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Criminal Justice (Scotland) Act 2016
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This version of this provision is prospective.
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Changes to legislation:
Criminal Justice (Scotland) Act 2016, Section 70 is up to date with all changes known to be in force on or before 16 December 2024. 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.
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Changes and effects yet to be applied to Section 70:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
Prospective
70Provisions about possession of alcoholS
This section has no associated Explanatory Notes
(1)The Scottish Ministers may by regulations amend section 61 (confiscation of alcohol from persons under 18) of the Crime and Punishment (Scotland) Act 1997 so as to confer on a constable a power, exercisable in addition to the power in subsection (1) or (2) of that section—
(a)to search a person for alcoholic liquor,
(b)to dispose of anything found in the person's possession that the constable believes to be such liquor.
(2)Prior to laying before the Scottish Parliament a draft of an instrument containing regulations under this section, the Scottish Ministers must—
(a)consult publicly on the regulations that they are proposing to make,
(b)send a copy of the proposed regulations to—
(i)the chief constable of the Police Service of Scotland,
[F1(ia)the chief constable of the British Transport Police Force,
(ib)the chief constable of the Civil Nuclear Constabulary,
(ic)the chief constable of the Ministry of Defence Police,]
(ii)the Scottish Human Rights Commission,
(iii)the Commissioner for Children and Young People in Scotland, and
(iv)such other persons as the Scottish Ministers consider appropriate.
(3)When laying before the Scottish Parliament a draft of an instrument containing regulations under this section, the Scottish Ministers must also so lay a statement—
(a)giving reasons for wishing to make the regulations as currently framed (and confirming whether the regulations will amend the relevant enactment in the same way as shown in the proposed regulations),
(b)summarising—
(i)the responses received by them to the public consultation on the proposed regulations,
(ii)the representations made to them by the persons to whom a copy of the proposed regulations was sent.
(4)Regulations under this section are subject to the affirmative procedure.
Textual Amendments
F1S. 70(2)(b)(ia)-(ic) inserted (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(e), 24(3)
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