Criminal Justice (Scotland) Act 2016

74 Review of code of practice

(1) The Scottish Ministers may revise a code of practice in light of a review conducted under subsection (2).

(2) The Scottish Ministers must conduct a review of a code of practice as follows—

(a) a review is to begin no later than 2 years after the code comes into effect,

(b) subsequently, a review is to begin no later than 4 years after—

(i) if the code is revised in light of the previous review under this subsection, the coming into effect of the revised code, or

(ii) otherwise, the completion of the previous review under this subsection.

(3) So far as practicable, a review conducted under subsection (2) must be completed within 6 months of the day on which the review begins.

(4) In deciding when to conduct a review in accordance with subsection (2), the Scottish Ministers must have regard to representations put to them on the matter by—

(a) the Scottish Police Authority,

(b) the chief constable of the Police Service of Scotland, or

(c) Her Majesty’s Inspectors of Constabulary in Scotland.

(5) For the purposes of—

(a) section 73(3) and this section (except subsection (2)(a)), and

(b) sections 75, 76 (except subsection (3)) and 77 (except subsection (3)),

a reference to a code of practice includes a revised code as allowed by subsection (1).