2006 No. 607 (C.46)

POLICE
CRIMINAL LAW

The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Commencement No. 2) Order 2006

Made

The Scottish Ministers, in exercise of the powers conferred by section 104(1) of the Police, Public Order and Criminal Justice (Scotland) Act 20061, hereby make the following Order:

Citation1

This Order may be cited as the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Commencement No. 2) Order 2006.

Interpretation2

In this Order–

  • “the 1995 Act” means the Criminal Procedure (Scotland) Act 19952; and

  • “the Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006.

Commencement of provisions3

The provisions of the Act which are specified in column 1 of the schedule to this Order (and the subject matter of which is described in column 2 of that schedule) shall come into force on 1st January 2007 but, where a particular purpose is specified in relation to any provision in column 3 of that schedule, that provision shall come into force on that day only for that purpose.

CATHY JAMIESONA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE

Article 3

Column 1

Column 2

Column 3

Provision of the Act

Subject matter

Purpose

Section 1(1)

Establishment of the Scottish Police Services Authority

Section 1(2)

Establishment of the Scottish Police Services Authority

Only for the purpose of bringing into force the provisions of schedule 1 to the Act specified in column 1 of this Table

Section 2(1)

Duty to establish and maintain the Agency

Section 4

Strategic priorities of the Authority

Section 8

Provision of information to the Scottish Ministers

Section 10

Grants

Section 12(1)(a), (b) and (d)

Members of the Agency

Section 12(2)

Members of the Agency

Only for the purpose of bringing into force the provisions of schedule 2 to the Act specified in column 1 of this Table

Section 13

Strategic priorities of the Agency

Section 16(1)

General functions of the Director General of the Agency

Section 18

Scottish Ministers' power to modify section 17

Section 23

Regulations relating to the Agency

Section 24

The police support services: modification by order

Section 25

Use of the police support services

Section 30

Directions

Section 31

Transfer of staff, property etc

Section 32

Interpretation of Chapter 1

Section 33

The Police Complaints Commissioner for Scotland

Section 34

“Relevant complaint” and “person serving with the police”

Section 35

Examination of manner of handling of complaint

Only for the purpose of enabling regulations to be made

Section 36

Duty of Commissioner not to proceed with certain complaint handling reviews

Only for the purpose of enabling regulations to be made

Section 38(4)

Reconsideration of a complaint: duties to keep persons informed

Section 39

Power of Commissioner to discontinue reconsideration

Only for the purpose of enabling regulations to be made

Section 41

Appropriate authority in relation to a complaint

Section 44

Provision of information to the Commissioner

Only for the purpose of enabling regulations to be made

Section 47

Interpretation of Chapter 2

Section 83

Retention of samples etc.: prosecutions for sexual and violent offences

Section 84

Testing of arrested persons for Class A drugs

Only for the purpose of enabling an order under section 20A(3)(c) of the 1995 Act to be made

Section 85(3)

Assessment following positive test under section 20A of the 1995 Act

Section 90

Interpretation of sections 85 to 88

Only for the purpose of enabling regulations to be made to prescribe the qualifications and experience which a suitably qualified person must have.

Section 101

Modification of enactments

Only for the purpose of bringing into force the provisions of schedule 6 to the Act specified in column 1 of this Table

Schedule 1, paragraphs 1 to 9, 10(1), 11(1), (5) to (8), 12, 13, 14(1) and (3), 15 and 16

The Scottish Police Services Authority

Schedule 2, paragraphs 1 to 6, 8 and 9

Membership of the Scottish Crime and Drug Enforcement Agency

Schedule 3

Transfers of staff and property

Schedule 4

The Police Complaints Commissioner for Scotland

Schedule 6, paragraphs 5(4) and (5), 7 and 12

Modifications of enactments

(This note is not part of the Order)

This Order brings into force further provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (“the Act”) (asp 10).

Article 3 and the schedule bring the following provisions of the Act into force on 1st January 2007–

a

section 1(1) (establishment of the Scottish Police Services Authority);

b

section 1(2) (establishment of the Scottish Police Services Authority) but only for the purpose of bringing into force the provisions of schedule 1 specified in column 1 of the Table in the schedule;

c

section 2(1) (duty to establish and maintain the Agency);

d

section 4 (strategic priorities of the Authority), section 8 (provision of information to the Scottish Ministers), section 10 (grants);

e

section 12(1)(a), (b) and (d), (2) (members of the Agency), section 13 (strategic priorities of the Agency), section 16(1) (general functions of Director General of the Agency), section 18 (Scottish Ministers' power to modify section 17), section 23 (regulations relating to the Agency), section 24 (the police support services: modification by order), section 25 (use of the police support services), section 30 (directions), section 31 (transfer of staff, property etc), section 32 (interpretation of Chapter 1);

f

section 33 (Police Complaints Commissioner for Scotland), section 34 (“relevant complaint” and “person serving with the police”), section 38(4) (reconsideration of a complaint: duties to keep persons informed), section 41 (appropriate authority in relation to a complaint) and section 47 (interpretation of Chapter 2);

g

section 83 (retention of samples etc.: prosecutions for sexual and violent offences);

h

section 85(3) (assessment following positive test under section 20A of the 1995 Act);

i

section 101 (modification of enactments) but only for the purpose of bringing into force the provisions of schedule 6 specified in column 1 of the Table in schedule 1;

j

schedule 1, paragraphs 1 to 9, 10(1), 11(1), (5) to (8), 12, 13, 14(1) and (3), 15 and 16 (the Scottish Police Services Authority);

k

schedule 2, paragraphs 1 to 6, 8 and 9 (membership of the Scottish Crime and Drug Enforcement Agency);

l

schedule 3 (transfers of staff and property);

m

schedule 4 (Police Complaints Commissioner for Scotland); and

n

schedule 6, paragraphs 5(4) and (5), 7 and 12 (modifications of enactments).

Article 3 and the schedule also bring section 35 (examination of manner of handling of complaint), section 36 (duty of Commissioner not to proceed with certain complaint handling reviews), section 39 (power of Commissioner to discontinue reconsideration), section 44 (provision of information to the Commissioner), section 84 (testing of arrested persons for Class A drugs) and section 90 (interpretation of sections 85 to 88) into force on the 1st January 2007 but only for the purpose of enabling orders and regulations under those provisions to be made.

(This note is not part of the Order)

The following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 have been brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.S.I.No.

Chapter 3 Part 1 (sections 48 to 50), chapter 1 of Part 2 (sections 51 to 69), schedule 5, Chapter 3 of Part 2 (sections 73 to 80), sections 81, 98, 101 (insofar as it relates to the specified provisions of schedule 6), schedule 6, paragraphs 1(1), (2), (4)(a), (5)(a), (5)(c), (5)(d), (8) and 2 to 4

1st September 2006

2006/432