Search Legislation

The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This sectionnoteType=Explanatory Memorandum has no associated

6.  (1)  The Serious Organised Crime and Police Act 2005 is modified as follows.

(2) In section 3(5)(d) (meaning of “special police force”), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”.

(3) In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements)–

(a)for subsection (5) there is substituted–

(5) In subsection (4)(a), “constables or members of staff” in relation to the Scottish Crime and Drug Enforcement Agency means police members or support staff members of that Agency.;

(b)in subsection (7), for paragraph (b) there is substituted–

(b)a police member or support staff member of the Scottish Crime and Drug Enforcement Agency,;

(c)in subsection (10)(b) for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”; and

(d)in subsection (11)–

(i)after the definition of “police force” there is inserted–

“police member”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);;

(ii)in paragraph (f) of the definition of “relevant police authority”, for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”; and

(iii)after the definition of “relevant police authority” there is inserted–

“support staff member”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 8 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006..

(4) In section 24(2)(b) (bodies to which section 24 applies), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”.

(5) In section 25 (directed arrangements: Scotland)–

(a)in subsection (2)(b), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”;

(b)in subsection (3)(b)–

(i)for “Director of the Scottish Drug Enforcement Agency” there is substituted “Director General of the Scottish Crime and Drug Enforcement Agency”; and

(ii)for “constables or other persons” there is substituted “police members or support staff members”;

(c)in subsection (4), in both paragraphs (a) and (b), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”; and

(d)after subsection (4), there is inserted–

(5) In this section, “police member” and “support staff member” have the same meaning as in section 23..

(6) In paragraph (d) of the definition of “relevant authority” in section 31(5), for “Scottish Drug Enforcement Agency, means” there is substituted “Scottish Crime and Drug Enforcement Agency, means the Director General of”.

(7) In section 42 (interpretation)–

(a)in subsection (1), for paragraph (g) of the definition of “chief officer” there is substituted–

(g)in relation to the Scottish Crime and Drug Enforcement Agency, the Director General of that Agency;; and

(b)subsection (2) is repealed.

(8) In section 47 (person having powers of constable: exercise of such powers in Scotland and Northern Ireland)–

(a)in subsection (3)(a), for “Director of the Scottish Drug Enforcement Agency” there is substituted “Director General of the Scottish Crime and Drug Enforcement Agency”;

(b)in subsection (4)(a), for “Deputy Director” there is substituted “Deputy Director General”; and

(c)in subsection (7), the definitions of “the Scottish Drug Enforcement Agency” and “the Director” are repealed.

(9) In section 82(5) (persons who are protection providers), for paragraph (f), there is substituted–

(f)the Director General of the Scottish Crime and Drug Enforcement Agency;.

(10) In section 94 (interpretation of Chapter 4), subsection (9) is repealed.

(11) Schedule 5 is amended as follows.

(12) In paragraph 20–

(a)in sub paragraph (1)–

(i)the words “is or” are repealed; and

(ii)for “Scottish Drug Enforcement Agency” there is substituted “organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 (c. 77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation’s functions”; and

(b)in sub paragraph (2), the words “is or” are repealed.

(13) After paragraph 20 there is inserted–

20A.  (1)  A person who is or has been the Director General of the Scottish Crime and Drug Enforcement Agency.

(2) A person who is or has been under the direction and control of the Director General of the Scottish Crime and Drug Enforcement Agency..

Back to top

Options/Help

Print Options

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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 enactedversion 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

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 made 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