Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Police, Public Order and Criminal Justice (Scotland) Act 2006

Type Act of the Scottish Parliament

Publication 2025-06-25

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4A) (1) For the purpose of enforcing restrictions imposed by, or regulations made by, an order under section 1 conferring a right of regulating a fishery, a British sea-fishery officer may exercise the powers conferred by subsections (2) to (7) in relation to— (a) a Scottish fishing boat wherever it may be; (b) any other fishing boat in the Scottish zone. (2) The officer may go on board the boat, with or without persons assigned to assist in the duties of that officer, and may, for that purpose or for the purpose of disembarking from the boat, require the boat to stop, and anything else to be done which will facilitate the boarding of, or as the case may be, disembarking from, the boat. (3) The officer may require the attendance of the master and any other person on board the boat and may make any examination and inquiry which appears to the officer to be necessary for the purpose of enforcing such restrictions or regulations. (4) In particular under subsection (3) the officer may— (a) search the boat for shellfish or fishing gear; (b) examine any shellfish on the boat and the equipment (including the fishing gear) of the boat, and require persons on board the boat to do any thing which appears to the officer to be necessary for facilitating the examination; (c) require any person on the boat to produce any relevant document in the person's custody or possession; (d) for the purpose of ascertaining whether an offence under section 3(3) has been committed, search the boat for any relevant document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; (e) inspect, take copies of and retain possession of, while any search, examination or inspection provided for under this subsection is being carried out, any relevant document produced to the officer or found on board; (f) require the master or any person for the time being in charge of the boat to render any relevant document on a computer system into visible and legible form and to produce it in a form in which it may be taken away; and (g) where the boat is one in relation to which the officer has reason to suspect that an offence under section 3(3) has been committed, seize and detain any relevant document produced to the officer or found on board, for the purpose of enabling the document to be used as evidence in proceedings for the offence. (5) But subsection (4)(g) does not permit any document required by law to be carried on a boat to be seized and detained except while the boat is detained in a port. (6) In subsection (4), “relevant document” means a document relating to— (a) the boat; or (b) the catching, landing, transportation, transhipment, sale or disposal of shellfish. (7) Where it appears to a British sea-fishery officer that an offence under section 3(3) has at any time been committed the officer— (a) may take, or require the master of any boat in relation to which the offence took place to take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and (b) may detain, or require the master to detain, the boat in the port. (8) Where a British sea-fishery officer detains or requires the detention of a boat under subsection (7)(b), the officer must serve notice in writing on the master stating that the boat is or, as the case may be, is required to, be detained until the time mentioned in subsection (9). (9) That time is when the master is served with a notice in writing signed by a British sea-fishery officer stating that the previous notice ceases to have effect. (4B) (1) For the purpose of enforcing restrictions imposed by, or regulations made by, an order under section 1 conferring a right of regulating a fishery, a British sea-fishery officer may exercise the powers conferred by subsections (2) to (11) of this section in relation to— (a) any premises (other than a dwelling-house) used for— (i) carrying on any business in connection with the operation of fishing boats; (ii) an activity connected with or ancillary to the operation of fishing boats; or (iii) the treatment, storage or sale of shellfish; (b) any vehicle which the officer has reasonable cause to believe is being used— (i) to dredge, fish for or take shellfish; or (ii) to transport shellfish. (2) The officer may enter and inspect, at any reasonable time, the premises or vehicle (and, in the case of a vehicle, for that purpose require the vehicle to stop or require the operator to take the vehicle to a particular place). (3) The officer may, in exercising the power conferred by subsection (2), take with the officer such other persons as appear to the officer to be necessary and any equipment or materials. (4) The officer may examine any shellfish on the premises or vehicle and require persons on the premises or vehicle to do anything which appears to the officer to be necessary for facilitating the examination. (5) The officer may on the premises or vehicle carry out such other inspections and tests as may reasonably be necessary. (6) The officer may require any person not to remove or cause to be removed any shellfish from the premises or vehicle for such a period as may be reasonably necessary for the purposes of establishing whether an offence under section 3(3) has at any time been committed. (7) The officer may require any person on the premises or vehicle to produce any relevant document in the person's custody or possession. (8) The officer may, for the purpose of establishing whether an offence under section 3(3) has been committed, search the premises or vehicle for any relevant document, and may require any person on the premises or vehicle to do anything which appears to the officer to be necessary for facilitating the search. (9) The officer may inspect and take copies of any relevant document produced or found on the premises or vehicle. (10) The officer may require any person to render any relevant document on a computer system into a visible and legible form and to produce it in a form in which it may be taken away. (11) If the officer has reasonable grounds to suspect that an offence under section 3(3) has been committed, the officer may seize and detain any relevant document produced or found on the premises or vehicle, for the purpose of enabling the document to be used as evidence in proceedings for the offence. (12) A sheriff may, if satisfied by evidence on oath as to the matters mentioned in subsection (13), grant a warrant authorising a British sea-fishery officer to enter premises (if necessary using reasonable force), accompanied by such persons as appear to the officer to be necessary. (13) Those matters are— (a) that there are reasonable grounds to believe that anything which a British sea-fishery officer has power under this section to examine or inspect is on the premises and that the examination or inspection is likely to disclose evidence of the commission of an offence under section 3(3); and (b) that any of the following is the case— (i) admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under subsection (12) has been given to the occupier; (ii) an application for admission, or the giving of such notice, would defeat the object of entry; (iii) the premises are unoccupied or the occupier is temporarily absent and it might defeat the object of entry to await the return of the occupier. (14) A warrant under subsection (12) is valid for the period of one month beginning with the date on which it is granted or for such shorter period as the sheriff may specify. (15) In this section— - “premises” includes land; and - “relevant document” means a document relating to the catching, landing, transportation, transhipment, sale or disposal of shellfish. (4C) (1) A British sea-fishery officer may seize— (a) in Scotland or in the Scottish zone; or (b) on a Scottish fishing boat wherever it may be, any shellfish and any net or other fishing gear to which subsection (2) applies. (2) This subsection applies to— (a) any shellfish in respect of which the officer has reasonable grounds to suspect that an offence under section 3(3) has been committed; (b) any net or other fishing gear which the officer has reasonable grounds to suspect has been used in the commission of such an offence. (3) In this section— (a) “Scotland” has the meaning given by the Scotland Act 1998 (c. 46); and (b) references to shellfish include any receptacle which contains shellfish. (4D) (1) A British sea-fishery officer, or a person assisting such an officer by virtue of section 4A(2) or 4B(3) or (12), is not liable in any civil or criminal proceedings for anything done in the purported exercise of a power conferred by section 4A, 4B or 4C if the court is satisfied— (a) that the act was done in good faith; (b) that there were reasonable grounds for doing it; and (c) that it was done with reasonable skill and care. (2) A person who— (a) fails without reasonable excuse to comply with any requirement imposed on the person by a British sea-fishery officer under a power conferred by section 4A or 4B; (b) without reasonable excuse prevents, or attempts to prevent, any other person from complying with such a requirement; or (c) obstructs such an officer in the exercise of any of those powers or the powers conferred by section 4C, shall be guilty of an offence. (3) A person who commits an offence under subsection (2) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine.

(2) In section 22 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (interpretation), after the definition of “sea fishing boat” there is inserted the following definition—

“Scottish fishing boat” means a fishing vessel registered in the register maintained under section 8 of the Merchant Shipping Act 1995 (c. 21) whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;

(3) In section 15 of the Sea Fisheries Act 1968 (c. 77) (amendment of Sea Fisheries (Shellfish) Act 1967), after subsection (2) there is inserted—

(2A) The reference in section 3(1) of the Sea Fisheries (Shellfish) Act 1967 to an order under section 1 of that Act conferring on the grantees a right of regulating a fishery which imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of shellfish shall be construed as including a reference to an order under section 1 of that Act conferring on the grantees such a right which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations; and the references in sections 3(1)(a), (2) and (3) of that Act to restrictions and regulations shall be construed as including a reference to restrictions so imposed and regulations so made. (2B) The references in sections 4A(1) and 4B(1) of the Sea Fisheries (Shellfish) Act 1967 to restrictions imposed by, or regulations made by, an order under section 1 of that Act conferring a right of regulating a fishery, shall be construed as including a reference to restrictions imposed by, or regulations made by, the grantees by virtue of an order under section 1 of that Act which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations.

Part 4 — General

Meanings of “the 1967 Act”, “the 1995 Act” and “the 2003 Act”

99

In this Act—

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46); and

“the 2003 Act” means the Sexual Offences Act 2003 (c. 42).

Equal opportunities

100

(1) A person discharging a function by virtue of this Act shall discharge that function in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(2) In subsection (1), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

Modifications of enactments

101

Schedule 6 (which contains modifications of enactments) has effect.

Ancillary provision

102

(1) The Scottish Ministers may by order make such supplementary, incidental, consequential, transitory, transitional or saving provision as they consider necessary or expedient for the purposes of, in consequence of or for giving full effect to this Act or any provision of it.

(2) An order under subsection (1) may modify any enactment (including this Act).

Subordinate legislation

103

(1) The powers of the Scottish Ministers under this Act to make orders and regulations are exercisable by statutory instrument.

(2) Each of those powers includes power to make—

(a) different provision for different purposes; and

(b) supplementary, incidental, consequential, transitory, transitional or saving provision.

(3) Subject to subsections (4) and (5), a statutory instrument containing an order or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) The following statutory instruments are not to be made unless a draft of the instrument has been laid before, and approved by, the Scottish Parliament—

(a) a statutory instrument containing an order under section 18(1) or 24(1), paragraph 10(10) of schedule 1, ... paragraph 9(1) of schedule 2 or paragraph 7A(8) or 7B(4) of schedule 4 or regulations under section 41D(1); or

(b) a statutory instrument containing an order under section 102(1) containing provisions which add to, replace or omit any part of the text of an Act.

(5) Subsection (3) does not apply to an order under section 104(1).

Commencement

104

(1) This Act comes into force in accordance with provision made by order by the Scottish Ministers.

(2) Subsection (1) does not apply to this section or section 99, 100, 102, 103 or 105.

Short title

105

This Act may be cited as the Police, Public Order and Criminal Justice (Scotland) Act 2006.

SCHEDULE 1

Interpretation

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Status

2

(1) The Authority—

(a) is not a servant or agent of the Crown; and

(b) has no status, immunity or privilege of the Crown.

(2) The Authority's property is not property of, or property held on behalf of, the Crown.

Membership

3

(1) The Scottish Ministers must appoint the members of the Authority.

(2) Each member must fall within one of the categories mentioned in sub-paragraph (3).

(3) Those categories are—

(a) police force members;

(b) police authority members;

(4) The Authority is to consist of not more than 10 members and, subject to sub-paragraph (5), must include—

(a) a convener (who must be a lay member); and

(b) at least two members (not including the convener) falling within each of the categories mentioned in sub-paragraph (3).

(5) Sub-paragraph (4)(b) does not apply if, in the opinion of the Scottish Ministers, its application would—

(a) prevent the Authority from operating; or

(b) prevent or impede the effective or efficient operation of the Authority.

(6) A person may be appointed as a police force member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of chief constables of police forces.

(7) A person may be appointed as a police authority member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of police bodies.

(8) Sub-paragraph (4)(b) does not apply if—

(a) the Scottish Ministers request the persons referred to in sub-paragraph (6) or (7) to nominate persons for appointment as a police force member or a police authority member of the Authority; and

(b) the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.

(9) A person is disqualified from appointment, and from holding office, as a police authority member or a lay member of the Authority if that person is—

(a) a member of—

(i) the House of Lords;

(ii) the House of Commons;

(iii) the Scottish Parliament;

(iv) the European Parliament; or

(b) disqualified from standing for election as a member of—

(i) the House of Commons;

(ii) the Scottish Parliament; or

(iii) a local authority.

(10) A person is disqualified from appointment, and from holding office, as a lay member of the Authority if that person is—

(a) a constable of a police force;

(b) a member of—

(i) a police force maintained under section 2 of the Police Act 1996 (c. 16);

(ii) the metropolitan police force or of the City of London police force;

(iii) the Police Service of Northern Ireland;

(iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);

(v) the British Transport Police Force;

(vi) the Civil Nuclear Constabulary;

(vii) the States of Jersey Police Force;

(viii) the salaried police force of the Island of Guernsey; or

(ix) the Isle of Man Constabulary;

(d) a member of a local authority; or

(e) a member of staff of the Authority.

(11) The Scottish Ministers may by order amend sub-paragraph (4) by substituting for the maximum number of members for the time being specified there such other number as they think fit.

(12) Before making an order under sub-paragraph (11) the Scottish Ministers must consult—

(a) the Authority;

(b) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

Deputy convener

4

Members of the Authority must elect, from among their number, a member to chair meetings when the convener is not present (the “deputy convener”).

Tenure

5

(1) Subject to this paragraph, each member holds and vacates office on such terms and conditions, and for such period, as the Scottish Ministers may determine.

(2) The Scottish Ministers may, on the expiry of a period of appointment of a member, reappoint the member for a single further period.

(3) Each member may, by written notice to the Scottish Ministers, resign as a member.

(4) A police force member ceases to be a member of the Authority on ceasing to hold the rank of chief constable of a police force.

(5) Subject to sub-paragraphs (6) and (7), a police authority member ceases to be a member of the Authority on ceasing to be a member of a local authority.

(6) Sub-paragraph (7) applies where a member of the Authority ceases to be a member of a local authority by reason only of the member's retirement by virtue of section 5(4) of the Local Government etc. (Scotland) Act 1994 (c. 39) (elections and terms of office of councillors).

(7) Where—

(a) the member had the function of chairing meetings of a police authority, the member continues to hold office as a member of the Authority until the date of the first meeting of the local authority following the election in consequence of which that person retired;

(b) the member had the function of chairing meetings of a joint police board, the member continues to hold office as a member of the Authority until the date of the first meeting of the board following the election in consequence of which that person retired.

Removal from office

6

(1) The Scottish Ministers may remove a person from office as a member of the Authority if they consider that any of the grounds mentioned in sub-paragraph (2) is satisfied.

(2) Those grounds are—

(a) the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors, or has granted a trust deed for creditors or a composition contract;

(b) the member is incapacitated as a result of physical or mental illness;

(c) the member has, without reasonable excuse, been absent from meetings of the Authority for a period longer than 4 consecutive months;

(d) the member has, without reasonable excuse, been absent from 3 consecutive meetings of the Authority;

(e) the member has been convicted (whether before or after the member's appointment) of a criminal offence;

(f) the member has failed to comply with the terms of the member's appointment;

(g) the member, being a police force member, has been suspended from duty by virtue of regulations made under section 26 of the 1967 Act;

(h) the member, being a police authority member, has had the member's entitlement to attend meetings suspended under section 19(1)(b) or (c) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7); or

(i) the member is otherwise unfit or unable to carry out the member's functions as convener or member.

Members to ensure Authority is run efficiently and effectively

7

It is the duty of each member to ensure that the Authority is run efficiently and effectively.

Remuneration and pensions of convener and lay members

8

(1) The Authority must pay to the convener and each of the other lay members such remuneration, allowances and expenses as the Scottish Ministers determine.

(2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the convener or a lay member of the Authority as the Scottish Ministers determine.

(3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

(4) The arrangements mentioned in sub-paragraph (2) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

(5) Sub-paragraph (6) applies where a person ceases to be the convener or a lay member of the Authority and the Scottish Ministers determine that there are special circumstances making it right for the person to receive compensation.

(6) The Scottish Ministers may direct the Authority to pay such amount of compensation to the person as the Scottish Ministers consider appropriate.

(7) Police force members and police authority members are not entitled to remuneration, allowances or expenses from the Authority in respect of their work as members of the Authority.

Chief Executive

9

(1) The Authority is to have a Chief Executive who—

(a) must not be a member of the Authority; and

(b) reports to the members of the Authority.

(2) The first appointment of the Chief Executive is to be made by the Scottish Ministers after consultation with—

(a) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces;

(b) persons whom the Scottish Ministers consider represent the interests of police bodies; and

(3) The first appointment of the Chief Executive is to be made on such terms and conditions as the Scottish Ministers may determine.

(4) The Authority must pay the person appointed under sub-paragraph (3) such remuneration, allowances and expenses as the Scottish Ministers determine.

(5) Subsequent appointments of the Chief Executive are to be made by the Authority with the approval of the Scottish Ministers on such terms and conditions as the Authority may with such approval determine.

(6) The Authority must pay the Chief Executive appointed by the Authority such remuneration, allowances and expenses as the Scottish Ministers determine.

(7) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Chief Executive as the Scottish Ministers determine.

(8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment.

(9) The arrangements mentioned in sub-paragraph (7) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

Staff of the Authority

10

(1) Subject to sub-paragraphs (6)(b) and (8)(a), the Authority may appoint other employees on such terms and conditions as the Authority determines.

(2) The Authority may make arrangements for constables of police forces to be seconded to the Authority to serve as members of its staff.

(3) The Authority may make arrangements for persons falling within sub-paragraph (4) to be seconded to the Authority to serve as members of its staff.

(4) A person falls within this sub-paragraph if the person is a member of—

(a) a police force maintained under section 2 of the Police Act 1996 (c. 16);

(b) the metropolitan police force or of the City of London police force;

(d) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Minister of Defence Police Act 1987 (c. 4);

(e) the British Transport Police;

(f) the Civil Nuclear Constabulary;

(g) the States of Jersey Police Force;

(h) the salaried police force of the Island of Guernsey;

(i) the Isle of Man Constabulary; or

(j) the Serious Organised Crime Agency.

(5) Sub-paragraph (6) applies if—

(a) a constable is seconded to the Authority under sub-paragraph (2); and

(b) the Authority does not appoint the constable to be a police member of the Agency in accordance with paragraph 7 of schedule 2.

(6) The constable—

(a) is engaged with the Authority on a period of relevant service within the meaning of section 38A(1)(bd) of the 1967 Act;

(b) is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and

(7) Sub-paragraph (8) applies if—

(a) a person is seconded to the Authority under sub-paragraph (3); and

(b) the Authority does not appoint the person to be a police member of the Agency in accordance with paragraph 7 of schedule 2.

(8) The person—

(a) is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and

(b) is under the direction and control of the Authority.

(9) A determination under sub-paragraph (6)(b) or (8)(a) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 23 of this Act.

(10) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it (subject to such modifications as they consider appropriate) to—

(a) constables seconded to the Authority under sub-paragraph (2); or

(b) persons seconded to the Authority under sub-paragraph (3),

who are not appointed to be police members of the Agency in accordance with paragraph 7 of schedule 2.

(11) Before making an order under sub-paragraph (10) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—

(a) submit a draft to the Police Advisory Board for Scotland; and

(b) consider any representations made by the Board as to the draft.

Remuneration and pensions of staff

11

(1) Subject to section 23, paragraph 10(10) of this schedule and paragraph 9(1) of schedule 2, the Authority must pay to members of its staff such remuneration, allowances and expenses as the Authority determines.

(2) A determination under sub-paragraph (1) as respects persons within sub-paragraph (3) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 23 of this Act.

(3) Those persons are—

(a) constables seconded to the Authority under paragraph 10(2); and

(b) persons seconded to the Authority under paragraph 10(3),

who are not appointed to be police members of the Agency in accordance with paragraph 7 of schedule 2.

(4) A determination under sub-paragraph (1) as respects police members of the Agency may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.

(5) The Authority may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff.

(6) The reference in sub-paragraph (5) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment or, as the case may be, loss of office.

(7) The arrangements mentioned in sub-paragraph (5) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

(8) In this paragraph references to members of staff of the Authority do not include the Chief Executive or the Director General or Deputy Director General of the Agency.

Committees and sub-committees

12

(1) The Authority may establish committees for any purpose.

(2) Any committee so established may establish sub-committees.

(3) Any such committee or sub-committee must be chaired by a member of the Authority.

(4) A person who is not a member of the Authority may be appointed to any such committee or sub-committee.

(5) Subject to sub-paragraph (6), the Authority may pay such remuneration, allowances and expenses as it may determine to a member of any such committee or sub-committee who is not—

(a) a member of the Authority; or

(b) a member of the Authority's staff.

(6) Sub-paragraph (5) does not apply to a member of a committee or sub-committee who is—

(a) a constable of, or otherwise employed by, a police force; or

(b) a member of a local authority.

Procedure

13

(1) Subject to sub-paragraph (2), the Authority may regulate—

(a) its own procedure (including the number of members required to constitute a quorum); and

(b) the procedure (including the number of members required to constitute a quorum) of its committees and sub-committees.

(2) Any determination as to the quorum for meetings of the Authority or any of its committees or sub-committees must be made at a meeting of the Authority attended by the convener and at least 4 other members.

Delegation of functions

14

(1) Subject to sub-paragraph (2), the Authority may authorise—

(a) any of its committees; or

(b) any of its members of staff,

to perform on behalf of the Authority such of its functions as it may determine.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A committee of the Authority may authorise—

(a) any of its sub-committees; or

(b) any of the Authority's members of staff,

to perform on behalf of the committee such of its functions as it may determine.

Incidental powers

15

(1) The Authority may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the carrying out of its functions, including in particular—

(a) entering into contracts;

(b) acquiring and disposing of property (whether heritable or moveable);

(d) forming or promoting (whether alone or with another) companies under the Companies Act 2006.

(2) The power conferred by sub-paragraph (1)(b) includes power to accept—

(a) gifts of money; and

(b) gifts or loans of other property

on such terms as the Authority considers appropriate.

(3) The Authority may not exercise the powers conferred by paragraphs (b) to (d) of sub-paragraph (1) without the consent of the Scottish Ministers.

(4) Such consent may be given—

(a) with respect to a particular case or a particular class of cases;

(b) subject to such conditions as the Scottish Ministers consider appropriate.

Accounts

16

(1) The Authority must—

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year

in relation to each of the Authority and the Agency.

(2) A statement of accounts under sub-paragraph (1) must be in such form and contain such information as the Scottish Ministers may direct.

(3) The Authority must send a copy of each statement of accounts to the Scottish Ministers.

(4) The Scottish Ministers must send a copy of each statement of accounts to the Auditor General of Scotland for auditing.

SCHEDULE 2

The Director General

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Deputy Director General

2

(1) The first Deputy Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Deputy Director of the old Agency.

(2) The first Deputy Director General holds office as Deputy Director General until the term of appointment as Deputy Director of the old Agency would have ended.

(3) Each subsequent Deputy Director General—

(a) is to be appointed by the Authority; and

(b) holds office for a term of 3 years.

(4) The Authority may extend the Deputy Director General's term of office by a single period not exceeding 3 years.

(5) A person is disqualified from appointment, and from holding office, as Deputy Director General if that person is a member of the Authority.

(6) A person may be appointed as Deputy Director General only if the person satisfies any requirements that the Scottish Ministers may specify in regulations and—

(a) holds the rank of assistant chief constable in a police force; or

(b) is eligible to apply for a post of that rank.

(7) Despite section 5(3) of the 1967 Act, a person referred to in sub-paragraph (6)(b) who is appointed as Deputy Director General is, by virtue of the appointment, promoted to the rank of assistant chief constable.

(8) The Scottish Ministers may by order amend sub-paragraphs (6) and (7) so as to substitute for the rank for the time being specified there another rank.

(9) In sub-paragraphs (1) and (2), “the old Agency” has the meaning given by paragraph 1(1).

Termination or suspension of appointment of Director General and Deputy Director General

3

(1) Where the Authority has complied with sub-paragraphs (2) to (4) in relation to the Director General, it may call on the Director General to retire or to resign from office as Director General—

(a) in the interests of efficiency or effectiveness; or

(b) by reason of any misconduct by the Director General.

(2) The Authority must give the Director General—

(a) an explanation in writing of the grounds on which the Authority proposes to call upon the Director General to retire or resign as mentioned in sub-paragraph (1)(a) or (b); and

(b) an opportunity to make representations to the Authority (including an opportunity to make them in person).

(3) The Authority must consider any representations made by or on behalf of the Director General.

(4) The Authority must consult the Scottish Ministers.

(5) If the Director General is, under sub-paragraph (1), called upon to retire or resign, the Director General must retire or resign with effect from—

(a) such date as the Authority may specify; or

(b) such earlier date as may be agreed between the Director General and the Authority.

(6) If the Authority considers that it is necessary for the maintenance of public confidence in the Agency to do so, the Authority may, after consulting the Scottish Ministers, suspend the Director General from duty.

(7) Nothing in this paragraph affects any power of the Authority to terminate or suspend the Director General's appointment in accordance with the terms and conditions of that appointment.

(8) Sub-paragraphs (1) to (7) apply in relation to the Deputy Director General as they apply in relation to the Director General.

Director General and Deputy Director General: common provisions

4

(1) A person appointed as Director General or Deputy Director General—

(a) is, subject to paragraph 9(1), appointed on such terms and conditions as the Scottish Ministers may specify;

(b) is by virtue of the appointment a member of the staff of the Authority;

(c) is, if immediately before appointment a constable of a police force, engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(bf) of the 1967 Act;

(d) in any other case—

(i) is, on appointment, appointed to the office of constable of the Agency; and

(ii) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine covering the proper discharge of the duties of the office.

(2) Without prejudice to any other enactment conferring powers on constables for particular purposes, where the Director General or Deputy Director General makes a declaration such as is mentioned in sub-paragraph (1)(d)(ii), the Director General or (as the case may be) the Deputy Director General has all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.

(3) In sub-paragraph (2)—

“powers” includes powers under any enactment, whenever passed or made;

“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and in that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

Remuneration and pensions of Director and Deputy Director

5

(1) Subject to paragraph 9(1), the Authority must pay to the Director General and Deputy Director General such remuneration, allowances and expenses as the Scottish Ministers determine.

(2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Director General or the Deputy Director General as the Scottish Ministers determine.

(3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

(4) The arrangements mentioned in sub-paragraph (2) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

Delegation of Director General’s functions

6

(1) The Deputy Director General may carry out any of the functions of the Director General under this Act or any other enactment—

(a) during any absence, incapacity or suspension from duty of the Director General; or

(b) during any vacancy in the office of Director General.

(2) Anything authorised or required to be done by the Director General may be done by any other member of the Agency who is authorised for the purpose by the Director General (whether generally or specifically).

(3) Sub-paragraph (2) does not apply to anything authorised or required to be done by the Director General under—

(a) Part III of the Police Act 1997 (c. 50) (authorisation of action in respect of property); or

(b) the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11).

Police members

7

(1) The police members of the Agency are to be appointed by the Authority.

(2) A person may be appointed under sub-paragraph (1) only if—

(a) the person is a constable who is seconded to the Authority under paragraph 10(2) of schedule 1;

(b) the person is a person who is seconded to the Authority under paragraph 10(3) of schedule 1; or

(c) the person has any qualifications for appointment as a constable which are specified in regulations under section 23 and the appointment is to a police rank in the Agency.

(3) A police member of the Agency appointed by virtue of sub-paragraph (2)(a)—

(a) is engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(be) of the 1967 Act;

(b) does not, by virtue of the appointment, cease to be a member of staff of the Authority.

(4) A police member of the Agency appointed by virtue of sub-paragraph (2)(b)—

(a) does not, by virtue of the appointment, cease to be a member of staff of the Authority;

(b) is, on appointment, appointed to the office of constable of the Agency; and

(c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.

(5) A police member of the Agency appointed by virtue of sub-paragraph (2)(c)—

(a) becomes, on appointment, a member of staff of the Authority;

(b) is, on appointment, appointed to the office of constable of the Agency; and

(c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.

(6) Without prejudice to any other enactment conferring powers on constables for particular purposes, where a police member of the Agency makes a declaration such as is mentioned in sub-paragraph (4)(c) or (5)(c), the member shall have all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.

(7) Subject to section 23 and paragraph 9(1) of this schedule, an appointment in accordance with this paragraph is made on such terms and conditions as the Authority may determine.

(8) A determination under sub-paragraph (7) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.

(9) Before making an appointment in accordance with this paragraph, or determining the terms and conditions on which such an appointment is to be made, the Authority must consult the Director General of the Agency.

(10) In sub-paragraph (6)—

“powers” includes powers under any enactment, whenever passed or made;

“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

Support staff members

8

(1) The Authority may appoint support staff members of the Agency.

(2) A person may be appointed under sub-paragraph (1) only if the person is by virtue of paragraph 10(1) of schedule 1 an employee of the Authority.

(3) A person appointed under sub-paragraph (1) does not, by virtue of that appointment, cease to be a member of staff of the Authority.

Supplementary

9

(1) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it as they think fit (subject to such modifications as they consider appropriate) to the Director General, the Deputy Director General and police members of the Agency.

(2) Before making an order under sub-paragraph (1) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—

(a) submit a draft to the Police Advisory Board for Scotland; and

(b) consider any representations made by the Board as to the draft.

SCHEDULE 3

...

Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff transfer orders

2

(1) The Scottish Ministers may by order (a “staff transfer order”) make provision for or in connection with—

(a) the transfer of persons employed, by virtue of section 9 of the 1967 Act (employees other than constables), by police authorities or joint police boards from any such authority or board to the Authority;

(b) the transfer of constables from police forces to relevant service;

(2) A staff transfer order may in particular—

(a) prescribe rules by which the transfer of persons, or classes of person, specified in the order can be determined;

(b) provide that persons, or classes of person, so specified are to become members of the Agency.

(3) Where a staff transfer order makes provision such as is mentioned in paragraph (a) of sub-paragraph (1), the order may include provision requiring the police authority or joint police board concerned to make a scheme in relation to the transfer of the staff to whom the order relates.

(4) Where a staff transfer order makes provision such as is mentioned in paragraph (b) of sub-paragraph (1), the order may include provision requiring the maintaining authority for the police force concerned to make a scheme in relation to the transfer of the staff to whom the order relates.

(5) For the purposes of sub-paragraph (4), the maintaining authority in relation to a police force is—

(a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;

(b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.

(6) Where a staff transfer order makes provision such as is mentioned in paragraph (c) of sub-paragraph (1), the Scottish Ministers must make a scheme in relation to the transfer of the staff to whom the order relates.

(7) A staff transfer order may include provision requiring a scheme made by virtue of sub-paragraph (4) to include provision as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.

(8) Terms and conditions such as are mentioned in sub-paragraph (7) may be included in a scheme only with the approval of the Scottish Ministers.

(9) A scheme made under sub-paragraph (6) may include provision—

(a) for central service to have effect from a time specified in the scheme as relevant service;

(b) as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.

Consultation

3

(1) Before making a staff transfer order, the Scottish Ministers must consult—

(a) the Authority; and

(b) if the order includes—

(i) provision transferring constables to relevant service falling within section 38A(1)(be) of the 1967 Act; or

(ii) provision such as is mentioned in paragraph 2(2)(b),

the Director General of the Agency.

(2) Before making a scheme by virtue of paragraph 2(3), the police authority or joint police board concerned must consult the Authority.

(3) Before making a scheme by virtue of paragraph 2(4), the police authority or joint police board concerned must consult—

(a) the Authority; and

(b) if the scheme includes provision for or in connection with the transfer of constables to relevant service within the meaning of section 38A(1)(be) of the 1967 Act, the Director General of the Agency.

Effect on existing contracts of employment

4

(1) This paragraph applies where—

(a) a person is to be transferred by virtue of a staff transfer order under paragraph 2; and

(b) immediately before the transfer day, the person has a contract of employment with a police authority or joint police board (the “employer”).

(2) On and after the transfer day the contract of employment has effect as if originally made between the person and the Authority.

(3) On the transfer day the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of the person are transferred to the Authority.

(4) Anything done before the transfer day by or in relation to the employer in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to the Authority.

(5) If, before the transfer day, the person gives notice to the Authority or the person's employer that the person objects to becoming a member of staff of the Authority—

(a) the contract of employment with the employer is, on the day immediately preceding the day that would, but for the objection, have been the transfer day, terminated; and

(b) the person is not to be treated (whether for the purpose of any enactment or otherwise) as having been dismissed by virtue of the giving of such notice.

(6) Nothing in this schedule prejudices any right of the person to terminate the contract of employment if a substantial detrimental change in the person's working conditions is made.

(7) The person has the right to terminate the contract of employment by virtue of the employer's identity changing by virtue of the making of the staff transfer order only if it is shown that, in all the circumstances, the change is—

(a) significant; and

(b) detrimental

to the person.

Part 2 — Transfer of property, rights and liabilities to the Authority

Interpretation

5

In this Part, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

Transfer of property, rights and liabilities

6

(1) The Scottish Ministers may make a transfer scheme.

(2) A transfer scheme is a scheme making provision for or in connection with the transfer to the Authority of property, rights and liabilities of any of the following—

(a) a police authority;

(b) a joint police board;

(d) the Scottish Ministers;

(e) any other person.

(3) A transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights or liabilities relate to the functions of the Agency (as specified in section 2(2)) or the police support services.

(4) A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect; and different dates may be specified in relation to different property, rights or liabilities.

(5) On the transfer date—

(a) any property or rights to which a transfer scheme applies transfer to and vest in the Authority; and

(b) any liabilities to which such a scheme applies become liabilities of the Authority.

(6) A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights or liabilities transferred by virtue of the scheme.

(7) A certificate issued by the Scottish Ministers that any property, right or liability has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

(8) A transfer scheme may in particular make provision about the continuation of legal proceedings.

(9) A transfer scheme may make provision for the Authority to make any payment which—

(a) before a day specified in the scheme could have been made by any of the persons specified in paragraphs (a) to (e) of sub-paragraph (2); but

(b) is not a liability which can become a liability of the Authority by virtue of a transfer scheme.

(10) A transfer scheme may make provision for the payment by the Authority of compensation in respect of property and rights transferred by virtue of the scheme.

(11) Before making a transfer scheme, the Scottish Ministers must consult—

(a) the Authority;

(b) any police authority, joint police board, local authority or other person whose property, rights and liabilities (or any of them) are to be transferred by virtue of the scheme.

SCHEDULE 4

Status

1

(1) The Commissioner—

(a) is not a servant or agent of the Crown; and

(b) has no status, immunity or privilege of the Crown.

(2) The Commissioner's property is not property of, or property held on behalf of, the Crown.

Limitations on appointment

2

(1) A person is disqualified for appointment to the office of Commissioner if the person—

(a) is or has been a member of—

(i) the House of Lords;

(ii) the House of Commons;

(iii) the Scottish Parliament;

(iv) the European Parliament; or

(v) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(b) is or has been a constable of the Police Service (or of a police force previously maintained under the Police (Scotland) Act 1967 (c.77));

(i) a police force maintained under section 2 of the Police Act 1996 (c. 16);

(ii) the metropolitan police force or of the City of London police force;

(iii) the Police Service of Northern Ireland;

(iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);

(v) the British Transport Police Force;

(vi) the Civil Nuclear Constabulary;

(vii) the States of Jersey Police Force;

(viii) the salaried police force of the Island of Guernsey; or

(ix) the Isle of Man Constabulary;

(d) is or has been—

(i) a special constable appointed under section 27 of the Police Act 1996 (c. 16);

(ii) a member of the Police Service of Northern Ireland Reserve;

(iii) a member of the Ministry of Defence Police by virtue of section 1(1)(b) of the Ministry of Defence Police Act 1987 (c. 4);

(iv) a special constable of the British Transport Police Force; or

(v) a member of any force of special constables established for the States of Jersey, the Island of Guernsey or the Isle of Man;

(da) is or has been a member of the Authority;

(e) is or has been a member of staff of the Authority or has been a member of staff of the body which was known as the Scottish Police Services Authority;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) is or has been employed as a member of police staff or as a member of the Authority's staff or has been employed, by virtue of section 9 of the 1967 Act (employees other than constables) by a police authority or a joint police board;

(h) has been a member of—

(i) the National Criminal Intelligence Service or;

(ii) the National Crime Squad; ...

(i) ... has been a member of the Serious Organised Crime Agency or

(j) is or has been a National Crime Agency officer.

(2) The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.

(3) A person who has previously been appointed to the office of Commissioner is not eligible to be appointed again, except in accordance with sub-paragraph (4).

(4) A person holding office as Commissioner may be reappointed on the expiry of the person's period of appointment, but only if—

(a) the person has not previously been reappointed to the office; and

(b) the Scottish Ministers consider that, by reason of special circumstances, it is desirable in the public interest.

Tenure and removal from office

3

(1) Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.

(2) The period of a person's appointment as Commissioner is—

(a) in the case of a first appointment, 5 years; and

(b) in the case of a reappointment, 3 years.

(3) A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.

(4) The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.

(5) Those grounds are—

(a) the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;

(b) the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);

(d) the person's estate has been sequestrated or the person has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract;

(e) the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under the Company Directors Disqualification (Northern Ireland) Order 2002;

(f) the person has acted improperly in relation to the person's duties;

(g) the person is otherwise unable or unfit to perform the person's duties.

Remuneration

4

The Commissioner is entitled to—

(a) a salary of such amount; and

(b) such allowances

as the Scottish Ministers determine.

Pensions etc.

5

(1) The Scottish Ministers may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to hold office as the Commissioner.

(2) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

(3) The arrangements mentioned in sub-paragraph (1) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

Vacancy in office of Commissioner

6

(1) The Scottish Ministers may appoint a person (who may be a member of the Commissioner's staff) to carry out the functions of the Commissioner during a period in which the office is vacant (an “acting Commissioner”).

(2) A person who is disqualified for appointment to the office of Commissioner is also disqualified for appointment as an acting Commissioner.

(3) A person appointed to be acting Commissioner—

(a) may, by written notice to the Scottish Ministers, resign at any time;

(b) may be dismissed by the Scottish Ministers at any time;

(4) While holding appointment as acting Commissioner, a person is to be treated as the Commissioner for all purposes other than those of paragraphs 3, 4 and 5.

Staff

7

(1) The Commissioner may appoint such staff as the Commissioner considers appropriate.

(2) Members of staff are to be appointed on such terms and conditions as the Commissioner determines.

(3) The Commissioner must pay to members of the Commissioner's staff such remuneration, allowances and expenses as the Commissioner determines.

(4) The Commissioner may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff.

(5) The reference in sub-paragraph (4) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment.

(6) The arrangements mentioned in sub-paragraph (4) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

(7) The Commissioner may make such other arrangements for staffing as the Commissioner thinks fit.

(8) Paragraph 1(1) applies to staff appointed under this paragraph as it applies to the Commissioner.

General powers

8

The Commissioner may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the carrying out of the Commissioner's functions, including—

(a) entering into contracts; and

(b) acquiring and disposing of property.

Financial provision

9

(1) The Scottish Ministers are to pay—

(a) the salary and allowances of the Commissioner; and

(b) any sums payable by virtue of paragraph 6(3)(c) to, or in respect of, a person who is appointed, or has ceased to hold office, as acting Commissioner.

(2) The Scottish Ministers are to pay to the Commissioner such sums as they consider appropriate to enable the Commissioner to fulfil the Commissioner's functions.

(3) The Commissioner is not to borrow money unless authorised to do so (whether generally or specially) by the Scottish Ministers.

Accounts

10

The Commissioner must, in accordance with such directions as the Scottish Ministers may give—

(a) keep proper accounting records and accounts;

(b) prepare annual accounts for each financial year;

Provision of information

11

(1) The Commissioner must provide the Scottish Ministers with all such information and documents as appear to them to be required for the purposes of satisfying themselves that the Commissioner is carrying out the Commissioner's functions efficiently and effectively.

(2) Nothing in this paragraph requires or authorises the provision of any information or document relating to a particular investigation carried out by the Commissioner on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A (unless the appropriate prosecutor consents to disclosure of the information or document).

SCHEDULE 5

1

For the purpose of section 53(2)(b)—

(a) relevant events are the events specified in the left-hand column of the following table; and

(b) the prescribed information, in relation to a relevant event, is the information in the right-hand column of that table opposite the event.

Relevant event	Prescribed information
A change of any of the names of the person against whom the football banning order is made	The change of name
The first use by that person, after the making of the order, of a name for himself or herself which was not disclosed by that person at the time of the making of the order	The newly used name
A change of that person's home address	The new home address
The acquisition by that person of a temporary address	The temporary address
A change of that person's temporary address or that person's ceasing to have one	The new temporary address or, as the case may be, the fact that the person has ceased to have a temporary address
The loss of that person's passport	That fact
That person's ceasing to have a passport	That fact
Receipt by that person of a new passport	The details of the passport
An application made by that person under section 57 for variation of the order	That fact
An application made by that person under section 58 for termination of the order	That fact
An appeal made by that person in relation to the order	That fact

2

In the table in paragraph 1—

“details”, in relation to a passport, means—the number of the passportthe dates of issue and expiry of the passportthe name and date of birth given in the passport as being those of the passport holder

“home address”, in relation to a person, means the address of the person's sole or main residence

“loss” includes theft or destruction

“new”, in relation to a passport, includes replacement

“temporary address”, in relation to a person, means the address (other than the person's home address) of a place at which the person intends to reside, or has resided, for a period of at least 4 weeks.

SCHEDULE 6

Part 1 — Acts

The Police (Scotland) Act 1967 (c. 77)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Act 1988 (c. 33)

2

In section 142(3) of the Criminal Justice Act 1988 (power of justice of peace to authorise entry and search of premises for offensive weapons), for “subsection (1)(b)” there is substituted “ “subsection (1)(c) ”.

The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

3

In Part II of Schedule 2 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (increase in certain penalties), the entry relating to section 41(1) of the 1967 Act is repealed.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

4

(1) The 1995 Act is modified as follows.

(2) In section 18 (prints, samples etc. in criminal investigations), in each of subsections (3) and (4), after “(6)” there is inserted “ “or (6A) ”.

(3) In section 19A(3) (limitation on exercise of power to take samples etc from persons convicted of sexual and violent offences), for “19(1)(a) of this Act” there is substituted “ “subsection (2) of section 19 of this Act in a case where the power conferred by that subsection was exercised by virtue of subsection (1)(a) of that section ”.

The Police Act 1996 (c. 16)

5

(1) The Police Act 1996 is modified as follows.

(2) After section 60 (regulations for police federations), there is inserted—

(60A) (1) For the purposes of sections 59 and 60, persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to the 2006 Act shall be treated as members of a police force in Scotland, and references in section 59 to police service shall be construed accordingly. (2) The reference in section 59(2) to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 shall— (a) in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations made in accordance with either of— (i) section 23(2)(g) of the 2006 Act, and (ii) section 26(2A) of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 9(1) of schedule 2 to the 2006 Act (b) in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967 (temporary service with the Scottish Police Services Authority), be construed as a reference to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 10(10) of schedule 1 to the 2006 Act. (3) The reference in section 60(2)(e) to regulations under section 26 of the Police (Scotland) Act 1967 shall— (a) in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations under either of— (i) section 23 of the 2006 Act, and (ii) section 26 of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 9(1) of schedule 2 to the 2006 Act (b) in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967, be construed as a reference to regulations made under section 26 of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 10(10) of schedule 1 to the 2006 Act. (4) For the purposes of paragraphs (c) and (d) of subsection (2) of section 60— (a) the Scottish Police Services Authority shall be treated as a police authority, and (b) the Director General of the Scottish Crime and Drug Enforcement Agency shall be treated as a chief officer of police,and the reference in paragraph (d) of that subsection to police purposes shall be construed accordingly. (5) In this section, “the 2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 63 (Police Advisory Boards for England and Wales and for Scotland), after subsection (1) there is inserted—

(1ZA) The Police Advisory Board for Scotland shall also advise the Scottish Ministers on general questions affecting— (a) constables seconded to the Scottish Police Services Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act, (b) persons seconded to the Scottish Police Services Authority under paragraph 10(3) of schedule 1 to that Act but not appointed as mentioned in paragraph (a); or (c) persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act.

The Police Act 1997 (c. 50)

6

(1) The Police Act 1997 is modified as follows.

(2) In section 93 (authorisations to interfere with property)—

(a) in subsection (3), after paragraph (e) there is inserted—

(f) if the authorising officer is within subsection (5)(j), by a police member of the Scottish Crime and Drug Enforcement Agency appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).

;

(b) in subsection (5), after paragraph (i) there is inserted—

(j) the Director General of the Scottish Crime and Drug Enforcement Agency.

; and

(cc) in relation to the Director General of the Scottish Crime and Drug Enforcement Agency, means Scotland,

(3) In section 94 (authorisations given in absence of authorising officer)—

(a) in subsection (2), after paragraph (g) there is inserted—

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