- Latest available (Revised)
- Point in Time (01/01/2007)
- Original (As enacted)
Point in time view as at 01/01/2007.
Police, Public Order and Criminal Justice (Scotland) Act 2006, Paragraph 3 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
3(1)The Scottish Ministers must appoint the members of the Authority.S
(2)Each member must fall within one of the categories mentioned in sub-paragraph (3).
(3)Those categories are—
(a)police force members;
(b)police authority members;
(c)lay members.
(4)The Authority is to consist of not more than 10 members and, subject to sub-paragraph (5), must include—
(a)a convener (who must be a lay member); and
(b)at least two members (not including the convener) falling within each of the categories mentioned in sub-paragraph (3).
(5)Sub-paragraph (4)(b) does not apply if, in the opinion of the Scottish Ministers, its application would—
(a)prevent the Authority from operating; or
(b)prevent or impede the effective or efficient operation of the Authority.
(6)A person may be appointed as a police force member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of chief constables of police forces.
(7)A person may be appointed as a police authority member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of police bodies.
(8)Sub-paragraph (4)(b) does not apply if—
(a)the Scottish Ministers request the persons referred to in sub-paragraph (6) or (7) to nominate persons for appointment as a police force member or a police authority member of the Authority; and
(b)the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.
(9)A person is disqualified from appointment, and from holding office, as a police authority member or a lay member of the Authority if that person is—
(a)a member of—
(i)the House of Lords;
(ii)the House of Commons;
(iii)the Scottish Parliament;
(iv)the European Parliament; or
(b)disqualified from standing for election as a member of—
(i)the House of Commons;
(ii)the Scottish Parliament; or
(iii)a local authority.
(10)A person is disqualified from appointment, and from holding office, as a lay member of the Authority if that person is—
(a)a constable of a police force;
(b)a member of—
(i)a police force maintained under section 2 of the Police Act 1996 (c. 16);
(ii)the metropolitan police force or of the City of London police force;
(iii)the Police Service of Northern Ireland;
(iv)the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);
(v)the British Transport Police Force;
(vi)the Civil Nuclear Constabulary;
(vii)the States of Jersey Police Force;
(viii)the salaried police force of the Island of Guernsey; or
(ix)the Isle of Man Constabulary;
(c)a member of the Serious Organised Crime Agency;
(d)a member of a local authority; or
(e)a member of staff of the Authority.
(11)The Scottish Ministers may by order amend sub-paragraph (4) by substituting for the maximum number of members for the time being specified there such other number as they think fit.
(12)Before making an order under sub-paragraph (11) the Scottish Ministers must consult—
(a)the Authority;
(b)persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
(c)persons whom the Scottish Ministers consider represent the interests of police bodies.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: