Modifications etc. (not altering text)
C1Pt. 2 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))
C2Pt. 2 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))
C3Pt. 2 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))
(1)Prior to making a code of practice, the Scottish Ministers must consult publicly on a draft of the code.
(2)When preparing a draft of a code of practice for public consultation, the Scottish Ministers must consult—
(a)the Lord Justice General,
(b)the Faculty of Advocates,
(c)the Law Society of Scotland,
(d)the Scottish Police Authority,
(e)the chief constable of the Police Service of Scotland,
[F1(ea)the British Transport Police Authority,
(eb)the chief constable of the British Transport Police Force,
(ec)the Civil Nuclear Police Authority,
(ed)the chief constable of the Civil Nuclear Constabulary,
(ee)the chief constable of the Ministry of Defence Police,
(ef)the Commissioners for Her Majesty’s Revenue and Customs,
(eg)the Director of Border Revenue,
(eh)the National Crime Agency,
(ei)for each of the persons mentioned in paragraphs (ea) to (eh), the Secretary of State.]
(f)the Police Investigations and Review Commissioner,
(g)the Scottish Human Rights Commission,
(h)the Commissioner for Children and Young People in Scotland, and
(i)such other persons as the Scottish Ministers consider appropriate.
(3)Subsection (1) or (2) is complied with in relation to a code of practice having (or to have) effect for the first time even if the consultation has been initiated before the day on which this section comes into force.
Textual Amendments
F1S. 76(2)(ea)-(ei) inserted (17.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(b), 11(3)
(1)A code of practice has no effect until the day appointed for the code by regulations made by the Scottish Ministers.
(2)When laying before the Scottish Parliament a draft of an instrument containing regulations bringing a code of practice into effect, the Scottish Ministers must also so lay a copy of the code.
(3)No later than at the end of the 12 months beginning with the day on which this section comes into force, there must be so laid a draft of an instrument containing regulations bringing a code of practice into effect.
(4)Regulations under this section are subject to the affirmative procedure.