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Regulation of Investigatory Powers (Scotland) Act 2000

Codes of practice

Section 24:  Issue and revision of codes of practice

102.This sections deals with the issuing of one or more codes of practice to explain in greater detail the practical arrangements relating to the use of the provisions of this Act.

103.Subsections (1) and (2) require the Scottish Ministers to issue one or more codes of practice covering the powers and duties in this Act and those relating to interference with property or wireless telegraphy under Part III of the Police Act 1997.

104.Subsections (3) and (4) require the Scottish Ministers to consult on any code of practice and lay a draft of the code of practice before Parliament.

105.Subsection (5) provides that a code of practice issued by the Scottish Ministers under this section shall not be brought into force except in accordance with an order made by them. Subsection (6) provides that such an order may contain transitional provisions and savings in connection with the bringing into force of the code of practice.

106.Subsection (7) provides that the Scottish Ministers may from time to time revise the whole or any part of a code and issue the revised code.

107.Subsection (8) provides that the provisions of subsections (3) to (6) apply (with appropriate modifications) in relation to the issue of any revised code as they apply in relation to the first issue of such a code.

108.Subsection (9) sets out the Parliamentary procedure for making an order under subsection (5). A draft of the order must be laid before and approved by a resolution of the Scottish Parliament before the order may be made.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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