Search Legislation

Police, Public Order and Criminal Justice (Scotland) Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police, Public Order and Criminal Justice (Scotland) Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Commencement Orders yet to be applied to the Police, Public Order and Criminal Justice (Scotland) Act 2006

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

The Scottish Crime and Drug Enforcement AgencyS

12Members of the AgencyS

(1)The Agency is to consist of—

(a)a Director General appointed in accordance with paragraph 1 of schedule 2;

(b)a Deputy Director General appointed in accordance with paragraph 2 of that schedule;

(c)police members appointed in accordance with paragraph 7 of that schedule; and

(d)support staff members appointed in accordance with paragraph 8 of that schedule.

(2)Schedule 2 (which contains provisions about the membership of the Agency) has effect.

13Strategic priorities of the AgencyS

(1)The Scottish Ministers may determine strategic priorities in relation to the carrying out of the functions of the Agency.

(2)In making a determination under subsection (1), the Scottish Ministers must not do anything which would, or might, affect decisions of the Agency about which particular operations are to be carried out by it in compliance with those priorities and how they are to be so carried out.

(3)Before making a determination under subsection (1) the Scottish Ministers must consult—

(a)the Authority;

(b)the Director General of the Agency;

(c)persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

(d)persons whom the Scottish Ministers consider represent the interests of police bodies.

(4)The Scottish Ministers must arrange for any determination under subsection (1) to be published in such manner as they consider appropriate.

14Annual plans of the AgencyS

(1)At least 3 months before the beginning of each financial year, the Director General of the Agency must—

(a)prepare; and

(b)submit to the Authority,

a plan setting out the proposed arrangements for the carrying out by the Agency of its functions during the year (the “annual plan”).

(2)The annual plan must specify—

(a)any strategic priorities determined under section 13(1);

(b)any directions such as are mentioned in section 30(2);

(c)the funding expected to be available to the Agency for the financial year to which the plan relates; and

(d)how the Director General proposes to allocate the funding.

(3)The Authority must, no later than 2 months from the date on which the annual plan is submitted to it—

(a)approve the plan as submitted; or

(b)approve the plan subject to such modifications as the Authority considers appropriate.

(4)The Authority must not, in pursuance of subsection (3)(b), make any modifications which would, or might, affect decisions of the Agency about which particular operations are to be carried out by it or how they are to be carried out.

(5)On the annual plan being approved by the Authority, the Director General must—

(a)publish it in such manner as the Director General considers appropriate; and

(b)send a copy of it to the persons specified in subsection (6).

(6)Those persons are—

(a)the Scottish Ministers;

(b)chief constables of police forces;

(c)police bodies; and

(d)such other persons as the Director General considers appropriate.

15Annual reports of the AgencyS

(1)As soon as practicable after the end of each financial year, the Director General of the Agency must—

(a)prepare; and

(b)publish in such manner as the Director General considers appropriate,

a report on the carrying out of the Agency's functions during the year (the “annual report”).

(2)The annual report must include an assessment of the extent to which the annual plan published by virtue of section 14 for the year to which the report relates has been implemented.

(3)The Director General must send a copy of the annual report to the Authority and to each of the persons mentioned in section 14(6)(a) to (d).

(4)The Scottish Ministers must lay a copy of any report sent to them by virtue of subsection (3) before the Scottish Parliament.

16General functions of Director General of the AgencyS

(1)The Agency is to be under the direction and control of the Director General.

(2)In carrying out the functions of the Director General, the Director General must have regard to the annual plan published by virtue of section 14.

17Powers of the AgencyS

(1)The Agency may—

(a)at the request of the chief constable of a police force, act in support of any activities of that force;

(b)at the request of any of the bodies mentioned in section 17(b) to (q), act in support of any activities of the body;

(c)enter into other arrangements for co-operating with persons (in the United Kingdom or elsewhere) whom it considers appropriate in connection with the carrying out of any of the functions conferred on the Agency by section 2(2).

(2)Despite the references to serious organised crime in subsection (2) of section 2, the Agency may carry on activities in relation to other crime if they are carried on for the purposes of any of the functions conferred on the Agency by that section.

(3)The Agency may furnish such assistance as it considers appropriate in response to requests made by any government or other body carrying out functions of a public nature in any country or territory outwith the United Kingdom.

(4)Subsection (3) does not apply to any request for assistance which could be made under section 13 of the Crime (International Co-operation) Act 2003 (c. 32) (requests by overseas authorities to obtain evidence).

18Scottish Ministers' power to modify section 17S

(1)The Scottish Ministers may by order modify section 17 so as to—

(a)confer additional powers on the Agency;

(b)remove powers from the Agency;

(c)amend powers of the Agency.

(2)Before making an order under subsection (1) the Scottish Ministers must consult—

(a)the Authority;

(b)the Director General of the Agency;

(c)persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

(d)persons whom the Scottish Ministers consider represent the interests of police bodies.

19Disclosure of information by the AgencyS

(1)Information obtained by the Agency in connection with any of its functions may be disclosed by it if the disclosure is for any permitted purposes.

(2)Permitted purposes” means the purposes of any of the following—

(a)the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;

(b)the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom;

(c)the exercise of any function conferred on the Agency by section 2 or 17 (so far as not falling within paragraph (a) or (b));

(d)the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);

(e)the exercise of any functions under Chapter 1 of Part 2 of this Act or Part 2 of the Football Spectators Act 1989 (c. 37), or of any similar functions under the law of any part of the United Kingdom other than Scotland or England and Wales or of any country or territory outside the United Kingdom;

(f)the exercise of any function which appears to the Scottish Ministers to be a function of a public nature and which they designate by order.

(3)A disclosure under this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure; or

(b)any other restriction on the disclosure of information (however imposed).

(4)Information disclosed by the Agency under this section to any person or body must not be further disclosed except—

(a)for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by the Agency, or otherwise for any permitted purposes; and

(b)with the consent of the Agency.

(5)Consent under subsection (4) may be given—

(a)in relation to a particular disclosure; or

(b)in relation to disclosures made in circumstances specified or described in the consent.

20Disclosure of information to the AgencyS

(1)Any person may disclose information to the Agency if the disclosure is made for the purposes of the exercise by the Agency of any of its functions.

(2)A disclosure under this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure; or

(b)any other restriction on the disclosure of information (however imposed).

21Direction by Director General of the AgencyS

(1)The performance by—

(a)the Deputy Director General of the Agency of the Deputy Director General's functions; and

(b)a police member of the Agency of the member's functions,

is subject to the direction of the Director General.

(2)In giving direction under subsection (1) the Director General must comply with any instructions (whether general or special) falling within subsection (3).

(3)Those instructions are—

(a)in relation to the investigation of offences, any instructions given to the Director General by the Lord Advocate or the procurator fiscal; and

(b)in relation to the reporting, for consideration of the question of prosecution, of alleged offences, any instructions given to the Director General by the Lord Advocate.

22Liability for wrongful acts of police members of the AgencyS

(1)The Director General of the Agency is liable in reparation in respect of any wrongful act or omission on the part of any police member in the performance or purported performance of the member's functions in the same manner as an employer is liable in respect of a wrongful act or omission on the part of the employer's employee in the course of the employee's employment.

(2)The Authority is to pay—

(a)any damages or expenses awarded against the Director General of the Agency in any proceedings brought against the Director General by virtue of this section and any expenses incurred by the Director General in any proceedings so brought so far as not recovered by the Director General in those proceedings;

(b)any sum required in order to enable the Director General of the Agency to settle any claim made against the Director General by virtue of this section, if the settlement is approved by the Authority.

(3)Any proceedings in respect of a claim made by virtue of this section may be brought only against the Director General of the Agency for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in this section to the Director General of the Agency are to be construed accordingly.

(4)The Authority may, in such cases and to such extent as appear to it to be appropriate, pay—

(a)any damages or expenses awarded against a police member in proceedings arising from any wrongful act or omission on the part of the member;

(b)any expenses incurred and not recovered by such a member in such proceedings; and

(c)any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

(5)Any reference in this section to a police member is a reference to a person appointed as a police member of the Agency in accordance with paragraph 7 of schedule 2.

23Regulations relating to the AgencyS

(1)The Scottish Ministers may make regulations as to the government and administration of the Agency and conditions of service with the Agency.

(2)Regulations under subsection (1) may in particular make provision for or in connection with—

(a)the qualifications for appointment by virtue of paragraph 7(2)(c) of schedule 2 of police members of the Agency;

(b)periods of service on probation for police members appointed by virtue of that paragraph;

(c)the police ranks to be held by police members;

(d)the promotion of police members;

(e)voluntary retirement of police members;

(f)the efficiency and effectiveness of police members;

(g)the conduct and discipline of police members;

(h)the suspension of police members from membership of the Agency and from the office of constable;

(i)the duties which are or are not to be performed by police members;

(j)the treatment as occasions of police duty of attendance at meetings of Police Federations and any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 (c. 16);

(k)the hours of duty, leave, pay and allowances of police members;

(l)the maintenance of personal records of police members;

(m)the issue, use and return of—

(i)personal equipment; and

(ii)police clothing.

(3)Regulations under subsection (1) may authorise the Scottish Ministers, the Authority or the Director General of the Agency to make provision for any purpose specified in the regulations.

(4)In relation to any matter as to which provision may be made by regulations under subsection (1), the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Scottish Ministers, the Authority, the Director General of the Agency or other persons; or

(b)authorise or require the delegation by any person of functions conferred on the person by virtue of the regulations.

(5)Regulations under subsection (1) must provide for the making of such arrangements as to the hours of duty of police members as shall secure that every such member (not being above such rank as may be specified in the regulations) be allowed at least 52 days in a year on which the member is not required to perform police duty (save on occasions of emergency), such days being distributed throughout the year with the object of securing, so far as practicable, to every such member one day's rest in every 7.

(6)Regulations under subsection (1) which make provision for or in connection with pay and allowances may be made with retrospective effect to any date specified in the regulations; but nothing in this subsection is to be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

(7)Regulations under subsection (1) as to conditions of service must secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(8)Subsection (7) does not apply to appointments made by virtue of paragraph 7(2)(a) of schedule 2.

(9)Any reference in this section (other than subsection (2)(a) and (b)) to a police member is a reference to a person appointed as a police member of the Agency in accordance with paragraph 7 of schedule 2.

(10)Before making regulations under subsection (1) other than regulations with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—

(a)submit a draft to the Police Advisory Board for Scotland; and

(b)consider any representations made by the Board as to the draft.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources