2013 No. 602
The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
Made
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1), 113(2), (3), (4) and (5) and 114(1) of the Scotland Act 19981.
In accordance with section 115(1) of, and paragraphs 1, 2, 3 and 5(1) of Schedule 72 to, that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
PART 1PRELIMINARY
Citation, commencement and extent1
1
This Order may be cited as the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.
2
This Order comes into force on 1st April 2013.
3
Subject to paragraphs (4) to (8), the provisions of this Order extend to the whole of the United Kingdom.
4
Articles 3 to 14 and 24 extend to Scotland only.
5
The modifications specified in Schedule 1 (and article 25 in so far as it relates to those modifications) have the same extent as the provisions being modified, except that the modifications do not extend to Scotland.
6
Subject to paragraph (7), the modifications specified in Schedule 2 (and article 26 in so far as it relates to those modifications) have the same extent as the provisions being modified.
7
The modifications specified in paragraphs 65, 66, 73, 74(2) and 76 of Schedule 2 (and article 26 in so far as it relates to those modifications) extend to Scotland only.
8
In Schedule 3—
a
paragraphs 1 to 11 and 13 to 18 (and article 27 in so far as it relates to those paragraphs) have the same extent as the provisions to which they relate; and
b
paragraphs 12 and 19 (and article 27 in so far as it relates to those paragraphs) extend to Scotland only.
Interpretation2
In this Order—
“1967 Act” means the Police (Scotland) Act 19673;
“1968 Act” means the Firearms Act 19684;
“1987 Act” means the Ministry of Defence Police Act 19875;
“1988 Act” means the Firearms (Amendment) Act 19886;
“1996 Act” means the Police Act 19967;
“2000 Act” means the Regulation of Investigatory Powers Act 20008;
“2004 Act” means the Fire and Rescue Services Act 20049;
“2005 Act” means the Fire (Scotland) Act 200510;
“2006 Order” means the Fire and Rescue Services (Northern Ireland) Order 200611;
“2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 200612;
“2012 Act” means the Police and Fire Reform (Scotland) Act 201213;
“2004 Act authority” means—
“2004 Act function” means a function conferred by or under any of sections 7 to 9 and 11 of the 2004 Act;
“board function” means a function conferred by or under any of articles 5 to 8 of the 2006 Order;
“customs revenue functions” has the meaning given in section 7(9) of the Borders, Citizenship and Immigration Act 200916;
“customs revenue official” means a person designated by the Director of Border Revenue under section 11 of the Borders, Citizenship and Immigration Act 2009;
“Director of Border Revenue” means the official designated by the Secretary of State under section 6 of the Borders, Citizenship and Immigration Act 2009;
“enforcement functions” includes, in particular, reference to—
- a
powers of entry;
- b
power to search persons or property;
- c
power to seize or detain property;
- d
power to arrest persons;
- e
power to detain persons; and
- f
powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data);
- a
“fire and rescue officer” has the meaning given by article 2(2) of the 2006 Order;
“general customs functions” has the meaning given in section 1(8) of the Borders, Citizenship and Immigration Act 200917;
“general customs official” means a person designated by the Secretary of State under section 3 of the Borders, Citizenship and Immigration Act 2009;
“immigration officer” means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 197118;
“Northern Ireland Board” means the Northern Ireland Fire and Rescue Service Board;
“Scottish chief officer” means a chief constable of a police force maintained under section 2 of the 1967 Act.
“SFRS” means the Scottish Fire and Rescue Service;
“SFRS function” means a function conferred by or under any of sections 9 to 11 and 13 of the 2005 Act;
“SOCA” means the Serious Organised Crime Agency;
“the Commissioner” means the Police Investigations and Review Commissioner; and
“the relevant day” is the day on which this Order comes into force.
PART 2POLICE
Agreements to investigate serious incidents3
1
The Commissioner and the British Transport Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the British Transport Police Force, on any serious incident involving the British Transport Police Force.
2
A “serious incident involving the British Transport Police Force” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act19 except that “a person serving with the police” means a constable of the British Transport Police Force and any other persons specified in the agreement who serve with that Force or who are employed by the British Transport Police Authority.
3
The Commissioner and the Civil Nuclear Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the Civil Nuclear Constabulary, on any serious incident involving the Civil Nuclear Constabulary.
4
A “serious incident involving the Civil Nuclear Constabulary” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Civil Nuclear Constabulary and any other persons specified in the agreement who serve with that Constabulary or who are employed by the Civil Nuclear Police Authority.
5
The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the chief constable of the Ministry of Defence Police, on any serious incident involving the Ministry of Defence Police.
6
A “serious incident involving the Ministry of Defence Police” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Ministry of Defence Police.
7
The Commissioner and SOCA may enter into an agreement for the Commissioner to investigate and report, where requested to do so by SOCA, on any serious incident involving SOCA.
8
A “serious incident involving SOCA” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the staff of SOCA.
9
The Commissioner and the Commissioners for Her Majesty’s Revenue and Customs may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the Commissioners for Revenue and Customs, on any serious incident involving Her Majesty’s Revenue and Customs.
10
A “serious incident involving Her Majesty’s Revenue and Customs” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an officer of Revenue and Customs, but only when acting in the exercise of such enforcement functions as may be specified in an agreement made under paragraph (9).
11
The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on any serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum.
12
A “serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum, but only when acting in the exercise of such enforcement functions as may specified in an agreement made under paragraph (11).
13
An agreement made under paragraph (11) of this article must not establish and maintain procedures in relation to complaints about the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 199920.
14
The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on a serious incident involving a general customs official.
15
A “serious incident involving a general customs official” has the same meaning as in section 41B of the 2006 Act except that “a person serving with the police” means a general customs official or any other person exercising general customs functions under the authority of the Secretary of State or the Director of Border Revenue, but only when acting in the exercise of such enforcement functions as may be specified in an agreement under paragraph (14).
16
The Commissioner and the Director of Border Revenue may enter into an agreement for the Commissioner to investigate and report on a serious incident involving a customs revenue official.
17
A “serious incident involving a customs revenue official” has the same meaning as in section 41B of the 2006 Act except that “a person serving with the police” means a customs revenue official or any other person exercising customs revenue functions under the authority of the Director of Border Revenue, but only when acting in the exercise of such enforcement functions as may be specified in an agreement made under paragraph (16).
18
An agreement made under this article is not to be made, varied or terminated without the approval of—
a
the Scottish Ministers in a case where—
i
the Secretary of State is a party to the agreement; or
ii
the agreement is made under paragraph (9); and
b
in all other cases, the Secretary of State and the Scottish Ministers.
19
Where the Commissioner enters into an agreement under this article, for the purposes of section 33A of the 2006 Act21the Commissioner is to be regarded as having the functions set out in the agreement.
20
An agreement made under this article—
a
may specify types or categories of serious incident which may or may not be investigated and reported on by the Commissioner;
b
may make different provision for different purposes or circumstances;
c
include provision for payment to the Commissioner for any function which the Commissioner may exercise under it;
d
may make provision only in relation to Scotland.
Investigation of crimes and deaths4
For the purposes of section 33A(b) of the 2006 Act, a person serving with the police includes—
a
a constable of the British Transport Police Force, any person serving with that Force and any person employed by the British Transport Police Authority;
b
a member of the Civil Nuclear Constabulary, any person serving with that Constabulary and any person employed by the Civil Nuclear Police Authority;
c
a member of the Ministry of Defence Police;
d
a member of the staff of SOCA;
e
an officer of Revenue and Customs, but only when acting in the exercise of enforcement functions;
f
a general customs official and any other person exercising general customs functions under the authority of the Secretary of State or the Director of Border Revenue, but only when acting in the exercise of enforcement functions;
g
a customs revenue official and any other person exercising customs revenue functions under the authority of the Director of Border Revenue, but only when acting in the exercise of enforcement functions;
h
an immigration officer and an official of the Secretary of State exercising functions relating to asylum and immigration, but only when acting in the exercise of enforcement functions.
Assistance by British Transport Police Force to Police Service of Scotland5
1
The chief constable of the British Transport Police Force may provide constables or other assistance for the purposes of enabling the Police Service of Scotland to meet any special demand on its resources.
2
Such assistance—
a
may be provided at the request of the chief constable of the Police Service of Scotland;
b
must be provided if the Secretary of State, on being satisfied that it is expedient in the interests of public safety that the Police Service of Scotland should be reinforced or should receive other resources for the purposes of enabling it to meet any special demand on its resources, so directs.
3
Assistance is to be provided on such terms as may be agreed between the British Transport Police Authority and the Scottish Police Authority (including terms for meeting the costs of such assistance) or, failing such agreement, on such terms as may be determined by the Secretary of State and the Scottish Ministers (acting jointly).
4
A constable providing assistance in pursuance of this article—
a
is under the direction and control of the chief constable of the Police Service of Scotland;
b
has all the functions conferred on a constable of the Police Service of Scotland; and
c
has all the powers and privileges of a constable serving with the Police Service of Scotland.
5
Section 24 of the 2012 Act applies in relation to a constable providing assistance under this article as it applies in relation to a constable engaged on service with the Police Service of Scotland.
Assistance by Police Service of Scotland to British Transport Police Force6
1
The chief constable of the Police Service of Scotland may, at the request of the chief constable of the British Transport Police Force, provide constables or other assistance for the purposes of enabling the British Transport Police Force to meet any special demand on its resources.
2
Assistance is to be provided on such terms as may be agreed between the Scottish Police Authority and the British Transport Police Authority (including terms for meeting the costs of such assistance) or, failing such agreement, on such terms as may be determined by the Secretary of State and the Scottish Ministers (acting jointly).
3
A constable providing assistance in pursuance of this article—
a
is under the direction and control of the chief constable of the British Transport Police Force;
b
has all the functions conferred on a constable of that Force; and
c
has all the powers and privileges of a constable serving with that Force.
4
The chief constable of the British Transport Police Force, and the British Transport Police Authority, are liable in respect of unlawful conduct of a constable providing assistance in pursuance of this article to the same extent as they are liable for the unlawful conduct of a constable of the British Transport Police Force.
Liability for unlawful conduct of member of Ministry of Defence Police7
Section 24 of the 2012 Act applies in relation to a member of the Ministry of Defence Police providing assistance to the Police Service of Scotland in pursuance of section 2A of the 1987 Act22 as it applies to a constable engaged on service with the Police Service of Scotland.
Collaboration agreements8
1
If it appears to the chief constables of two or more relevant police forces that any of those forces’ functions can be discharged more effectively by constables of those forces acting jointly, they may, with the approval of the relevant police authorities for those forces, make an agreement for that purpose.
2
If it appears to two or more relevant police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the relevant police forces they maintain, they may make an agreement for that purpose.
3
Any expenditure incurred under an agreement made under paragraph (1) or (2) is to be borne by the relevant police authorities in such proportions as they may agree.
4
Failing an agreement made under paragraph (3), the expenditure incurred under an agreement made under paragraph (1) or (2) is to be borne by the relevant police authorities in such proportions as may be determined by—
a
where the relevant police authorities include the Scottish Police Authority, the Scottish Ministers and the Secretary of State (acting jointly);
b
in any other case, the Secretary of State.
5
The Secretary of State may direct—
a
the chief constable of the British Transport Police Force or the British Transport Police Authority;
b
the chief constable of the Civil Nuclear Constabulary or the Civil Nuclear Police Authority; or
c
the chief constable of the Ministry of Defence Police,
to seek to enter into an agreement under this article for such purposes, and on such terms, as may be specified in the direction.
6
In this article—
“relevant police authority” means—
- a
in relation to the Police Service of Scotland, the Scottish Police Authority;
- b
in relation to the British Transport Police Force, the British Transport Police Authority;
- c
in relation to the Civil Nuclear Constabulary, the Civil Nuclear Police Authority;
- d
in relation to the Ministry of Defence Police, the Secretary of State;
- a
“relevant police force” means—
- a
the Police Service of Scotland;
- b
the British Transport Police Force;
- c
the Civil Nuclear Constabulary;
- d
the Ministry of Defence Police.
- a
1Causing disaffection9
1
It is an offence—
a
to cause disaffection amongst the members of a relevant police force; or
b
to induce a member of a relevant police force to withhold services.
2
A person who is guilty of an offence under paragraph (1) is liable—
a
on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
3
A person convicted of an offence under paragraph (1) is disqualified from being and from ever becoming a member of a relevant police force.
4
A “member of a relevant police force” means—
a
a constable of the Police Service of Scotland;
b
a member of the British Transport Police Force;
c
a member of the Civil Nuclear Constabulary.
Offences: extension for other police forces10
1
Sections 90 and 91 of the 2012 Act apply in relation to the following persons as they apply in relation to a person acting as a constable of the Police Service of Scotland—
a
a member of the Civil Nuclear Constabulary who—
i
is exercising any of the powers and privileges conferred on that member by section 56 of the Energy Act 200423; or
ii
is otherwise performing duties under the direction and control of the chief constable of the Civil Nuclear Constabulary or as an employee of the Civil Nuclear Police Authority;
b
a member of the Ministry of Defence Police who—
i
is exercising any of the powers and privileges conferred on that member by section 2 of the 1987 Act24;
ii
is otherwise performing duties under the direction and control of the chief constable of the Ministry of Defence Police; or
iii
is exercising any of the powers and privileges conferred on that member by section 2A(2)(b) of the 1987 Act.
2
Section 92 of the 2012 Act has effect in relation to the Civil Nuclear Constabulary as if—
a
references in that section to a constable included references to a member of that Constabulary;
b
references in that section to police uniform included references to the uniform of that Constabulary; and
c
references in that section to acting without the permission of the Scottish Police Authority were omitted.
2Grants for safeguarding national security11
1
The Secretary of State or the Scottish Ministers may make grants to the Scottish Police Authority in connection with safeguarding national security.
2
Grants may be made subject to conditions.
3
The Secretary of State may exercise powers under this article only with the consent of the Treasury.
Independent custody visiting12
1
2
Arrangements made by the Scottish Police Authority under section 94(1) of the 2012 Act may—
a
authorise independent custody visitors to listen to the audio recordings and view the video recordings (with or without sound) of any interview with a person detained under section 41 of the Terrorism Act 2000 which has been conducted by a constable while the person has been detained;
b
provide that access to the whole or part of an audio or video recording of such an interview is to be denied to independent custody visitors if—
i
it appears to a constable of the rank of inspector (or above) that there are grounds for denying access at the time it is requested;
ii
those grounds are grounds which are specified for the purposes of head (i) in the arrangements; and
iii
any other procedural requirements imposed by the arrangements in relation to denial of access to such recordings are met.
3
Grounds are not to be specified for the purposes of paragraph (2)(b)(i) unless they are grounds for the time being set out for the purposes of this article in the guidance issued by the Secretary of State under paragraph (4).
4
The Secretary of State may issue guidance about independent custody visiting in relation to persons detained under section 41 of the Terrorism Act 2000, and the Scottish Police Authority and members of its staff, the Police Service of Scotland and police staff and independent custody visitors must have regard to any such guidance.
5
Before issuing guidance, the Secretary of State must consult—
a
the Scottish Police Authority;
b
the chief constable of the Police Service of Scotland;
c
independent custody visitors or such persons as appear to the Secretary of State to be representative of independent custody visitors;
d
the Scottish Ministers; and
e
such other persons as the Secretary of State considers appropriate.
6
The Secretary of State must lay a copy of the guidance issued before Parliament.
7
Arrangements made by the Scottish Police Authority under section 95(1) of the 2012 Act may allow access to a detainee to be refused where—
a
there are urgent and compelling grounds of national defence in the place to be visited that temporarily prevent the carrying out of such a visit; and
b
the Scottish Ministers have notified the Authority that such grounds exist and that access should accordingly be refused.
8
For the purposes of paragraph (7) above and section 95(4)(b) of the 2012 Act, the Scottish Ministers must not invoke a declared state of emergency as the sole reason to notify the Authority that access is to be refused.
Provision of goods and services13
The functions conferred by subsections (1), (3) and (5) of section 87 of the 2012 Act are exercisable in or as regards places outwith Scotland.
2Pensions: special constables and police cadets14
1
Regulations under section 48 of the 2012 Act may make provision relating to the payment of pensions and other benefits to or in respect of—
a
special constables appointed under section 9 of the 2012 Act; or
b
police cadets appointed under section 25 of the 2012 Act.
2
Before making regulations relating to the payment of pensions and other benefits, the Scottish Ministers must consult the Police Negotiating Board for the United Kingdom.
3
For the purposes of paragraph (1), regulations under section 48 of the 2012 Act may—
a
apply, subject to such modifications as may be prescribed by the regulations, any provisions made by or under any enactment relating to the pensions and other benefits payable to or in respect of constables;
b
be framed so as to have effect as from a date earlier than the making of the regulations.
4
Section 54(2) of the 2012 Act does not apply in respect of provision made in relation to this article.
PART 3FIRE AND RESCUE SERVICES
Provision of cross-border assistance by SFRS15
1
SFRS and a 2004 Act authority may enter into arrangements for the provision by SFRS of assistance in England or Wales to a 2004 Act authority in the carrying out of a 2004 Act function.
2
SFRS and the Northern Ireland Board may enter into arrangements for the provision by SFRS of assistance in Northern Ireland to the Board in the carrying out of a board function.
Cross-border delegation of functions to SFRS16
1
SFRS and a 2004 Act authority may enter into arrangements for the carrying out to any extent by SFRS in England and Wales of a 2004 Act function.
2
SFRS and the Northern Ireland Board may enter into arrangements for the carrying out to any extent by SFRS in Northern Ireland of a board function.
Powers of SFRS employee in England and Wales17
1
This article applies where by virtue of article 15(1) or 16(1) SFRS is carrying out a 2004 Act function in England or Wales.
2
Section 44 of the 2004 Act (powers of fire-fighters etc. in an emergency etc.)27 applies in relation to an employee of SFRS who is authorised for the purposes of section 25 of the 2005 Act (powers of authorised employees in relation to emergencies)28 as if the employee were authorised for the purposes of section 44 of the 2004 Act.
3
Sections 45 and 46 of the 2004 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires) apply in relation to an employee of SFRS who is authorised for the purposes of section 27 or 29 of the 2005 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires respectively)29 as if the employee were an authorised officer (as defined in section 45(2) of the 2004 Act).
Powers of SFRS employee in Northern Ireland18
1
This article applies where by virtue of article 15(2) or 16(2) SFRS is carrying out a board function in Northern Ireland.
2
Article 18 of the 2006 Order (powers of fire and rescue officers in emergency etc.) applies in relation to an employee of SFRS who is authorised for the purposes of section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) as if the employee were a fire and rescue officer.
3
Articles 19, 20 and 22 of the 2006 Order (which make provision in relation to the powers of authorised officers in relation to obtaining information, securing premises and offences) apply in relation to an employee of SFRS who is authorised for the purposes of section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) as if the employee were an authorised officer (as defined in Article 19(2) of the 2006 Order) subject to the modification in paragraph (4).
4
The modification is that Article 20(3) of the 2006 Order applies as if the reference to authorisation under Article 19(2) were a reference to authorisation under section 27 of the 2005 Act.
5
Articles 20 to 22 of the 2006 Order (which make provision in relation to the powers of authorised officers in relation to investigating fires, securing premises and offences) apply in relation to an employee of SFRS who is authorised for the purposes of section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) as if the employee were an authorised officer (as defined in Article 19(2) of the 2006 Order) subject to the modification in paragraph (6).
6
The modification is that Article 20(3) of the 2006 Order applies as if the reference to authorisation under Article 19(2) were a reference to authorisation under section 29 of the 2005 Act.
Provision of cross-border assistance to SFRS19
1
SFRS and a 2004 Act authority may enter into arrangements for the provision by the 2004 Act authority of assistance in Scotland to SFRS in the carrying out of an SFRS function.
2
SFRS and the Northern Ireland Board may enter into arrangements for the provision by the board of assistance in Scotland to SFRS in the carrying out of an SFRS function.
Cross-border delegation of functions by SFRS20
1
SFRS and a 2004 Act authority may enter into arrangements for the carrying out to any extent by a 2004 Act authority in Scotland of an SFRS function.
2
SFRS and the Northern Ireland Board may enter into arrangements for the carrying out to any extent by the board in Scotland of an SFRS function.
Powers of 2004 Act authority employee in Scotland21
1
This article applies where by virtue of article 19(1) or 20(1) an employee of a 2004 Act authority is carrying out an SFRS function in Scotland.
2
Section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of section 44 of the 2004 Act (powers of fire-fighters etc. in an emergency etc.) as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 25(1) of the 2005 Act).
3
Section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of sections 45 and 46 of the 2004 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires) as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 27(1) of the 2005 Act).
4
Section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of sections 45 and 46 of the 2004 Act as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 29(1) of the 2005 Act).
Powers of Northern Ireland Board employee in Scotland22
1
This article applies where by virtue of article 19(2) or 20(2) the Northern Ireland Board is carrying out an SFRS function in Scotland.
2
Section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) applies in relation to a fire and rescue officer who is entitled to exercise the powers in Article 18 of the 2006 Order (powers of fire and rescue officers in an emergency etc.) as if the fire and rescue officer were an authorised employee (within the meaning of section 25(1) of the 2005 Act).
3
Section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) applies in relation to a fire and rescue officer who is an authorised officer (as defined in Article 19(2) of the 2006 Order) as if the fire and rescue officer were an authorised employee (within the meaning of section 27(1) of the 2005 Act).
4
Section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) applies in relation to a fire and rescue officer who is an authorised officer (as defined in Article 19(2) of the 2006 Order) as if the fire and rescue officer were an authorised employee (within the meaning of section 29(1) of the 2005 Act).
Arrangements under articles 15, 16, 19 and 20: terms23
Arrangements under articles 15, 16, 19 and 20 may include provision as to the terms (including terms as to payment) on which any function to which the arrangements relate is to be carried out.
Offences24
1
Sections 1, 3 and 4 of the Emergency Workers (Scotland) Act 2005 (assaulting or impeding providers of emergency services, persons assisting providers and supplementary provisions)30 apply in relation to the following persons as they apply in relation to a person acting in a capacity mentioned in section 1(3)(b) of that Act—
a
a person acting in the capacity of an employee of a 2004 Act authority providing assistance under arrangements made by virtue of article 19(1) or 20(1);
b
a person acting in the capacity of a fire and rescue officer providing assistance under arrangements made by virtue of article 19(2) or 20(2).
2
A person guilty of an offence by virtue of paragraph (1) is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both.
PART 4CONSEQUENTIAL AND TRANSITIONAL PROVISION
Extension of modifications of enactments made by 2012 Act25
The modifications specified in Schedule 1 have effect.
Modifications of enactments26
The modifications specified in Schedule 2 have effect.
Transitional and savings provision27
Schedule 3 (transitional and savings provisions) has effect.
SCHEDULE 1EXTENSION OF MODIFICATIONS OF ENACTMENTS MADE BY 2012 ACT
Pensions (Increase) Act 1971
1
In paragraph 44 of Schedule 2 to the Pensions (Increase) Act 197131 (official pensions), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.
Health and Safety at Work etc. Act 1974
2
In section 51A of the Health and Safety at Work etc. Act 1974 (application of Part to police)32—
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”.
Road Traffic Regulation Act 1984
3
In section 87(1) of the Road Traffic Regulation Act 1984 (exemption of fire brigade, ambulance and police vehicles from speed limits)33, for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.
Criminal Justice and Public Order Act 1994
4
1
The Criminal Justice and Public Order Act 199434 is amended as follows.
2
In section 102(5) (arrangements for the provision of prisoner escorts)35, 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)36—
a
in subsection (3), after ‘area’ insert “or, in Scotland, the local commander designated for the local authority’s area”; and
b
in subsection (4)—
i
omit the definition of “chief officer of police”; and
ii
after the definition of “local authority” insert—
“local commander” has the meaning given by section 44 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);
Police Act 1996
5
1
The Police Act 199637 is amended as follows.
2
In section 59(2) (police federations)38, for “section 26(2A) of the Police (Scotland) Act 1967” substitute “under section 48 of the Police and Fire Reform (Scotland) Act 2012 in so far as relating to the matters described in section 52 of that Act,”.
3
In section 60(2) (regulations for police federations)39—
a
in paragraph (c), for “police authorities” substitute “the Scottish Police Authority”;
b
in paragraph (d), for “police authorities” substitute “the Scottish Police Authority”; and
c
in paragraph (e), for “26 of the Police (Scotland) Act 1967” substitute “48 of the Police and Fire Reform (Scotland) Act 2012”.
4
Omit section 61(6).
5
In section 62(1A)(a) (functions of the Board with respect to regulations)40, for “26 or 27 of the Police (Scotland) Act 1967” substitute “48 of the Police and Fire Reform (Scotland) Act 2012”.
6
In section 62(3) (functions of the Board with respect to regulations)41, omit “, section 27 of the Police (Scotland) Act 1967”.
7
In section 63 (Police Advisory Boards for England and Wales and for Scotland)—
a
in subsection (1)—
i
omit “and a Police Advisory Board for Scotland”; and
ii
omit “in those countries respectively”; and
b
in subsection (2)42, for “each of the Police Advisory Boards” substitute “the Police Advisory Board for England and Wales”.
8
Omit section 64(4E) and (4F)43.
9
In section 99(1) (jurisdiction of metropolitan police officers)44, for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.
Police Act 1997
6
1
The Police Act 199745 is amended as follows.
2
In section 93 (authorisations to deal with property etc.)—
a
in subsection (3)46—
i
after paragraph (za)47 insert—
zb
if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;
ii
in paragraph (a)48, for “(5)(d) to” substitute “(5)(e),”;
iii
after paragraph (e)49 insert—
ea
if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.
b
after subsection (3A)50 insert—
3ZA
An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.
c
in subsection (5)51—
i
for paragraph (d) substitute—
d
the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;
ii
after paragraph (i) insert—
ia
the Police Investigations and Review Commissioner;
d
in subsection (6)(b)52, for the words from “of” to “maintained” substitute “or (ia) of subsection (5), means Scotland”.
3
In section 94 (authorisations given in absence of authorising officer)—
a
in subsection (1)(b53), for “, (c) or (d)” substitute “or (c)”;
b
in subsection (2)54, after paragraph (g) insert—
ga
where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.
4
In section 95 (authorisations: form and duration etc.)55, in subsection (6), for “or (e),” substitute “, (d), (e)”.
5
In section 105(3) (appeals)56, for “, (c) or (d)” substitute “or (c)”.
6
In section 107(4) (supplementary provisions relating to Commissioners)—
a
in paragraph (a)57, for “police authority” substitute “the Scottish Police Authority”;
b
after paragraph (b)58 insert—
bza
the functions of the Police Investigations and Review Commissioner under section 33A(b)(i) of the Police, Public Order and Criminal Justice (Scotland) Act 2006,
7
In section 126 (interpretation of Part 5)—
a
in the definition of “chief officer”59, for sub-paragraph (ii) substitute—
ii
the chief constable of the Police Service of Scotland, and
b
in the definition of “police authority”60, for sub-paragraph (i) substitute—
i
the Scottish Police Authority, and
Fire and Rescue Services Act 2004
7
1
The Fire and Rescue Services Act 200461 is amended as follows.
2
For subsection (10) of section 34 (pensions etc.)62 substitute—
10
In this section “Scottish fire authority”—
a
means the Scottish Fire and Rescue Service, and
b
except in subsections (2)(e) and (h), includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).
3
In subsection (6) of section 3563 (definitions for purpose of information in connection with pensions etc.), after the definition of “prescribed” add—
“Scottish fire authority”—
- a
means the Scottish Fire and Rescue Service, and
- b
in subsection (5) includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).
Gambling Act 2005
8
In section 157 of the Gambling Act 2005 (responsible authorities in relation to premises)64, for paragraph (f) substitute—
f
the Scottish Fire and Rescue Service,
Corporate Manslaughter and Corporate Homicide Act 2007
9
In section 6(2) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care for certain organisations in emergencies)65, for paragraph (b) substitute—
b
the Scottish Fire and Rescue Service;
SCHEDULE 2
PART 1MODIFICATIONS OF PUBLIC GENERAL ACTS
Light Railways Act 1896
1
In section 26(5) of the Light Railways Act 1896 (application to Scotland)66, omit “or police commissioners,”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
2
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities)67—
a
after the entry numbered 4 insert—
4A. Employee of the Scottish Police Authority
The Scottish Police Authority.
b
after the entry numbered 5 insert—
5A. Employee of the Scottish Fire and Rescue Service
The Scottish Fire and Rescue Service.
Superannuation (Miscellaneous Provisions) Act 1967
3
1In section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of police cadets)68, omit subsection (3).
Police (Scotland) Act 1967
4
In the Police (Scotland) Act 1967 omit—
a
section 26(2)(k) (special constables’ pensions)69;
b
section 27 (regulations for police cadets) insofar as not already repealed70;
c
section 32A (grants for expenditure on safeguarding national security)71; and
d
section 42 (causing disaffection)72.
Firearms Act 1968
5
1
The Firearms Act 1968 is modified as follows.
2
In section 42B(2) (permitted electronic means)73, for paragraph (c) substitute—
c
the chief constable of the Police Service of Scotland, and
3
In section 54(3) (application of Parts I and II to Crown Servants)74, omit paragraph (d).
4
In section 57(4) (interpretation), in paragraph (b) of the definition of “civilian officer”75, for “person” to second “police” substitute “member of police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012”.
5
In paragraph 5 of Schedule 1 (offences to which section 17(2) applies)76, for “section 41” to “duty)” substitute “section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police)”.
6
In paragraph 18 of Schedule 2 (offences to which sections 17(2) and 18 apply in Scotland), for “section” to “1967” substitute “section 90 of the Police and Fire Reform (Scotland) Act 2012.”.
Employers’ Liability (Compulsory Insurance) Act 1969
6
In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance)77, after “Metropolis” insert “, the Scottish Police Authority and the Scottish Fire and Rescue Service”.
Pensions (Increase) Act 1971
7
1
2Schedule 2 to the Pensions (Increase) Act 197178 (official pensions) is modified as follows.
2
In paragraph 15—
a
in sub-paragraph (b)—
i
after “1996” insert “had effect”;
ii
for “section 38A of the Police (Scotland) Act 1967 had effect” substitute “being temporary service outwith the Police Service of Scotland pursuant to section 15 of the Police and Fire Reform (Scotland) Act 2012”;
b
in sub-paragraph (ba), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “was engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;
c
in sub-paragraph (c), for “the Police (Scotland) Act 1967” substitute “Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012”;
d
in sub-paragraph (d), omit paragraph (ii); and
e
after sub-paragraph (d) insert—
; or
e
was a constable of the Police Service of Scotland—
i
serving as a staff officer of the inspectors of constabulary in accordance with arrangements made under section 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012; or
ii
engaged on service under the Crown, with the consent of the chief constable of the Police Service of Scotland, in connection with research or other services connected with the police provided by the Scottish Ministers.
3
In paragraph 43, for sub-paragraph (c) substitute—
c
section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.
Superannuation Act 1972
8
1
3The Superannuation Act 1972 is modified as follows.
2
In section 15(5) (members of police forces, special constables and police cadets)79—
a
after sub-paragraph (b) insert—
or
ba
regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (special constables and police cadets),
b
omit sub-paragraphs (c) and (d).
3
In Schedule 1 (kinds of employment), for the entry “Employment by the Police Complaints Commissioner for Scotland”80 substitute “Employment by the Police Investigations and Review Commissioner”.
Overseas Pensions Act 1973
9
In section 2 of the Overseas Pensions Act 1973 (superannuation schemes as respects certain overseas service by constables)81—
a
in subsection (2)(d) , for sub-paragraph (ii), substitute—
ii
a constable of the Police Service of Scotland engaged on temporary service of any of the kinds listed in subsection (2A), or
b
after that subsection, insert—
2A
The reference to temporary service in subsection (2)(d)(ii) is to any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—
a
service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom;
b
service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 194582 with the consent of the chief constable of the Police Service of Scotland;
c
service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 198083 with the consent of the chief constable of the Police Service of Scotland; or
d
service pursuant to appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 200284
House of Commons Disqualification Act 1975
10
1
The House of Commons Disqualification Act 1975 is modified as follows.
2
In section 1(3) (disqualification of holders of certain offices and places), in the definition of “police authority”85, for “or the Police (Scotland) Act 1967” substitute “, the Scottish Police Authority”.
3
In Part 3 of Schedule 1 (offices disqualifying for membership), omit “Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency.”86.
Northern Ireland Assembly Disqualification Act 1975
11
In section 1(2) of the Northern Ireland Assembly Disqualification Act 1975, in the definition of “police authority”87, for “or the Police (Scotland) Act 1967” substitute “, the Scottish Police Authority”.
Police Pensions Act 1976
12
1
5The Police Pensions Act 1976 is modified as follows.
2
Section 7(2) (payment of pensions and contributions) is modified as follows—
a
in paragraph (ba), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;
b
in paragraph (bb)88, omit the words “or, as the case may be, section 38A of the Police (Scotland) Act 1967”;
c
for paragraph (cg), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 200789, substitute—
cfa
a constable of the Police Service of Scotland engaged on any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—
i
service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;
ii
service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;
iii
service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 200290;
iv
service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 200291;
v
service as a member of staff of SOCA; or
vi
service in the Police Service of Northern Ireland;
cfb
a person (other than a constable of the Police Service of Scotland) who—
i
is serving as member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012; and
ii
immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above
d
omit paragraphs (ch), (ci), (cj) and (ck), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 200792.
3
In section 11 (interpretation)—
a
in subsection (1)—
i
in paragraph (aa), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;
ii
in paragraph (ab)93, omit the words “or, as the case may be, section 38A of the Police (Scotland) Act 1967”;
iii
for paragraph (bg), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 200794, substitute—
bfa
any of the following kinds of temporary service by a constable of the Police Service of Scotland in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—
i
service as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012;
ii
service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;
iii
service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;
iv
service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002;
v
service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002;
vi
service as a member of staff of SOCA; or
vii
service in the Police Service of Northern Ireland;
bfb
service by a person (other than a constable of the Police Service of Scotland) as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012 who, immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above;
iv
omit sub-paragraphs (bh), (bi), (bj) and (bk), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007; and
v
in sub-paragraph (c), omit the words from “or (as the case may be) section 38A of the Police (Scotland) Act 1967”;
b
in subsection (2)95—
i
in the definition of “police pension authority”, for paragraph (d) substitute—
d
the Scottish Police Authority;
ii
in the definition of “pension supervising authority”, for paragraph (b) substitute—
b
the Scottish Police Authority.
c
in subsection (2A)96—
i
in paragraph (b), after “(b),” insert “(bfa)(vii),”;
ii
in paragraph (ba), for “section 38A(1)(aa) of the Police (Scotland) Act 1967 (c.77)” substitute “mentioned in subsection (1)(bfa)(v) above”;
iii
in paragraph (c), for “section 38A(1)(bc) of the Police (Scotland) Act 1967” substitute “mentioned in subsection (1)(bfa)(vi)”;
iv
omit paragraph (g);
v
after paragraph (i)97 insert—
; and
j
in relation to any service such as is mentioned in subsection (1)(bfa)(ii), (iii) or (iv), “police pension authority” and “pension supervising authority” means the Scottish Ministers.
d
in subsection (3)98—
i
for “Police (Scotland) Act 1967” substitute “Police Service of Scotland”;
ii
in paragraph (b) for “(bg), (bh), (bi), (bj), (bk),” substitute “(bfa), (bfb)”; and
e
in subsection (5)99, in the definition of “central service”, omit paragraph (b) and the words “(as the case may require)” which immediately follow that paragraph.
Bail Act 1976
13
In section 8(6) of the Bail Act 1976 (bail with sureties)100, for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”.
Criminal Law Act 1977
14
In section 38A(2) of the Criminal Law Act 1977 (execution in different parts of the United Kingdom of warrants for imprisonment for non-payment of fine)101, for “appointed for a police area” substitute “of the Police Service of Scotland”.
Interpretation Act 1978
15
1
The Interpretation Act 1978 is modified as follows.
2
In Schedule 1 (words and expressions defined)—
a
in the entry that begins “Police area,”, omit paragraph (b); and
b
omit the entry for “Police authority”.
3
In Schedule 1102, at the end insert the following heading and entry—
Construction of certain expressions relating to the police: Scotland
In relation to Scotland—
a
references to a police force include references to the Police Service of Scotland;
b
references to a chief officer of police include references to the chief constable of the Police Service of Scotland;
c
“police authority” means the Scottish Police Authority;
d
the “police area” of the Police Service of Scotland is Scotland and references to a police force or police authority for any area include references to the Police Service of Scotland or, as the case may be, the Scottish Police Authority;
e
references to a constable or chief constable of, or appointed for, any area are to be construed as references to a constable or, as the case may be, the chief constable of, or appointed for, the Police Service of Scotland.
4
In paragraph 6 of Schedule 2 (application to existing enactments)103, for the entry that begins “Police area” substitute—
in relation to Scotland, expressions relating to the police;
Finance Act 1981
16
In section 107(3)(k) of the Finance Act 1981 (sale of houses at discount by local authorities etc.)104, for “or a police authority” to “1967” substitute “the Scottish Police Authority”.
Civil Aviation Act 1982
17
In section 57(4) of the Civil Aviation Act 1982 (power to appoint special constables)105, for “section 16 of the Police (Scotland) Act 1967” substitute “section 10 of the Police and Fire Reform (Scotland) Act 2012”.
Aviation Security Act 1982
18
1
The Aviation Security Act 1982 is modified as follows.
2
In section 24AT(7)106 (interpretation)—
a
in paragraph (a), for “police force for that area” substitute “Police Service of Scotland”; and
b
in paragraph (b), omit from “, where” to “(c.77),” and for second “that” to second “board” substitute “the Scottish Police Authority”.
3
In section 31(2) (interpretation and application of Part III to Scotland and Northern Ireland)107—
a
in paragraph (a), for “police force for that area, and” substitute “Police Service of Scotland,”; and
b
in paragraph (b), omit “, where” to “(c.77),” and for second “that” to second “board” substitute “the Scottish Police Authority”; and
c
at the end of paragraph (b), insert—
, and
c
references in any provision to the police force for a police area are to be construed as references to the Police Service of Scotland.
Police and Criminal Evidence Act 1984
19
In section 63A(1B) of the Police and Criminal Evidence Act 1984 (fingerprints and samples: supplementary provisions)108, for paragraph (d) substitute—
d
the Police Service of Scotland;
Ministry of Defence Police Act 1987
20
1
The Ministry of Defence Police Act 1987 is modified as follows.
2
In section 1(2)(b) (the Ministry of Defence Police)109 for first “person” to the end substitute “constable of the Police Service of Scotland by section 10 of the Police and Fire Reform (Scotland) Act 2012 before a sheriff or justice of the peace”.
3
In section 2 (jurisdiction)—
a
in subsection (3A)110, after paragraph (a) insert—
aa
the Police Service of Scotland;
b
in subsection (3B)111, after paragraph (a) insert—
aa
if it was made under paragraph (aa) of that subsection, only in Scotland;
c
in subsection (3C), after second “area,” insert “in Scotland the same powers and privileges as constables of the Police Service of Scotland,”.
4
In section 2A(4) (provision of assistance to other forces)112—
a
in the definition of “chief officer”, after paragraph (a) insert—
aa
the chief constable of the Police Service of Scotland;
b
in the definition of “relevant force”, after paragraph (a) insert—
aa
the Police Service of Scotland;
5
In section 2B(3) (constables serving with other forces)113—
a
in the definition of “chief officer”—
i
in paragraph (a), for “Great Britain” substitute “England and Wales”; and
ii
after that paragraph insert—
aa
the chief constable of the Police Service of Scotland;
b
in the definition of “relevant force”—
i
in paragraph (a), for “Great Britain” substitute “England and Wales”; and
ii
after that paragraph insert—
aa
the Police Service of Scotland;
6
In section 4A(1)(b) (appeals against dismissal etc)114 for “Police (Scotland) Act 1967 (c.77)” substitute “Police and Fire Reform (Scotland) Act 2012”.
7
In section 4B(6) (functions of inspectors of constabulary)115, in the definition of “the Scottish inspectors”, for “33 of the Police (Scotland) Act 1967 (c.77)” substitute “71 of the Police and Fire Reform (Scotland) Act 2012”.
Firearms (Amendment) Act 1988
21
In section 18B(2) of the Firearms (Amendment) Act 1988 (permitted electronic means)116, for paragraph (c) substitute—
c
the chief constable of the Police Service of Scotland, and
Road Traffic Act 1988
22
1
The Road Traffic Act 1988 is modified as follows.
2
In section 67(4)(f)117 (testing of condition of vehicles on roads), omit “for a police area”.
3
In section 144(2) (exceptions from requirement of third-party insurance or security)118, in paragraph (a)(ii) after the second “Scotland” insert “or the Scottish Fire and Rescue Service”.
Road Traffic Offenders Act 1988
23
In section 89(1) of the Road Traffic Offenders Act 1988 (interpretation), in the definition of “chief constable”119 for “for” to “issued” substitute “of the Police Service of Scotland”.
Road Traffic Act 1991
24
Police Act 1996
25
1
The Police Act 1996 is modified as follows.
2
In section 63 (Police Advisory Boards for England and Wales and for Scotland)122 for the section title substitute “Police Advisory Board for England and Wales”.
3
In section 89(3) (assaults on constables) for “a police force maintained in Scotland” substitute “the Police Service of Scotland”.
4
5
In section 98 (cross-border aid of one police force by another)125—
a
in subsection (1), for “the chief officer of a police force in Scotland” substitute “the chief constable of the Police Service of Scotland”;
b
in subsection (2), for “The chief officer of a police force in Scotland” substitute “The chief constable of the Police Service of Scotland”;
c
in subsection (3), for “the chief officer of a police force in Scotland” substitute “the chief constable of the Police Service of Scotland”;
d
in subsection (4), for “the chief officer of any police force in Scotland” substitute “the chief constable of the Police Service of Scotland”;
e
in subsection (5)(a)—
i
for “a police force in Scotland” substitute “the Police Service of Scotland”;
ii
for “its chief officer” substitute “the chief constable of that Service”; and
iii
omit “or the chief constable of the Police Service of Northern Ireland respectively”;
f
in subsection (6B), for “a police authority in Scotland” substitute “the Scottish Police Authority”; and
g
in subsection (7), for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”.
Firearms (Amendment) Act 1997
26
In section 35A(2) of the Firearms (Amendment) Act 1997 (permitted electronic means)126 for paragraph (c) substitute—
c
the chief constable of the Police Service of Scotland, and
The Police (Health and Safety) Act 1997
27
In section 5(3) of the Police (Health and Safety) Act 1997 (payment of damages, compensation and fines out of certain funds)127—
a
in the definition of “the relevant authority”, for paragraph (b) substitute—
b
in relation to the chief constable of the Police Service of Scotland, the Scottish Police Authority, and
b
in the definition of “the relevant fund”—
i
in paragraph (a), after first “police”, insert “in England and Wales”;
ii
after that paragraph, insert—
aa
in relation to the chief constable of the Police Service of Scotland, money provided by the Scottish Police Authority, and
c
in the definition of “the responsible officer”—
i
in paragraph (a), after “police area”, insert “in England and Wales”; and
ii
after that paragraph insert—
aa
in relation to the Police Service of Scotland (including police cadets appointed under section 25 of the Police and Fire Reform (Scotland) Act 2012), the chief constable of that Service, and
Data Protection Act 1998
28
In section 56(6) of the Data Protection Act 1998 (prohibition of requirement as to production of certain records)128, in the first entry in the first column of the Table, for paragraph (b) substitute—
b
the chief constable of the Police Service of Scotland.
Police (Northern Ireland) Act 1998
29
1
The Police (Northern Ireland) Act 1998 is modified as follows.
2
In section 73(4) (interpretation)129, for “Police (Scotland) Act 1967” substitute “Police Service of Scotland (and references to the chief officer of a police force in Great Britain include the chief constable of that Service)”.
3
In paragraph 8(9) of Schedule 3, for “any” to the end substitute “the reference to “police authority” is to the Scottish Police Authority”.
Crime and Disorder Act 1998
30
In section 115(2) of the Crime and Disorder Act 1998 (disclosure of information)130, for paragraph (b) substitute—
b
the chief constable of the Police Service of Scotland;
Immigration and Asylum Act 1999
31
In section 20(4) of the Immigration and Asylum Act 1999 (supply of information to Secretary of State)131, for paragraph (b) substitute—
b
the chief constable of the Police Service of Scotland;
Terrorism Act 2000
32
1
The Terrorism Act 2000132 is modified as follows.
2
In section 48 (authorisations)—
a
in subsection (3)(a) for “outside Northern Ireland” substitute “in England and Wales”; and
b
after subsection (3)(c) insert—
ca
where the road specified is in Scotland, by a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable;
3
In paragraph 23(6)(a) of Schedule 4 (restraint orders) for “out of the police fund out of which the expenses of that police force are met” substitute “by the Scottish Police Authority”.
4
In paragraph 14(1) of Schedule 6B (searches in specified areas or places: supplementary)133 in the definition of “senior police officer”—
a
in paragraph (a) for “outside Northern Ireland” substitute “in England and Wales”; and
b
after paragraph (c) insert—
ca
in relation to an authorisation where the specified area or place is the whole or part of Scotland, a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable;
Regulation of Investigatory Powers Act 2000
33
1
The 2000 Act134) is modified as follows.
2
In section 6(2)135 (application for issue of an interception warrant)—
a
omit paragraph (da)136; and
b
in paragraph (g), for the words from “any” to the end, substitute “the Police Service of Scotland”.
3
In section 17(3) (exclusion of matters from legal proceedings)137, omit paragraph (ca).
4
In section 19(2) (offence for unauthorised disclosures)138, omit paragraph (ca).
5
In section 22 (obtaining and disclosing communications data)139—
a
omit subsections (3E) to (3H);
b
in subsection (3I), for “Subsections (3B) and (3F) are” substitute “Subsection (3B) is”; and
c
in subsection (5), for “, (3B) or (3F)” substitute “or (3B)”.
6
In section 23 (form and duration of authorisations and notices)140—
a
in subsection (1), for “, (3B) or (3F)” substitute “or (3B)”;
b
in subsection (2A), for “, (3B) or (3F)” substitute “or (3B)”;
c
in subsection (3), for “subsections (3A) and (3D)” substitute “subsection (3A)”;
d
omit subsections (3D) to (3F); and
e
in each of subsections (4), (5) and (6), for “, (3B) or (3F)” substitute “or (3B)”.
7
In section 23A (authorisations requiring judicial approval)141 in subsections (1)(a) and (3), for “, (3B) or (3F)”, in both places, substitute “or (3B)”.
8
In section 25(1) (interpretation of Chapter II)142, in the definition of “relevant public authority”, omit paragraph (ca).
9
In section 29 (authorisation of covert human intelligence sources)143—
a
in subsection (2)(c), omit sub-paragraph (ii);
b
in subsection (2A), omit paragraph (b) and the word “and” which precedes it;
c
omit subsections (4B) and (7B); and
d
in subsection (10), omit paragraph (b) and the word “and” which precedes it.
10
In section 32(6)(d) (authorisation of intrusive surveillance), for the words from “every” to the end, substitute “the Police Service of Scotland”;
11
In section 33 (rules for grant of authorisations)144—
a
in subsection (1), for “subsections (1ZB) and (1ZE)” substitute “subsection (1ZB)”;
b
omit subsections (1ZD) to (1ZF) and (1B);
c
in subsection (3), for “subsections (3ZB) and (3ZE)” substitute “subsection (3ZB)”;
d
omit subsections (3ZD) to (3ZF);
e
in subsection (5)(a), omit “or a member of the Scottish Crime and Drug Enforcement Agency”;
f
omit subsection (5B); and
g
in subsection (6)—
i
in paragraph (a)—
aa
after second “force” insert “or”;
bb
omit from first “or” to “1967”; and
ii
after paragraph (a) insert—
aa
the area of operation of the Police Service of Scotland is Scotland;
12
In section 34 (grant of authorisations in the senior officer’s absence)145—
a
in subsection (4)(d), for the words from second “a” to the end, substitute “the Police Service of Scotland if he holds the rank of deputy or assistant chief constable of the Police Service of Scotland”; and
b
in subsection (6)(aa), for the words from “for” to the end of that paragraph substitute “of the Police Service of Scotland, means the deputy chief constable designated under section 18(3) of the Police and Fire Reform (Scotland) Act 2012;”.
13
In section 36(7)(a) (approval required for authorisations to take effect), for sub-paragraph (iii) substitute—
iii
the chief constable of the Police Service of Scotland,
14
In section 45(6) (cancellation of authorisations)146—
a
in paragraph (a), for sub-paragraph (iii) substitute—
iii
the chief constable of the Police Service of Scotland,
b
after paragraph (b) insert “and”; and
c
omit paragraph (ca) and the word “and” which precedes it.
15
In section 49(1) (notices requiring disclosure)147—
a
in paragraph (c), for “, (3B) or (3F)” substitute “or (3B)”; and
b
in paragraph (e), omit “, SCDEA” (in both places).
16
In section 51 (cases in which key required)148—
a
in subsection (2)—
i
omit first “SCDEA,”; and
ii
omit paragraph (ab);
b
in subsection (3), omit “the Director General of the Scottish Crime and Drug Enforcement Agency,”; and
c
in subsection (6), omit “by the Director General of the Scottish Crime and Drug Enforcement Agency,”.
17
In section 54(3) (tipping-off)149, omit “SCDEA,” in paragraphs (a) and (b).
18
In section 55 (general duties of specified authorities)150—
a
in subsection (1), omit paragraph (bb); and
b
omit subsection (3B).
19
In section 56(1) (interpretation of Part III)151—
a
in the definition of “chief officer of police”—
i
in paragraph (a), omit “or section 1 of the Police (Scotland) Act 1967”; and
ii
after paragraph (c) insert—
ca
the chief constable of the Police Service of Scotland;
b
in the definition of “the police”, in paragraph (a), omit “or a constable who is a member of the Scottish Crime and Drug Enforcement Agency”; and
c
omit the definition of “SCDEA”.
20
In section 58(1) (co-operation with and reports by s.57 Commissioner)152—
a
omit paragraph (ba); and
b
in paragraph (g), for “, (3B) or (3F)” substitute “or (3B)”.
21
In section 65(6) (the Tribunal)153—
a
after paragraph (c) insert—
ca
the Police Investigations and Review Commissioner;
b
omit paragraph (da).
22
In section 68(7) (Tribunal procedure)154—
a
omit paragraph (ba);
b
after paragraph (d) insert—
da
the Police Investigations and Review Commissioner and every member of the Commissioner’s staff;
c
in paragraph (g), for “, (3B) or (3F)” substitute “or (3B)”.
23
In section 76A(11) (foreign surveillance operations)155, in the definition of “United Kingdom officer”, omit paragraph (c).
24
In section 81(1) (general interpretation)156, in the definition of “police force”, for paragraph (d) substitute—
d
the Police Service of Scotland;
25
In Schedule 1 (relevant public authorities)157, omit paragraph 2A.
26
In Schedule 2 (persons having the appropriate permission)158—
a
in paragraph 2(3) and (5), omit “, SCDEA”;
b
in paragraph 4(2), omit “SCDEA,” (in every place);
c
in paragraph 5(3)(b), omit “, SCDEA”; and
d
in paragraph 6—
i
omit sub-paragraph (3B); and
ii
in sub-paragraph (6), omit “or a constable who is a member of the Scottish Crime and Drug Enforcement Agency”.
Political Parties, Elections and Referendums Act 2000
34
In paragraph 28(1)(d) of Schedule 19C to the Political Parties, Elections and Referendums Act 2000 (disclosure of information)159, for “a police force in Scotland” substitute “the Police Service of Scotland”.
Criminal Justice and Court Services Act 2000
35
In section 71 of the Criminal Justice and Court Services Act 2000 (access to driver licensing records)—
a
in subsection (3), for “constables in police forces in Scotland” substitute “constables of the Police Service of Scotland”; and
b
in subsection (4)160, for paragraph (b) substitute—
b
police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012,
Vehicles Crime Act 2001
36
In section 18(9) of the Vehicles Crime Act 2001 (register of registration plate suppliers)161, for paragraph (b) substitute—
b
police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012, and
Anti-terrorism, Crime and Security Act 2001
37
1
The Anti-terrorism, Crime and Security Act 2001162 is modified as follows.
2
In section 74(1) (interpretation of Part 7) in the definition of “chief officer of police”—
a
in paragraph (a) for “Great Britain” substitute “England and Wales”; and
b
after that paragraph insert—
aa
in relation to any premises in Scotland, the chief constable of the Police Service of Scotland; and
3
In section 100 (jurisdiction of transport police) after subsection (3) insert—
3A
In the application of this section to Scotland—
a
references to a “police area” are references to Scotland; and
b
references to the “police force” for a police area are references to the Police Service of Scotland.
4
In paragraph 10(7)(b) of Schedule 1 (forfeiture of terrorist cash) for “a police force” to the end substitute “the Police Service of Scotland, it is to be paid by the Scottish Police Authority,”.
Justice (Northern Ireland) Act 2002
38
In section 5A(5) of the Justice (Northern Ireland) Act 2002 (disclosure of information to the Commission)163, for paragraph (b) substitute—
b
the chief constable of the Police Service of Scotland;
Police Reform Act 2002
39
1
The Police Reform Act 2002164 is modified as follows.
2
In section 82 (Nationality requirements applicable to police officers etc.)165—
a
in subsection (1)—
i
in paragraph (a) omit “or Scotland”; and
ii
after that paragraph insert—
aa
a constable of the Police Service of Scotland;
b
at the end of subsection (2)(a), omit “or” and insert—
aa
the Police Service of Scotland; or
c
in subsection (3)(b) for “section 26” to the end substitute “section 48 of the Police and Fire Reform (Scotland) Act 2012 (governance and administration of police)”.
3
Omit section 103(4) and (7) (liability in respect of members of teams).
4
In paragraph 6(2)(b) of Schedule 2 (Independent Police Complaints Commission) for “any police force maintained for a police area in Scotland” substitute “the Police Service of Scotland”.
Finance Act 2003
40
In paragraph 1(3) of Schedule 9 to the Finance Act 2003 (right to buy transactions)166, for “A police authority within the meaning of section 2(1) or 19(9)(b) of the Police Scotland Act 1967 (c.77)” substitute “The Scottish Police Authority”.
Railways and Transport Safety Act 2003
41
1
The Railways and Transport Safety Act 2003167 is modified as follows.
2
In section 24 (constables), for subsection (4) substitute—
4
Section 10 of the Police and Fire Reform (Scotland) Act 2012 (declaration) shall apply to a constable of the Police Force appointed in Scotland.
3
In section 25 (special constables), for subsection (4) substitute—
4
Section 10 of the Police and Fire Reform (Scotland) Act 2012 (declaration) shall apply to a special constable of the Police Force appointed in Scotland.
4
In section 63(8)(a) (inspection) for “section 33(1) of the Police (Scotland) Act 1967 (c.77)” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
5
In section 64(3) (action after adverse inspection report) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
6
In section 67 (senior appointment: delegation of function) for “section 33 of the Police (Scotland) Act 1967 (c.77)” substitute “designated under section 71(3) of the Police and Fire Reform (Scotland) Act 2012”.
7
In paragraph 7(2) of Schedule 4 (disqualification)168, for paragraph (d) substitute—
d
is an employee of the Scottish Police Authority.
Crime (International Co-operation) Act 2003
42
1
The Crime (International Co-operation) Act 2003169 is modified as follows.
2
In section 18(2) (warrants in Scotland) for “section 39(6) of the Police (Scotland) Act 1967” substitute “section 99(1) of the Police and Fire Reform (Scotland) Act 2012”.
3
In section 51(1) (general interpretation) in the definition of “chief officer of police”, in paragraph (a) for “for the police force maintained for that area” substitute “of the Police Service of Scotland”.
4
In section 84(2) (assaults on foreign officers)—
a
for “section 41 of the Police (Scotland) Act 1967 (c.77)” substitute “section 90 of the Police and Fire Reform (Scotland) Act 2012”; and
b
for “so treated” substitute “treated as if he were acting in the capacity of a constable”.
Sexual Offences Act 2003
43
Energy Act 2004
44
1
The Energy Act 2004 is modified as follows.
2
In section 59(3) (members of constabulary serving with other forces)172—
a
in the definition of “chief officer”—
i
in paragraph (a) for “Great Britain” substitute “England and Wales”; and
ii
after that paragraph insert—
aa
the chief constable of the Police Service of Scotland;
b
in the definition of “relevant force”—
i
in paragraph (a) for “Great Britain” substitute “England and Wales”; and
ii
after that paragraph insert—
aa
the Police Service of Scotland;
3
In section 62(11) (inspection) for “section 33(1) of the Police (Scotland) Act 1967 (c.77)” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
4
In sections 64(10)(a) (civil nuclear police federation) and 65(10)(a) (rank-related associations) for “Great Britain” substitute “England and Wales, of the Police Service of Scotland”.
5
In section 66(4)(c) (representation at certain disciplinary proceedings), for “a police force” to the end substitute “the Police Service of Scotland”.
6
In section 68 (application of offences etc. applying to constables)—
a
in subsection (1), omit “and section 41(1) and (2) of the Police (Scotland) Act 1967”; and
b
omit subsections (4), (5) and (6).
Constitutional Reform Act 2005
45
In section 107(5) of the Constitutional Reform Act 2005 (disclosure of information to the Commission)173, for paragraph (b) substitute—
b
the chief constable of the Police Service of Scotland;
Commissioner for Revenue and Customs Act 2005
46
In section 27 of the Commissioner for Revenue and Customs Act 2005 (inspection)174—
a
in subsection (2)(a)(ii) for “section 33 or 34 of the Police (Scotland) Act 1967 (c.77)” substitute “sections 71 to 73 of the Police and Fire Reform (Scotland) Act 2012”; and
b
in subsection (6)(a) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
Fire (Scotland) Act 2005
47
In section 16A(1) of the Fire (Scotland) Act 2005 (exercise of powers at sea)175, for “a relevant authority” substitute “SFRS”.
Serious Organised Crime and Police Act 2005
48
1
The Serious Organised Crime and Police Act 2005 is modified as follows.
2
In section 3(5) (functions of SOCA as to information relating to crime)176 omit paragraph (d).
3
In section 6 (annual plans)177—
a
in subsection (7)(d), for “each police authority for an area in Scotland, each joint police board” substitute “the Scottish Police Authority”; and
b
omit subsection (8).
4
In section 7 (annual reports)178—
a
in subsection (4)(d), for “each police authority for an area in Scotland, each joint police board” substitute “the Scottish Police Authority”; and
b
omit subsection (5).
5
In section 16(13) (inspections) for “section 33(1) of the Police (Scotland) Act 1967 (c.77)” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
6
In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements)179—
a
omit subsections (5) and (7)(b);
b
in subsection (10), for paragraph (a) and (b) substitute—
a
the Police Service of Scotland, or
c
in subsection (11)—
i
omit the definitions of “police member” and “support staff member”;
ii
in the definition of “relevant policing body”—
aa
for paragraph (a) substitute—
a
in relation to the Police Service of Scotland, the Scottish Police Authority,
bb
omit paragraph (f).
7
In section 24(2)(b) (mutual assistance between SOCA and law enforcement agencies: directed arrangements)180 omit “other than the Scottish Crime and Drug Enforcement Agency”.
8
In section 25 (directed arrangements: Scotland)181—
a
in subsection (1)(a)—
i
for “a body within subsection (2)” substitute “the Police Service of Scotland”; and
ii
for “a body within that subsection” substitute “that Service”;
b
in subsection (1)(b) for “the body” substitute “that Service”;
c
omit subsection (2);
d
in subsection (3)—
i
in paragraph (a), for “chief officer of the police force” substitute “chief constable of the Police Service of Scotland”; and
ii
omit paragraph (b);
e
in subsection (4) for the words “a police force in Scotland or to the Scottish Crime and Drug Enforcement Agency” where they occur substitute “the Police Service of Scotland”; and
f
omit subsection (5).
9
In section 31(5) (liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff)182, in the definition of “relevant authority” omit paragraph (d).
10
In section 36 (general duty of police to pass information to SOCA)—
a
in subsection (1) for “Great Britain” substitute “England and Wales”; and
b
after subsection (2) insert—
2A
The chief constable of the Police Service of Scotland has a corresponding duty in relation to crime in Scotland.
11
In section 42(1) (interpretation of chapter 1)—
a
in the definition of “chief officer”—
i
in paragraph (b) for “a police force in Scotland, the chief constable” substitute “the Police Service of Scotland, the chief constable of that Service”; and
ii
omit paragraph (g)183;
b
omit the definition of “joint police board”; and
c
in the definition of “police force”—
i
in paragraph (a), for “, Wales or Scotland, or” substitute “or Wales,”; and
ii
after that paragraph insert—
aa
the Police Service of Scotland, or
12
In section 47 (person having powers of constable: Scotland and Northern Ireland)184—
a
in subsection (3)(a) for “Director General of the Scottish Crime and Drug Enforcement Agency” substitute “chief constable of the Police Service of Scotland”; and
b
in subsection (4) from “either” to the end substitute “a senior officer (within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012) of the Police Service of Scotland.”.
13
In section 82(5) (protection of persons involved in investigations or proceedings)—
a
for paragraph (b) substitute—
b
the chief constable of the Police Service of Scotland;
b
omit paragraph (f)185.
14
In section 156 (payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences)—
a
in the section title for “police authorities etc.” substitute “Scottish Police Authority”; and
b
in subsection (1), for “a police authority or joint police board (within the meaning of the Police (Scotland) Act 1967 (c.77))” substitute “the Scottish Police Authority”.
15
In Schedule 5 (persons specified for the purposes of section 82)—
a
in paragraph 15, for “(within” to the end substitute “(as defined by section 99(1) of the Police and Fire Reform (Scotland) Act 2012)”; and
b
in paragraph 20A186 omit the words “is or” where they occur.
Gambling Act 2005
49
1
The Gambling Act 2005187 is modified as follows.
2
After section 23(5)(d) (statement of principles for licensing and regulation) insert—
da
the chief constable of the Police Service of Scotland,
3
After section 24(11)(b) (codes of practice) insert—
ba
the chief constable of the Police Service of Scotland,
4
After section 25(5)(a) (guidance to local authorities)—
a
omit “and”; and
b
insert—
aa
the chief constable of the Police Service of Scotland, and
Immigration, Asylum and Nationality Act 2006
50
1
The Immigration, Asylum and Nationality Act 2006 is modified as follows.
2
In section 36(9) (duty to share information)188, in the definition of “chief officer of police”, in paragraph (b), for “a police force maintained under the Police (Scotland) Act 1967 (c.77)” substitute “the Police Service of Scotland”.
3
In section 39(3)(b) (disclosure to law enforcement agencies) for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.
Health Act 2006
51
1
The Health Act 2006189 is modified as follows.
2
In section 18(9) (co-operation between health bodies and other organisations)—
a
in paragraph (a)(ii) for “a police force in Scotland, the chief constable” substitute “the Police Service of Scotland, the chief constable of that Service”;
b
in paragraph (b)(i) for “, Wales or Scotland, or” substitute “and Wales,”; and
c
after paragraph (b)(i)
i
omit “or”; and
ii
insert—
ia
the Police Service of Scotland, or
Wireless Telegraphy Act 2006
52
After section 107(4) of the Wireless Telegraphy Act 2006 (proceedings and enforcement)190 insert—
5
In the application of this section to Scotland, subsection (2) has effect with the substitution—
a
for the words “a police force” of the words “the Police Service of Scotland”, and
b
for the words “the area for which he acts as constable” of the word “Scotland”.
Safeguarding Vulnerable Groups Act 2006
53
In section 50A(3)(b) of the Safeguarding Vulnerable Groups Act 2006 (provision of information to the police)191, for “a police force in Scotland” substitute “the Police Service of Scotland”.
Police and Justice Act 2006
54
1
The Police and Justice Act 2006 is modified as follows.
2
Omit section 13(6)(d) (supply of information to police etc by Registrar General).
3
In Schedule 1 (National Policing Improvement Agency)192—
a
for paragraph 3(3)(k) substitute—
k
the Police Service of Scotland, including the police cadets under the control of the chief constable of that Service,
b
omit paragraph 3(3)(l);
c
in paragraph 4—
i
for sub-paragraph (2)(a) substitute—
a
the Police Service of Scotland,
ii
in sub-paragraphs (2)(b) and (2)(c) for “such a force” substitute “that Service”;
iii
for sub-paragraph (2)(d) and (2)(e) substitute—
and
d
the Scottish Police Authority.
iv
in sub-paragraph (3)(a) omit “Services”; and
v
for sub-paragraph (3)(b) substitute—
b
the chief constable of the Police Service of Scotland.
d
in paragraph 6(4)—
i
for sub-paragraph (a) substitute—
a
the Police Service of Scotland,
ii
in sub-paragraphs (b) and (c) for “such a force” substitute “that Service”; and
iii
for sub-paragraphs (d) and (e) substitute—
, and
d
the Scottish Police Authority.
e
in paragraph 35—
i
for sub-paragraph (b) substitute—
b
the Scottish Police Authority;
ii
omit sub-paragraphs (c) and (d); and
f
in paragraph 48—
i
in sub-paragraph (8)(a) for “police forces” substitute “the police service”;
ii
in sub-paragraph (11)(b) omit “Services”;
iii
for sub-paragraphs (11)(c) and (11)(d) substitute—
c
the chief constable of the Police Service of Scotland.
iv
in sub-paragraph (12)(a) omit “Services”;
v
for sub-paragraphs (12)(b) and (12)(c) substitute—
b
the chief constable of the Service of Scotland.
vi
omit sub-paragraph (13).
Road Safety Act 2006
55
In section 49A(3)(f) of the Road Safety Act 2006 (disclosure of information relating to foreign-registered vehicles)193 for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.
Armed Forces Act 2006
56
In section 375(2) of the Armed Forces Act 2006 (definitions relating to police forces)194, for paragraph (e), substitute—
e
the Police Service of Scotland;
Corporate Manslaughter and Corporate Homicide Act 2007
57
1
The Corporate Manslaughter and Corporate Homicide Act 2007195 is modified as follows.
2
In section 13(1)(a) (application to police forces)—
a
omit “or” at the end of sub-paragraph (i); and
b
omit sub-paragraph (ii);
c
after subsection (1)(a) insert—
aa
the Police Service of Scotland;
d
in subsection (3)(d) after “(a)” insert “, (aa)”; and
e
in subsection (4) for “a force mentioned” to the end substitute “the Police Service of Scotland, as a reference to a constable of that Service.”.
Legal Services Act 2007
58
In section 169(5) of the Legal Services Act 2007 (disclosure of information to the Board)196, for paragraph (b) substitute—
b
the chief constable of the Police Service of Scotland;
Regulatory Enforcement and Sanctions Act 2008
59
In section 37(3)(d) of the Regulatory Enforcement and Sanctions Act 2008 (“regulator”)197 for “a police force in Scotland” substitute “the Police Service of Scotland”.
Counter-Terrorism Act 2008
60
1
The Counter-Terrorism Act 2008 is modified as follows.
2
In section 7(5)(b) (photographing and copying of documents) for “police force for the area in which the search was carried out” substitute “Police Service of Scotland”.
3
In section 18(5) (material not subject to existing statutory restrictions)198, in the definition of “police force”, for paragraph (d) substitute—
d
the Police Service of Scotland;
4
In section 51 (meaning of “local police area”) after subsection (3) insert—
4
This section and section 50(2) apply in relation to Scotland as if Scotland were a police area.
5
In section 86 (costs of policing at gas facilities: Scotland)—
a
in subsection (2)(b)—
i
for “provided under an agreement under section 13 of the Police (Scotland) Act 1967 (c.77) for the guarding, patrolling and watching” substitute “(within the meaning of section 86(9) of the Police and Fire Reform (Scotland) Act 2012) provided under an arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012 in respect”; and
ii
for sub-paragraph (ii) substitute—
ii
the chief constable of the Police Service of Scotland.
b
in subsection (4), for “agreement as is” substitute “arrangements as are”.
6
In section 88 (costs of policing at gas facilities: recovery of costs)—
a
in subsection (2) for “agreement under section 13 of the Police (Scotland) Act 1967 (c.77)” substitute “arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012”; and
b
in subsection (3)(b) for “agreement under section 13 of the Police (Scotland) Act 1967” substitute “arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012”.
7
In Schedule 4 (notification orders)—
a
in paragraph 5(1) for “a chief constable” substitute “the chief constable of the Police Service of Scotland”;
b
in paragraph 5(2)(a) for “the area of the chief constable’s police force” substitute “Scotland”; and
c
in paragraph 5(2)(b) for “that area” substitute “Scotland”.
8
In Schedule 5 (foreign travel restriction orders)—
a
in paragraph 4(1) for “a chief constable” substitute “the chief constable of the Police Service of Scotland”;
b
in paragraph 4(2)(a) for “the area of the chief constable’s police force” substitute “Scotland”;
c
in paragraph 4(2)(b) for “that area” substitute “Scotland”;
d
in paragraph 4(3) omit from “to a sheriff” to the end;
e
in paragraph 9(1)—
i
omit “or” at the end of paragraph (a);
ii
for paragraph (b), substitute—
b
the chief constable of the Police Service of Scotland.
iii
omit paragraphs (c) and (d); and
f
omit paragraph 9(2)(a) and (2)(b)(ii).
Borders, Citizenship and Immigration Act 2009
61
In section 29 of the Borders, Citizenship and Immigration Act 2009 (inspections by Her Majesty’s inspectors of constabulary etc.)199—
a
in subsection (2)(b) for “section 33 or 34 of the Police (Scotland) Act 1967 (c.77) (inspection)” substitute “Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (Her Majesty’s inspectors of constabulary)”; and
b
in subsection (6)(a) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
Marine and Coastal Access Act 2009
62
1
The Marine and Coastal Access Act 2009200 is modified as follows.
2
In paragraph 13(2)(d) of Schedule 7 (disclosure of information), for “a police force in Scotland” substitute “the Police Service of Scotland”.
3
In paragraph 9(2)(d) of Schedule 10 (disclosure of information), for the words “a police force in Scotland” substitute “the Police Service of Scotland”.
Equality Act 2010
63
1
The Equality Act 2010201 is modified as follows.
2
In section 42 (identity of employer)—
a
in subsection (4) for “, SPSA or SCDEA” substitute “or SPA”;
b
in subsection (5) for “SPSA” substitute “SPA”; and
c
omit subsection (6).
3
In section 43 (interpretation)—
a
for subsection (6) substitute—
5A
“SPA” means the Scottish Police Authority; and a reference to a constable at SPA is a reference to a constable serving as a member of its staff by virtue of paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012.
b
omit subsection (7);
c
in subsection (8)(c) for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”; and
d
for subsection (9) substitute—
9
Subsections (2) and (3) apply in relation to Scotland as follows—
a
a reference to a police authority includes a reference to the Scottish Police Authority;
b
a reference to a police force includes a reference to the Police Service of Scotland; and
c
a reference to a chief officer of police includes a reference to the chief constable of the Police Service of Scotland.
4
In Part 3 of Schedule 19 (public authorities: relevant Scottish authorities)—
a
omit “A joint fire and rescue board constituted by a scheme under section 2(1) of the Fire (Scotland) Act 2005.”;
b
for the heading “Police” substitute “Police and Fire”;
c
for “A police authority established under section 2 of the Police (Scotland) Act 1967.” substitute “The Scottish Police Authority.”;
d
after the entry substituted by paragraph (4)(c) insert—
The chief constable of the Police Service of Scotland.
The Scottish Fire and Rescue Service.
The Chief Officer of the Scottish Fire and Rescue Service.
e
omit—
A Chief Constable of a police force maintained under section 1 of the Police (Scotland) Act 1967.
A Chief Officer of a relevant authority appointed under section 7 of the Fire (Scotland) Act 2005.
The Scottish Police Services Authority.
Terrorism Prevention and Investigation Measures Act 2011
64
1
The Terrorism Prevention and Investigation Measures Act 2011202 is modified as follows.
2
In section 10(10) (criminal investigations into terrorism-related activity)—
a
in the definition of “chief officer”—
i
for paragraph (b) substitute—
b
in relation to the Police Service of Scotland, means the chief constable of that Service;
ii
omit paragraph (e); and
b
in the definition of “police force”—
i
for paragraph (b) substitute—
b
the Police Service of Scotland;
ii
omit paragraph (e).
3
In paragraph 14 (interpretation) of Schedule 6—
a
in the definition of “police force”—
i
for paragraph (d) substitute—
d
the Police Service of Scotland;
ii
omit paragraph (e) and the “or” immediately before it; and
b
in the definition of “responsible chief officer of police” in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, for “police force for the area” to the end substitute “Police Service of Scotland;”.
PART 2MODIFICATION OF ACT OF THE SCOTTISH PARLIAMENT
Police and Fire Reform (Scotland) Act 2012
65
In Part 1 of schedule 7 to the Police and Fire Reform (Scotland) Act 2012203, omit paragraph 1.
PART 3MODIFICATIONS OF SUBORDINATE LEGISLATION
Social Security (Employed Earners’ Employments for Industrial Injuries Purposes) Regulations 1975
66
1
The Social Security (Employed Earners’ Employment for Industrial Injuries Purposes Regulations) 1975204 are modified as follows.
2
In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners’ employments for industrial injuries purposes)205, for “a fire and rescue authority” to “under that Act” substitute “the Scottish Fire and Rescue Service”.
3
In Schedule 3 (employments in respect of which persons are treated as employers for industrial injuries purposes), in the entry numbered 4206, in column 1, for first “fire” to “board” substitute “Scottish Fire and Rescue Service”.
Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984
67
1
In regulation 12(1)(c) of the Town and Country Planning (Control of Advertisements (Scotland) Regulations (election notices, statutory advertisements and traffic signs)207, for “roads or police authority” substitute “roads authority or the Police Service of Scotland”.
Road Vehicles (Construction and Use) Regulations 1986
68
In paragraph 1(c)(i) of Schedule 12 to the Road Vehicles (Construction and Use) Regulations 1986 (advance notice to Police)208, for “the same meaning as in the Police (Scotland) Act 1967”, substitute “means the chief constable of the Police Service of Scotland”.
Income Support (General) Regulations 1987
69
In paragraph 7(1)(ab) of Schedule 8 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of earnings)209, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
The Police and Criminal Evidence (Northern Ireland) Order 1989
70
In Article 63A(1B) of Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprints and samples: supplementary provisions)210, for sub-paragraph (e) substitute—
e
the Police Service of Scotland;
Official Secrets Act 1989 (Prescription) Order 1990
71
1
The Official Secrets Act 1989 (Prescription) Order 1990 is modified as follows.
2
At the end of Schedule 1 (prescriptions: section 12(1)(f))211, insert—
Scottish Police Authority
The members and employees of the Authority who are not otherwise Crown servants
3
At the end of Schedule 2 (prescriptions: section 12(1)(g))212, insert—
Police Investigations and Review Commissioner
The members of the Commissioner’s staff who are not otherwise Crown servants
Child Support (Maintenance Assessments and Special Cases) Regulations 1992
72
In paragraph 1(1)(i)(iib) of Part 1 of Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (earnings of an employed earner)213, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
Goods Vehicles (Licensing of Operators) Regulations 1995
73
In paragraph 6 of Part 1 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (classes of vehicles for which a licence is not required)214, for “relevant” to “(asp 5))” substitute “Scottish Fire and Rescue Service”.
Jobseeker’s Allowance Regulations 1996
74
1
The Jobseeker’s Allowance Regulations 1996 are modified as follows.
2
In regulation 4 (interpretation of Parts 2, 4 and 5)215, in the definition of “part-time member of a fire brigade” for “a fire and rescue authority” to second “Act” substitute “the Scottish Fire and Rescue Service”.
3
In regulation 53(d)(ib) (persons treated as not engaged in remunerative work)216, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
4
In paragraph 9(1)(ab) of Schedule 6 (sums to be disregarded in the calculation of earnings)217, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
Social Security Benefit (Computation of Earnings) Regulations 1996
75
In paragraph 9(ab) of Schedule 1 to the Social Security Benefit (Computation of Earnings) Regulations 1996 (sums to be disregarded in the calculation of earnings)218, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
Health and Safety (Enforcing Authority) Regulations 1998
76
In regulation 4(3)(e) of the Health and Safety (Enforcing Authority) Regulations 1998 (exceptions)219, for “a relevant” to “(asp 5))” substitute “the Scottish Fire and Rescue Service”.
Scotland Act 1998 (Concurrent Functions) Order 1999
77
1
Schedule 2 to the Scotland Act 1998 (Concurrent Functions) Order 1999220 is modified as follows.
2
In paragraph 2(a)(ii), for “relevant” to “(asp 5))” substitute “the Scottish Fire and Rescue Service”.
3
In paragraph 2(b)(iii), for “relevant authorities” substitute “the Scottish Fire and Rescue Service”.
4
In paragraph 2(b)(iv), for “relevant authorities” substitute “the Scottish Fire and Rescue Service”.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999
78
1
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 is modified as follows.
2
In Schedule 2 (enactments conferring functions exercisable concurrently by the Scottish Ministers and Ministers of the Crown)221 omit the entry relating to section 32A of the Police (Scotland) Act 1967.
3
In Schedule 4 (non-statutory functions transferred to the Scottish Ministers) for paragraph 1(1)(b) and (c) substitute—
b
by the Police Service of Scotland;
c
by the Scottish Fire and Rescue Service; or
Motor Vehicles (Driving Licences) Regulations 1999
79
In regulation 23(9) of the Motor Vehicles (Driving Licences) Regulations 1999 (persons by whom theory tests may be conducted)222, in the definitions of “chief officer of police”, “police area” and “police authority”, after “have” insert “in relation to England and Wales”.
Child Support (Maintenance Calculations and Special Cases) Regulations 2001
80
In paragraph 4(2)(g)(iib) of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2001 (earnings)223, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
Representation of the People (Scotland) Regulations 2001
81
In regulation 31J(4)(b) of the Representation of the People (Scotland) Regulations (anonymous registration: evidence by attestation)224 for “any police force in Scotland”, substitute “the Police Service of Scotland”.
State Pension Credit Regulations 2002
82
In paragraph 2(2)(ab) of Schedule 6 to the State Pension Credit Regulations 2002 (sums disregarded from claimant’s earnings)225, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003
83
In paragraph 1(2)(b) of Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (functions under the 2000 Act)226, for sub-head (i) substitute—
i
the chief constable of the Police Service of Scotland; or
Revenue and Customs (Inspections) Regulations 2005
84
1
In regulation 10(2) of the Revenue and Customs (Inspections) Regulations 2005 (appointment of assistant inspectors and staff officers)227—
a
for “Section 34 of the Police (Scotland) Act 1967 (appointment of assistant inspectors and staff officers)” substitute “Sections 72 and 73 of the Police and Fire Reform (Scotland) Act 2012 (assistant inspectors and staff officers)”;
b
in sub-paragraph (a)—
i
for “section 34(1) after “constabulary”” substitute “section 72(1) after “may””; and
ii
omit “and”;
c
in sub-paragraph (b) for “section 34(1A)” substitute “section 72(1)(b)”; and
d
at the end of that sub-paragraph insert—
c
in section 72(1)(b) for “constables” substitute “officers of Revenue and Customs”;
d
in section 72(2) for “A constable” substitute “An officer of Revenue and Customs”;
e
in section 72(3) for “constable” and “constable’s” substitute “officer of Revenue and Customs” and “officer’s”;
f
in section 73(1) after “may” insert “for the purposes of carrying out functions under the Revenue and Customs (Inspections) Regulations 2005”, and
g
in section 73(1)(b) for “constables” substitute “officers of Revenue and Customs”;
h
in section 73(2) for “A constable” substitute “An officer of Revenue and Customs”, and
i
In section 73(3) for “constable” and “constable’s” substitute “officer of Revenue and Customs” and “officer’s”.
Housing Benefit Regulations 2006
85
In paragraph 8(1)(b) of Schedule 4 to the Housing Benefits Regulations 2006 (sums to be disregarded in the calculation of earnings)228, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
86
In paragraph 3(2)(b) of Schedule 4 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (sums disregarded from claimant’s earnings)229, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
Vehicle Drivers (Certificates of Professional Competence) Regulations 2007
87
In regulation 2(1) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (interpretation)230, in the definition of “fire and rescue authority”—
a
in sub-paragraph (a), for “Great Britain” substitute “England and Wales”;
b
omit “and” at the end of that sub-paragraph; and
c
at the end of sub-paragraph (b) insert—
and
c
in relation to Scotland, means the Scottish Fire and Rescue Service;
Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098)
88
1
The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 is modified as follows.
2
In article 2 (interpretation)—
a
omit sub-paragraph (b); and
b
in sub-paragraph (c) for “the Police Complaints Commissioner for Scotland” substitute “the Police Investigations and Review Commissioner”231.
3
In article 3 (disclosure of information)—
a
in paragraph (1) omit the words “the Agency or” in both places;
b
omit paragraph (5);
c
in paragraph (7) omit “, (5)”;
d
in paragraph (10) omit “20(1) or”; and
e
in paragraph (11)—
i
for “Paragraphs (5) and (6) do”, substitute “Paragraph (6) does”; and
ii
omit “19(4) or”.
4
In Part 1 of the Schedule, omit paragraph 4(16).
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007
89
Omit paragraph 1(2)(b)(i) of Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (functions under the 2000 Act)232.
The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008
90
1
The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 are modified as follows.
2
In regulation 5(2) (licences), omit sub-paragraph (f).
3
In regulation 5(3)(d)233, for “a chief constable of a police force in Scotland” substitute “the chief constable of the Police Service of Scotland”.
Employment and Support Allowance Regulations 2008
91
In regulation 43(1)(e)(iii) of the Employment and Support Allowance Regulations 2008 (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work)234, for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.
The Police Act 1997 (Criminal Records) Regulations 2009
92
In regulation 2 of the Police Act 1997 (Criminal Records) Regulations 2009 (enhanced criminal record certificates: police forces)235, omit sub-paragraphs (c) and (d).
Road Vehicles (Approval) Regulations 2009
93
In regulation 5(8) of the Road Vehicles (Approval) Regulations 2009 (scope of the regulations)236, in the definition of “fire and rescue authority”—
a
in sub-paragraph (a), omit head (ii); and
b
after sub-paragraph (b), insert—
and
c
in Scotland means the Scottish Fire and Rescue Service;
The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009
94
In regulation 2 of the Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009 (enhanced criminal record certificates: police forces)237, omit sub-paragraphs (c) and (d).
The Ministry of Defence Police (Conduct) Regulations 2009
95
1
The Ministry of Defence Police (Conduct) Regulations 2009238 are modified as follows.
2
In regulation 3 (interpretation and delegation)—
a
in paragraph (1)—
i
insert in the appropriate place ““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;”;
ii
in the definition of “HMCIC” for sub-paragraph (b) substitute—
b
in relation to Scotland, an inspector of constabulary appointed under section 71 of the 2012 Act (Her Majesty’s inspectors of constabulary in Scotland);
b
in sub-paragraph (2)(c), for head (vi), substitute—
vi
the Police Service of Scotland;
The Ministry of Defence Police Appeals Tribunals Regulations 2009
96
1
The Ministry of Defence Police Appeals Tribunals Regulations 2009239 are modified as follows.
2
In regulation 3 (interpretation) insert in the appropriate place ““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;”.
3
In regulation 5 (appointment and composition of police appeals tribunal)—
a
in paragraph (2)(b), for head (i) substitute—
i
one shall be a person chosen from a panel of persons maintained by the Lord President of the Court of Session for the purposes of schedule 3 to the 2012 Act (police appeals tribunals);
b
in paragraph (2)(b), for head (iii) substitute—
iii
one shall be HMCIC or a person who has within the previous five years been an inspector of constabulary for the purposes of section 71 of the 2012 Act (Her Majesty’s inspectors of constabulary in Scotland) or section 33 of the 1967 Act (Inspectors of Constabulary).
c
in paragraph (4)(b)(i) for “list” substitute “panel”;
d
in paragraph (4)(b), for head (iii) substitute—
iii
one shall be a person chosen from the list maintained immediately before the day on which this paragraph comes into force by the Scottish Ministers for the purposes of paragraph 2(1)(c) of Schedule 3 to the 1967 Act of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the force; and
Regulation of Investigatory Powers (Communications Data) Order 2010
97
1
The Regulation of Investigatory Powers (Communications Data) Order 2010 is modified as follows.
2
In Schedule 1—
a
for the entry for a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 substitute—
The Police Service of Scotland
Superintendent
Inspector
Section 22(2)(a), (b), (c) (d), (e) and (g)
Article 2(b)
b
omit the entry for the Scottish Crime and Drug Enforcement Agency.
3
In Part 1 of Schedule 2240—
a
omit the entry for a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
b
for the entry for a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 or a joint fire and rescue board within the meaning of section 5 of that Act substitute—
The Scottish Fire and Rescue Service
Fire Control Officer
—
Section 22(2)(g)
c
after the entry for the Office of the Police Ombudsman for Northern Ireland insert—
The Police Investigations and Review Commissioner
Commissioner or Director of Investigations
—
Section 22(2)(b) Article 2(b)
4
In Part 2 of Schedule 2241—
a
in the entry for a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, omit the second row (which relates to the Principal Fire Control Officer or Group Manager);
b
for the entry for a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 or a joint fire and rescue board within the meaning of section 5 of that Act substitute—
The Scottish Fire and Rescue Service
Principal Fire Control Officer or Group Manager
—
Section 22(2)(b) and (d)
Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010
98
Part 1 of Schedule 1 to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010242 is modified as follows—
a
for the entry for a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 substitute—
The Police Service of Scotland
Superintendent
Inspector
Paragraphs (a), (b), (c), (d) and (e)
b
omit the entry for the Scottish Crime and Drug Enforcement Agency.
The Pyrotechnic Articles (Safety) Regulations 2010
99
1
The Pyrotechnic Articles (Safety) Regulations 2010243 are modified as follows.
2
In regulation 3(2)(a) (scope and exclusions)—
a
for head (iii), substitute—
iii
the Police Service of Scotland,
b
for head (xii), substitute—
xii
the Scottish Fire and Rescue Service, or
c
omit head (x).
The Ministry of Defence Police (Performance) Regulations 2012
100
In regulation 4 of the Ministry of Defence Police (Performance) Regulations 2012 (interpretation and delegation)244 in paragraph (1) in the definition of “alternative police force” for sub-paragraph (f) substitute—
f
the Police Service of Scotland; or
SCHEDULE 3TRANSITIONAL AND SAVINGS PROVISIONS
Transitional provisions: firearms1
1
Any authorisation, certificate or permit granted, or approval given, by a Scottish chief officer in exercise of powers conferred by the 1968 Act245 or the 1988 Act246 is to be treated on and after the relevant day as if it had been granted or given by the chief constable of the Police Service of Scotland.
2
Paragraph (3) applies to an application made under the 1968 Act or the 1988 Act to a Scottish chief officer—
a
for the grant or renewal of a firearm certificate or a shot gun certificate, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a certificate or (as the case may be) a renewal;
b
for the variation of a firearm certificate, but in respect of which no decision has been taken before the relevant day either to vary or refuse to vary the certificate;
c
for a visitor’s firearm permit or a visitor’s shot gun permit, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a permit;
d
for the issue or renewal of a European firearms pass, but in respect of which no decision has been taken before the relevant day either to issue or refuse to issue a pass or (as the case may be) renew or refuse to renew a pass;
e
for registration as a firearms dealer, but which has not been determined before the relevant day;
f
for registration by a registered firearms dealer of a new place of business, but which has not been determined before the relevant day;
3
Where this paragraph applies an application is to be treated on and after the relevant day as if it had been made to the chief constable of the Police Service of Scotland (and is to be determined accordingly).
4
Where a Scottish chief officer has, by virtue of section 30D(1) or (2)(b)247 or section 52(2) of the 1968 Act, by notice in writing ordered the holder of a firearms certificate to surrender or (as the case may be) deliver up that certificate and that certificate has not been surrendered or delivered up before the relevant day that notice is to be treated on and after the relevant day as having been given by the chief constable of the Police Service of Scotland.
5
Where a Scottish chief officer has, by virtue of section 12(1) of the 1988 Act248, by notice in writing required the holder of a firearms certificate to surrender that certificate, any firearms or any ammunition which are in the holder’s possession by virtue of that certificate and that certificate, those firearms or that ammunition has not before the relevant day been surrendered or delivered up, that notice is to be treated on and after the relevant day as having been given by the chief constable of the Police Service of Scotland.
Savings provision: data protection2
Despite paragraph 28 of Schedule 2 to this Order, paragraph (b) in the first entry in the first column in the Table in section 56(6) of the Data Protection Act 1998249 continues to have effect in relation to records obtained before the relevant day.
Transitional provisions: regulation of investigatory powers3
1
Anything done under the 2000 Act250 before the relevant day by or in relation to the chief constable of a police force maintained under the 1967 Act251 or the Director General of the Scottish Crime and Drug Enforcement Agency is, on and after that day, to be treated as having been done by or in relation to the chief constable of the Police Service of Scotland.
2
Anything else done under the 2000 Act before the relevant day by or in relation to a constable serving with a police force maintained under the 1967 Act or as a member of the Scottish Crime and Drug Enforcement Agency is, on and after that day, to be treated as having been done by or in relation to the constable while serving as a constable of the Police Service of Scotland.
Transitional provision: agreements with Police Complaints Commissioner for Scotland4
Any reference in an agreement made under article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007252 to the Police Complaints Commissioner for Scotland is to be read as a reference to the Commissioner.
Transitional provision: officers engaged on service outwith their force5
Section 97 of the 1996 Act (police officers engaged on service outside their force)253 applies in relation to a member of a police force (within the meaning of section 101 of that Act)254 transferred to be on temporary service to the Police Service of Scotland, on the relevant day, by the 2012 Act255 as if such service were relevant service for the purposes of section 97 of the 1996 Act.
Transitional provisions: declarations
6
A member of the Ministry of Defence Police who, before the relevant day has made a declaration in pursuance of section 1(2)(b) of the 1987 Act256 is, on and after that day, to be treated as having made the declaration required by section 10 of the 2012 Act.
7
A constable or special constable of the British Transport Police Force who, before the relevant day has made a declaration in pursuance of section 24(4) or, as the case may be, 25(4) of the Railways and Transport Safety Act 2003257 is, on and after that day, to be treated as having made the declaration required by section 10 of the 2012 Act.
Transitional provision: bail8
Any direction given under section 8(6) of the Bail Act 1976 (bail with sureties)258 before the day on which paragraph 13 of Schedule 2 to this Order comes into force is, on or after that day, to be treated as a direction that arrangements be made for the recognizance of a surety to be entered into in Scotland before a constable of the Police Service of Scotland.
Transitional provisions: armed forces9
1
Any warrant existing immediately before the relevant day which was issued under the Armed Forces Act 2006259 and addressed to an officer or officers of a police force maintained under the 1967 Act is to be regarded on and after that day as if it had been issued and addressed to an officer of the Police Service of Scotland and may be executed accordingly.
2
For the purposes of sections 116260 and 119 of the Armed Forces Act 2006 (referral of case following investigation by service or civilian police and circumstances in which CO has power to charge etc), any investigation by a police force maintained under the 1967 Act before the relevant day may, on or after that day, be continued and, where appropriate, referred by the Police Service of Scotland.
Pensions: savings10
1
2
The amendments made by paragraphs 3, 7(3) and 8(2) of Schedule 2 to this Order do not affect the operation of the Acts modified by those paragraphs in relation to special constables or police cadets appointed under the 1967 Act.
3
The amendments made by paragraph 7(2) of Schedule 2 to this Order do not affect the operation of the Pensions (Increase) Act 1971263 in relation to service of any of the following kinds by any person—
a
temporary service in accordance with section 12A(2) of the 1967 Act264;
b
service as an inspector or assistant inspector of constabulary under the 1967 Act;
c
central service pursuant to section 38 of the 1967 Act;
d
service in respect of which section 38A of the 1967 Act265 had effect.
4
The amendment made by paragraph 8(3) of Schedule 2 to this Order does not affect the operation of the Superannuation Act 1972266 in relation to employment by the Police Complaints Commissioner for Scotland.
5
6
The amendments made by paragraph 12 of Schedule 2 to this Order (other than the amendments made by sub-paragraph (3)(b) and (c)(iv) of that paragraph) do not affect the operation of the Police Pensions Act 1976269 in relation to service of any of the following kinds by any person—
a
temporary service in accordance with section 12A(2) of the 1967 Act;
b
central service pursuant to section 38 of the 1967 Act;
c
d
service with the Scottish Police Services Authority;
e
service as the Director General or Deputy Director General of, or as a police member of, the Scottish Crime and Drug Enforcement Agency.
Transitional and saving provision: transfer of functions11
1
The revocation, by virtue of paragraph 78(2) and paragraph 89 of Schedule 2 to this Order of the transfer to the Scottish Ministers of the functions conferred by section 32A274 of the 1967 Act and section 5 of the 2000 Act does not affect the validity of anything done (or having effect as if done) by or in relation to the Scottish Ministers, for the purposes of or in connection with any such function, at any time before the date on which the revocation takes effect.
2
Anything (including legal proceedings) which, at the time the modifications in paragraph 78(3) and paragraph 83 of Schedule 2 to this Order take effect, is in the process of being done by or in relation to the Scottish Ministers may, so far as it relates to any function the transfer of which is modified by those paragraphs, be continued on the date of the modification by or in relation to them.
3
Anything done (or having effect as if done) by or in relation to the Scottish Ministers for the purposes of or in connection with any function the transfer of which is modified by paragraph 78(3) or paragraph 83 of Schedule 2 to this Order has effect, if in force at the time when the modification takes effect, as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect on and after the date of the modification.
Transitional provisions: criminal offences12
1
Any criminal offence committed before the relevant day by an office-holder or body mentioned in column 1 of the Table below is, on and after that day, to be regarded for all purposes as if it had been committed by the office-holder or body mentioned in column 2 of the Table and criminal proceedings may be instituted or continued against the office-holder or body accordingly.
Column 1 | Column 2 |
|---|---|
Chief constable of a police force maintained under the 1967 Act | Chief constable of the Police Service of Scotland |
Police force maintained under the 1967 Act | Police Service of Scotland |
Police authority or joint police board established under the 1967 Act | Scottish Police Authority |
Relevant authority (within the meaning of the 2005 Act)275 | Scottish Fire and Rescue Service |
Scottish Police Services Authority | Scottish Police Authority |
Director General of the Scottish Crime and Drug Enforcement Agency established and maintained under the 2006 Act276 | Chief constable of the Police Service of Scotland |
2
Paragraph (1) does not apply in relation to any offence committed by an office-holder in a personal capacity.
Transitional provisions: arrangements with Ministry of Defence Police13
1
Sub-paragraphs (2) and (3) apply to any arrangement—
a
made under section 2A of the 1987 Act277 between the chief constable of the Ministry of Defence Police and a Scottish chief officer; and
b
subsisting immediately before the relevant day.
2
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 2A of the 1987 Act between the chief constable of the Police Service of Scotland and the chief constable of the Ministry of Defence Police.
3
Any member of the Ministry of Defence Police provided for the assistance of a police force in pursuance of an arrangement to which this sub-paragraph applies—
a
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
b
while providing such assistance—
i
is under the direction and control of the chief constable of that Service; and
ii
has all the powers and privileges of a constable of that Service.
Transitional provisions: arrangements with British Transport Police Force
14
1
Sub-paragraphs (2) and (3) apply to any arrangement—
a
made under section 11 of the 1967 Act278 between the chief constable of the British Transport Police Force and the chief constable of a police force;
b
subsisting immediately before the relevant day; and
c
by virtue of which assistance is given from the resources of the British Transport Police Force to that police force.
2
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under article 5 of this Order between the chief constable of the British Transport Police Force and the chief constable of the Police Service of Scotland.
3
Any constable of the British Transport Police Force provided for the assistance of a police force in pursuance of an arrangement to which this sub-paragraph applies—
a
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
b
while providing such assistance—
i
is under the direction and control of the chief constable of that Service; and
ii
has all the powers and privileges of a constable of that Service.
4
Sub-paragraphs (5) and (6) apply to any arrangement—
a
made under section 11 of the 1967 Act between the chief constable of a police force and the chief constable of the British Transport Police Force;
b
subsisting immediately before the relevant day; and
c
by virtue of which assistance is given from the resources of that police force to the British Transport Police Force.
5
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under article 6 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the British Transport Police Force.
6
Any constable of a police force provided for the assistance of the British Transport Police Force in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—
a
to be provided for the assistance of the British Transport Police Force;
b
to be under the direction and control of the chief constable of that Force while providing such assistance; and
c
to have all the powers and privileges of a constable of that Force for that purpose.
15
Where a constable of the British Transport Police Force is, immediately before the relevant day, assisting a constable of a police force in pursuance of a request made under section 100 of the Anti-terrorism, Crime and Security Act 2001279—
a
that request is to be treated, on and after the relevant day, as having been made by a constable of the Police Service of Scotland; and
b
the constable of the British Transport Police Force has all the powers and privileges of a constable of the Police Service of Scotland for the purposes of the incident, investigation or operation in relation to which the constable of the British Transport Police Force is providing assistance.
16
1
Sub-paragraph (2) applies to any agreement—
a
made under section 12 of the 1967 Act280 between the chief constable of a police force and the chief constable of the British Transport Police Force; and
b
subsisting immediately before the relevant day.
2
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the British Transport Police Force.
3
Sub-paragraph (4) applies to any agreement—
a
made under section 12 of the 1967 Act between a police authority and the British Transport Police Authority; and
b
subsisting immediately before the relevant day.
4
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the Scottish Police Authority and the British Transport Police Authority.
Transitional provision: arrangements with Civil Nuclear Constabulary17
1
Sub-paragraph (2) applies to any agreement—
a
made under section 12 of the 1967 Act between the chief constable of a police force and the chief constable of the Civil Nuclear Constabulary; and
b
subsisting immediately before the relevant day.
2
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the Civil Nuclear constabulary.
3
Sub-paragraph (4) applies to any agreement—
a
made under section 12 of the 1967 Act between a police authority and the Civil Nuclear Police Authority; and
b
subsisting immediately before the relevant day.
4
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the Scottish Police Authority and the Civil Nuclear Police Authority.
5
In this paragraph and paragraphs 14 to 16—
a
b
“police force” means a police force maintained by a police authority.
Transitional provisions: arrangements with police forces in England and Wales and the Police Service of Northern Ireland18
1
Sub-paragraphs (2) to (4) apply to any arrangement—
a
made under section 98 of the 1996 Act283 between a Scottish chief officer and an England and Wales chief officer; and
b
subsisting immediately before the relevant day.
2
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 98 of the 1996 Act between the chief constable of the Police Service of Scotland and the England and Wales chief officer with whom the arrangement was made.
3
Any constable of a police force in Scotland provided for the assistance of a police force in England and Wales in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—
a
to be provided for the assistance of that force;
b
to be under the direction and control of the chief officer of that force while providing such assistance; and
c
to have all the powers and privileges of a constable of that force for that purpose.
4
Any constable of a police force in England and Wales provided for the assistance of a police force in Scotland in pursuance of an arrangement to which this sub-paragraph applies—
a
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
b
while providing such assistance—
i
is under the direction and control of the chief constable of that Service; and
ii
has all the powers and privileges of a constable of that Service.
5
Sub-paragraphs (6) to (8) apply to any arrangement—
a
made under section 98 of the 1996 Act between a Scottish chief officer and the chief constable of the Police Service of Northern Ireland; and
b
subsisting immediately before the relevant day.
6
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 98 of the 1996 Act between the chief constable of the Police Service of Scotland and the chief constable of the Police Service of Northern Ireland.
7
Any constable of a police force in Scotland provided for the assistance of the Police Service of Northern Ireland in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—
a
to be provided for the assistance of that Service;
b
to be under the direction and control of the chief constable of that Service while providing such assistance; and
c
to have all the powers and privileges of a constable of that Service for that purpose.
8
Any constable of the Police Service for Northern Ireland provided for the assistance of a police force in Scotland in pursuance of an arrangement to which this sub-paragraph applies—
a
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
b
while providing such assistance—
i
is under the direction and control of the chief constable of that Service; and
ii
has all the powers and privileges of a constable of that Service.
9
In this paragraph “England and Wales chief officer” means a chief officer of a police force maintained under the 1996 Act.
Transitional and saving provision: costs of policing at gas facilities19
1
Any agreement made under section 13 of the 1967 Act284 in relation to the provision of extra police services subsisting immediately before the date this Order comes into force is, on and after that date, to continue to subsist subject to sub-paragraph (2).
2
On the date this Order comes into force any interest of the police authority or joint police board in any such agreement transfers to the Scottish Police Authority and any interest of the chief constable of the police force in any such agreement transfers to the chief constable of the Police Service of Scotland.
3
Despite paragraph 60(6) of Schedule 2 to this Order, on and after the date this Order comes into force, section 88 of the Counter-Terrorism Act 2008285 continues to have effect, in relation to any agreement made under section 13 of the 1967 Act, as it had effect immediately before that date.
4
In this paragraph—
“police force” means a police force maintained under the 1967 Act;
“extra police services” has the meaning given by section 86(2)(b) of the Counter-Terrorism Act 2008; and
“joint police board” and “police authority” mean a joint police board or police authority established under section 2(1) or 19(1) of the 1967 Act respectively.
(This note is not part of the Order)