The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

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.