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The Serious Organised Crime and Police Act 2005 (Commencement No. 1) (Scotland) Order 2005

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Scottish Statutory Instruments

2005 No. 358 (C.15)

CRIMINAL LAW

POLICE

The Serious Organised Crime and Police Act 2005 (Commencement No. 1) (Scotland) Order 2005

Made

20th June 2005

The Scottish Ministers, in exercise of the powers conferred by section 178(3), (4)(d) and (6)(a) of the Serious Organised Crime and Police Act 2005(1) and having consulted with the Secretary of State in accordance with section 178(6)(a) of that Act, hereby make the following Order:

Citation

1.  This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 1) (Scotland) Order 2005.

Appointed day and extent

2.  1st July is the appointed day for the coming into force of the following provisions of the Serious Organised Crime and Police Act 2005–

(a)section 96 (mutual assistance in freezing property or evidence) so far as it has effect for the purpose of conferring functions on the Scottish Ministers;

(b)section 156 (payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences)(2);

(c)section 164 (criminal records checks: verification of identity) to the extent that it extends to Scotland; and

(d)section 166(2) (further amendments to Police Act 1997 as it applies to Scotland) to the extent that it extends to Scotland.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

20th June 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force sections 96, 156, 164 and 166(2) of the Serious Organised Crime and Police Act 2005 on 1st July 2005 to the extent specified.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Serious Organised Crime and Police Act 2005 are being brought into force in relation to Scotland by commencement order made before the date of this Order:–

ProvisionDate of CommencementS.I. No.
Section 951st July 20052005/1521
Sections 99 to 1011st July 20052005/1521
Sections 103 to 1081st July 20052005/1521
Section 1231st July 20052005/1521
Section 1291st July 20052005/1521
Section 130(3)1st July 20052005/1521
Section 1311st July 20052005/1521
Sections 150 to 1531st July 20052005/1521

In addition to the provisions listed above, various provisions of the Serious Organised Crime and Police Act 2005 that extend to England and Wales and Northern Ireland, have been brought into force in relation to England and Wales and Northern Ireland by the Serious Organised Crime and Police Act 2005 (Commencement No. 1, Transitional and Transitory Provisions) Order 2005 (S.I. 2005/1521 (C.66)).

(2)

Section 156(6) of the Serious Organised Crime and Police Act 2005 also extends to England and Wales by virtue of section 179(2) of that Act.

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