SCHEDULE 2

PART IMODIFICATIONS OF ACTS OF PARLIAMENT

Police Act 1997 (c. 50)131

1

The Police Act 1997 is amended as follows.

2

In section 22 (collaboration agreements), after subsection (8) there is inserted–

9

The Secretary of State shall obtain the consent of the Scottish Ministers before making any determination under subsection (5) or a direction under subsection (7) if the determination or direction would have any effect on, or apply to, a police force in Scotland or a police authority which maintains a police force in Scotland or, as the case may be, the police authorities for the police area comprised in a combined area in Scotland.

3

In section 23 (aid by and for NCIS), after subsection (6) there is inserted–

7

The Secretary of State shall obtain consent of the Scottish Ministers before giving any direction under subsection (3) to the chief constable of any police force in Scotland.

4

In section 101 (code of practice), after subsection (7) there is inserted–

7A

The Secretary of State shall consult the Scottish Ministers before–

a

publishing a draft of any revised code under subsection (2) (as applied by subsection (7)); or

b

laying a draft of the revised code before both Houses of Parliament under subsection (3) (as applied by subsection (7)).

5

The functions under sections 22(5) and (7), 23(3) and 101 are not transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.