Search Legislation

Police and Fire Reform (Scotland) Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 15

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/04/2013.

Changes to legislation:

Police and Fire Reform (Scotland) Act 2012, Section 15 is up to date with all changes known to be in force on or before 17 October 2019. There are changes that may be brought into force at a future date. Changes that have been made 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.

This section has no associated Explanatory Notes

15(1)The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as follows.S

(2)In section 5 (lawful surveillance etc.), in subsection (3)(b), for “a police force” substitute “ the Police Service ”.

(3)In section 8(3) (entitlement to grant authorisations)—

(a)for paragraph (a) substitute—

(aa)the Police Service;,

(b)after paragraph (c) insert—

(ca)the Police Investigations and Review Commissioner;.

(4)In section 10(1A) (persons who may authorise intrusive surveillance)—

(a)in paragraph (a), for “every police force” substitute “ the Police Service and any other senior officer of the Police Service who is designated by the chief constable for the purposes of this section ”,

(b)after paragraph (a) insert—

(aa)the Police Investigations and Review Commissioner;.

(5)In section 11 (rules for grant of authorisations)—

(a)in subsection (1)—

(i)for “a police force” substitute “ the Police Service ”,

(ii)for “member of the same force” substitute “ constable of the Police Service ”,

(b)for subsection (2) substitute—

(2)An authorisation for the carrying out of intrusive surveillance shall not be granted by the chief constable or any other senior officer of the Police Service except on an application by a constable of the Police Service.,

(c)after subsection (2) insert—

(2A)The Police Investigations and Review Commissioner shall not grant an authorisation for the carrying out of intrusive surveillance except—

(a)on an application by one of the Commissioner's staff officers; and

(b)where the intrusive surveillance is to be carried out in relation to an investigation carried out in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.,

(d)in subsection (4)—

(i)in paragraph (a)—

(A)for the words from “by” to “Agency” substitute

(i)by, or on the application of, a constable of the Police Service;,

(B)after the words inserted by paragraph (A) insert—

(ii)by the Police Investigations and Review Commissioner; or

(iii)by, or on the application of, a staff officer of the Police Investigations and Review Commissioner,

(ii)in paragraph (b)(i), for the words from “member” to “or” substitute constable of the Police Service, the Police Service; or

(ia)where that individual is the Police Investigations and Review Commissioner or a staff officer of that Commissioner, the Commissioner,.

(6)After section 12 insert—

12ZAGrant of authorisation in cases of urgency: Police Investigations and Review Commissioner

(1)This section applies in the case of an application to the Police Investigations and Review Commissioner for an authorisation for the carrying out of intrusive surveillance where the case is urgent.

(2)If it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by the Police Investigations and Review Commissioner, the application may be made to and considered by any staff officer of the Commissioner whom the Commissioner designates for the purposes of this section..

(7)In section 14(5)(a) (approval required for authorisations to take effect), for the words from “member” to “and” substitute constable of the Police Service, the chief constable of the Police Service; and

(aa)in relation to an authorisation granted on an application by a staff officer of the Police Investigations and Review Commissioner, the Police Investigations and Review Commissioner..

(8)In section 16 (appeals against decisions by Surveillance Commissioners)—

(a)in the opening words of subsection (1), for the words from “A” to “Agency” substitute “ A person who granted an authorisation for the carrying out of intrusive surveillance ”,

(b)in subsection (1)(a), for the words from “an”, where second occurring, to “surveillance” substitute “ the authorisation ”,

(c)in subsection (1)(b), for “such an” substitute “ the ”,

(d)after subsection (1) insert—

(1A)Where an authorisation for the carrying out of intrusive surveillance is granted by a senior officer of the Police Service designated by the chief constable under section 10(1A)(a), the chief constable shall also be entitled to appeal under this section.

(1B)Where an authorisation for the carrying out of intrusive surveillance is granted by a staff officer designated by the Police Investigations and Review Commissioner under section 12ZA(2), the Commissioner shall also be entitled to appeal under this section.”..

(9)In section 18 (information to be provided to the Surveillance Commissioners)—

(a)in paragraph (a), for “member of a police force” substitute “ constable of the Police Service ”,

(b)after that paragraph insert—

(aa)the Police Investigations and Review Commissioner and every staff officer of the Commissioner,.

(10)In section 20 (cancellation of authorisations) after subsection (2) insert—

(2A)Where an authorisation under this Act was granted or, as the case may be, last renewed by a senior officer of the Police Service and it is not reasonably practicable for that senior officer to cancel it under subsection (1) above, any senior officer of the Police Service designated by the chief constable for the purposes of section 10 above may cancel the authorisation if satisfied as to either of the matters mentioned in subsection (1) above.

(2B)Where an authorisation under this Act was granted or, as the case may be, last renewed by the Police Investigations and Review Commissioner and it is not reasonably practicable for the Commissioner to cancel it under subsection (1) above, any person designated by the Commissioner for the purposes of section 12ZA above may cancel the authorisation if satisfied as to either of the matters mentioned in subsection (1) above..

(11)In section 23(5)(b) (complaints to the Tribunal)—

(a)for “a police force” substitute “ the Police Service ”,

(b)after the words inserted by sub-paragraph (a) insert “ or to the Police Investigations and Review Commissioner ”,

(c)repeal the words “or to the Scottish Crime and Drug Enforcement Agency”.

(12)In section 24(2)(b) (issue and revision of codes of practice)—

(a)for “a police force” substitute “ the Police Service ”,

(b)after the words inserted by sub-paragraph (a) insert “ or to the Police Investigations and Review Commissioner ”,

(c)repeal the words “or to the Scottish Crime and Drug Enforcement Agency”.

(13)In section 26(4)(c) (effect of codes of practice)—

(a)for “a police force” substitute “ the Police Service ”,

(b)after the words inserted by sub-paragraph (a) insert “ or the Police Investigations and Review Commissioner ”.

(14)In section 31(interpretation)—

(a)in subsection (1), for the definition of “police force” substitute—

Police Service” means the Police Service of Scotland;,

(b)after the definition of “residential premises” insert—

senior officer” has the same meaning as in the Police and Fire Reform (Scotland) Act 2012 (asp 8);,

(c)after subsection (4) insert—

(4A)References in this Act to a staff officer of the Police Investigations and Review Commissioner are references to any person who—

(a)is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006; or

(b)is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies..

Commencement Information

I1Sch. 7 para. 15 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

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?

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?

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.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

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 Government 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 enacted version 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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