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Police and Fire Reform (Scotland) Act 2012

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 Police reform

    1. CHAPTER 1 The Scottish Police Authority

      1. 1.The Scottish Police Authority

      2. 2.Functions of the Authority

      3. 3.Maintenance of the police

      4. 4.General powers of the Authority

      5. 5.Directions

    2. CHAPTER 2 The Police Service of Scotland

      1. The Police Service of Scotland

        1. 6.The Police Service of Scotland

      2. Constables: appointment, ranks and terms of office

        1. 7.Senior officers

        2. 8.Regular constables

        3. 9.Special constables

        4. 10.Constable’s declaration

        5. 11.Ranks

        6. 12.Constables: terms of office

        7. 13.Rewards

        8. 14.Senior officers: resignation or retirement for efficiency or effectiveness

        9. 15.Temporary service outwith the Police Service of Scotland

        10. 16.Temporary service as constable of the Police Service of Scotland

      3. Chief constable

        1. 17.Chief constable’s responsibility for the policing of Scotland

        2. 18.Delegation of chief constable’s functions

      4. Functions of constables

        1. 19.Constables: functions and jurisdiction

        2. 20.Constables: general duties

        3. 21.Direction and control of the Police Service

        4. 22.Failure to perform duty

        5. 23.Failure to return equipment

        6. 24.Liability for unlawful conduct

      5. Police cadets

        1. 25.Police cadets

      6. Police staff

        1. 26.Police staff

        2. 27.Terms and conditions of police staff

        3. 28.Police custody and security officers

        4. 29.Certification of police custody and security officers

        5. 30.False statements in relation to certification

    3. CHAPTER 3 Forensic services

      1. 31.Forensic services

    4. CHAPTER 4 Principles, priorities, objectives and plans

      1. 32.Policing principles

      2. 33.Strategic police priorities

      3. 34.Strategic police plan

      4. 35.Annual police plans

      5. 36.Planning functions: considerations

    5. CHAPTER 5 Best value

      1. 37.Best value

      2. 38.Best value: further provision

    6. CHAPTER 6 Annual reports, accounts, audit and examination

      1. 39.The Scottish Police Authority’s annual report

      2. 40.Accounts

      3. 41.Audit

      4. 42.Examination of Police Service by Auditor General

      5. 43.Examinations of Scottish Police Authority by Auditor General

    7. CHAPTER 7 Local policing

      1. 44.Local policing

      2. 45.Local authority role in policing

      3. 46.Duty to participate in community planning

      4. 47.Local police plans

    8. CHAPTER 8 Governance and administration of police

      1. 48.Governance and administration of police

      2. 49.Appointments, promotions etc.

      3. 50.Conditions of service

      4. 51.Regulations: duties

      5. 52.Disciplinary procedures: conduct and performance

      6. 53.Personal records

      7. 54.Consultation on regulations

      8. 55.Regulations: supplementary

    9. CHAPTER 9 Police appeals tribunals

      1. 56.Right to appeal to police appeals tribunal

      2. 57.Representation

      3. 58.Determinations by tribunal

      4. 59.Powers to obtain information

    10. CHAPTER 10 Complaints and investigations

      1. 60.Complaints handling

      2. 61.The Police Investigations and Review Commissioner

      3. 62.General functions of the Police Investigations and Review Commissioner

      4. 63.Investigations under supervision of Lord Advocate or procurator fiscal

      5. 64.Serious incidents involving the police

      6. 65.Investigations of other matters in the public interest

      7. 66.Investigations: procedure etc.

      8. 67.Reports on investigations

      9. 68.Investigations: obstruction and contempt

      10. 69.Complaints against the Commissioner

      11. 70.Protection from actions for defamation

    11. CHAPTER 11 Her Majesty’s inspectors of constabulary in Scotland

      1. 71.Her Majesty’s inspectors of constabulary in Scotland

      2. 72.Assistant inspectors of constabulary

      3. 73.Staff officers

      4. 74.Functions of inspectors

      5. 75.HMICS plan

      6. 76.HMICS powers

      7. 77.Duty to assist and co-operate with HMICS

      8. 78.HMICS reports: inquiries directed by Scottish Ministers

      9. 79.HMICS reports: other inquiries

      10. 80.Inquiry reports: consideration and action

      11. 81.Power to give directions after adverse HMICS report

      12. 82.HMICS annual report

    12. CHAPTER 12 Co-operation, exchange of information etc.

      1. 83.Co-operation between Scottish Police Authority and Police Service

      2. 84.Police information

      3. 85.Scrutiny and investigations: co-operation and information sharing

    13. CHAPTER 13 Provision of goods and services

      1. 86.Provision of police services

      2. 87.Provision of other goods and services

    14. CHAPTER 14 Grants

      1. 88.Police grants

      2. 89.Grants to other persons

    15. CHAPTER 15 Offences

      1. 90.Assaulting or impeding police

      2. 91.Escape from custody

      3. 92.Impersonation etc.

    16. CHAPTER 16 Independent custody visiting

      1. 93.Purpose of custody visiting

      2. 94.Independent custody visiting

      3. 95.SPT visits

      4. 96.Interpretation of Chapter 16

    17. CHAPTER 17 Miscellaneous and general

      1. 97.Dissolution of the Police Advisory Board for Scotland

      2. 98.Transitional and transitory provision

      3. 99.Interpretation of Part 1

      4. 100.Crown application

  3. PART 2 Fire reform

    1. The Scottish Fire and Rescue Service

      1. 101.The Scottish Fire and Rescue Service

    2. Functions

      1. 102.Promotion of fire safety

      2. 103.Fire safety: enforcement

      3. 104.Fire-fighting

      4. 105.Road traffic accidents

      5. 106.Conferral of functions in relation to other emergencies

      6. 107.Power to respond to other eventualities

      7. 108.Provision of other services

      8. 109.Provision of centres for education and training

      9. 110.Charging

    3. Further amendments of 2005 Act

      1. 111.Assistance

      2. 112.Delegation

      3. 113.Best value

      4. 114.Strategic plan

      5. 115.Local fire and rescue plans

      6. 116.Annual report

      7. 117.Provision of information

      8. 118.Directions by Scottish Ministers

      9. 119.Inspectors of SFRS

      10. 120.Prohibition on employment of police

    4. General

      1. 121.Transfer of staff, property etc.

      2. 122.SFRS: transitory provision

      3. 123.Meaning of “the 2005 Act”

  4. PART 3 GENERAL

    1. 124.Parliamentary scrutiny of operation of Act

    2. 125.Subordinate legislation

    3. 126.Ancillary provision

    4. 127.Transitional provision etc.

    5. 128.Minor and consequential amendments and repeals

    6. 129.Commencement

    7. 130.Short title

    1. SCHEDULE 1

      The Scottish Police Authority

      1. PART 1 Status, structure and governance

        1. 1.Status

        2. 2.Membership

        3. 3.Disqualification

        4. 4.Tenure

        5. 5.Removal from office

        6. 6.Staff of the Authority

        7. 7.Constables: temporary service with the Scottish Police Authority

        8. 8.Terms and conditions of the Authority’s staff

        9. 9.Committees and sub-committees

        10. 10.Procedure

        11. 11.Public access

        12. 12.Delegation of functions

        13. 13.Location of principal offices

      2. PART 2 Consequential modifications

        1. 14.Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

        2. 15.Freedom of Information (Scotland) Act 2002 (asp 13)

        3. 16.Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

        4. 17.Public Services Reform (Scotland) Act 2010 (asp 8)

        5. 18.Public Records (Scotland) Act 2011 (asp 12)

    2. SCHEDULE 2

      Police custody and security officers: powers and duties

      1. 1.A police custody and security officer has power—

      2. 2.(1) It is the duty of a police custody and...

    3. SCHEDULE 3

      Police appeals tribunals

      1. 1.Constitution and membership

      2. 2.Member remuneration, allowances and expenses

      3. 3.Expenses of proceedings

      4. 4.Police appeals tribunal rules

    4. SCHEDULE 4

      Period before establishment of Police Service

      1. 1.This schedule applies during the period before the day on...

      2. 2.An appointment under section 7 has effect only where the...

      3. 3.An individual appointed under section 7— (a) holds the office...

      4. 4.Sections 18, 19, 21(1) and (2), 22 and 23 apply...

      5. 5.Despite paragraph 2(1) of schedule 1, the Authority may consist...

      6. 6.It is for the Authority to hold the chief constable...

      7. 7.The Authority may— (a) pay remuneration and allowances to, and...

      8. 8.The reference in section 4(1) to the Authority’s functions includes...

    5. SCHEDULE 5

      Transfer of constables, staff and property etc.

      1. 1.Interpretation

      2. 2.Appointed day

      3. 3.Constables to continue to hold office and rank

      4. 4.Senior officers appointed under section 7

      5. 5.Senior officers

      6. 6.Constables serving in police forces

      7. 7.Constables serving in SPSA or SCDEA

      8. 8.Constables – temporary service arrangements

      9. 9.Acts done before transfer

      10. 10.Limitation on mobility of transferred constables

      11. 11.Transfer of police staff

      12. 12.Staff transfer scheme

      13. 13.Police staff appointed under contract for services

      14. 14.Police cadets

      15. 15.Police custody and security officers

      16. 16.Her Majesty’s inspectorate of constabulary in Scotland

      17. 17.Police property transfer scheme: transfers to Scottish Police Authority

      18. 18.Property transfer scheme: transfers to local authorities

      19. 19.Property transfer schemes: general

      20. 20.Transfer of liabilities of chief constables etc.

    6. SCHEDULE 6

      Transfer of staff, property etc.

      1. 1.Interpretation

      2. 2.Joint board staff

      3. 3.Local authority staff and civil servants

      4. 4.Transfers under paragraph 3: effect on contract of employment

      5. 5.Property transfer scheme: transfers to SFRS

      6. 6.Property transfer scheme: transfers to local authorities

      7. 7.Property transfer schemes: general

      8. 8.Transfer schemes: additional provision

    7. SCHEDULE 7

      Minor and consequential amendments

      1. PART 1 Amendments relating to Part 1

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

        2. 2.Health and Safety at Work etc. Act 1974 (c.37)

        3. 3.Rehabilitation of Offenders Act 1974 (c.53)

        4. 4.Slaughter of Animals (Scotland) Act 1980 (c.13)

        5. 5.Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

        6. 6.Civic Government (Scotland) Act 1982 (c.45)

        7. 7.Roads (Scotland) Act 1984 (c.54)

        8. 8.Prisons (Scotland) Act 1989 (c.45)

        9. 9.Criminal Justice and Public Order Act 1994 (c.33)

        10. 10.Local Government etc. (Scotland) Act 1994 (c.39)

        11. 11.Children (Scotland) Act 1995 (c.36)

        12. 12.Criminal Procedure (Scotland) Act 1995 (c.46)

        13. 13.Police Act 1996 (c.16)

        14. 14.Police Act 1997 (c.50)

        15. 15.Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)

        16. 16.Transport (Scotland) Act 2001 (asp 2)

        17. 17.International Criminal Court (Scotland) Act 2001 (asp 13)

        18. 18.Protection from Abuse (Scotland) Act 2001 (asp 14)

        19. 19.Scottish Public Services Ombudsman Act 2002 (asp 11)

        20. 20.Freedom of Information (Scotland) Act 2002 (asp 13)

        21. 21.Criminal Justice (Scotland) Act 2003 (asp 7)

        22. 22.Dog Fouling (Scotland) Act 2003 (asp 12)

        23. 23.Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

        24. 24.Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

        25. 25.Emergency Workers (Scotland) Act 2005 (asp 2)

        26. 26.Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

        27. 27.Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

        28. 28.Management of Offenders etc. (Scotland) Act 2005 (asp 14)

        29. 29.Licensing (Scotland) Act 2005 (asp 16)

        30. 30.Housing (Scotland) Act 2006 (asp 1)

        31. 31.Edinburgh Tram (Line Two) Act 2006 (asp 6)

        32. 32.Edinburgh Tram (Line One) Act 2006 (asp 7)

        33. 33.Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

        34. 34.Animal Health and Welfare (Scotland) Act 2006 (asp 11)

        35. 35.Adult Support and Protection (Scotland) Act 2007 (asp 10)

        36. 36.Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

        37. 37.Edinburgh Airport Rail Link Act 2007 (asp 16)

        38. 38.Glasgow Commonwealth Games Act 2008 (asp 4)

        39. 39.Marine (Scotland) Act 2010 (asp 5)

        40. 40.Public Services Reform (Scotland) Act 2010 (asp 8)

        41. 41.Control of Dogs (Scotland) Act 2010 (asp 9)

        42. 42.Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

        43. 43.Alcohol etc. (Scotland) Act 2010 (asp 18)

        44. 44.Children’s Hearings (Scotland) Act 2011 (asp 1)

        45. 45.Public Records (Scotland) Act 2011 (asp 12)

      2. PART 2 AMENDMENTS RELATING TO PART 2

        1. 46.Gas Act 1965 (c.36)

        2. 47.Transport Act 1968 (c.73)

        3. 48.Pensions (Increase) Act 1971 (c.56)

        4. 49.Health and Safety at Work etc. Act 1974 (c.37)

        5. 50.Control of Pollution Act 1974 (c.40)

        6. 51.Water (Scotland) Act 1980 (c.45)

        7. 52.Zoo Licensing Act 1981 (c.37)

        8. 53.Civic Government (Scotland) Act 1982 (c.45)

        9. 54.Road Traffic Regulation Act 1984 (c.27)

        10. 55.Cinemas Act 1985 (c.13)

        11. 56.Housing (Scotland) Act 1987 (c.26)

        12. 57.Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)

        13. 58.Vehicle Excise and Registration Act 1994 (c.22)

        14. 59.Merchant Shipping Act 1995 (c.21)

        15. 60.Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii)

        16. 61.Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

        17. 62.Scottish Public Services Ombudsman Act 2002 (asp 11)

        18. 63.Freedom of Information (Scotland) Act 2002 (asp 13)

        19. 64.Local Government in Scotland Act 2003 (asp 1)

        20. 65.Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

        21. 66.Fire and Rescue Services Act 2004 (c.21)

        22. 67.Emergency Workers (Scotland) Act 2005 (asp 2)

        23. 68.Fire (Scotland) Act 2005 (asp 5)

        24. 69.Gambling Act 2005 (c.19)

        25. 70.Housing (Scotland) Act 2006 (asp 1)

        26. 71.Corporate Manslaughter and Corporate Homicide Act 2007 (c.19)

        27. 72.Public Services Reform (Scotland) Act 2010 (asp 8)

        28. 73.Public Records (Scotland) Act 2011 (asp 12)

      3. PART 3 AMENDMENTS RELATING TO BOTH PARTS

        1. 74.Pipe-lines Act 1962 (c.58)

        2. 75.Local Government etc. (Scotland) Act 1994 (c.39)

    8. SCHEDULE 8

      Repeals

      1. PART 1 Repeals relating to Part 1

      2. PART 2 Repeals relating to Part 2

      3. PART 3 Repeals relating to both Parts

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