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

In paragraphs 1(6)120 and 2(6) of Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London)121, for paragraph (a) substitute—

a

the chief constable of the Police Service of Scotland; and

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

In section 97(1) (police officers engaged on service outside their force)123 omit paragraphs (ch) and (ci), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007124.

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

In sections 94(3)(a) (Part 2: supply of information to Secretary of State etc. for verification)170 and 95(2)(a) (Part 2: supply of information by Secretary of State etc.)171 of the Sexual Offences Act 2003 for “a chief constable” substitute “the chief constable of the Police Service of Scotland”.

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.”.

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;”.