SCHEDULE 6Modifications of enactments

Part 1Acts

The Police Act 1997 (c. 50)

6

1

The Police Act 1997 is modified as follows.

2

In section 93 (authorisations to interfere with property)—

a

in subsection (3), after paragraph (e) there is inserted—

f

if the authorising officer is within subsection (5)(j), by a police member of the Scottish Crime and Drug Enforcement Agency appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).

b

in subsection (5), after paragraph (i) there is inserted—

j

the Director General of the Scottish Crime and Drug Enforcement Agency.

c

in subsection (6), after paragraph (cb) there is inserted—

cc

in relation to the Director General of the Scottish Crime and Drug Enforcement Agency, means Scotland,

3

In section 94 (authorisations given in absence of authorising officer)—

a

in subsection (2), after paragraph (g) there is inserted—

h

where the authorising officer is within paragraph (j) of that subsection, by a person mentioned in subsection (5).

b

in subsection (4)—

i

in paragraph (a), the words “or (d)” and “or, as the case may be, section 5(4) of the Police (Scotland) Act 1967” are repealed; and

ii

after that paragraph there is inserted—

aa

in the case of an authorising officer within paragraph (d) of section 93(5), means the person holding the rank of—

i

deputy chief constable and, where there is more than one person in a police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967; or

ii

assistant chief constable who is designated to act under section 5A(2) of that Act;

c

after subsection (4) there is inserted—

5

The person referred to in subsection (2)(h) is—

a

the chief constable whose relevant area (within the meaning of section 93(6)(b)) is the area to which the application for authorisation relates; or

b

his designated deputy (within the meaning of subsection (4)(aa)); or

c

where it is not reasonably practicable for the chief constable or his designated deputy to consider the application, a person holding the rank of assistant chief constable in the chief constable's police force.

4

In section 95(7) (designated deputy permitted to exercise authorising officer's powers), for “or (d)” there is substituted “ “(d) or (j) ”.

5

In section 107(4) (power of Prime Minister to exclude matters from a report), after paragraph (b) there is inserted—

ba

the functions of the Scottish Crime and Drug Enforcement Agency;