scottish Police Authority ”.

(6) In section 79 (interpretation of Part 4), for the definition of “chief constable” substitute—

“chief constable” means the chief constable of the Police Service of Scotland;

(7) In section 85(1) (financial provisions: property of persons in custody) for the words from “police” where it first occurs to “1967” substitute “ Scottish Police Authority ”.

(8) In section 86(1) (interpretation of Part 7 etc.) for the words from “for” where it first occurs to the end substitute “ of the Police Service of Scotland. ”.

(9) In section 86D (duty of care etc.), for “the proviso to section 17(3)(b) of the Police (Scotland) Act 1967” substitute “ section 17(3)(a) of the Police and Fire Reform (Scotland) Act 2012 ”.

(10) In section 86F (retention of relevant property by police authority)—

(a) in subsection (1)—

(i) for “a chief constable” substitute “ the chief constable ”,

(ii) for “police authority” substitute “ Scottish Police Authority ”,

(b) the title of the section becomes “ Retention of relevant property by Scottish Police Authority ”.

(11) In section 86J (references in Part 7A to “chief constable”), for the words from “for” where it first occurs to the end substitute “ of the Police Service of Scotland. ”.

(12) In paragraph 3 of Schedule 2 (definitions)—

(a) in the definition of “authorised civilian employee”, for paragraph (a) substitute—

(a) appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8); and

(b) for the definition of “chief constable” substitute—

“chief constable” means the chief constable of the Police Service of Scotland;

(13) In Schedule 2A (retention and disposal of certain property)—

(a) in paragraph 3, for the words “the proviso to section 17(3)(b) of the Police (Scotland) Act 1967” substitute “ section 17(3)(a) of the Police and Fire Reform (Scotland) Act 2012 ”,

(b) in paragraph 8, for the definition of “chief constable” substitute—

“chief constable” means the chief constable of the Police Service of Scotland;

Roads (Scotland) Act 1984 (c.54)

7

(1) The Roads (Scotland) Act 1984 is amended as follows.

(2) In section 33(2) (snow gates), in the entry beginning with “constable” for the words from “sections” to “(interpretation)” substitute “ section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ”.

(3) In section 37(1)(a) (consultation and local inquiries as regards road humps), for the words from “officer” to “situated” substitute “ constable of the Police Service of Scotland ”.

(4) In section 59(5) (control of obstructions in roads), for “police authority” substitute “ Scottish Police Authority ”.

(5) In section 86 (removal of builders' skips causing danger or obstruction)—

(a) in subsection (4), for “police authority” substitute “ Scottish Police Authority ”,

(b) in subsection (5), for “police authority” (in both places where it occurs) substitute “ Scottish Police Authority ”,

(6) In section 98 (control of stray and other animals on roads)—

(a) in subsection (2), for “police authority” substitute “ Scottish Police Authority ”,

(b) in subsection (3), for “police authority” substitute “ Scottish Police Authority ”,

(7) After section 120, insert—

(120A) (1) The Scottish Police Authority may delegate to the chief constable of the Police Service of Scotland any of its functions under the sections mentioned in subsection (2). (2) The sections are— (a) section 59; (b) section 86; and (c) section 98.

Prisons (Scotland) Act 1989 (c.45)

8

In section 14 of the Prisons (Scotland) Act 1989 (legalised police cells)—

(a) in subsection (1)—

(i) for “a police authority” substitute “ the Scottish Police Authority ”,

(ii) for “police authority” where it second occurs substitute “ Scottish Police Authority ”,

(b) in subsection (3), in the proviso, for “police authority” substitute “ Scottish Police Authority ”,

(d) in subsection (5), for the words from “police” to “cells” substitute “ Scottish Police Authority ”.

Criminal Justice and Public Order Act 1994 (c.33)

9

(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 102(5) (arrangements for the provision of prisoner escorts), for “prescribed under section 9(1A)(b) of the Police (Scotland) Act 1967 (c.77)” substitute “ under section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ”.

(3) In section 163 (local authority powers to provide closed-circuit television)—

(a) in subsection (3), after “area” insert “ or, in Scotland, the local commander designated for the local authority's area ”,

(b) in subsection (4), after the definition of “local authority” insert—

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