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;