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The Scottish Crime and Drug Enforcement Agency (Scotland) Regulations 2011

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PART 1COMMENCEMENT AND INTERPRETATION

Citation and commencement

1.  These Regulations may be cited as the Scottish Crime and Drug Enforcement Agency (Scotland) Regulations 2011 and come into force on 30th March 2011.

Interpretation

2.  In these Regulations—

“the 1967 Act” means the Police (Scotland) Act 1967;

“the 2004 Regulations” means the Police (Scotland) Regulations 2004(1);

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

“the Agency” means the Scottish Crime and Drug Enforcement Agency;

“the Authority” means the Scottish Police Services Authority;

“the Director General” means the Director General of the Agency appointed by virtue of paragraph 1 of schedule 2 to the 2006 Act;

“the Deputy Director General” means the Deputy Director General of the Agency appointed by virtue of paragraph 2 of schedule 2 to the 2006 Act;

“police member” means a police member of the Agency appointed by virtue of paragraph 7(2)(c) of schedule 2 to the 2006 Act;

“representative bodies” means the Police Federation for Scotland and all bodies for the time being recognised by the Scottish Ministers for the purposes of section 64 of the Police Act 1996(2); and

“university scholar” means a police member on a course of university study nominated by the Scottish Ministers or by the Authority following arrangements approved by the Scottish Ministers.

Transfers

3.—(1) A reference in these Regulations to a person transferring from a police force to the Agency is to be construed as a reference to that person leaving a police force voluntarily for the purpose of taking up an appointment as a police member under paragraph 7(2)(c) of schedule 2 to the 2006 Act where no break occurs between service with that police force and service with the Agency.

(2) A reference in these Regulations to a person transferring from the Agency to a police force is to be construed as a reference to that person leaving the Agency voluntarily for the purpose of becoming a constable of that police force where no break occurs between service with the Agency and service with the police force.

(3) In this regulation, “police force” means—

(a)a police force maintained under section 1 of the 1967 Act(3);

(b)a police force maintained under section 2 of the Police Act 1996;

(c)the metropolitan police force or the City of London Police Force;

(d)the Police Service of Northern Ireland;

(e)the Ministry of Defence Police;

(f)the British Transport Police Force;

(g)the Civil Nuclear Constabulary;

(h)the States of Jersey Police Force;

(i)the salaried police force of the Island of Guernsey; or

(j)the Isle of Man Constabulary.

(2)

Section 64 has been amended by the Police Act 1997 (c.50), section 134 and Schedule 9, paragraph 84; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 4, paragraph 79 and Schedule 17, Part 2; the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 69; S.I. 2001/3649, article. 349; and S.I. 2007/1098, Schedule 1, paragraph 3.

(3)

Section 1 has been amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 71(2).

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