The Criminal Justice (Scotland) Act 2016 (Commencement No. 7) Order 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 113(1) of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”), but only for the purpose of establishing the Police Negotiating Board for Scotland (“PNBS”). It also brings into force section 113(3) and (4) and schedule 3 of the 2016 Act. Section 113(3) inserts provision into section 125 of the Police and Fire Reform (Scotland) Act 2012 which is consequential on enabling powers contained in new schedule 2A of that Act, as it specifies the Parliamentary procedure which applies to those powers. Section 113(4) gives effect to schedule 3, which in turn inserts the new schedule 2A. This contains a series of rules relating to the governance of PNBS. The provisions brought into force by the Order will enable the setting up of the PNBS and the appointment of a chairperson.

The Order also brings into force section 114(1)(b) of the 2016 Act, which makes the appointment of the chairperson subject to the code of practice of the Commissioner for Ethical Standards in Public Life in Scotland.

The Bill for the 2016 Act received Royal Assent on 13 January 2016. Sections 71, 73 to 77 and 115 to 118 came into force the following day.