The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015

Made: 9th September 2015

Coming into force: 10th September 2015

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Citation and commencement

1

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Interpretation2

2

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Amendment of the 1997 Act

Amendment of the 1997 Act

3

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Amendment of the 2007 Act

Amendment of the 2007 Act 2

4

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Transitional provision

Current applications for criminal record certificates and enhanced criminal record certificates under sections 113A, 113B, 114 and 116 of the 1997 Act

5

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Current applications for new certificates under section 117 of the 1997 Act

6

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Current applications for registration under section 120 of the 1997 Act

7

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Current disclosure requests under sections 52 and 53 of the 2007 Act

8

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Correction of scheme records under section 51 of the 2007 Act

9

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Current nominations under regulation 4 of the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010

10

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Consequential amendments

Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Regulations 2010

11

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Signed

ANGELA CONSTANCE — A member of the Scottish Government — 9th September 2015

Explanatory note

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Footnotes

[^f00001]: 2001 asp 7.

[^f00002]: 1997 c.50. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00003]: 2007 asp 14.

[^f00004]: The “Convention rights” has the meaning given by section 1 of the Human Rights Act 1998 (c.42). In the case of R (on the application of T and another) v Secretary of State for the Home Department and another [2014] UKSC 35 (judgment of 18th June 2014), the Supreme Court made a declaration of incompatibility under section 4 of the Human Rights Act 1998 that the provisions of sections 113A and 113B of the Police Act 1997 (as applicable in England and Wales) were incompatible with article 8 of the Convention because the requirements in relation to blanket disclosure of all spent convictions were not in accordance with the law. Similar provisions in sections 113A and 113B of the Police Act 1997 (as applicable in Scotland) may be incompatible with article 8 of the Convention. Section 49(1)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) relies on section 113A(3)(a) of the Police Act 1997 and may also be incompatible with article 8 of the Convention.

[^f00005]: Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15) and has been relevantly amended by sections 78(2) and 79(1) of, and paragraph 28 of schedule 4 to, the Protection of Vulnerable Groups (Scotland) Act 2007.

[^f00006]: 1974 c.53.

[^f00007]: Schedule 3 was inserted by section 109(4) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”). Caution is an alternative to prosecution by virtue of section 8B(1)(f) of the Rehabilitation of Offenders Act 1974; section 8B was inserted by section 109(2) of the 2010 Act.

[^f00008]: Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15) and has been relevantly amended by sections 79(1) and 80 of the 2007 Act and by section 108(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00009]: Subsection (5A) was inserted by section 80 of the Protection of Vulnerable Groups (Scotland) Act 2007.

[^f00010]: Subsections (3) and (4) of section 117 were inserted by paragraph 33 of schedule 4 to the Protection of Vulnerable Groups (Scotland) Act 2007.

[^f00011]: 1995 c.36. Section 69 was repealed by paragraph 1 of schedule 6 to the Children’s Hearings (Scotland) Act 2011 (asp 1).

[^f00012]: 2011 asp 1.

[^f00013]: Schedule 8 was repealed by Part 1(A) of Schedule 15 of the Police and Justice Act 2006.

[^f00014]: 2006 c.52.

[^f00015]: 1837 c.88. The Act was relevantly amended by the Statute Law Revision (No. 2) Act 1890 (c.51).

[^f00016]: 1982 c.36.

[^f00017]: 1990 c.31.

[^f00018]: S.I. 2009/3015. Article 241 was amended by S.I. 2012/1751 and S.I. 2014/3302.

[^f00019]: 1937 c.37. Section 12 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289B; the Children Act 1975 (c.72), Schedule 4; the Criminal Justice Act 1988 (c.33), section 45; the Children (Scotland) Act 1995 (c.36) (“the 1995 Act”), Schedule 4, paragraph 7; the Criminal Justice (Scotland) Act 2003 (asp 7), section 51(5) and S.I. 1951/1974.

[^f00020]: 1984 c.37. Section 6 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9), sections 9 and 10 and Schedule 1, paragraph 20; the Age of Legal Capacity (Scotland) Act 1991 (c.50), Schedule 2, paragraph 1; and the 1995 Act, Schedule 4, paragraph 34.

[^f00021]: 1883 c.3. The Act was relevantly amended as follows. Section 2 was substituted by the Criminal Jurisdiction Act 1975 (c.59) (“the 1975 Act”), section 7 and extended by the Internationally Protected Persons Act 1978 (c.17), section 1; the Aviation Security Act 1982 (c.36), section 6(1); the United Nations Personnel Act 1997 (c.13), section 1; and the Terrorism Act 2000 (c.11) (“the 2000 Act”), section 62. Section 3 was substituted by the 1975 Act, section 7, extended by the 2000 Act, section 62 and amended by the Criminal Law Act 1977 (c.45), Schedule 12 and the Terrorism Act 2006 (c.11), section 17. Section 4 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 221 and by the Criminal Justice and Courts Act 2015 (c.2), section 1. Section 5 was extended by the 2000 Act (c.11), section 62.

[^f00022]: 1968 c.27. The Act was extended by the Firearms Act 1982 (c.31), section 1 and S.I. 1972/971, and modified by the Firearms (Amendment) Act 1988 (c.45), sections 8 and 25.

[^f00023]: Section 16A was inserted by the Firearms (Amendment) Act 1994 (c.31), section 1.

[^f00024]: Section 17 was amended by the Theft Act 1968 (c.60), Schedule 3.

[^f00025]: 1996 c.6. The Act was relevantly amended as follows. Section 2 was extended by the 2000 Act, section 62 and section 32 was extended by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 17.

[^f00026]: 2014 c.12.

[^f00027]: 2003 asp 7. Section 22 was amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 46.

[^f00028]: 2004 c.19. Section 4 was amended by the 2010 Act, section 46.

[^f00029]: 2010 asp 13.

[^f00030]: 2005 asp 8.

[^f00031]: 1978 c.29. Section 10Z9 was inserted by the Public Services Reform (Scotland) Act 2010 (asp 8), section 108.

[^f00032]: 1983 c.54. Section 49 was amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1 and by S.I. 2007/3101.

[^f00033]: 2010 asp 13.

[^f00034]: 1979 c.2. Section 50 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289F and 289G; the Police and Criminal Evidence Act 1984 (c.60), section 114(1); the Finance Act 1988 (c.33), section 12; the Criminal Justice Act 2003 (c.44), section 293; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17; the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), section 111; and S.I. 1996/2686.

[^f00035]: 1876 c.36. Section 42 was amended by the Customs and Excise Act 1952 (c.44), Schedule 12; the Statute Law (Repeals) Act 1993 (c.50), Schedule 1; and the Statute Law (Repeals) Act 2008 (c.12), Schedule 2.

[^f00036]: 1995 c.46. Section 210A was inserted by the Crime and Disorder Act 1998 (c.37), section 86 and was amended by the Sexual Offences (Amendment) Act 2000 (c.44), section 6(2); the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), section 312; the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), section 21; the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), schedule 1; the Sexual Offences (Scotland) Act 2009 (asp 9), schedules 5 and 6; the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 23; and by S.S.I. 2003/48 and S.S.I. 2010/421.

[^f00037]: 2003 c.42. Section 113 was amended by the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), Schedule 11 and by S.S.I. 2011/25.

[^f00038]: 2005 asp 9. Section 7 was amended by the 2010 Act, section 103 and the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), Schedule 11, paragraph 78.

[^f00039]: 1995 c.39. Section 50A was inserted by the Crime and Disorder Act 1998 (c.37), section 33.

[^f00040]: 2010 asp 13.

[^f00041]: 2000 c.11.

[^f00042]: Section 17A was inserted by the Counter-Terrorism and Security Act 2015 (c.6), section 42.

[^f00043]: Section 54 was amended by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 120; the Counter-Terrorism Act 2008 (c.28) (“the 2008 Act”), Schedule 9; and the Criminal Justice and Courts Act 2015 (c.2), section 1.

[^f00044]: Section 57 was amended by the Terrorism Act 2006 (c.11), section 13.

[^f00045]: Section 58 was amended by the 2008 Act, Schedule 9.

[^f00046]: Section 58A was inserted by the 2008 Act, section 76.

[^f00047]: 2001 c.24.

[^f00048]: Section 79 was amended by the Energy Act 2004 (c.20), Schedule 14.

[^f00049]: Section 80 was amended by the Energy Act 2013 (c.32), Schedule 12.

[^f00050]: Section 113 was amended by the Terrorism Act 2006 (c.11), section 34.

[^f00051]: 2006 c.11. The Act was relevantly amended as follows. Section 6 was amended by the Criminal Justice and Courts Act 2015 (c.2), section 1 and section 17 was amended by the Serious Crime Act 2015 (c.9), section 81 and paragraph 74 of Schedule 4.

[^f00052]: 2008 c.28.

[^f00053]: 2008 c.4.

[^f00054]: 2003 asp 13.

[^f00055]: 2007 asp 14.

[^f00056]: 2007 asp 10.

[^f00057]: 2005 c.15.

[^f00058]: 2010 asp 13.

[^f00059]: 2007 asp 10.

[^f00060]: 2000 asp 4.

[^f00061]: S.I. 1974/2211, as amended by S.I. 1977/361, S.I. 1984/1182, S.I. 1990/2371, S.I. 2011/2883 and S.I. 2014/3158.

[^f00062]: 1981 c.69.

[^f00063]: Section 1 was amended by schedule 5 to the Criminal Justice (Scotland) Act 2003 (asp 7), paragraph 2 of schedule 6 to the Nature Conservation (Scotland) Act 2004 (asp 6) (“the 2004 Act”), section 3(2) and (3) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) (“the 2011 Act”) and S.I. 2011/1043.

[^f00064]: Section 5 was amended by paragraph 6 of schedule 6 to the 2004 Act.

[^f00065]: Section 9 was amended by paragraph 8 of schedule 6 to the 2004 Act and section 7(2) of the 2011 Act.

[^f00066]: Section 11 was amended by paragraph 10 of schedule 6 to the 2004 Act and section 13(2) of the 2011 Act.

[^f00067]: Sections 11A, 11B and 11C were inserted by section 13(3) of the 2011 Act. Section 11A was amended by S.S.I. 2013/119.

[^f00068]: Section 14ZC was inserted by section 14(3) of the 2011 Act.

[^f00069]: Section 15A was inserted by paragraph 14 of schedule 6 to the 2004 Act and was amended by section 21(4) of the 2011 Act and by S.I. 2013/1506.

[^f00070]: 1991 c.65. The Act was amended by paragraph 81 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), sections 1 to 3 of the Dangerous Dogs (Amendment) Act 1997 (c.53), section 10 of, and paragraph 2 of schedule 1 to, the Control of Dogs (Scotland) Act 2010 (asp 9) and sections 106(2)(a)(ii) and 107 of the Anti-social Behaviour, Crime and Policing Act 2014 (c.12).

[^f00071]: 1992 c.51. The Act was amended by paragraph 53 of Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997( c.11), paragraph 5 of schedule 1 to the Wild Mammals (Scotland) Act 2002 (asp 6), paragraph 26 of schedule 6 to 2004 Act and sections 33 and 41(4) of the 2011 Act.

[^f00072]: S.I 1994/2716.

[^f00073]: Regulation 39 was amended by S.S.I. 2008/17 and S.S.I. 2008/425.

[^f00074]: Regulation 41 was amended by S.S.I. 2004/475 and S.S.I. 2007/80.

[^f00075]: S.I. 1995/731 was amended by S.I. 1999/400 and S.I. 1999/1820 and S.S.I. 2000/62, S.S.I. 2001/145, S.S.I. 2002/238, S.S.I. 2004/13, S.S.I. 2006/536, S.S.I. 2007/150, S.S.I. 2012/321 and S.S.I. 2015/13.

[^f00076]: 1996 c.3. The Act was amended by paragraph 1 of schedule 6 to the Protection of Wild Mammals (Scotland) Act 2002 (asp 6) and S.S.I. 2016/536.

[^f00077]: 2002 asp 6. The Act was amended by Part 2 of schedule 1 to the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) and by S.S.I. 2006/536.

[^f00078]: 2006 asp 11. The Act was amended by paragraph 34 of Part 1 of schedule 7 to the Police and Fire Reform (Scotland) Act 2012 (asp 8) (“the 2012 Act”).

[^f00079]: 2006 c.52.

[^f00080]: 1996 c.16. Section 89 was amended by section 104(1) of the Police Reform Act 2002 (c.30); Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005 (c.15); S.I. 2012/1809 and S.S.I. 2013/602.

[^f00081]: 2005 c.11.

[^f00082]: 2005 asp 2. The Act was amended by section 38 of, and paragraph 23 of schedule 3 to, the Fire (Scotland) Act 2005 (asp 5), section 44(4) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), paragraph 25 of Part 1 and paragraph 67 of Part 2 of schedule 7 to the 2012 Act, and by S.S.I. 2008/37 and S.S.I. 2013/211.

[^f00083]: 2005 asp 5.

[^f00084]: 2012 asp 8.

[^f00085]: 1982 c.36.

[^f00086]: Section 20B was inserted by section 86(1) of the Anti-terrorism, Crime and Security Act 2001 (c.24) and amended by paragraph 15 of Schedule 11 to the Civil Aviation Act 2012 (c.19).

[^f00087]: Section 21FA was inserted by section 87 of the Anti-Terrorism, Crime and Security Act 2001 (c.24).

[^f00088]: 1977 c.45. Section 51 was amended by section 26(4) of the Criminal Justice Act 1991 (c.53).

[^f00089]: 2010 c.23.

[^f00090]: 2001 asp 8.

[^f00091]: Section 45 was amended by S.I. 2007/3101.

[^f00092]: 2010 asp 8.

[^f00093]: S.S.I. 2011/215.

[^f00094]: S.S.I. 2011/210.

[^f00095]: 2005 asp 10, to which there are no relevant amendments.

[^f00096]: 1991 c.48. The Act was amended by paragraph 1 of schedule 7 and schedule 8 to the Child Maintenance and Other Payments Act 2008 (c.6) and by S.I. 2005/1790, S.I. 2008/2833 and S.I. 2012/2007.

[^f00097]: 1987 c.32. Section 1 was amended by section 35(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00098]: 2011 asp 13.

[^f00099]: 1971 c.38.

[^f00100]: Section 3 was amended by paragraph 4 of schedule 17 to the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”).

[^f00101]: Section 4 was amended by paragraph 5 of schedule 17 to the 2010 Act.

[^f00102]: Section 4A was inserted by section 1(1) of the Drugs Act 2005 (c.17).

[^f00103]: Section 12 was amended by paragraph 8 of Schedule 4 to the Customs and Excise Management Act 1979 (c.2).

[^f00104]: Section 13 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 17, paragraph 12 and by the Scotland Act 2012 (c.11), section 19.

[^f00105]: Section 19 was amended by the Serious Crime Act 2007 (c.27), Schedule 6, paragraph 53.

[^f00106]: 1979 c.2. Sections 50 and 170 were amended by the Forgery and Counterfeiting Act 1981 (c.45), section 23; the Police and Criminal Evidence Act 1984 (c.60), section 114(1); the Finance Act 1988 (c.33), section 12; the Criminal Justice Act 2003 (c.44), section 293; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17; the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), section 111 and by S.I. 1996/2686 and S.I. 2015/664. Section 50 was also amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289F and 289G and section 170 was also amended by the Finance (No. 2) Act 1992 (c.48), Schedule 2.

[^f00107]: 1971 c.38. Section 3 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 17, paragraph 4.

[^f00108]: 1990 c.5. The Act was relevantly amended by section 23 of the Criminal Justice Act 1993 (c.36), section 1 of the Criminal Justice (International Co-operation) (Amendment) Act 1998 (c.27), Part 2 of Schedule 7 to the Criminal Justice (Scotland) Act 1995 (c.20), Schedule 5 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), paragraph 21 of Schedule 11 to the Proceeds of Crime Act 2002 (c.29), paragraph 3 of Schedule 28 to the Criminal Justice Act 2003 (c.44) and paragraph 22 of Schedule 17 to the Police Reform and Social Responsibility Act 2011 (c.13).

[^f00109]: 2003 asp 13. Section 316 was amended by section 71(3) of the Adult Support and Protection (Scotland) Act 2007 (asp 10) and by S.S.I. 2005/465.

[^f00110]: 2012 asp 8.

[^f00111]: 2000 c.8. The Act was relevantly amended by the Pension Schemes Act 2015 (c.8), Schedule 3, paragraph 2 and the Financial Services Act 2012 (c.21), sections 11(2), 13, 25(1), 26 and 95 and Schedules 8, 9 and 12 and Part 1 of Schedule 18 and S.I. 2000/534, S.I. 2001/1090, S.I. 2005/1433, S.I. 2010/22, S.I. 2012/2554 and S.I. 2013/1773.

[^f00112]: 2012 c.21. The Act was amended by the Financial Services (Banking Reform) Act 2013 (c.33), sections 105 and 106, Schedule 9, paragraph 4(3)(e) and Schedule 10, paragraph 9 and S.I. 2014/3329.

[^f00113]: 2005 asp 5. Section 72 was amended by S.S.I. 2005/2060.

[^f00114]: 1968 c.27 (“the 1968 Act”). Section 16A was inserted by the Firearms (Amendment) Act 1994 (c.31) section 1(1). The 1968 Act was relevantly amended by the Criminal Justice Act 1982 (c.48), Schedule 14, paragraph 24(a); the Criminal Justice Act 1988 (c.33), Schedule 8, paragraphs 6 and 16 and Schedule 16; the Firearms (Amendment) Act 1988 (c.45), sections 1 to 3, 9, 10, 13, 15, 20 and 23; the Firearms (Amendment) Act 1994, section 2; the Criminal Justice and Public Order Act 1994 (c.33), Schedule 10, paragraph 24(2)(a); the Firearms (Amendment) Act 1997 (c.5), sections 1, 9, 10, 40, 42 and Schedule 2, paragraphs 1 to 14 and Schedule 3; the Firearms (Amendment) (No. 2) Act 1997 (c.64), Schedule 1; the Crime and Disorder Act 1998 (c.37), Schedule 8, paragraph 14; the Anti-social Behaviour Act 2003 (c.38), sections 37 to 39 and Schedule 3; the Criminal Justice Act 2003 (c.44), Schedule 32, Part 1, paragraph 12; the Violent Crime Reduction Act 2006 (c.38), sections 31, 33, 34, 40 and 41 and Schedule 5; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 4, Part 1, paragraph 6; the Crime and Security Act 2010 (c.17), section 46(2); the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), schedule 2, Part 2, paragraph 30(2); and the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), sections 108 to 110 and S.I. 1968/1200, S.I. 1992/2823, S.I. 2010/1759 and S.I. 2011/713.

[^f00115]: 1982 c.45.

[^f00116]: 1997 c.5. The Act was relevantly amended by S.I. 2011/713.

[^f00117]: 2006 c.38.

[^f00118]: 1990 c.16.

[^f00119]: Section 7 was amended by S.I. 2004/3279.

[^f00120]: Section 9 was amended by S.I. 2004/3279 and S.S.I. 2013/336.

[^f00121]: S.I. 2004/3279. Regulation 4 was substituted by S.S.I. 2005/616.

[^f00122]: 2011 asp 15.

[^f00123]: 1981 c.45. The Act was relevantly amended by S.S.I 2014/3168.

[^f00124]: 1995 c.39. Section 46A was inserted by the Crime (International Co-operation) Act 2003 (c.32), section 89.

[^f00125]: 2010 asp 13.

[^f00126]: 2012 asp 8.

[^f00127]: 1995 c.46. Section 234A was inserted by the Protection from Harassment Act 1997 (c.40), section 11, and amended by the Crime and Punishment (Scotland) Act 1997 (c.48), Schedule 3; the Criminal Justice (Scotland) Act 2003 (asp 7), section 49(1); and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 15.

[^f00128]: 1997 c.40. The Act was relevantly amended by the 2010 Act, section 49(2) and the Domestic Abuse (Scotland) Act 2011 (asp 13), section 1(3).

[^f00129]: 1971 c.77.

[^f00130]: Section 24 was amended by the National Health Service (Scotland) Act 1972 (c.58), section 64(1) and Schedule 6, paragraph 155; the Criminal Procedure (Scotland) Act 1975 (c.21), sections 289F and 289G; the British Nationality Act 1981 (c.61), section 39 and Schedule 4, paragraph 2; the Immigration Act 1988 (c.14), sections 6 and 10 and Schedule 1, paragraph 10; the Asylum and Immigration Act 1996 (c.49), section 6; the Immigration and Asylum Act 1999 (c.33), Schedule 16, paragraph 1; and the Nationality, Asylum and Immigration Act 2002 (c.41), section 62.

[^f00131]: Section 24A was inserted by the Immigration and Asylum Act 1999 (c.33), section 28 and amended by the Nationality, Immigration and Asylum Act 2002 (c.41) (“the 2002 Act”), Schedule 9, paragraph 1.

[^f00132]: Sections 25 to 25C were substituted for section 25 by the 2002 Act, section 143. Section 25 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.9), section 1 and the UK Borders Act 2007 (c.30) (“the 2007 Act”), section 30.

[^f00133]: Section 25A was amended by the 2007 Act, sections 29 and 30.

[^f00134]: Section 25B was amended by the 2007 Act, section 30.

[^f00135]: Section 26 was amended by the Criminal Procedure (Scotland) Act 1975, sections 289F and 289G; the British Nationality Act 1981, section 39 and Schedule 4, paragraph 3; the Asylum and Immigration Act 1996 (c.49), section 6; the Immigration and Asylum Act 1999 (c.33), section 30; the 2002 Act, section 151 and Schedule 9, paragraph 1.

[^f00136]: Section 26A was inserted by the 2002 Act, section 148 and amended by S.I. 2008/1693.

[^f00137]: Section 26B was inserted by the 2002 Act, section 149.

[^f00138]: Section 27 was amended by the Counter-Terrorism and Security Act 2015 (c.6), Schedule 5, paragraph 2 and by S.I. 1993/1813.

[^f00139]: 1999 c.33.

[^f00140]: Paragraphs 4 and 5 of Schedule 11 were amended by the Immigration Act 2014 (c.22) (“the 2014 Act”), Schedule 9, paragraph 12.

[^f00141]: Paragraphs 3, 4, 5 and 6 of Schedule 12 were amended by the 2002 Act, section 66.

[^f00142]: Paragraph 4 of Schedule 12 was also amended by the 2014 Act, Schedule 9, paragraph 12.

[^f00143]: 2004 c.19. Section 35 was amended by the 2014 Act, Schedule 2, paragraph 5.

[^f00144]: 2006 c.13.

[^f00145]: 1986 c.45.

[^f00146]: Section 131 was amended by S.I. 2010/18.

[^f00147]: Section 206 was amended by the Company Directors Disqualification Act 1986 (c.46) (“the 1986 Act”), sections 21 and 25; the Criminal Justice (Scotland) Act 1987 (c.41) (“the 1987 Act”), sections 30, 35 and 47; and the Criminal Justice Act 1988 (c.33) (“the 1988 Act”), sections 86 and 123 and Schedule 8, paragraph 13 and by S.I. 1986/1996.

[^f00148]: Section 208 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 52.

[^f00149]: Section 216 was amended by the 1986 Act, sections 21 and 25; the 1987 Act, sections 30, 35 and 47; and the 1988 Act, sections 86 and 123 and Schedule 8, paragraph 13.

[^f00150]: Section 235 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 24.

[^f00151]: 1998 c.33.

[^f00152]: 1968 c.67. The Act was relevantly amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289B; the Health and Social Care Act 2001 (c.15), section 63; and by S.I. 2004/1031, S.I. 2006/2407 and S.I. 2012/1916.

[^f00153]: S.I. 2012/1916. The Regulations were relevantly amended by S.I. 2013/1855.

[^f00154]: 2003 asp 3.

[^f00155]: 2003 c.20. Parts 4 and 5 were amended by the Armed Forces Act 2006 (c.52), Schedule 16, paragraphs 198 and 199 and the Deregulation Act 2015 (c.20), Schedule 11.

[^f00156]: 2012 asp 8.

[^f00157]: 1981 c.42. Section 1 was amended by the Cinemas Act 1985 (c.13), section 24; the Broadcasting Act 1990 (c.42), Schedule 20, paragraph 20; and the Licensing Act 2003 (c.17), Schedule 6, paragraph 80.

[^f00158]: 1982 c.45.

[^f00159]: Section 51 was amended by the Indecent Displays (Control) Act 1981 (c.42); the Broadcasting Act 1990 (c.42), sections 4, 87, 163 and 203 and Schedule 21; the Criminal Justice and Public Order Act 1994 (c.33), Schedule 9, paragraph 30; and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 42.

[^f00160]: Section 51A was inserted by the 2010 Act, section 42.

[^f00161]: Paragraph 19 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) (“the 1975 Act”), section 289G; the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 129 and by S.I. 1984/526.

[^f00162]: 2000 c.26.

[^f00163]: 2003 c.21. Section 127 was amended by the Criminal Justice and Courts Act 2015 (c.2), section 51.

[^f00164]: 1937 c.37. The Act was relevantly amended by the Education (Scotland) Act 1962 (c.47), section 139; the Children and Young Persons Act 1963 (c.37), section 64 and Schedules 3 and 5; the 1975 Act, section 289G; the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 7; the Employment Act 1989 (c.38), section 10 and Schedule 3; and S.I. 1998/276 and S.S.I. 2000/149.

[^f00165]: 1963 c.37. Section 40 was amended by the 1975 Act, sections 289F and 289G and by S.I. 1998/276.

[^f00166]: 1982 c.45. Section 50 was amended by the 1975 Act, section 289G.

[^f00167]: 1995 c.36. Section 81 was repealed by the Children’s Hearings (Scotland) Act 2011 (asp 1), schedule 6, paragraph 1.

[^f00168]: 2011 asp 1.

[^f00169]: 2012 asp 1.

[^f00170]: 1959 c.37. The Act was relevantly amended by the Restrictions of Offensive Weapons Act 1961 (c.2), section 1; the Criminal Procedure (Scotland) Act 1975 (c.21), sections 289E and 289G; the Criminal Justice Act 1982 (c.48), sections 35 and 46; and the Criminal Justice Act 1988 (c.33), section 46 and Schedule 8, paragraph 16.

[^f00171]: 1979 c.2. Section 50 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289F and 289G; the Police and Criminal Evidence Act 1984 (c.60), section 114(1); the Finance Act 1988 (c.33), section 12; the Criminal Justice Act 2003 (c.44), section 293; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17; the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), section 111; and S.I. 1996/2686.

[^f00172]: 1988 c.33. The Act was relevantly amended by the Offensive Weapons Act 1996 (c.26) (“the 1996 Act”), section 6; the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (“the 2006 Act”), section 75; the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”), section 60 and schedule 5; and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 36.

[^f00173]: 1995 c.39. The Act was relevantly amended by the 1996 Act (c.26), section 2; the 2006 Act, section 7; the 2007 Act, section 63; and the 2010 Act, section 37.

[^f00174]: 1911 c.28. The Act was relevantly amended by the Official Secrets Act 1920 (c.75), Schedules 1 and 2; the Atomic Energy Authority 1954 (c.32), section 6; the Nuclear Installations Act 1965 (c.7), Schedule 1, paragraph 3; the Criminal Law Act 1967 (c.58), Schedule 3; the Criminal Law Act (Northern Ireland) 1967 (c.18), Schedule 2; the European Communities Act 1972 (c.68), section 11(2); the Civil Aviation Act 1982 (c.16), section 18; the Telecommunications Act 1984 (c.12), section 109 and Schedules 4 and 5; the Official Secrets Act 1989 (c.6), section 16(4), Schedule 2; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 17, paragraph 1; and S.I. 1972/971.

[^f00175]: 1920 c.75. The Act was amended by the Official Secrets Act 1939 (c.121), section 1; the Criminal Procedure (Scotland) Act 1975 (c.21), sections 221 and 289B; the Schedule to the Forgery and Counterfeiting Act 1981 (c.45); the Interception of Communications Act 1985 (c.56), section 114; the Official Secrets Act 1989 (c.6), section 11; and the Postal Services Act 2000 (c.26), Schedule 9, paragraph 1.

[^f00176]: 1989 c.6. The Act was relevantly amended as follows. Section 4 was amended by the Intelligence Services Act 1994 (c.13), Schedule 4, paragraph 4 and the Regulation of Investigatory Powers Act 2000 (c.23), Schedule 4, paragraph 5. Section 12 was amended by the Reserve Forces Act 1996 (c.14), Schedule 10, paragraph 22; the Government of Wales Act 1998 (c.38). Schedule 12, paragraph 30 the Scotland Act 1998 (c.46), Schedule 8, paragraph 26; the Northern Ireland Act 1998 (c.47), Schedule 13; the Police (Northern Ireland) Act 2000 (c.32), Schedule 6, paragraph 9; the Energy Act 2004 (c.20), Schedule 14, paragraph 6; the Serious Organised Crime and Police Act 2005 (c.15) (“the 2005 Act”), Schedule 4, paragraph 58; the Government of Wales Act 2006 (c.32), Schedules 10 and 12; and the Crime and Courts Act 2013 (c.22), Schedule 8, paragraph 36.

[^f00177]: 1989 c.45. Section 41 was amended by the Criminal Justice and Public Order Act 1994 (c.33), section 153 and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 34.

[^f00178]: 2002 c.29.

[^f00179]: Part 7 was amended by the 2005 Act, sections 102 to 106 and Schedule 17; the Crime and Courts Act 2013 (c.22), Schedule 8; the Serious Crime Act 2015 (c.9), section 37; S.I. 2006/308; and S.I. 2007/3398.

[^f00180]: Part 8 was relevantly amended as follows. Section 342 was amended by the Serious Crime Act 2007 (c.27) (“the 2007 Act”), Schedule 10; the Coroners and Justice Act 2009 (c.25), Schedule 19, paragraph 9; and S.I. 2007/3398.

[^f00181]: Section 453A was inserted by the 2007 Act, section 81 and amended by the Policing and Crime Act 2009 (c.26), Schedule 7, paragraph 94.

[^f00182]: S.I. 2013/2605.

[^f00183]: S.I. 2015/206.

[^f00184]: 1995 c.39.

[^f00185]: Section 7 was amended by the Sexual Offences (Scotland) Act 2009 (asp 9) (“the 2009 Act”), schedule 6, paragraph 1.

[^f00186]: Section 9 was amended by the 2009 Act, schedule 5, paragraph 1 and by the 2010 Act, schedule 4, paragraph 11.

[^f00187]: Section 11 was amended by the 2010 Act, section 45.

[^f00188]: Section 13 was amended by the 2009 Act, schedules 5 and 6 and by the 2010 Act, section 45.

[^f00189]: 2007 asp 11.

[^f00190]: 1986 c.64.

[^f00191]: Sections 3, 4, 4A and 5 were amended by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 17.

[^f00192]: Section 4A was inserted by the Criminal Justice and Public Order Act 1994 (c.33), section 154.

[^f00193]: Section 5 was amended by the Crime and Courts Act 2013 (c.22), section 57.

[^f00194]: Sections 18, 20, 21, 22 and 23 were amended by the Broadcasting Act 1990 (c.42), sections 164 and 203 and Schedule 21.

[^f00195]: Sections 29B, 29C, 29D, 29E, 29F and 29G were inserted by the Racial and Religious Hatred Act 2006 (c.1), Schedule 1, paragraph 1 and amended by the Criminal Justice and Immigration Act 2008 (c.4), Schedules 16 and 28.

[^f00196]: 1988 c.52.

[^f00197]: Sections 1 and 2 were substituted by the Road Traffic Act 1991 (c.40), section 1.

[^f00198]: Section 1A was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10), section 143(2).

[^f00199]: Section 2B was inserted by the Road Safety Act 2006 (c.49), section 20.

[^f00200]: Section 3ZB was inserted by the 2006 Act, section 21 and was amended by the Criminal Justice and Courts Act 2015 (c.2), Schedule 6.

[^f00201]: Section 3ZC and 3ZD were inserted by the 2015 Act, section 29.

[^f00202]: Section 3A was inserted by the Road Traffic Act 1991 (c.40) (“the 1991 Act”), section 3 and amended by the Road Safety Act 2006 (c.49), section 31 and by the Criminal Justice and Courts Act 2015 (c.2), Schedule 22, paragraph 2.

[^f00203]: Section 4(1) was amended by the 1991 Act, section 4 and (in relation to Scotland) by the Serious Organised Crime and Police Act 2005 (c.15) (“the 2005 Act”), Schedule 7, paragraph 27(4).

[^f00204]: 2009 asp 9.

[^f00205]: 1980 c.46. The Act was relevantly amended as follows. Section 26 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) (“the 1985 Act”), section 56 and Schedule 1, paragraph 4; the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) (“the 1990 Act”), Schedule 8, paragraph 29; the Legal Services (Scotland) Act 2010 (asp 16) (“the 2010 Act”), sections 123 and 125; and by S.S.I. 2000/121 and S.S.I. 2004/382. Section 27 was repealed by the 1990 Act, Schedule 9. Section 28 was amended by the 1985 Act, section 56 and Schedule 1, paragraph 6; and by S.S.I. 2000/121 and S.S.I. 2004/383. Section 31 was amended by the 1985 Act, section 56 and Schedule 1, paragraph 8; the 1990 Act, Schedule 9; the 2010 Act, section 123; and by S.S.I. 2000/121 and S.S.I. 2004/382. Section 32 was amended by the 1985 Act, section 56 and Schedule 1, paragraph 9; the Solicitors (Scotland) Act 1988 (c.42), section 6 and Schedule 1, paragraph 7; the 1990 Act, section 74 and Schedule 8, paragraph 29; the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), schedule 4, paragraph 7; the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), section 61; the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), section 7; the 2010 Act, section 123; and by S.S.I. 2000/121 and S.S.I. 2004/382. Section 64CB was inserted by S.I. 2003/1398.

[^f00206]: 2000 c.11.

[^f00207]: Section 19 was amended by the Anti-terrorism, Crime and Security Act 2001 (c.24) (“the 2001 Act”), Schedule 2, paragraph 5; the 2005 Act, Schedule 4, paragraph 126; the Counter-Terrorism Act 2008 (c.28), section 77; and the Crime and Courts Act 2013 (c.22) (“the 2013 Act”), Schedule 8, paragraph 68.

[^f00208]: Section 21A was inserted by the 2001 Act, Schedule 2, paragraph 5 and was amended by the 2005 Act, Schedule 4, paragraph 128; the 2013 Act, Schedule 8, paragraph 72 and S.I. 2007/3398.

[^f00209]: Section 21D was inserted by S.I. 2007/3398 and has been amended by the 2013 Act, Schedule 8, paragraph 75.

[^f00210]: Section 38B was inserted by the 2001 Act, section 117.

[^f00211]: Section 39 was amended by S.I. 2007/3398.

[^f00212]: Paragraph 18 was amended by S.I. 2011/1938.

[^f00213]: 2008 c.28.

[^f00214]: Paragraph 30A was inserted by the Terrorist Asset-Freezing etc. Act 2010 (c.38), section 50(3).

[^f00215]: 1966 c.36.

[^f00216]: Section 19 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) (“the 1975 Act”), section 289B; the Criminal Law Act 1977 (c.45) (“the 1977 Act”), Schedule 13; and the Animals (Scientific Procedures) Act 1986 (c.14), section 27 and Schedule 3, paragraph 5.

[^f00217]: Section 20 was amended by the 1975 Act, section 289B; and the 1977 Act, Schedule 13.

[^f00218]: 1982 c.45.

[^f00219]: Section 57 was amended by the 1975 Act, section 289G.

[^f00220]: Section 56 was amended by the 1975 Act, section 289G and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 24 and schedules 2 and 5.

[^f00221]: Section 60 was amended by the 1975 Act, section 289G and the Crime and Disorder Act 1998 (c.37), section 24.

[^f00222]: 1984 c.58. Section 22 was amended by the Housing (Scotland) Act 1988 (c.43), section 38.

[^f00223]: 2000 c.26.

[^f00224]: 2005 c.15.

[^f00225]: Section 129 was amended by the Terrorism Act 2000 (c.11), section 12.

[^f00226]: Section 146 was amended by the Charities Act 2011 (c.25), Schedule 7, paragraph 103.

[^f00227]: 2009 asp 8.

[^f00228]: S.S.I. 2010/383.

[^f00229]: S.S.I. 2010/167, to which there are no relevant amendments.

Editorial notes

[^key-8f0a674b7f4e1b86a0be0d0cac301a2b]: Order revoked (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 12