The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 No. 46

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

Application of 2016 Act to Civil Nuclear Constabulary

3.  After section 56 of the Energy Act 2004(1) 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)

2004 c.20.