Part 1 Police
Chapter 1 The Scottish Police Services Authority
The Scottish Police Services Authority
1.Establishment of the Scottish Police Services Authority
2.Duty to establish and maintain the Agency
3.Duty to provide the police support services
4.Strategic priorities of the Authority
5.Objectives of the Authority
6.Annual plans of the Authority
7.Annual reports of the Authority
8.Provision of information to the Scottish Ministers
9.Liability for wrongful acts of certain persons seconded to the Authority
11.Charges by the Authority and other receipts
The Scottish Crime and Drug Enforcement Agency
12.Members of the Agency
13.Strategic priorities of the Agency
14.Annual plans of the Agency
15.Annual reports of the Agency
16.General functions of Director General of the Agency
17.Powers of the Agency
18.Scottish Ministers' power to modify section 17
19.Disclosure of information by the Agency
20.Disclosure of information to the Agency
21.Direction by Director General of the Agency
22.Liability for wrongful acts of police members of the Agency
23.Regulations relating to the Agency
The police support services
24.The police support services: modification by order
25.Use of the police support services
26.Inspections of the Authority's services and the Agency
27.Inspections of the Authority at request of the Scottish Ministers
28.Reports on inspections: powers of the Scottish Ministers
29.Revision of inadequate action plan
Miscellaneous and general
31.Transfer of staff, property etc.
32.Interpretation of Chapter 1
Chapter 2 Complaints and misconduct
The Police Investigations and Review Commissioner
33.The Police Investigations and Review Commissioner
33A.General functions of the Commissioner
Supervision of complaints
34.“Relevant complaint” and “person serving with the police”
35.Examination of manner of handling of complaint
36.Duty of Commissioner not to proceed with certain complaint handling reviews
37.Appointment of person to reconsider complaint
38.Reconsideration of complaint: duties to keep persons informed
39.Power of Commissioner to discontinue reconsideration
40.Final reports on reconsideration
40A.Arrangements for handling relevant complaints
41.Appropriate authority in relation to a complaint
41A.Investigations under supervision of Lord Advocate or procurator fiscal
41B.Serious incidents involving the police
41C.Investigation of matters in the public interest
41D. Investigations: procedure etc.
41E.Reports on investigations
41F.Investigations: obstruction and contempt
42.General functions of the Commissioner
42A.Complaints against the Commissioner
43.Reports to the Scottish Ministers
44.Provision of information to the Commissioner
45.Power of Commissioner to issue guidance
46.Disclosure of information by and to the Commissioner
46A.Protection from actions for defamation
47.Interpretation of Chapter 2
Chapter 3 Other provisions
48.Allowances payable to special constables
49.Appointments of assistant inspectors of constabulary and staff officers
50.Constables engaged on service outside their force
Part 2 Public order etc.
Chapter 1 Football banning orders
Making and content of orders
51.Making of order on conviction of a football-related offence
52.Making of order on application to the sheriff
53.Content of order
54.Section 53: supplementary
55.“Football matches” and “regulated football matches”
56.“Violence” and “disorder”
Variation, termination, information and appeals
57.Variation of certain requirements of order
58.Termination of order
59.Information about making, varying or terminating order etc.
Enforcement of order in relation to foreign matches
61.Foreign matches: reporting and other requirements
62.Notices under section 61(4): further provision
63.Sections 61 and 62: guidance
64.Exemption from notice served under section 61(4)
65.Section 64: supplementary
66.Suspension of reporting requirements
67.Service of documents
68.Offences under this Chapter
69.Interpretation of Chapter 1
Chapter 2 Public processions
70.Notification of public processions
71.Powers and duties of local authorities
72.Minor amendments of 1982 Act
73.Increase in maximum term of imprisonment for certain offences
74.Amendment of requirements for exercise of certain powers of arrest
75.Sale of knives and articles with blade or point to young persons
76.Possession of prohibited fireworks: powers of search and arrest
Control of sex offenders
77.Powers to take data and samples from persons subject to notification requirements
78.Sex offender notification requirements
79.Information about release: power to require giving of specified information
80.Police powers of entry to and examination of relevant offender's home address
Part 3 Criminal justice
Powers in relation to suspects and witnesses
81.Power to require giving of certain information in addition to name and address
82.Power to take fingerprints to establish identity of suspect
Retention of samples etc.: prosecutions for sexual and violent offences
83.Retention of samples etc.: prosecutions for sexual and violent offences
Arrested persons: drug testing and reference for assessment
84.Testing of arrested persons for Class A drugs
85.Assessment following positive test under section 20A of the 1995 Act
86.Requirements under section 85: supplementary
87.Date, time and place of assessment
88.Failure to comply with requirements under sections 85 and 86
89.Guidance for the purposes of sections 85 to 88
90.Interpretation of sections 85 to 88
Offenders assisting investigations and prosecutions
91.Assistance by offender: reduction in sentence
92.Assistance by offender: review of sentence
93.Proceedings under section 92: exclusion of public
94.Section 92: further provision
95.Sentencing: consideration of undisclosed information
96.Appeals etc. in the High Court: undisclosed information
96A.Appeals etc. in the Sheriff Appeal Court: undisclosed information
Conditional immunity from prosecution
97.Investigation and prosecution of crime: conditional immunity from prosecution
Enforcement of Sea Fisheries (Shellfish) Act 1967
98.Enforcement of Sea Fisheries (Shellfish) Act 1967
Part 4 General
99.Meanings of “the 1967 Act”, “the 1995 Act” and “the 2003 Act”
101.Modifications of enactments
Membership of the Scottish Crime and Drug Enforcement Agency
Transfers of staff and property
The Police Investigations and Review Commissioner
1.(1) The Commissioner— (a) is not a servant or agent...
Limitations on appointment
2.(1) A person is disqualified for appointment to the office...
Tenure and removal from office
3.(1) Subject to this paragraph and paragraph 4, a person...
4.The Commissioner is entitled to— (a) a salary of such...
5.(1) The Scottish Ministers may pay or make arrangements for...
Vacancy in office of Commissioner
6.(1) The Scottish Ministers may appoint a person (who may...
7.(1) The Commissioner may appoint such staff as the Commissioner...
7A.(1) The Commissioner may make arrangements for constables of the...
Staff involved in investigations
7B.(1) The Commissioner may designate— (a) any member of the...
8.The Commissioner may do anything which appears necessary or expedient...
9.(1) The Scottish Ministers are to pay—
10.The Commissioner must, in accordance with such directions as the...
Provision of information
11.(1) The Commissioner must provide the Scottish Ministers with all...
Section 53(2)(b): Relevant events etc.
1.For the purpose of section 53(2)(b)— (a) relevant events are...
2.In the table in paragraph 1— “details”, in relation to...
Modifications of enactments
Part 1 Acts
The Police (Scotland) Act 1967 (c. 77)
1.(1) The 1967 Act is modified as follows.
The Criminal Justice Act 1988 (c. 33)
2.In section 142(3) of the Criminal Justice Act 1988 (power...
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)
3.In Part II of Schedule 2 to the Criminal Procedure...
The Criminal Procedure (Scotland) Act 1995 (c. 46)
4.(1) The 1995 Act is modified as follows.
The Police Act 1996 (c. 16)
5.(1) The Police Act 1996 is modified as follows.
The Police Act 1997 (c. 50)
6.(1) The Police Act 1997 is modified as follows.
The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
7.In schedule 3 to the Ethical Standards in Public Life...
The Regulation of Investigatory Powers Act 2000 (c. 23)
8.In section 76A(11) of the Regulation of Investigatory Powers Act...
The Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
9.(1) The Regulation of Investigatory Powers (Scotland) Act 2000 is...
The Scottish Public Services Ombudsman Act 2002 (asp 11)
10.(1) The Scottish Public Services Ombudsman Act 2002 is amended...
The Freedom of Information (Scotland) Act 2002 (asp 13)
11.In schedule 1 to the Freedom of Information (Scotland) Act...
The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
12.In schedule 2 to the Public Appointments and Public Bodies...
The Serious Organised Crime and Police Act 2005 (c. 15)
13.(1) The Serious Organised Crime and Police Act 2005 is...
Part 2 Subordinate legislation
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 (S.S.I. 2000/343)
14.In the Schedule to the Regulation of Investigatory Powers (Prescription...