The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
PART 1PRELIMINARY
Citation, commencement and extent1.
(1)
This Order may be cited as the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.
(2)
This Order comes into force on 1st April 2013.
(3)
Subject to paragraphs (4) to (8), the provisions of this Order extend to the whole of the United Kingdom.
(4)
Articles 3 to 14 and 24 extend to Scotland only.
(5)
The modifications specified in Schedule 1 (and article 25 in so far as it relates to those modifications) have the same extent as the provisions being modified, except that the modifications do not extend to Scotland.
(6)
Subject to paragraph (7), the modifications specified in Schedule 2 (and article 26 in so far as it relates to those modifications) have the same extent as the provisions being modified.
(7)
The modifications specified in paragraphs 65, 66, 73, 74(2) and 76 of Schedule 2 (and article 26 in so far as it relates to those modifications) extend to Scotland only.
(8)
In Schedule 3—
(a)
paragraphs 1 to 11 and 13 to 18 (and article 27 in so far as it relates to those paragraphs) have the same extent as the provisions to which they relate; and
(b)
paragraphs 12 and 19 (and article 27 in so far as it relates to those paragraphs) extend to Scotland only.
Interpretation2.
In this Order—
“2004 Act authority” means—
(a)
a fire and rescue authority determined under section 1 of the 2004 Act;
(b)
(c)
“2004 Act function” means a function conferred by or under any of sections 7 to 9 and 11 of the 2004 Act;
“board function” means a function conferred by or under any of articles 5 to 8 of the 2006 Order;
“customs revenue official” means a person designated by the Director of Border Revenue under section 11 of the Borders, Citizenship and Immigration Act 2009;
“Director of Border Revenue” means the official designated by the Secretary of State under section 6 of the Borders, Citizenship and Immigration Act 2009;
“enforcement functions” includes, in particular, reference to—
(a)
powers of entry;
(b)
power to search persons or property;
(c)
power to seize or detain property;
(d)
power to arrest persons;
(e)
power to detain persons; and
(f)
powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data);
“fire and rescue officer” has the meaning given by article 2(2) of the 2006 Order;
“general customs official” means a person designated by the Secretary of State under section 3 of the Borders, Citizenship and Immigration Act 2009;
“Northern Ireland Board” means the Northern Ireland Fire and Rescue Service Board;
“Scottish chief officer” means a chief constable of a police force maintained under section 2 of the 1967 Act.
“SFRS” means the Scottish Fire and Rescue Service;
“SFRS function” means a function conferred by or under any of sections 9 to 11 and 13 of the 2005 Act;
“SOCA” means the Serious Organised Crime Agency;
“the Commissioner” means the Police Investigations and Review Commissioner; and
“the relevant day” is the day on which this Order comes into force.
PART 2POLICE
Agreements to investigate serious incidents3.
(1)
The Commissioner and the British Transport Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the British Transport Police Force, on any serious incident involving the British Transport Police Force.
(2)
(3)
The Commissioner and the Civil Nuclear Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the Civil Nuclear Constabulary, on any serious incident involving the Civil Nuclear Constabulary.
(4)
A “serious incident involving the Civil Nuclear Constabulary” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Civil Nuclear Constabulary and any other persons specified in the agreement who serve with that Constabulary or who are employed by the Civil Nuclear Police Authority.
(5)
The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the chief constable of the Ministry of Defence Police, on any serious incident involving the Ministry of Defence Police.
(6)
A “serious incident involving the Ministry of Defence Police” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Ministry of Defence Police.
(7)
The Commissioner and SOCA may enter into an agreement for the Commissioner to investigate and report, where requested to do so by SOCA, on any serious incident involving SOCA.
(8)
A “serious incident involving SOCA” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the staff of SOCA.
(9)
The Commissioner and the Commissioners for Her Majesty’s Revenue and Customs may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the Commissioners for Revenue and Customs, on any serious incident involving Her Majesty’s Revenue and Customs.
(10)
A “serious incident involving Her Majesty’s Revenue and Customs” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an officer of Revenue and Customs, but only when acting in the exercise of such enforcement functions as may be specified in an agreement made under paragraph (9).
(11)
The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on any serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum.
(12)
A “serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum, but only when acting in the exercise of such enforcement functions as may specified in an agreement made under paragraph (11).
(13)
(14)
The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on a serious incident involving a general customs official.
(15)
A “serious incident involving a general customs official” has the same meaning as in section 41B of the 2006 Act except that “a person serving with the police” means a general customs official or any other person exercising general customs functions under the authority of the Secretary of State or the Director of Border Revenue, but only when acting in the exercise of such enforcement functions as may be specified in an agreement under paragraph (14).
(16)
The Commissioner and the Director of Border Revenue may enter into an agreement for the Commissioner to investigate and report on a serious incident involving a customs revenue official.
(17)
A “serious incident involving a customs revenue official” has the same meaning as in section 41B of the 2006 Act except that “a person serving with the police” means a customs revenue official or any other person exercising customs revenue functions under the authority of the Director of Border Revenue, but only when acting in the exercise of such enforcement functions as may be specified in an agreement made under paragraph (16).
F1(17A)
The Commissioner and the Independent Commission for Reconciliation and Information Recovery (the “ICRIR”) may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the ICRIR, on any serious incident involving the ICRIR.
(17B)
A “serious incident involving the ICRIR” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).
(18)
An agreement made under this article is not to be made, varied or terminated without the approval of—
(a)
the Scottish Ministers in a case where—
(i)
the Secretary of State is a party to the agreement; or
(ii)
the agreement is made under paragraph (9); and
(b)
in all other cases, the Secretary of State and the Scottish Ministers.
(19)
(20)
An agreement made under this article—
(a)
may specify types or categories of serious incident which may or may not be investigated and reported on by the Commissioner;
(b)
may make different provision for different purposes or circumstances;
(c)
include provision for payment to the Commissioner for any function which the Commissioner may exercise under it;
(d)
may make provision only in relation to Scotland.
Investigation of crimes and deaths4.
For the purposes of section 33A(b) of the 2006 Act, a person serving with the police includes—
(a)
a constable of the British Transport Police Force, any person serving with that Force and any person employed by the British Transport Police Authority;
(b)
a member of the Civil Nuclear Constabulary, any person serving with that Constabulary and any person employed by the Civil Nuclear Police Authority;
(c)
a member of the Ministry of Defence Police;
(d)
a member of the staff of SOCA;
(e)
an officer of Revenue and Customs, but only when acting in the exercise of enforcement functions;
(f)
a general customs official and any other person exercising general customs functions under the authority of the Secretary of State or the Director of Border Revenue, but only when acting in the exercise of enforcement functions;
(g)
a customs revenue official and any other person exercising customs revenue functions under the authority of the Director of Border Revenue, but only when acting in the exercise of enforcement functions;
(h)
an immigration officer and an official of the Secretary of State exercising functions relating to asylum and immigration, but only when acting in the exercise of enforcement functions;
F2(i)
an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).
Assistance by British Transport Police Force to Police Service of Scotland5.
(1)
The chief constable of the British Transport Police Force may provide constables or other assistance for the purposes of enabling the Police Service of Scotland to meet any special demand on its resources.
(2)
Such assistance—
(a)
may be provided at the request of the chief constable of the Police Service of Scotland;
(b)
must be provided if the Secretary of State, on being satisfied that it is expedient in the interests of public safety that the Police Service of Scotland should be reinforced or should receive other resources for the purposes of enabling it to meet any special demand on its resources, so directs.
(3)
Assistance is to be provided on such terms as may be agreed between the British Transport Police Authority and the Scottish Police Authority (including terms for meeting the costs of such assistance) or, failing such agreement, on such terms as may be determined by the Secretary of State and the Scottish Ministers (acting jointly).
(4)
A constable providing assistance in pursuance of this article—
(a)
is under the direction and control of the chief constable of the Police Service of Scotland;
(b)
has all the functions conferred on a constable of the Police Service of Scotland; and
(c)
has all the powers and privileges of a constable serving with the Police Service of Scotland.
(5)
Section 24 of the 2012 Act applies in relation to a constable providing assistance under this article as it applies in relation to a constable engaged on service with the Police Service of Scotland.
Assistance by Police Service of Scotland to British Transport Police Force6.
(1)
The chief constable of the Police Service of Scotland may, at the request of the chief constable of the British Transport Police Force, provide constables or other assistance for the purposes of enabling the British Transport Police Force to meet any special demand on its resources.
(2)
Assistance is to be provided on such terms as may be agreed between the Scottish Police Authority and the British Transport Police Authority (including terms for meeting the costs of such assistance) or, failing such agreement, on such terms as may be determined by the Secretary of State and the Scottish Ministers (acting jointly).
(3)
A constable providing assistance in pursuance of this article—
(a)
is under the direction and control of the chief constable of the British Transport Police Force;
(b)
has all the functions conferred on a constable of that Force; and
(c)
has all the powers and privileges of a constable serving with that Force.
(4)
The chief constable of the British Transport Police Force, and the British Transport Police Authority, are liable in respect of unlawful conduct of a constable providing assistance in pursuance of this article to the same extent as they are liable for the unlawful conduct of a constable of the British Transport Police Force.
Liability for unlawful conduct of member of Ministry of Defence Police7.
Collaboration agreements8.
(1)
If it appears to the chief constables of two or more relevant police forces that any of those forces’ functions can be discharged more effectively by constables of those forces acting jointly, they may, with the approval of the relevant police authorities for those forces, make an agreement for that purpose.
(2)
If it appears to two or more relevant police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the relevant police forces they maintain, they may make an agreement for that purpose.
(3)
Any expenditure incurred under an agreement made under paragraph (1) or (2) is to be borne by the relevant police authorities in such proportions as they may agree.
(4)
Failing an agreement made under paragraph (3), the expenditure incurred under an agreement made under paragraph (1) or (2) is to be borne by the relevant police authorities in such proportions as may be determined by—
(a)
where the relevant police authorities include the Scottish Police Authority, the Scottish Ministers and the Secretary of State (acting jointly);
(b)
in any other case, the Secretary of State.
(5)
The Secretary of State may direct—
(a)
the chief constable of the British Transport Police Force or the British Transport Police Authority;
(b)
the chief constable of the Civil Nuclear Constabulary or the Civil Nuclear Police Authority; or
(c)
the chief constable of the Ministry of Defence Police,
to seek to enter into an agreement under this article for such purposes, and on such terms, as may be specified in the direction.
(6)
In this article—
“relevant police authority” means—
(a)
in relation to the Police Service of Scotland, the Scottish Police Authority;
(b)
in relation to the British Transport Police Force, the British Transport Police Authority;
(c)
in relation to the Civil Nuclear Constabulary, the Civil Nuclear Police Authority;
(d)
in relation to the Ministry of Defence Police, the Secretary of State;
“relevant police force” means—
(a)
the Police Service of Scotland;
(b)
the British Transport Police Force;
(c)
the Civil Nuclear Constabulary;
(d)
the Ministry of Defence Police.
Causing disaffection9.
(1)
It is an offence—
(a)
to cause disaffection amongst the members of a relevant police force; or
(b)
to induce a member of a relevant police force to withhold services.
(2)
A person who is guilty of an offence under paragraph (1) is liable—
(a)
on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(3)
A person convicted of an offence under paragraph (1) is disqualified from being and from ever becoming a member of a relevant police force.
(4)
A “member of a relevant police force” means—
(a)
a constable of the Police Service of Scotland;
(b)
a member of the British Transport Police Force;
(c)
a member of the Civil Nuclear Constabulary.
Offences: extension for other police forces10.
(1)
Sections 90 and 91 of the 2012 Act apply in relation to the following persons as they apply in relation to a person acting as a constable of the Police Service of Scotland—
(a)
a member of the Civil Nuclear Constabulary who—
(i)
(ii)
is otherwise performing duties under the direction and control of the chief constable of the Civil Nuclear Constabulary or as an employee of the Civil Nuclear Police Authority;
(b)
a member of the Ministry of Defence Police who—
(i)
(ii)
is otherwise performing duties under the direction and control of the chief constable of the Ministry of Defence Police; or
(iii)
is exercising any of the powers and privileges conferred on that member by section 2A(2)(b) of the 1987 Act.
(2)
Section 92 of the 2012 Act has effect in relation to the Civil Nuclear Constabulary as if—
(a)
references in that section to a constable included references to a member of that Constabulary;
(b)
references in that section to police uniform included references to the uniform of that Constabulary; and
(c)
references in that section to acting without the permission of the Scottish Police Authority were omitted.
Grants for safeguarding national security11.
(1)
The Secretary of State or the Scottish Ministers may make grants to the Scottish Police Authority in connection with safeguarding national security.
(2)
Grants may be made subject to conditions.
(3)
The Secretary of State may exercise powers under this article only with the consent of the Treasury.
Independent custody visiting12.
(1)
(2)
Arrangements made by the Scottish Police Authority under section 94(1) of the 2012 Act may—
(a)
authorise independent custody visitors to listen to the audio recordings and view the video recordings (with or without sound) of any interview with a person detained under section 41 of the Terrorism Act 2000 which has been conducted by a constable while the person has been detained;
(b)
provide that access to the whole or part of an audio or video recording of such an interview is to be denied to independent custody visitors if—
(i)
it appears to a constable of the rank of inspector (or above) that there are grounds for denying access at the time it is requested;
(ii)
those grounds are grounds which are specified for the purposes of head (i) in the arrangements; and
(iii)
any other procedural requirements imposed by the arrangements in relation to denial of access to such recordings are met.
(3)
Grounds are not to be specified for the purposes of paragraph (2)(b)(i) unless they are grounds for the time being set out for the purposes of this article in the guidance issued by the Secretary of State under paragraph (4).
(4)
The Secretary of State may issue guidance about independent custody visiting in relation to persons detained under section 41 of the Terrorism Act 2000, and the Scottish Police Authority and members of its staff, the Police Service of Scotland and police staff and independent custody visitors must have regard to any such guidance.
(5)
Before issuing guidance, the Secretary of State must consult—
(a)
the Scottish Police Authority;
(b)
the chief constable of the Police Service of Scotland;
(c)
independent custody visitors or such persons as appear to the Secretary of State to be representative of independent custody visitors;
(d)
the Scottish Ministers; and
(e)
such other persons as the Secretary of State considers appropriate.
(6)
The Secretary of State must lay a copy of the guidance issued before Parliament.
(7)
Arrangements made by the Scottish Police Authority under section 95(1) of the 2012 Act may allow access to a detainee to be refused where—
(a)
there are urgent and compelling grounds of national defence in the place to be visited that temporarily prevent the carrying out of such a visit; and
(b)
the Scottish Ministers have notified the Authority that such grounds exist and that access should accordingly be refused.
(8)
For the purposes of paragraph (7) above and section 95(4)(b) of the 2012 Act, the Scottish Ministers must not invoke a declared state of emergency as the sole reason to notify the Authority that access is to be refused.
Provision of goods and services13.
The functions conferred by subsections (1), (3) and (5) of section 87 of the 2012 Act are exercisable in or as regards places outwith Scotland.
Pensions: special constables and police cadets14.
(1)
Regulations under section 48 of the 2012 Act may make provision relating to the payment of pensions and other benefits to or in respect of—
(a)
special constables appointed under section 9 of the 2012 Act; or
(b)
police cadets appointed under section 25 of the 2012 Act.
(2)
Before making regulations relating to the payment of pensions and other benefits, the Scottish Ministers must consult the Police Negotiating Board for the United Kingdom.
(3)
For the purposes of paragraph (1), regulations under section 48 of the 2012 Act may—
(a)
apply, subject to such modifications as may be prescribed by the regulations, any provisions made by or under any enactment relating to the pensions and other benefits payable to or in respect of constables;
(b)
be framed so as to have effect as from a date earlier than the making of the regulations.
(4)
Section 54(2) of the 2012 Act does not apply in respect of provision made in relation to this article.
PART 3FIRE AND RESCUE SERVICES
Provision of cross-border assistance by SFRS15.
(1)
SFRS and a 2004 Act authority may enter into arrangements for the provision by SFRS of assistance in England or Wales to a 2004 Act authority in the carrying out of a 2004 Act function.
(2)
SFRS and the Northern Ireland Board may enter into arrangements for the provision by SFRS of assistance in Northern Ireland to the Board in the carrying out of a board function.
Cross-border delegation of functions to SFRS16.
(1)
SFRS and a 2004 Act authority may enter into arrangements for the carrying out to any extent by SFRS in England and Wales of a 2004 Act function.
(2)
SFRS and the Northern Ireland Board may enter into arrangements for the carrying out to any extent by SFRS in Northern Ireland of a board function.
Powers of SFRS employee in England and Wales17.
(1)
This article applies where by virtue of article 15(1) or 16(1) SFRS is carrying out a 2004 Act function in England or Wales.
(2)
(3)
Powers of SFRS employee in Northern Ireland18.
(1)
This article applies where by virtue of article 15(2) or 16(2) SFRS is carrying out a board function in Northern Ireland.
(2)
Article 18 of the 2006 Order (powers of fire and rescue officers in emergency etc.) applies in relation to an employee of SFRS who is authorised for the purposes of section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) as if the employee were a fire and rescue officer.
(3)
Articles 19, 20 and 22 of the 2006 Order (which make provision in relation to the powers of authorised officers in relation to obtaining information, securing premises and offences) apply in relation to an employee of SFRS who is authorised for the purposes of section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) as if the employee were an authorised officer (as defined in Article 19(2) of the 2006 Order) subject to the modification in paragraph (4).
(4)
The modification is that Article 20(3) of the 2006 Order applies as if the reference to authorisation under Article 19(2) were a reference to authorisation under section 27 of the 2005 Act.
(5)
Articles 20 to 22 of the 2006 Order (which make provision in relation to the powers of authorised officers in relation to investigating fires, securing premises and offences) apply in relation to an employee of SFRS who is authorised for the purposes of section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) as if the employee were an authorised officer (as defined in Article 19(2) of the 2006 Order) subject to the modification in paragraph (6).
(6)
The modification is that Article 20(3) of the 2006 Order applies as if the reference to authorisation under Article 19(2) were a reference to authorisation under section 29 of the 2005 Act.
Provision of cross-border assistance to SFRS19.
(1)
SFRS and a 2004 Act authority may enter into arrangements for the provision by the 2004 Act authority of assistance in Scotland to SFRS in the carrying out of an SFRS function.
(2)
SFRS and the Northern Ireland Board may enter into arrangements for the provision by the board of assistance in Scotland to SFRS in the carrying out of an SFRS function.
Cross-border delegation of functions by SFRS20.
(1)
SFRS and a 2004 Act authority may enter into arrangements for the carrying out to any extent by a 2004 Act authority in Scotland of an SFRS function.
(2)
SFRS and the Northern Ireland Board may enter into arrangements for the carrying out to any extent by the board in Scotland of an SFRS function.
Powers of 2004 Act authority employee in Scotland21.
(1)
This article applies where by virtue of article 19(1) or 20(1) an employee of a 2004 Act authority is carrying out an SFRS function in Scotland.
(2)
Section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of section 44 of the 2004 Act (powers of fire-fighters etc. in an emergency etc.) as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 25(1) of the 2005 Act).
(3)
Section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of sections 45 and 46 of the 2004 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires) as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 27(1) of the 2005 Act).
(4)
Section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of sections 45 and 46 of the 2004 Act as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 29(1) of the 2005 Act).
Powers of Northern Ireland Board employee in Scotland22.
(1)
This article applies where by virtue of article 19(2) or 20(2) the Northern Ireland Board is carrying out an SFRS function in Scotland.
(2)
Section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) applies in relation to a fire and rescue officer who is entitled to exercise the powers in Article 18 of the 2006 Order (powers of fire and rescue officers in an emergency etc.) as if the fire and rescue officer were an authorised employee (within the meaning of section 25(1) of the 2005 Act).
(3)
Section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) applies in relation to a fire and rescue officer who is an authorised officer (as defined in Article 19(2) of the 2006 Order) as if the fire and rescue officer were an authorised employee (within the meaning of section 27(1) of the 2005 Act).
(4)
Section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) applies in relation to a fire and rescue officer who is an authorised officer (as defined in Article 19(2) of the 2006 Order) as if the fire and rescue officer were an authorised employee (within the meaning of section 29(1) of the 2005 Act).
Arrangements under articles 15, 16, 19 and 20: terms23.
Arrangements under articles 15, 16, 19 and 20 may include provision as to the terms (including terms as to payment) on which any function to which the arrangements relate is to be carried out.
Offences24.
(1)
(a)
a person acting in the capacity of an employee of a 2004 Act authority providing assistance under arrangements made by virtue of article 19(1) or 20(1);
(b)
a person acting in the capacity of a fire and rescue officer providing assistance under arrangements made by virtue of article 19(2) or 20(2).
(2)
A person guilty of an offence by virtue of paragraph (1) is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both.
PART 4CONSEQUENTIAL AND TRANSITIONAL PROVISION
Extension of modifications of enactments made by 2012 Act25.
The modifications specified in Schedule 1 have effect.
Modifications of enactments26.
The modifications specified in Schedule 2 have effect.
Transitional and savings provision27.
Schedule 3 (transitional and savings provisions) has effect.
Dover House,
London
SCHEDULE 1EXTENSION OF MODIFICATIONS OF ENACTMENTS MADE BY 2012 ACT
Pensions (Increase) Act 1971
1.
Health and Safety at Work etc. Act 1974
2.
(a)
“(a)
section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);”; and
(b)
in subsection (3)(b), for “each chief officer of police in Scotland” substitute “the chief constable of the Police Service of Scotland”.
Road Traffic Regulation Act 1984
3.
Criminal Justice and Public Order Act 1994
4.
(1)
(2)
(3)
(a)
in subsection (3), after ‘area’ insert “or, in Scotland, the local commander designated for the local authority’s area”; and
(b)
in subsection (4)—
(i)
omit the definition of “chief officer of police”; and
(ii)
““local commander” has the meaning given by section 44 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);”.
Police Act 1996
5.
(1)
(2)
(3)
(a)
in paragraph (c), for “police authorities” substitute “the Scottish Police Authority”;
(b)
in paragraph (d), for “police authorities” substitute “the Scottish Police Authority”; and
(c)
in paragraph (e), for “26 of the Police (Scotland) Act 1967” substitute “48 of the Police and Fire Reform (Scotland) Act 2012”.
(4)
F3Omit section 61(6).
(5)
(6)
(7)
In section 63 (Police Advisory Boards for England and Wales and for Scotland)—
(a)
in subsection (1)—
(i)
omit “and a Police Advisory Board for Scotland”; and
(ii)
omit “in those countries respectively”; and
(b)
(8)
(9)
Police Act 1997
6.
(1)
(2)
In section 93 (authorisations to deal with property etc.)—
(a)
(i)
“(zb)
if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;”;
(ii)
(iii)
“(ea)
if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.”;
(b)
“(3ZA)
An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.”;
(c)
(i)
“(d)
the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;”;
(ii)
“(ia)
the Police Investigations and Review Commissioner;”; and
(d)
(3)
In section 94 (authorisations given in absence of authorising officer)—
(a)
(b)
“(ga)
where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.”.
(4)
(5)
F4(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
In section 126 (interpretation of Part 5)—
(a)
“(ii)
the chief constable of the Police Service of Scotland, and”;
(b)
“(i)
the Scottish Police Authority, and”.
Fire and Rescue Services Act 2004
7.
(1)
(2)
“(10)
In this section “Scottish fire authority”—
(a)
means the Scottish Fire and Rescue Service, and
(b)
except in subsections (2)(e) and (h), includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).”.
(3)
““Scottish fire authority”—
(a)
means the Scottish Fire and Rescue Service, and
(b)
in subsection (5) includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).”.
Gambling Act 2005
8.
“(f)
the Scottish Fire and Rescue Service,”.
Corporate Manslaughter and Corporate Homicide Act 2007
9.
“(b)
the Scottish Fire and Rescue Service;”.
SCHEDULE 2
PART 1MODIFICATIONS OF PUBLIC GENERAL ACTS
Light Railways Act 1896
1.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
2.
(a)
“4A. Employee of the Scottish Police Authority
The Scottish Police Authority.”
(b)
“5A. Employee of the Scottish Fire and Rescue Service
The Scottish Fire and Rescue Service.”
Superannuation (Miscellaneous Provisions) Act 1967
3.
Police (Scotland) Act 1967
4.
In the Police (Scotland) Act 1967 omit—
(a)
(b)
(c)
(d)
Firearms Act 1968
5.
(1)
The Firearms Act 1968 is modified as follows.
(2)
“(c)
the chief constable of the Police Service of Scotland, and”.
(3)
(4)
(5)
(6)
In paragraph 18 of Schedule 2 (offences to which sections 17(2) and 18 apply in Scotland), for “section” to “1967” substitute “section 90 of the Police and Fire Reform (Scotland) Act 2012.”.
Employers’ Liability (Compulsory Insurance) Act 1969
6.
Pensions (Increase) Act 1971
7.
(1)
(2)
In paragraph 15—
(a)
in sub-paragraph (b)—
(i)
after “1996” insert “had effect”;
(ii)
for “section 38A of the Police (Scotland) Act 1967 had effect” substitute “being temporary service outwith the Police Service of Scotland pursuant to section 15 of the Police and Fire Reform (Scotland) Act 2012”;
(b)
in sub-paragraph (ba), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “was engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;
(c)
in sub-paragraph (c), for “the Police (Scotland) Act 1967” substitute “Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012”;
(d)
in sub-paragraph (d), omit paragraph (ii); and
(e)
“; or
(e)
was a constable of the Police Service of Scotland—
(i)
serving as a staff officer of the inspectors of constabulary in accordance with arrangements made under section 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012; or
(ii)
engaged on service under the Crown, with the consent of the chief constable of the Police Service of Scotland, in connection with research or other services connected with the police provided by the Scottish Ministers.”.
(3)
“(c)
section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.”.
Superannuation Act 1972
8.
(1)
The Superannuation Act 1972 is modified as follows.
(2)
(a)
“or
(ba)
regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (special constables and police cadets),”; and
(b)
omit sub-paragraphs (c) and (d).
(3)
Overseas Pensions Act 1973
9.
(a)
“(ii)
a constable of the Police Service of Scotland engaged on temporary service of any of the kinds listed in subsection (2A), or”; and
(b)
“(2A)
The reference to temporary service in subsection (2)(d)(ii) is to any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—
(a)
service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom;
(b)
service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 194582 with the consent of the chief constable of the Police Service of Scotland;(c)
service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 198083 with the consent of the chief constable of the Police Service of Scotland; or(d)
service pursuant to appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 200284
House of Commons Disqualification Act 1975
10.
(1)
The House of Commons Disqualification Act 1975 is modified as follows.
(2)
(3)
Northern Ireland Assembly Disqualification Act 1975
11.
Police Pensions Act 1976
12.
(1)
The Police Pensions Act 1976 is modified as follows.
(2)
Section 7(2) (payment of pensions and contributions) is modified as follows—
(a)
in paragraph (ba), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;
(b)
(c)
“(cfa)
a constable of the Police Service of Scotland engaged on any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—
(i)
service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;
(ii)
service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;
(iii)
service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 200290;(iv)
service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 200291;(v)
service as a member of staff of SOCA; or
(vi)
service in the Police Service of Northern Ireland;
(cfb)
a person (other than a constable of the Police Service of Scotland) who—
(i)
is serving as member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012; and
(ii)
immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above”; and
(d)
(3)
In section 11 (interpretation)—
(a)
in subsection (1)—
(i)
in paragraph (aa), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;
(ii)
(iii)
“(bfa)
any of the following kinds of temporary service by a constable of the Police Service of Scotland in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—
(i)
service as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012;
(ii)
service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;
(iii)
service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;
(iv)
service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002;
(v)
service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002;
(vi)
service as a member of staff of SOCA; or
(vii)
service in the Police Service of Northern Ireland;
(bfb)
service by a person (other than a constable of the Police Service of Scotland) as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012 who, immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above;”;
(iv)
omit sub-paragraphs (bh), (bi), (bj) and (bk), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007; and
(v)
in sub-paragraph (c), omit the words from “or (as the case may be) section 38A of the Police (Scotland) Act 1967”;
(b)
(i)
“(d)
the Scottish Police Authority;”; and
(ii)
“(b)
the Scottish Police Authority.”;
(c)
(i)
in paragraph (b), after “(b),” insert “(bfa)(vii),”;
(ii)
in paragraph (ba), for “section 38A(1)(aa) of the Police (Scotland) Act 1967 (c.77)” substitute “mentioned in subsection (1)(bfa)(v) above”;
(iii)
in paragraph (c), for “section 38A(1)(bc) of the Police (Scotland) Act 1967” substitute “mentioned in subsection (1)(bfa)(vi)”;
(iv)
omit paragraph (g);
(v)
“; and
(j)
in relation to any service such as is mentioned in subsection (1)(bfa)(ii), (iii) or (iv), “police pension authority” and “pension supervising authority” means the Scottish Ministers.”;
(d)
(i)
for “Police (Scotland) Act 1967” substitute “Police Service of Scotland”;
(ii)
in paragraph (b) for “(bg), (bh), (bi), (bj), (bk),” substitute “(bfa), (bfb)”; and
(e)
Bail Act 1976
13.
Criminal Law Act 1977
14.
Interpretation Act 1978
15.
(1)
The Interpretation Act 1978 is modified as follows.
(2)
In Schedule 1 (words and expressions defined)—
(a)
in the entry that begins “Police area,”, omit paragraph (b); and
(b)
omit the entry for “Police authority”.
(3)
“Construction of certain expressions relating to the police: Scotland
In relation to Scotland—
(a)
references to a police force include references to the Police Service of Scotland;
(b)
references to a chief officer of police include references to the chief constable of the Police Service of Scotland;
(c)
“police authority” means the Scottish Police Authority;
(d)
the “police area” of the Police Service of Scotland is Scotland and references to a police force or police authority for any area include references to the Police Service of Scotland or, as the case may be, the Scottish Police Authority;
(e)
references to a constable or chief constable of, or appointed for, any area are to be construed as references to a constable or, as the case may be, the chief constable of, or appointed for, the Police Service of Scotland.”.
(4)
“in relation to Scotland, expressions relating to the police;”.
Finance Act 1981
16.
Civil Aviation Act 1982
17.
Aviation Security Act 1982
18.
(1)
The Aviation Security Act 1982 is modified as follows.
(2)
(a)
in paragraph (a), for “police force for that area” substitute “Police Service of Scotland”; and
(b)
in paragraph (b), omit from “, where” to “(c.77),” and for second “that” to second “board” substitute “the Scottish Police Authority”.
(3)
(a)
in paragraph (a), for “police force for that area, and” substitute “Police Service of Scotland,”; and
(b)
in paragraph (b), omit “, where” to “(c.77),” and for second “that” to second “board” substitute “the Scottish Police Authority”; and
(c)
“, and
(c)
references in any provision to the police force for a police area are to be construed as references to the Police Service of Scotland.”.
Police and Criminal Evidence Act 1984
19.
“(d)
the Police Service of Scotland;”.
Ministry of Defence Police Act 1987
20.
(1)
The Ministry of Defence Police Act 1987 is modified as follows.
(2)
(3)
In section 2 (jurisdiction)—
(a)
“(aa)
the Police Service of Scotland;”;
(b)
“(aa)
if it was made under paragraph (aa) of that subsection, only in Scotland;”; and
(c)
in subsection (3C), after second “area,” insert “in Scotland the same powers and privileges as constables of the Police Service of Scotland,”.
(4)
(a)
“(aa)
the chief constable of the Police Service of Scotland;”; and
(b)
“(aa)
the Police Service of Scotland;”.
(5)
(a)
in the definition of “chief officer”—
(i)
in paragraph (a), for “Great Britain” substitute “England and Wales”; and
(ii)
“(aa)
the chief constable of the Police Service of Scotland;”; and
(b)
in the definition of “relevant force”—
(i)
in paragraph (a), for “Great Britain” substitute “England and Wales”; and
(ii)
“(aa)
the Police Service of Scotland;”.
(6)
(7)
Firearms (Amendment) Act 1988
21.
“(c)
the chief constable of the Police Service of Scotland, and”.
Road Traffic Act 1988
22.
(1)
The Road Traffic Act 1988 is modified as follows.
(2)
(3)
Road Traffic Offenders Act 1988
23.
Road Traffic Act 1991
24.
Police Act 1996
25.
(1)
The Police Act 1996 is modified as follows.
(2)
(3)
In section 89(3) (assaults on constables) for “a police force maintained in Scotland” substitute “the Police Service of Scotland”.
(4)
(5)
(a)
in subsection (1), for “the chief officer of a police force in Scotland” substitute “the chief constable of the Police Service of Scotland”;
(b)
in subsection (2), for “The chief officer of a police force in Scotland” substitute “The chief constable of the Police Service of Scotland”;
(c)
in subsection (3), for “the chief officer of a police force in Scotland” substitute “the chief constable of the Police Service of Scotland”;
(d)
in subsection (4), for “the chief officer of any police force in Scotland” substitute “the chief constable of the Police Service of Scotland”;
(e)
in subsection (5)(a)—
(i)
for “a police force in Scotland” substitute “the Police Service of Scotland”;
(ii)
for “its chief officer” substitute “the chief constable of that Service”; and
(iii)
omit “or the chief constable of the Police Service of Northern Ireland respectively”;
(f)
in subsection (6B), for “a police authority in Scotland” substitute “the Scottish Police Authority”; and
(g)
in subsection (7), for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”.
Firearms (Amendment) Act 1997
26.
“(c)
the chief constable of the Police Service of Scotland, and”.
The Police (Health and Safety) Act 1997
27.
(a)
“(b)
in relation to the chief constable of the Police Service of Scotland, the Scottish Police Authority, and”;
(b)
in the definition of “the relevant fund”—
(i)
in paragraph (a), after first “police”, insert “in England and Wales”;
(ii)
“(aa)
in relation to the chief constable of the Police Service of Scotland, money provided by the Scottish Police Authority, and”; and
(c)
in the definition of “the responsible officer”—
(i)
in paragraph (a), after “police area”, insert “in England and Wales”; and
(ii)
“(aa)
in relation to the Police Service of Scotland (including police cadets appointed under section 25 of the Police and Fire Reform (Scotland) Act 2012), the chief constable of that Service, and”.
Data Protection Act 1998
28.
“(b)
the chief constable of the Police Service of Scotland.”.
Police (Northern Ireland) Act 1998
29.
(1)
The Police (Northern Ireland) Act 1998 is modified as follows.
(2)
(3)
In paragraph 8(9) of Schedule 3, for “any” to the end substitute “the reference to “police authority” is to the Scottish Police Authority”.
Crime and Disorder Act 1998
30.
“(b)
the chief constable of the Police Service of Scotland;”.
Immigration and Asylum Act 1999
31.
“(b)
the chief constable of the Police Service of Scotland;”.
Terrorism Act 2000
32.
(1)
(2)
In section 48 (authorisations)—
(a)
in subsection (3)(a) for “outside Northern Ireland” substitute “in England and Wales”; and
(b)
“(ca)
where the road specified is in Scotland, by a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable;”.
(3)
In paragraph 23(6)(a) of Schedule 4 (restraint orders) for “out of the police fund out of which the expenses of that police force are met” substitute “by the Scottish Police Authority”.
(4)
(a)
in paragraph (a) for “outside Northern Ireland” substitute “in England and Wales”; and
(b)
“(ca)
in relation to an authorisation where the specified area or place is the whole or part of Scotland, a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable;”.
Regulation of Investigatory Powers Act 2000
33.
(1)
(2)
(a)
(b)
in paragraph (g), for the words from “any” to the end, substitute “the Police Service of Scotland”.
(3)
(4)
F5(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
(a)
in subsection (2)(c), omit sub-paragraph (ii);
(b)
in subsection (2A), omit paragraph (b) and the word “and” which precedes it;
(c)
omit subsections (4B) and (7B); and
(d)
in subsection (10), omit paragraph (b) and the word “and” which precedes it.
(10)
In section 32(6)(d) (authorisation of intrusive surveillance), for the words from “every” to the end, substitute “the Police Service of Scotland”;
(11)
(a)
in subsection (1), for “subsections (1ZB) and (1ZE)” substitute “subsection (1ZB)”;
(b)
omit subsections (1ZD) to (1ZF) and (1B);
(c)
in subsection (3), for “subsections (3ZB) and (3ZE)” substitute “subsection (3ZB)”;
(d)
omit subsections (3ZD) to (3ZF);
(e)
in subsection (5)(a), omit “or a member of the Scottish Crime and Drug Enforcement Agency”;
(f)
omit subsection (5B); and
(g)
in subsection (6)—
(i)
in paragraph (a)—
(aa)
after second “force” insert “or”;
(bb)
omit from first “or” to “1967”; and
(ii)
“(aa)
the area of operation of the Police Service of Scotland is Scotland;”.
(12)
(a)
in subsection (4)(d), for the words from second “a” to the end, substitute “the Police Service of Scotland if he holds the rank of deputy or assistant chief constable of the Police Service of Scotland”; and
(b)
in subsection (6)(aa), for the words from “for” to the end of that paragraph substitute “of the Police Service of Scotland, means the deputy chief constable designated under section 18(3) of the Police and Fire Reform (Scotland) Act 2012;”.
(13)
“(iii)
the chief constable of the Police Service of Scotland,”.
(14)
(a)
“(iii)
the chief constable of the Police Service of Scotland,”;
(b)
after paragraph (b) insert “and”; and
(c)
omit paragraph (ca) and the word “and” which precedes it.
(15)
(a)
in paragraph (c), for “, (3B) or (3F)” substitute “or (3B)”; and
(b)
in paragraph (e), omit “, SCDEA” (in both places).
(16)
(a)
in subsection (2)—
(i)
omit first “SCDEA,”; and
(ii)
omit paragraph (ab);
(b)
in subsection (3), omit “the Director General of the Scottish Crime and Drug Enforcement Agency,”; and
(c)
in subsection (6), omit “by the Director General of the Scottish Crime and Drug Enforcement Agency,”.
(17)
(18)
(a)
in subsection (1), omit paragraph (bb); and
(b)
omit subsection (3B).
(19)
(a)
in the definition of “chief officer of police”—
(i)
in paragraph (a), omit “or section 1 of the Police (Scotland) Act 1967”; and
(ii)
“(ca)
the chief constable of the Police Service of Scotland;”;
(b)
in the definition of “the police”, in paragraph (a), omit “or a constable who is a member of the Scottish Crime and Drug Enforcement Agency”; and
(c)
omit the definition of “SCDEA”.
F6(20)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(21)
(a)
“(ca)
the Police Investigations and Review Commissioner;”; and
(b)
omit paragraph (da).
(22)
(a)
omit paragraph (ba);
(b)
“(da)
the Police Investigations and Review Commissioner and every member of the Commissioner’s staff;”; and
F7(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(23)
(24)
“(d)
the Police Service of Scotland;”.
(25)
(26)
(a)
in paragraph 2(3) and (5), omit “, SCDEA”;
(b)
in paragraph 4(2), omit “SCDEA,” (in every place);
(c)
in paragraph 5(3)(b), omit “, SCDEA”; and
(d)
in paragraph 6—
(i)
omit sub-paragraph (3B); and
(ii)
in sub-paragraph (6), omit “or a constable who is a member of the Scottish Crime and Drug Enforcement Agency”.
Political Parties, Elections and Referendums Act 2000
34.
Criminal Justice and Court Services Act 2000
35.
In section 71 of the Criminal Justice and Court Services Act 2000 (access to driver licensing records)—
(a)
in subsection (3), for “constables in police forces in Scotland” substitute “constables of the Police Service of Scotland”; and
(b)
“(b)
police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012,”.
Vehicles Crime Act 2001
36.
“(b)
police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012, and”.
Anti-terrorism, Crime and Security Act 2001
37.
(1)
(2)
In section 74(1) (interpretation of Part 7) in the definition of “chief officer of police”—
(a)
in paragraph (a) for “Great Britain” substitute “England and Wales”; and
(b)
“(aa)
in relation to any premises in Scotland, the chief constable of the Police Service of Scotland; and”.
(3)
“(3A)
In the application of this section to Scotland—
(a)
references to a “police area” are references to Scotland; and
(b)
references to the “police force” for a police area are references to the Police Service of Scotland.”.
(4)
In paragraph 10(7)(b) of Schedule 1 (forfeiture of terrorist cash) for “a police force” to the end substitute “the Police Service of Scotland, it is to be paid by the Scottish Police Authority,”.
Justice (Northern Ireland) Act 2002
38.
“(b)
the chief constable of the Police Service of Scotland;”.
Police Reform Act 2002
39.
(1)
(2)
(a)
in subsection (1)—
(i)
in paragraph (a) omit “or Scotland”; and
(ii)
“(aa)
a constable of the Police Service of Scotland;”;
(b)
“(aa)
the Police Service of Scotland; or”; and
(c)
in subsection (3)(b) for “section 26” to the end substitute “section 48 of the Police and Fire Reform (Scotland) Act 2012 (governance and administration of police)”.
(3)
Omit section 103(4) and (7) (liability in respect of members of teams).
(4)
In paragraph 6(2)(b) of Schedule 2 (Independent Police Complaints Commission) for “any police force maintained for a police area in Scotland” substitute “the Police Service of Scotland”.
Finance Act 2003
40.
Railways and Transport Safety Act 2003
41.
(1)
(2)
“(4)
Section 10 of the Police and Fire Reform (Scotland) Act 2012 (declaration) shall apply to a constable of the Police Force appointed in Scotland.”.
(3)
“(4)
Section 10 of the Police and Fire Reform (Scotland) Act 2012 (declaration) shall apply to a special constable of the Police Force appointed in Scotland.”.
(4)
In section 63(8)(a) (inspection) for “section 33(1) of the Police (Scotland) Act 1967 (c.77)” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
(5)
In section 64(3) (action after adverse inspection report) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
(6)
In section 67 (senior appointment: delegation of function) for “section 33 of the Police (Scotland) Act 1967 (c.77)” substitute “designated under section 71(3) of the Police and Fire Reform (Scotland) Act 2012”.
(7)
“(d)
is an employee of the Scottish Police Authority.”.
Crime (International Co-operation) Act 2003
42.
(1)
(2)
In section 18(2) (warrants in Scotland) for “section 39(6) of the Police (Scotland) Act 1967” substitute “section 99(1) of the Police and Fire Reform (Scotland) Act 2012”.
(3)
In section 51(1) (general interpretation) in the definition of “chief officer of police”, in paragraph (a) for “for the police force maintained for that area” substitute “of the Police Service of Scotland”.
(4)
In section 84(2) (assaults on foreign officers)—
(a)
for “section 41 of the Police (Scotland) Act 1967 (c.77)” substitute “section 90 of the Police and Fire Reform (Scotland) Act 2012”; and
(b)
for “so treated” substitute “treated as if he were acting in the capacity of a constable”.
Sexual Offences Act 2003
43.
Energy Act 2004
44.
(1)
The Energy Act 2004 is modified as follows.
(2)
(a)
in the definition of “chief officer”—
(i)
in paragraph (a) for “Great Britain” substitute “England and Wales”; and
(ii)
“(aa)
the chief constable of the Police Service of Scotland;”; and
(b)
in the definition of “relevant force”—
(i)
in paragraph (a) for “Great Britain” substitute “England and Wales”; and
(ii)
“(aa)
the Police Service of Scotland;”.
(3)
In section 62(11) (inspection) for “section 33(1) of the Police (Scotland) Act 1967 (c.77)” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
(4)
In sections 64(10)(a) (civil nuclear police federation) and 65(10)(a) (rank-related associations) for “Great Britain” substitute “England and Wales, of the Police Service of Scotland”.
(5)
In section 66(4)(c) (representation at certain disciplinary proceedings), for “a police force” to the end substitute “the Police Service of Scotland”.
(6)
In section 68 (application of offences etc. applying to constables)—
(a)
in subsection (1), omit “and section 41(1) and (2) of the Police (Scotland) Act 1967”; and
(b)
omit subsections (4), (5) and (6).
Constitutional Reform Act 2005
45.
“(b)
the chief constable of the Police Service of Scotland;”.
Commissioner for Revenue and Customs Act 2005
46.
(a)
in subsection (2)(a)(ii) for “section 33 or 34 of the Police (Scotland) Act 1967 (c.77)” substitute “sections 71 to 73 of the Police and Fire Reform (Scotland) Act 2012”; and
(b)
in subsection (6)(a) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
Fire (Scotland) Act 2005
47.
Serious Organised Crime and Police Act 2005
48.
(1)
The Serious Organised Crime and Police Act 2005 is modified as follows.
(2)
(3)
(a)
in subsection (7)(d), for “each police authority for an area in Scotland, each joint police board” substitute “the Scottish Police Authority”; and
(b)
omit subsection (8).
(4)
(a)
in subsection (4)(d), for “each police authority for an area in Scotland, each joint police board” substitute “the Scottish Police Authority”; and
(b)
omit subsection (5).
(5)
In section 16(13) (inspections) for “section 33(1) of the Police (Scotland) Act 1967 (c.77)” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
(6)
(a)
omit subsections (5) and (7)(b);
(b)
“(a)
the Police Service of Scotland, or”; and
(c)
in subsection (11)—
(i)
omit the definitions of “police member” and “support staff member”;
(ii)
in the definition of “relevant policing body”—
(aa)
“(a)
in relation to the Police Service of Scotland, the Scottish Police Authority,”; and
(bb)
omit paragraph (f).
(7)
(8)
(a)
in subsection (1)(a)—
(i)
for “a body within subsection (2)” substitute “the Police Service of Scotland”; and
(ii)
for “a body within that subsection” substitute “that Service”;
(b)
in subsection (1)(b) for “the body” substitute “that Service”;
(c)
omit subsection (2);
(d)
in subsection (3)—
(i)
in paragraph (a), for “chief officer of the police force” substitute “chief constable of the Police Service of Scotland”; and
(ii)
omit paragraph (b);
(e)
in subsection (4) for the words “a police force in Scotland or to the Scottish Crime and Drug Enforcement Agency” where they occur substitute “the Police Service of Scotland”; and
(f)
omit subsection (5).
(9)
(10)
In section 36 (general duty of police to pass information to SOCA)—
(a)
in subsection (1) for “Great Britain” substitute “England and Wales”; and
(b)
“(2A)
The chief constable of the Police Service of Scotland has a corresponding duty in relation to crime in Scotland.”.
(11)
In section 42(1) (interpretation of chapter 1)—
(a)
in the definition of “chief officer”—
(i)
in paragraph (b) for “a police force in Scotland, the chief constable” substitute “the Police Service of Scotland, the chief constable of that Service”; and
(ii)
(b)
omit the definition of “joint police board”; and
(c)
in the definition of “police force”—
(i)
in paragraph (a), for “, Wales or Scotland, or” substitute “or Wales,”; and
(ii)
“(aa)
the Police Service of Scotland, or”.
(12)
(a)
in subsection (3)(a) for “Director General of the Scottish Crime and Drug Enforcement Agency” substitute “chief constable of the Police Service of Scotland”; and
(b)
in subsection (4) from “either” to the end substitute “a senior officer (within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012) of the Police Service of Scotland.”.
(13)
In section 82(5) (protection of persons involved in investigations or proceedings)—
(a)
“(b)
the chief constable of the Police Service of Scotland;”; and
(b)
(14)
In section 156 (payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences)—
(a)
in the section title for “police authorities etc.” substitute “Scottish Police Authority”; and
(b)
in subsection (1), for “a police authority or joint police board (within the meaning of the Police (Scotland) Act 1967 (c.77))” substitute “the Scottish Police Authority”.
(15)
In Schedule 5 (persons specified for the purposes of section 82)—
(a)
in paragraph 15, for “(within” to the end substitute “(as defined by section 99(1) of the Police and Fire Reform (Scotland) Act 2012)”; and
(b)
Gambling Act 2005
49.
(1)
(2)
“(da)
the chief constable of the Police Service of Scotland,”.
(3)
“(ba)
the chief constable of the Police Service of Scotland,”.
(4)
After section 25(5)(a) (guidance to local authorities)—
(a)
omit “and”; and
(b)
“(aa)
the chief constable of the Police Service of Scotland, and”.
Immigration, Asylum and Nationality Act 2006
50.
(1)
The Immigration, Asylum and Nationality Act 2006 is modified as follows.
(2)
(3)
In section 39(3)(b) (disclosure to law enforcement agencies) for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.
Health Act 2006
51.
(1)
(2)
In section 18(9) (co-operation between health bodies and other organisations)—
(a)
in paragraph (a)(ii) for “a police force in Scotland, the chief constable” substitute “the Police Service of Scotland, the chief constable of that Service”;
(b)
in paragraph (b)(i) for “, Wales or Scotland, or” substitute “and Wales,”; and
(c)
after paragraph (b)(i)
(i)
omit “or”; and
(ii)
“(ia)
the Police Service of Scotland, or”.
Wireless Telegraphy Act 2006
52.
“(5)
In the application of this section to Scotland, subsection (2) has effect with the substitution—
(a)
for the words “a police force” of the words “the Police Service of Scotland”, and
(b)
for the words “the area for which he acts as constable” of the word “Scotland”.”.
Safeguarding Vulnerable Groups Act 2006
53.
Police and Justice Act 2006
54.
(1)
The Police and Justice Act 2006 is modified as follows.
(2)
Omit section 13(6)(d) (supply of information to police etc by Registrar General).
(3)
(a)
“(k)
the Police Service of Scotland, including the police cadets under the control of the chief constable of that Service,”;
(b)
omit paragraph 3(3)(l);
(c)
in paragraph 4—
(i)
“(a)
the Police Service of Scotland,”;
(ii)
in sub-paragraphs (2)(b) and (2)(c) for “such a force” substitute “that Service”;
(iii)
“and
(d)
the Scottish Police Authority.”;
(iv)
in sub-paragraph (3)(a) omit “Services”; and
(v)
“(b)
the chief constable of the Police Service of Scotland.”;
(d)
in paragraph 6(4)—
(i)
“(a)
the Police Service of Scotland,”;
(ii)
in sub-paragraphs (b) and (c) for “such a force” substitute “that Service”; and
(iii)
“, and
(d)
the Scottish Police Authority.”;
(e)
in paragraph 35—
(i)
“(b)
the Scottish Police Authority;”;
(ii)
omit sub-paragraphs (c) and (d); and
(f)
in paragraph 48—
(i)
in sub-paragraph (8)(a) for “police forces” substitute “the police service”;
(ii)
in sub-paragraph (11)(b) omit “Services”;
(iii)
“(c)
the chief constable of the Police Service of Scotland.”;
(iv)
in sub-paragraph (12)(a) omit “Services”;
(v)
“(b)
the chief constable of the Service of Scotland.”; and
(vi)
omit sub-paragraph (13).
Road Safety Act 2006
55.
Armed Forces Act 2006
56.
“(e)
the Police Service of Scotland;”.
Corporate Manslaughter and Corporate Homicide Act 2007
57.
(1)
(2)
In section 13(1)(a) (application to police forces)—
(a)
omit “or” at the end of sub-paragraph (i); and
(b)
omit sub-paragraph (ii);
(c)
“(aa)
the Police Service of Scotland;”;
(d)
in subsection (3)(d) after “(a)” insert “, (aa)”; and
(e)
in subsection (4) for “a force mentioned” to the end substitute “the Police Service of Scotland, as a reference to a constable of that Service.”.
Legal Services Act 2007
58.
“(b)
the chief constable of the Police Service of Scotland;”.
Regulatory Enforcement and Sanctions Act 2008
59.
Counter-Terrorism Act 2008
60.
(1)
The Counter-Terrorism Act 2008 is modified as follows.
(2)
In section 7(5)(b) (photographing and copying of documents) for “police force for the area in which the search was carried out” substitute “Police Service of Scotland”.
(3)
“(d)
the Police Service of Scotland;”.
(4)
“(4)
This section and section 50(2) apply in relation to Scotland as if Scotland were a police area.”.
(5)
In section 86 (costs of policing at gas facilities: Scotland)—
(a)
in subsection (2)(b)—
(i)
for “provided under an agreement under section 13 of the Police (Scotland) Act 1967 (c.77) for the guarding, patrolling and watching” substitute “(within the meaning of section 86(9) of the Police and Fire Reform (Scotland) Act 2012) provided under an arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012 in respect”; and
(ii)
“(ii)
the chief constable of the Police Service of Scotland.”; and
(b)
in subsection (4), for “agreement as is” substitute “arrangements as are”.
(6)
In section 88 (costs of policing at gas facilities: recovery of costs)—
(a)
in subsection (2) for “agreement under section 13 of the Police (Scotland) Act 1967 (c.77)” substitute “arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012”; and
(b)
in subsection (3)(b) for “agreement under section 13 of the Police (Scotland) Act 1967” substitute “arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012”.
(7)
In Schedule 4 (notification orders)—
(a)
in paragraph 5(1) for “a chief constable” substitute “the chief constable of the Police Service of Scotland”;
(b)
in paragraph 5(2)(a) for “the area of the chief constable’s police force” substitute “Scotland”; and
(c)
in paragraph 5(2)(b) for “that area” substitute “Scotland”.
(8)
In Schedule 5 (foreign travel restriction orders)—
(a)
in paragraph 4(1) for “a chief constable” substitute “the chief constable of the Police Service of Scotland”;
(b)
in paragraph 4(2)(a) for “the area of the chief constable’s police force” substitute “Scotland”;
(c)
in paragraph 4(2)(b) for “that area” substitute “Scotland”;
(d)
in paragraph 4(3) omit from “to a sheriff” to the end;
(e)
in paragraph 9(1)—
(i)
omit “or” at the end of paragraph (a);
(ii)
“(b)
the chief constable of the Police Service of Scotland.”;
(iii)
omit paragraphs (c) and (d); and
(f)
omit paragraph 9(2)(a) and (2)(b)(ii).
Borders, Citizenship and Immigration Act 2009
61.
(a)
in subsection (2)(b) for “section 33 or 34 of the Police (Scotland) Act 1967 (c.77) (inspection)” substitute “Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (Her Majesty’s inspectors of constabulary)”; and
(b)
in subsection (6)(a) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.
Marine and Coastal Access Act 2009
62.
(1)
(2)
In paragraph 13(2)(d) of Schedule 7 (disclosure of information), for “a police force in Scotland” substitute “the Police Service of Scotland”.
(3)
In paragraph 9(2)(d) of Schedule 10 (disclosure of information), for the words “a police force in Scotland” substitute “the Police Service of Scotland”.
Equality Act 2010
63.
(1)
(2)
In section 42 (identity of employer)—
(a)
in subsection (4) for “, SPSA or SCDEA” substitute “or SPA”;
(b)
in subsection (5) for “SPSA” substitute “SPA”; and
(c)
omit subsection (6).
(3)
In section 43 (interpretation)—
(a)
“(5A)
“SPA” means the Scottish Police Authority; and a reference to a constable at SPA is a reference to a constable serving as a member of its staff by virtue of paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012.”;
(b)
omit subsection (7);
(c)
in subsection (8)(c) for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”; and
(d)
“(9)
Subsections (2) and (3) apply in relation to Scotland as follows—
(a)
a reference to a police authority includes a reference to the Scottish Police Authority;
(b)
a reference to a police force includes a reference to the Police Service of Scotland; and
(c)
a reference to a chief officer of police includes a reference to the chief constable of the Police Service of Scotland.”.
(4)
In Part 3 of Schedule 19 (public authorities: relevant Scottish authorities)—
(a)
omit “A joint fire and rescue board constituted by a scheme under section 2(1) of the Fire (Scotland) Act 2005.”;
(b)
for the heading “Police” substitute “Police and Fire”;
(c)
for “A police authority established under section 2 of the Police (Scotland) Act 1967.” substitute “The Scottish Police Authority.”;
(d)
“The chief constable of the Police Service of Scotland.
The Scottish Fire and Rescue Service.
The Chief Officer of the Scottish Fire and Rescue Service.”; and
(e)
“A Chief Constable of a police force maintained under section 1 of the Police (Scotland) Act 1967.”;
“A Chief Officer of a relevant authority appointed under section 7 of the Fire (Scotland) Act 2005.”; and
“The Scottish Police Services Authority.”.
Terrorism Prevention and Investigation Measures Act 2011
64.
(1)
(2)
In section 10(10) (criminal investigations into terrorism-related activity)—
(a)
in the definition of “chief officer”—
(i)
“(b)
in relation to the Police Service of Scotland, means the chief constable of that Service;”; and
(ii)
omit paragraph (e); and
(b)
in the definition of “police force”—
(i)
“(b)
the Police Service of Scotland;”; and
(ii)
omit paragraph (e).
(3)
In paragraph 14 (interpretation) of Schedule 6—
(a)
in the definition of “police force”—
(i)
“(d)
the Police Service of Scotland;”; and
(ii)
omit paragraph (e) and the “or” immediately before it; and
(b)
in the definition of “responsible chief officer of police” in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, for “police force for the area” to the end substitute “Police Service of Scotland;”.
PART 2MODIFICATION OF ACT OF THE SCOTTISH PARLIAMENT
Police and Fire Reform (Scotland) Act 2012
65.
PART 3MODIFICATIONS OF SUBORDINATE LEGISLATION
Social Security (Employed Earners’ Employments for Industrial Injuries Purposes) Regulations 1975
66.
(1)
(2)
(3)
Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984
67.
(1)
Road Vehicles (Construction and Use) Regulations 1986
68.
Income Support (General) Regulations 1987
69.
The Police and Criminal Evidence (Northern Ireland) Order 1989
70.
“(e)
the Police Service of Scotland;”.
Official Secrets Act 1989 (Prescription) Order 1990
71.
(1)
The Official Secrets Act 1989 (Prescription) Order 1990 is modified as follows.
(2)
“Scottish Police Authority
The members and employees of the Authority who are not otherwise Crown servants”
(3)
“Police Investigations and Review Commissioner
The members of the Commissioner’s staff who are not otherwise Crown servants”
Child Support (Maintenance Assessments and Special Cases) Regulations 1992
72.
Goods Vehicles (Licensing of Operators) Regulations 1995
73.
Jobseeker’s Allowance Regulations 1996
74.
(1)
The Jobseeker’s Allowance Regulations 1996 are modified as follows.
(2)
(3)
(4)
Social Security Benefit (Computation of Earnings) Regulations 1996
75.
Health and Safety (Enforcing Authority) Regulations 1998
76.
Scotland Act 1998 (Concurrent Functions) Order 1999
77.
(1)
(2)
In paragraph 2(a)(ii), for “relevant” to “(asp 5))” substitute “the Scottish Fire and Rescue Service”.
(3)
In paragraph 2(b)(iii), for “relevant authorities” substitute “the Scottish Fire and Rescue Service”.
(4)
In paragraph 2(b)(iv), for “relevant authorities” substitute “the Scottish Fire and Rescue Service”.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999
78.
(1)
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 is modified as follows.
(2)
(3)
“(b)
by the Police Service of Scotland;
(c)
by the Scottish Fire and Rescue Service; or”.
Motor Vehicles (Driving Licences) Regulations 1999
79.
Child Support (Maintenance Calculations and Special Cases) Regulations 2001
80.
Representation of the People (Scotland) Regulations 2001
81.
State Pension Credit Regulations 2002
82.
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003
83.
“(i)
the chief constable of the Police Service of Scotland; or”.
Revenue and Customs (Inspections) Regulations 2005
84.
(1)
(a)
for “Section 34 of the Police (Scotland) Act 1967 (appointment of assistant inspectors and staff officers)” substitute “Sections 72 and 73 of the Police and Fire Reform (Scotland) Act 2012 (assistant inspectors and staff officers)”;
(b)
in sub-paragraph (a)—
(i)
for “section 34(1) after “constabulary”” substitute “section 72(1) after “may””; and
(ii)
omit “and”;
(c)
in sub-paragraph (b) for “section 34(1A)” substitute “section 72(1)(b)”; and
(d)
“(c)
in section 72(1)(b) for “constables” substitute “officers of Revenue and Customs”;
(d)
in section 72(2) for “A constable” substitute “An officer of Revenue and Customs”;
(e)
in section 72(3) for “constable” and “constable’s” substitute “officer of Revenue and Customs” and “officer’s”;
(f)
in section 73(1) after “may” insert “for the purposes of carrying out functions under the Revenue and Customs (Inspections) Regulations 2005”, and
(g)
in section 73(1)(b) for “constables” substitute “officers of Revenue and Customs”;
(h)
in section 73(2) for “A constable” substitute “An officer of Revenue and Customs”, and
(i)
In section 73(3) for “constable” and “constable’s” substitute “officer of Revenue and Customs” and “officer’s”.”.
Housing Benefit Regulations 2006
85.
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
86.
Vehicle Drivers (Certificates of Professional Competence) Regulations 2007
87.
(a)
in sub-paragraph (a), for “Great Britain” substitute “England and Wales”;
(b)
omit “and” at the end of that sub-paragraph; and
(c)
“and
(c)
in relation to Scotland, means the Scottish Fire and Rescue Service;”.
Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098)
88.
(1)
The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 is modified as follows.
(2)
In article 2 (interpretation)—
(a)
omit sub-paragraph (b); and
(b)
(3)
In article 3 (disclosure of information)—
(a)
in paragraph (1) omit the words “the Agency or” in both places;
(b)
omit paragraph (5);
(c)
in paragraph (7) omit “, (5)”;
(d)
in paragraph (10) omit “20(1) or”; and
(e)
in paragraph (11)—
(i)
for “Paragraphs (5) and (6) do”, substitute “Paragraph (6) does”; and
(ii)
omit “19(4) or”.
(4)
In Part 1 of the Schedule, omit paragraph 4(16).
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007
89.
The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008
90.
(1)
The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 are modified as follows.
(2)
In regulation 5(2) (licences), omit sub-paragraph (f).
(3)
Employment and Support Allowance Regulations 2008
91.
The Police Act 1997 (Criminal Records) Regulations 2009
92.
Road Vehicles (Approval) Regulations 2009
93.
(a)
in sub-paragraph (a), omit head (ii); and
(b)
“and
(c)
in Scotland means the Scottish Fire and Rescue Service;”.
The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009
94.
The Ministry of Defence Police (Conduct) Regulations 2009
95.
(1)
(2)
In regulation 3 (interpretation and delegation)—
(a)
in paragraph (1)—
(i)
insert in the appropriate place ““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;”;
(ii)
“(b)
in relation to Scotland, an inspector of constabulary appointed under section 71 of the 2012 Act (Her Majesty’s inspectors of constabulary in Scotland);”;
(b)
“(vi)
the Police Service of Scotland;”.
The Ministry of Defence Police Appeals Tribunals Regulations 2009
96.
(1)
(2)
In regulation 3 (interpretation) insert in the appropriate place ““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;”.
(3)
In regulation 5 (appointment and composition of police appeals tribunal)—
(a)
“(i)
one shall be a person chosen from a panel of persons maintained by the Lord President of the Court of Session for the purposes of schedule 3 to the 2012 Act (police appeals tribunals);”;
(b)
“(iii)
one shall be HMCIC or a person who has within the previous five years been an inspector of constabulary for the purposes of section 71 of the 2012 Act (Her Majesty’s inspectors of constabulary in Scotland) or section 33 of the 1967 Act (Inspectors of Constabulary).”;
(c)
in paragraph (4)(b)(i) for “list” substitute “panel”;
(d)
“(iii)
one shall be a person chosen from the list maintained immediately before the day on which this paragraph comes into force by the Scottish Ministers for the purposes of paragraph 2(1)(c) of Schedule 3 to the 1967 Act of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the force; and”.
Regulation of Investigatory Powers (Communications Data) Order 2010
97.
(1)
The Regulation of Investigatory Powers (Communications Data) Order 2010 is modified as follows.
(2)
In Schedule 1—
(a)
“The Police Service of Scotland
Superintendent
Inspector
Section 22(2)(a), (b), (c) (d), (e) and (g)
Article 2(b)”;
(b)
omit the entry for the Scottish Crime and Drug Enforcement Agency.
(3)
(a)
omit the entry for a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(b)
“The Scottish Fire and Rescue Service
Fire Control Officer
—
Section 22(2)(g)”;
(c)
“The Police Investigations and Review Commissioner
Commissioner or Director of Investigations
—
Section 22(2)(b) Article 2(b)”;
(4)
(a)
in the entry for a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, omit the second row (which relates to the Principal Fire Control Officer or Group Manager);
(b)
“The Scottish Fire and Rescue Service
Principal Fire Control Officer or Group Manager
—
Section 22(2)(b) and (d)”;
Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010
98.
(a)
“The Police Service of Scotland
Superintendent
Inspector
Paragraphs (a), (b), (c), (d) and (e)”;
(b)
omit the entry for the Scottish Crime and Drug Enforcement Agency.
The Pyrotechnic Articles (Safety) Regulations 2010
99.
(1)
(2)
In regulation 3(2)(a) (scope and exclusions)—
(a)
“(iii)
the Police Service of Scotland,”;
(b)
“(xii)
the Scottish Fire and Rescue Service, or”; and
(c)
omit head (x).
The Ministry of Defence Police (Performance) Regulations 2012
100.
“(f)
the Police Service of Scotland; or”.
SCHEDULE 3TRANSITIONAL AND SAVINGS PROVISIONS
Transitional provisions: firearms
1.
(1)
(2)
Paragraph (3) applies to an application made under the 1968 Act or the 1988 Act to a Scottish chief officer—
(a)
for the grant or renewal of a firearm certificate or a shot gun certificate, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a certificate or (as the case may be) a renewal;
(b)
for the variation of a firearm certificate, but in respect of which no decision has been taken before the relevant day either to vary or refuse to vary the certificate;
(c)
for a visitor’s firearm permit or a visitor’s shot gun permit, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a permit;
(d)
for the issue or renewal of a European firearms pass, but in respect of which no decision has been taken before the relevant day either to issue or refuse to issue a pass or (as the case may be) renew or refuse to renew a pass;
(e)
for registration as a firearms dealer, but which has not been determined before the relevant day;
(f)
for registration by a registered firearms dealer of a new place of business, but which has not been determined before the relevant day;
(3)
Where this paragraph applies an application is to be treated on and after the relevant day as if it had been made to the chief constable of the Police Service of Scotland (and is to be determined accordingly).
(4)
(5)
Savings provision: data protection
2.
Transitional provisions: regulation of investigatory powers
3.
(1)
(2)
Anything else done under the 2000 Act before the relevant day by or in relation to a constable serving with a police force maintained under the 1967 Act or as a member of the Scottish Crime and Drug Enforcement Agency is, on and after that day, to be treated as having been done by or in relation to the constable while serving as a constable of the Police Service of Scotland.
Transitional provision: agreements with Police Complaints Commissioner for Scotland
4.
Transitional provision: officers engaged on service outwith their force
5.
Transitional provisions: declarations
6.
7.
Transitional provision: bail
8.
Transitional provisions: armed forces
9.
(1)
(2)
Pensions: savings
10.
(1)
(2)
The amendments made by paragraphs 3, 7(3) and 8(2) of Schedule 2 to this Order do not affect the operation of the Acts modified by those paragraphs in relation to special constables or police cadets appointed under the 1967 Act.
(3)
(a)
(b)
service as an inspector or assistant inspector of constabulary under the 1967 Act;
(c)
central service pursuant to section 38 of the 1967 Act;
(d)
(4)
(5)
(6)
(a)
temporary service in accordance with section 12A(2) of the 1967 Act;
(b)
central service pursuant to section 38 of the 1967 Act;
(c)
(d)
service with the Scottish Police Services Authority;
(e)
service as the Director General or Deputy Director General of, or as a police member of, the Scottish Crime and Drug Enforcement Agency.
Transitional and saving provision: transfer of functions
11.
(1)
(2)
Anything (including legal proceedings) which, at the time the modifications in paragraph 78(3) and paragraph 83 of Schedule 2 to this Order take effect, is in the process of being done by or in relation to the Scottish Ministers may, so far as it relates to any function the transfer of which is modified by those paragraphs, be continued on the date of the modification by or in relation to them.
(3)
Anything done (or having effect as if done) by or in relation to the Scottish Ministers for the purposes of or in connection with any function the transfer of which is modified by paragraph 78(3) or paragraph 83 of Schedule 2 to this Order has effect, if in force at the time when the modification takes effect, as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect on and after the date of the modification.
Transitional provisions: criminal offences
12.
(1)
Any criminal offence committed before the relevant day by an office-holder or body mentioned in column 1 of the Table below is, on and after that day, to be regarded for all purposes as if it had been committed by the office-holder or body mentioned in column 2 of the Table and criminal proceedings may be instituted or continued against the office-holder or body accordingly.
Column 1 | Column 2 |
|---|---|
Chief constable of a police force maintained under the 1967 Act | Chief constable of the Police Service of Scotland |
Police force maintained under the 1967 Act | Police Service of Scotland |
Police authority or joint police board established under the 1967 Act | Scottish Police Authority |
Relevant authority (within the meaning of the 2005 Act)275 | Scottish Fire and Rescue Service |
Scottish Police Services Authority | Scottish Police Authority |
Director General of the Scottish Crime and Drug Enforcement Agency established and maintained under the 2006 Act276 | Chief constable of the Police Service of Scotland |
(2)
Paragraph (1) does not apply in relation to any offence committed by an office-holder in a personal capacity.
Transitional provisions: arrangements with Ministry of Defence Police
13.
(1)
Sub-paragraphs (2) and (3) apply to any arrangement—
(a)
(b)
subsisting immediately before the relevant day.
(2)
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 2A of the 1987 Act between the chief constable of the Police Service of Scotland and the chief constable of the Ministry of Defence Police.
(3)
Any member of the Ministry of Defence Police provided for the assistance of a police force in pursuance of an arrangement to which this sub-paragraph applies—
(a)
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
(b)
while providing such assistance—
(i)
is under the direction and control of the chief constable of that Service; and
(ii)
has all the powers and privileges of a constable of that Service.
Transitional provisions: arrangements with British Transport Police Force
14.
(1)
Sub-paragraphs (2) and (3) apply to any arrangement—
(a)
(b)
subsisting immediately before the relevant day; and
(c)
by virtue of which assistance is given from the resources of the British Transport Police Force to that police force.
(2)
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under article 5 of this Order between the chief constable of the British Transport Police Force and the chief constable of the Police Service of Scotland.
(3)
Any constable of the British Transport Police Force provided for the assistance of a police force in pursuance of an arrangement to which this sub-paragraph applies—
(a)
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
(b)
while providing such assistance—
(i)
is under the direction and control of the chief constable of that Service; and
(ii)
has all the powers and privileges of a constable of that Service.
(4)
Sub-paragraphs (5) and (6) apply to any arrangement—
(a)
made under section 11 of the 1967 Act between the chief constable of a police force and the chief constable of the British Transport Police Force;
(b)
subsisting immediately before the relevant day; and
(c)
by virtue of which assistance is given from the resources of that police force to the British Transport Police Force.
(5)
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under article 6 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the British Transport Police Force.
(6)
Any constable of a police force provided for the assistance of the British Transport Police Force in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—
(a)
to be provided for the assistance of the British Transport Police Force;
(b)
to be under the direction and control of the chief constable of that Force while providing such assistance; and
(c)
to have all the powers and privileges of a constable of that Force for that purpose.
15.
(a)
that request is to be treated, on and after the relevant day, as having been made by a constable of the Police Service of Scotland; and
(b)
the constable of the British Transport Police Force has all the powers and privileges of a constable of the Police Service of Scotland for the purposes of the incident, investigation or operation in relation to which the constable of the British Transport Police Force is providing assistance.
16.
(1)
Sub-paragraph (2) applies to any agreement—
(a)
(b)
subsisting immediately before the relevant day.
(2)
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the British Transport Police Force.
(3)
Sub-paragraph (4) applies to any agreement—
(a)
made under section 12 of the 1967 Act between a police authority and the British Transport Police Authority; and
(b)
subsisting immediately before the relevant day.
(4)
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the Scottish Police Authority and the British Transport Police Authority.
Transitional provision: arrangements with Civil Nuclear Constabulary
17.
(1)
Sub-paragraph (2) applies to any agreement—
(a)
made under section 12 of the 1967 Act between the chief constable of a police force and the chief constable of the Civil Nuclear Constabulary; and
(b)
subsisting immediately before the relevant day.
(2)
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the Civil Nuclear constabulary.
(3)
Sub-paragraph (4) applies to any agreement—
(a)
made under section 12 of the 1967 Act between a police authority and the Civil Nuclear Police Authority; and
(b)
subsisting immediately before the relevant day.
(4)
An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the Scottish Police Authority and the Civil Nuclear Police Authority.
(5)
In this paragraph and paragraphs 14 to 16—
(a)
(b)
“police force” means a police force maintained by a police authority.
Transitional provisions: arrangements with police forces in England and Wales and the Police Service of Northern Ireland
18.
(1)
Sub-paragraphs (2) to (4) apply to any arrangement—
(a)
(b)
subsisting immediately before the relevant day.
(2)
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 98 of the 1996 Act between the chief constable of the Police Service of Scotland and the England and Wales chief officer with whom the arrangement was made.
(3)
Any constable of a police force in Scotland provided for the assistance of a police force in England and Wales in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—
(a)
to be provided for the assistance of that force;
(b)
to be under the direction and control of the chief officer of that force while providing such assistance; and
(c)
to have all the powers and privileges of a constable of that force for that purpose.
(4)
Any constable of a police force in England and Wales provided for the assistance of a police force in Scotland in pursuance of an arrangement to which this sub-paragraph applies—
(a)
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
(b)
while providing such assistance—
(i)
is under the direction and control of the chief constable of that Service; and
(ii)
has all the powers and privileges of a constable of that Service.
(5)
Sub-paragraphs (6) to (8) apply to any arrangement—
(a)
made under section 98 of the 1996 Act between a Scottish chief officer and the chief constable of the Police Service of Northern Ireland; and
(b)
subsisting immediately before the relevant day.
(6)
An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 98 of the 1996 Act between the chief constable of the Police Service of Scotland and the chief constable of the Police Service of Northern Ireland.
(7)
Any constable of a police force in Scotland provided for the assistance of the Police Service of Northern Ireland in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—
(a)
to be provided for the assistance of that Service;
(b)
to be under the direction and control of the chief constable of that Service while providing such assistance; and
(c)
to have all the powers and privileges of a constable of that Service for that purpose.
(8)
Any constable of the Police Service for Northern Ireland provided for the assistance of a police force in Scotland in pursuance of an arrangement to which this sub-paragraph applies—
(a)
is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and
(b)
while providing such assistance—
(i)
is under the direction and control of the chief constable of that Service; and
(ii)
has all the powers and privileges of a constable of that Service.
(9)
In this paragraph “England and Wales chief officer” means a chief officer of a police force maintained under the 1996 Act.
Transitional and saving provision: costs of policing at gas facilities
19.
(1)
(2)
On the date this Order comes into force any interest of the police authority or joint police board in any such agreement transfers to the Scottish Police Authority and any interest of the chief constable of the police force in any such agreement transfers to the chief constable of the Police Service of Scotland.
(3)
(4)
In this paragraph—
“police force” means a police force maintained under the 1967 Act;
“extra police services” has the meaning given by section 86(2)(b) of the Counter-Terrorism Act 2008; and
“joint police board” and “police authority” mean a joint police board or police authority established under section 2(1) or 19(1) of the 1967 Act respectively.
This Order makes provision in consequence of the Police and Fire Reform (Scotland) Act 2012 (“the 2012 Act”).
Part 1 contains the extent and interpretation provisions.
Part 2 of the Order makes provision in relation to the Police. Provision is made so that the Police Investigations and Review Commissioner may enter into agreements with various law enforcement bodies for the Commissioner to investigate serious incidents which take place in Scotland involving officers of those bodies. It also provides that the Commissioner may investigate criminal conduct involving a person serving with one of those bodies where directed to do so by the Lord Advocate in his capacity as head of the system of criminal investigations and prosecutions in Scotland. Mutual assistance between the Police Service of Scotland and the British Transport Police Force (“BTP”) in response to special demands placed on them is also included, along with power to enter into collaboration agreements between the Police Service of Scotland and the BTP, Civil Nuclear Constabulary (“CNC”) or Ministry of Defence Police (“MDP”) so that functions or resources may be exercised or deployed jointly where that may be efficient or advantageous. The criminal offence of causing disaffection amongst members of the Police Service of Scotland, the BTP or CNC is created. The offences of assaulting or impeding a member of a police force and escape from custody contained in the 2012 Act are applied to the CNC and MDP.
Other provision in Part 2 includes power for the Secretary of State and Scottish Ministers to make grants to the Scottish Police Authority in connection with safeguarding of national security. Particular provision in relation to independent custody visiting for terrorism detainees and the refusal of access to any detainee where there are urgent and compelling national defence grounds is made. Express power is given to make it clear that goods and services may be provided outwith Scotland under section 87 of the 2012 Act. There is saving provision in relation to pensions for police officers and cadets on various types of service and power for the Scottish Ministers to make pension provision for special constables and police cadets of the Police Service of Scotland.
Part 3 of the Order makes provision in relation to fire and rescue. In particular, provision is made which permits the Scottish Fire and Rescue Service (“SFRS”) to provide assistance to fire and rescue authorities in England and Wales or the Northern Ireland Fire and Rescue Service in the carrying out of their functions. Provision is also made which permits reciprocal assistance to be provided by those services to SFRS. The Order ensures that in all cases a fire-fighter assisting a service in another part of the UK has the powers and protections necessary to carry out that function.
Part 4 and Schedules 1 and 2 to the Order make provision for consequential amendments to primary and secondary legislation in consequence of the establishment of the new Police Service of Scotland and SFRS. Schedule 3 makes transitional and saving provision in connection with that establishment and the consequential amendments.