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paragraph (a), the words “or (d)” and “or, as the case may be, section 5(4) of the Police (Scotland) Act 1967” are repealed; and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