The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018
Introductory
1Citation
2Commencement
3Extent
4Meaning of the 2016 Act
Criminal investigations
5Cross-border enforcement by constables of territorial police forces
6Exercise of functions by constables and members of non-territorial police organisations
7Exercise of functions by other officials
Service offences etc.
8Service offences etc.
Extradition
9Persons arrested in connection with extradition proceedings
Codes of practice under the 2016 Act
10Code of practice about investigative functions
11Code of practice about searches
12Duty of other officials to have regard to code of practice about searches
Further modifications of enactments
13Legal Aid (Scotland) Act 1986
14Criminal Justice and Public Order Act 1994
15Criminal Procedure (Scotland) Act 1995
16Criminal Law (Consolidation) (Scotland) Act 1995
17Crime and Disorder Act 1998
18Terrorism Act 2000
19Finance Act 2007
20UK Borders Act 2007
21Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011
22Crime and Courts Act 2013
23Immigration Act 2016
242016 Act
SCHEDULE 1Cross-border enforcement by constables of territorial police forces
1Modification of Part 10 of the Criminal Justice and Public Order Act 1994
2In section 136 (execution of warrants)— (a) before subsection (5)...
3In section 137 (cross-border powers of arrest etc.)—
4After section 137 insert— Arrest under section 136 or 137...
5In section 138 (powers of arrest: supplementary provisions)—
6In section 140(4), for the words from “the arrested” to...
SCHEDULE 2Exercise of functions by constables and members of non-territorial police organisations
1Application of 2016 Act to Ministry of Defence Police
2Application of 2016 Act to British Transport Police Force
3Application of 2016 Act to Civil Nuclear Constabulary
SCHEDULE 3Exercise of functions by officials other than police constables
PART 1General
1Interpretation
PART 2Application of 2016 Act to immigration officers
Introductory
2Application of 2016 Act in relation to immigration officers
General adaptations
3General adaptations
Specific adaptations
4Section 11 (authorisation for keeping in custody beyond 12 hour limit)
5Section 66 (cases involving removal of person)
Supplementary
6Immigration custody
7Powers of search etc. under other enactments
PART 3Application of 2016 Act to designated customs officials
Introductory
8Application of 2016 Act in relation to designated customs officials
General adaptations
9General adaptations
Specific adaptations
10Section 1 (power of a designated customs official)
11Section 11 (authorisation for keeping in custody beyond 12 hour limit)
12Section 66 (cases involving removal of person)
Supplementary
13Customs custody
14Powers of search etc. under other enactments
PART 4Application of 2016 Act to officers of Revenue and Customs
Introductory
15Application of 2016 Act in relation to officers of Revenue and Customs
General adaptations
16General adaptations
Specific adaptations
17Section 1 (power of an officer of Revenue and Customs)
18Section 11 (authorisation for keeping in custody beyond 12 hour limit)
19Section 65 (limitation on what enables search of person not in custody)
20Section 66 (cases involving removal of person)
Supplementary
21Revenue and Customs custody
22Powers of search etc. under other enactments
PART 5Application of 2016 Act to designated NCA officers
23Application to designated NCA officers: adaptations
PART 6Transfers and co-operation
24Transfer
25Co-operation
SCHEDULE 4Application of Part 1 of 2016 Act in relation to service offences etc.
1General
2Arrest under warrant of judge advocate
3Arrest of deserters and absentees without leave
4Deserters and absentees without leave surrendering to constable
5Surrender of deserters and absentees: transfer to service custody
6Surrender of deserters and absentees: bringing before court of summary jurisdiction
7Surrender of deserters and absentees: transfer to service custody
8Arrest under warrant under section 317 of Armed Forces Act 2006
9Arrest of persons unlawfully at large
SCHEDULE 5Persons arrested in connection with extradition proceedings
1Modification of the Criminal Procedure (Scotland) Act 1995
2Modification of the 2016 Act

2018 No. 46

Constitutional Law
Devolution, Scotland
Criminal Procedure

The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018

Made

Coming into force in accordance with article 2

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(4) and (5) of the Scotland Act 19981.

In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.