The Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011

Scottish Statutory Instruments

2011 No. 146

Criminal Law

The Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011

Made

21st February 2011

Laid before the Scottish Parliament

23rd February 2011

Coming into force

6th June 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 117(4) and 164(3) of the Criminal Justice and Licensing (Scotland) Act 2010(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011 and come into force on 6th June 2011.

Prescribed persons for the purposes of the provision of information to the prosecutor and the code of practice

2.  The persons listed in the Schedule are prescribed persons for the purposes of sections 117(4) and 164(3) of the Criminal Justice and Licensing (Scotland) Act 2010.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st February 2011

Regulation 2

SCHEDULE

• Ministers

  • The Scottish Ministers, to include:—

    • Forestry Commission (Scotland)

    • Historic Scotland

    • Marine Scotland

    • Rural Payments and Inspections Directorate

    • Transport Scotland

• UK Government departments

  • Department for Business, Innovation and Skills

  • Department for Energy and Climate Control

  • Department for Environment, Food and Rural Affairs

  • Department of Works and Pensions

• Executive agencies

  • Accountant in Bankruptcy

  • Animal Health

  • Companies House

  • Driver and Vehicle Licensing Agency

  • Insolvency Service

  • Maritime and Coastguard Agency

  • Student Awards Agency for Scotland

  • UK Border Agency

  • Vehicle and Operator Services Agency

  • Vehicle Certification Agency

• Executive bodies

  • Child Support Agency

  • Environment Agency

  • Gambling Commission

  • Gangmasters Licensing Authority

  • Health and Safety Executive

  • The Pensions Regulator

  • Scottish Environment Protection Agency

  • Scottish Legal Aid Board

  • Scottish Natural Heritage

  • Social Care and Social Work Improvement Scotland

• Commissioners

  • Information Commissioner

  • Scottish Information Commissioner

• Scottish local authorities

  • Aberdeen City Council

  • Aberdeenshire Council

  • Angus Council

  • Argyll and Bute Council

  • City of Edinburgh Council

  • Clackmannanshire Council

  • Comhairle Nan Eilean Siar

  • Dumfries and Galloway Council

  • Dundee City Council

  • East Ayrshire Council

  • East Dunbartonshire Council

  • East Lothian Council

  • East Renfrewshire Council

  • Falkirk Council

  • Fife Council

  • Glasgow City Council

  • Highland Council

  • Inverclyde Council

  • Midlothian Council

  • Moray Council

  • North Ayrshire Council

  • North Lanarkshire Council

  • Orkney Islands Council

  • Perth and Kinross Council

  • Renfrewshire Council

  • Scottish Borders Council

  • Shetland Islands Council

  • South Ayrshire Council

  • South Lanarkshire Council

  • Stirling Council

  • West Dunbartonshire Council

  • West Lothian Council

• Police and fire and rescue services

  • British Transport Police

  • Central Scotland Fire and Rescue Service

  • Civil Nuclear Constabulary

  • Dumfries and Galloway Fire and Rescue Service

  • Fife Fire and Rescue Service

  • Grampian Fire and Rescue Service

  • Highlands and Islands Fire and Rescue Service

  • Lothian and Borders Fire and Rescue Service

  • Ministry of Defence Police

  • Scottish Crime and Drug Enforcement Agency

  • Scottish Fire and Rescue Advisory Unit

  • Strathclyde Fire and Rescue Service

  • Tayside Fire and Rescue Service

• Non-ministerial departments

  • Food Standards Agency (Scotland)

  • General Register Office for Scotland

  • HM Revenue and Customs

  • Office of the Scottish Charity Regulator

• Other public bodies

  • Agriculture and Horticulture Development Board

  • DairyCo

  • Security Industry Authority

  • Serious Organised Crime Agency

• Public corporations

  • Civil Aviation Authority

  • Office of Communications

  • Royal Mail Group Ltd

  • Scottish Water

• National Health Service bodies

  • National Health Service for Scotland Counter Fraud Services

• Charities

  • Royal Environmental Health Institute of Scotland

  • Royal Society for the Protection of Birds (Scotland)

  • Scottish Society for the Prevention of Cruelty to Animals

• Professional governing bodies

  • General Dental Council

  • Law Society of Scotland

• Private sector organisations

  • British Gas

  • British Telecommunications Group plc

  • Capita

• Other bodies

  • Association of Salmon Fishery Boards

  • Certification Office for Trade Unions and Employers’ Associations

  • Drinking Water Quality Regulator for Scotland

  • Electoral Commission

  • Farriers Registration Council

  • Forth District Salmon Fishery Board

  • Lerwick Port Authority

  • Lochaber District Salmon Fishery Board

  • River Tweed Commission

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the statutory scheme regarding the disclosure of information given to, or obtained by, the prosecutor in connection with criminal proceedings, as provided for by Part 6 of the Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”).

Sections 117 to 120 of the Act make provision in connection with the provision of information by investigating agencies to the prosecutor. Section 117(4) of the Act provides that investigating agencies are a police force or such other persons who engage, to any extent, in the investigation of crime or sudden deaths and submit reports relating to those investigations to the procurator fiscal as the Scottish Ministers may prescribe by regulations.

Section 164 of the Act provides that the Lord Advocate must issue a code of practice providing guidance about Part 6 of that Act. Section 164(3) of the Act provides that police forces, prosecutors and such other persons who engage, to any extent, in the investigation of crime or sudden deaths and submit reports relating to those investigations to the procurator fiscal as the Scottish Ministers may prescribe by regulations must have regard to the code of practice.

These Regulations prescribe such persons.

(1)

2010 asp 13.