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

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This is the original version (as it was originally enacted).

The Police (Scotland) Act 1967 (c. 77)

This section has no associated Explanatory Notes

1(1)The 1967 Act is modified as follows.

(2)In section 17(8) (section to be without prejudice to other enactments conferring power on constables), the words “to section 18 of this Act, and” are repealed.

(3)Section 26(2C) (requirement of discipline regulations to specify starting point of disciplinary proceedings for purpose of examination by inspectors of constabulary) is repealed.

(4)In section 38 (temporary service outside police force on police duties)—

(a)in subsection (3A)—

(i)for “section 38A(3)” there is substituted “subsection (3) of section 38A”;

(ii)the words “(ba) or” are repealed; and

(iii)for “the said section 38A(1)” there is substituted “subsection (1) of that section”; and

(b)after that subsection there is inserted—

(3AA)Notwithstanding anything in subsection (3) of section 38A of this Act, a person engaged on temporary service such as is mentioned in paragraph (bd) or (be), or service such as is mentioned in paragraph (bf), of subsection (1) of that section—

(a)shall continue to be a constable; and

(b)shall be treated for the purposes of the relevant enactments as if he were a constable of his police force.

(3AB)In subsection (3AA), “the relevant enactments” means sections 17(1), (4), (5) and (7A) and 43 of this Act..

(5)In section 38A (constable engaged on service outside force)—

(a)in subsection (1)—

(i)in paragraph (b), the words “on which a person is engaged with the consent of the appropriate authority” are repealed;

(ii)after paragraph (bc) there is inserted—

(bd)temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;

(be)temporary service with the Scottish Crime and Drug Enforcement Agency on which a person is engaged with the consent of the appropriate authority;

(bf)service as Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency on which a person is engaged with the consent of the appropriate authority;

(bg)temporary service as an assistant inspector of constabulary under section 56 of the Police Act 1996 (c. 16) on which the person is engaged with the consent of the appropriate authority;;

(iii)in paragraph (d), for “Royal Ulster Constabulary” there is substituted “Police Service of Northern Ireland”; and

(iv)in paragraph (f), for “2001” there is substituted “2002”;

(b)after subsection (5) there is inserted—

(5A)If, when engaged on relevant service to which subsection (1)(bf) applies, a person is promoted by virtue of paragraph 1(7) or 2(7) of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, paragraphs (a) and (b) of subsection (5) of this section apply as if the person had been promoted in his police force.;

(c)in subsection (6)(a), after “(bc),” there is inserted “(bd), (be), (bf), (bg)”; and

(d)in subsection (7)(b), for “Royal Ulster Constabulary” there is substituted “Police Service of Northern Ireland”.

(6)In section 40 (duty of police authorities and inspectors of constabulary to keep informed about the manner of dealing with police complaints), the words “and inspectors of constabulary” are repealed.

(7)Section 40A (which makes provision for the examination by inspectors of constabulary of the handling of complaints against constables) is repealed.

(8)In section 41(1) (assaults on constables etc.), paragraph (i) and, in paragraph (ii), the words “where he has, within the first-mentioned period, been convicted of an offence against this section,” are repealed.

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