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The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018

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Article 6

SCHEDULE 2Exercise of functions by constables and members of non-territorial police organisations

This schedule has no associated Explanatory Memorandum

Application of 2016 Act to Ministry of Defence Police

1.  After section 2C of the Ministry of Defence Police Act 1987(1) insert—

2D    Exercise of powers and privileges in Scotland

(1) Where a member of the Ministry of Defence Police exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.

(2) For the purposes of subsection (1)—

(a)in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Ministry of Defence Police,

(b)section 69 of the 2016 Act (publication of information by police) does not apply..

Application of 2016 Act to British Transport Police Force

2.  After section 31 of the Railways and Transport Safety Act 2003(2) insert—

31A    Exercise of powers and privileges in Scotland

(1) Where a constable of the Police Force exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.

(2) For the purposes of subsection (1)—

(a)in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a constable of the Police Force,

(b)section 69 of the 2016 Act (publication of information by police) does not apply..

Application of 2016 Act to Civil Nuclear Constabulary

3.  After section 56 of the Energy Act 2004(3) insert—

56A    Exercise of powers and privileges in Scotland

(1) Where a member of the Constabulary exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.

(2) For the purposes of subsection (1)—

(a)in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Constabulary,

(b)section 69 of the 2016 Act (publication of information by police) does not apply.

(1)

1987 c.4. Section 2C is inserted by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 4, paragraphs 48 and 50; it is amended by the Crime and Courts Act 2013 (c.22), Schedule 8, paragraph 31.

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