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

20 versions · 2025-06-25

2025-06-25

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

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2024-05-01

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

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2017-06-15

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

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2015-09-22

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

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2013-07-09

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

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2013-04-01

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2013-02-15

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2012-10-01

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2011-10-01

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2009-10-01

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2008-04-01

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2008-01-11

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2007-06-12

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2007-04-01

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2007-03-31

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2007-03-01

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2007-02-25

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2007-01-01

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2006-09-01

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

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Changes on 2006-09-01

@@ -10,7 +10,7 @@

##### 1

- (1) There is established a body corporate to be known as the Scottish Police Services Authority (“the Authority”).

- (1) There is established a body corporate to be known as the Scottish Police Services Authority (“*the Authority*”).

- (2) Schedule 1 (which makes provision about the constitution, members and staff of the Authority and other matters relating to it) has effect.

@@ -18,7 +18,7 @@

##### 2

- (1) The Authority is to establish and maintain a body to be known as the Scottish Crime and Drug Enforcement Agency (“the Agency”).

- (1) The Authority is to establish and maintain a body to be known as the Scottish Crime and Drug Enforcement Agency (“*the Agency*”).

- (2) The Agency has the functions of—

@@ -36,7 +36,7 @@

- (a) police forces;

- (b) police forces maintained under section 2 of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16);

- (b) police forces maintained under section 2 of the Police Act 1996 (c. 16);

- (c) the metropolitan police force;

@@ -56,7 +56,7 @@

- (k) the Civil Nuclear Constabulary;

- (l) the Commissioners for Her Majesty’s Revenue and Customs and any other government department;

- (l) the Commissioners for Her Majesty's Revenue and Customs and any other government department;

- (m) the Serious Organised Crime Agency;

@@ -96,7 +96,7 @@

as are, or may be, used to identify a person;

- (d) the carrying out of any functions of the Scottish Ministers under Part V of the Police Act [1997 (c. 50)](https://www.legislation.gov.uk/ukpga/1997/50) (certificates of criminal records etc.) which are delegated to the Authority by virtue of section 121 of that Act;

- (d) the carrying out of any functions of the Scottish Ministers under Part V of the Police Act 1997 (c. 50) (certificates of criminal records etc.) which are delegated to the Authority by virtue of section 121 of that Act;

- (e) the development and maintenance of a strategy for the acquisition and use of information technology systems by police forces; and

@@ -114,9 +114,9 @@

- (6) In providing the police support services, the Authority must have regard to the effect of such provision on the efficiency and effectiveness of the criminal justice system.

- (7) In this section, “information technology systems” means systems which utilise a computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.

- (8) In section 121 of the Police Act [1997 (c. 50)](https://www.legislation.gov.uk/ukpga/1997/50) (performance by constables on central service of functions under Part V of that Act)—

- (7) In this section, “*information technology systems*” means systems which utilise a computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.

- (8) In section 121 of the Police Act 1997 (c. 50) (performance by constables on central service of functions under Part V of that Act)—

- (a) after “Scotland” where it first occurs there is inserted—

@@ -126,7 +126,7 @@

- (b) the words “a constable engaged on central service (within the meaning of section 38 of the Police (Scotland) Act 1967)” become paragraph (b) of that section; and

- (c) for “any constable performing” there is substituted “that Authority’s or any constable’s performance of”.

- (c) for “any constable performing” there is substituted “ that Authority's or any constable's performance of ”.

#### Strategic priorities of the Authority

@@ -158,7 +158,7 @@

- (b) may modify them.

- (3) The Authority’s objectives must be consistent with any strategic priorities determined under section 4.

- (3) The Authority's objectives must be consistent with any strategic priorities determined under section 4.

#### Annual plans of the Authority

@@ -224,7 +224,7 @@

- (b) publish in such manner as it considers appropriate,

a report on the carrying out of the Authority’s functions during the year (the “annual report”).

a report on the carrying out of the Authority's functions during the year (the “annual report”).

- (2) The annual report must include an assessment of the extent to which the annual plan has been implemented.

@@ -244,13 +244,13 @@

##### 8

The Authority must comply with any reasonable request from the Scottish Ministers to provide them with any information on the Authority’s activities.

The Authority must comply with any reasonable request from the Scottish Ministers to provide them with any information on the Authority's activities.

#### Liability for wrongful acts of certain persons seconded to the Authority

##### 9

- (1) The Authority is liable in reparation in respect of any wrongful act or omission on the part of any person to whom subsection (2) applies in the performance or purported performance of the person’s functions in the same manner as an employer is liable in respect of a wrongful act or omission on the part of the employer’s employee in the course of the employee’s employment.

- (1) The Authority is liable in reparation in respect of any wrongful act or omission on the part of any person to whom subsection (2) applies in the performance or purported performance of the person's functions in the same manner as an employer is liable in respect of a wrongful act or omission on the part of the employer's employee in the course of the employee's employment.

- (2) This subsection applies to any—

@@ -264,7 +264,7 @@

- (1) The Scottish Ministers may make grants to the Authority.

- (2) Where the Scottish Ministers make a grant under subsection (1), they must specify the amount, or proportion, of the grant which is to be used for the purposes of carrying out the Authority’s duty under section 2(1).

- (3) A grant under subsection (1) may be made subject to such terms and conditions as the Scottish Ministers consider appropriate.

@@ -416,7 +416,7 @@

- (b) publish in such manner as the Director General considers appropriate,

a report on the carrying out of the Agency’s functions during the year (the “annual report”).

a report on the carrying out of the Agency's functions during the year (the “annual report”).

- (2) The annual report must include an assessment of the extent to which the annual plan published by virtue of section 14 for the year to which the report relates has been implemented.

@@ -448,7 +448,7 @@

- (3) The Agency may furnish such assistance as it considers appropriate in response to requests made by any government or other body carrying out functions of a public nature in any country or territory outwith the United Kingdom.

- (4) Subsection (3) does not apply to any request for assistance which could be made under section 13 of the Crime (International Co-operation) Act [2003 (c. 32)](https://www.legislation.gov.uk/ukpga/2003/32) (requests by overseas authorities to obtain evidence).

- (4) Subsection (3) does not apply to any request for assistance which could be made under section 13 of the Crime (International Co-operation) Act 2003 (c. 32) (requests by overseas authorities to obtain evidence).

#### Scottish Ministers' power to modify section 17

@@ -478,7 +478,7 @@

- (1) Information obtained by the Agency in connection with any of its functions may be disclosed by it if the disclosure is for any permitted purposes.

- (2) “Permitted purposes” means the purposes of any of the following—

- (2) “*Permitted purposes*” means the purposes of any of the following—

- (a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;

@@ -486,9 +486,9 @@

- (c) the exercise of any function conferred on the Agency by section 2 or 17 (so far as not falling within paragraph (a) or (b));

- (d) the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act [2000 (c. 23)](https://www.legislation.gov.uk/ukpga/2000/23);

- (e) the exercise of any functions under Chapter 1 of Part 2 of this Act or Part 2 of the Football Spectators Act [1989 (c. 37)](https://www.legislation.gov.uk/ukpga/1989/37), or of any similar functions under the law of any part of the United Kingdom other than Scotland or England and Wales or of any country or territory outside the United Kingdom;

- (d) the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);

- (e) the exercise of any functions under Chapter 1 of Part 2 of this Act or Part 2 of the Football Spectators Act 1989 (c. 37), or of any similar functions under the law of any part of the United Kingdom other than Scotland or England and Wales or of any country or territory outside the United Kingdom;

- (f) the exercise of any function which appears to the Scottish Ministers to be a function of a public nature and which they designate by order.

@@ -528,9 +528,9 @@

- (1) The performance by—

- (a) the Deputy Director General of the Agency of the Deputy Director General’s functions; and

- (b) a police member of the Agency of the member’s functions,

- (a) the Deputy Director General of the Agency of the Deputy Director General's functions; and

- (b) a police member of the Agency of the member's functions,

is subject to the direction of the Director General.

@@ -546,7 +546,7 @@

##### 22

- (1) The Director General of the Agency is liable in reparation in respect of any wrongful act or omission on the part of any police member in the performance or purported performance of the member’s functions in the same manner as an employer is liable in respect of a wrongful act or omission on the part of the employer’s employee in the course of the employee’s employment.

- (1) The Director General of the Agency is liable in reparation in respect of any wrongful act or omission on the part of any police member in the performance or purported performance of the member's functions in the same manner as an employer is liable in respect of a wrongful act or omission on the part of the employer's employee in the course of the employee's employment.

- (2) The Authority is to pay—

@@ -592,7 +592,7 @@

- (i) the duties which are or are not to be performed by police members;

- (j) the treatment as occasions of police duty of attendance at meetings of Police Federations and any body recognised by the Secretary of State for the purposes of section 64 of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16);

- (k) the hours of duty, leave, pay and allowances of police members;

@@ -612,7 +612,7 @@

- (b) authorise or require the delegation by any person of functions conferred on the person by virtue of the regulations.

- (5) Regulations under subsection (1) must provide for the making of such arrangements as to the hours of duty of police members as shall secure that every such member (not being above such rank as may be specified in the regulations) be allowed at least 52 days in a year on which the member is not required to perform police duty (save on occasions of emergency), such days being distributed throughout the year with the object of securing, so far as practicable, to every such member one day’s rest in every 7.

- (6) Regulations under subsection (1) which make provision for or in connection with pay and allowances may be made with retrospective effect to any date specified in the regulations; but nothing in this subsection is to be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

@@ -622,7 +622,7 @@

- (9) Any reference in this section (other than subsection (2)(a) and (b)) to a police member is a reference to a person appointed as a police member of the Agency in accordance with paragraph 7 of schedule 2.

- (10) Before making regulations under subsection (1) other than regulations with respect to any of the matters mentioned in section 61(1) of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16), the Scottish Ministers must—

- (10) Before making regulations under subsection (1) other than regulations 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

@@ -684,9 +684,9 @@

- (2) The Scottish Ministers may require the inspectors of constabulary to carry out an inspection of—

- (a) any of the Authority’s functions or activities for the purpose of ascertaining the efficiency and effectiveness of the Authority in carrying out those functions or, as the case may be, activities;

- (b) any of the Authority’s services for the purpose of ascertaining the efficiency and effectiveness of the Authority in providing, or securing the provision of, those services.

- (a) any of the Authority's functions or activities for the purpose of ascertaining the efficiency and effectiveness of the Authority in carrying out those functions or, as the case may be, activities;

- (b) any of the Authority's services for the purpose of ascertaining the efficiency and effectiveness of the Authority in providing, or securing the provision of, those services.

- (3) The inspectors must, in relation to any inspection carried out by virtue of subsection (1) or (2), publish a report on their findings.

@@ -698,7 +698,7 @@

- (a) that, in the opinion of the person making the report, the whole or any part of the Authority or any of the police support services which it provides is (whether generally or in particular respects) not efficient or effective; or

- (b) that, in that person’s opinion, the whole or any part of the Authority or any of the police support services which it provides will cease to be efficient or effective (whether generally or in particular respects) unless remedial measures are taken.

- (b) that, in that person's opinion, the whole or any part of the Authority or any of the police support services which it provides will cease to be efficient or effective (whether generally or in particular respects) unless remedial measures are taken.

- (2) If the Scottish Ministers consider that remedial measures are required in respect of any matters identified by the report, they may direct the Authority to submit to them an action plan within such period (being a period ending at least 4, and not more than 12, weeks after the date on which the direction is given) as is specified in the direction.

@@ -758,19 +758,19 @@

In this Chapter—

- “the Agency” means the Scottish Crime and Drug Enforcement Agency established under section 2(1);

- “the Authority” means the Scottish Police Services Authority established by section 1;

- “financial year” means— the period beginning with the date on which the Authority first meets and ending with 31 March next following that date; and each successive period of 12 months ending with 31 March;

- “inspectors of constabulary” means persons appointed under section 33(1) of the Police (Scotland) Act 1967 (“the 1967 Act”);

- “joint police board” means a joint police board constituted under an amalgamation scheme made under the 1967 Act;

- “police bodies” means— each police authority whose area is not combined by virtue of an amalgamation scheme under the 1967 Act with the area of any other police authority; and each joint police board;

- “police support services” has the meaning given by section 3(2).

- “*the Agency*” means the Scottish Crime and Drug Enforcement Agency established under section 2(1);

- “*the Authority*” means the Scottish Police Services Authority established by section 1;

- “*financial year*” means—the period beginning with the date on which the Authority first meets and ending with 31 March next following that date; andeach successive period of 12 months ending with 31 March;

- “*inspectors of constabulary*” means persons appointed under section 33(1) of the Police (Scotland) Act 1967 (“*the 1967 Act*”);

- “*joint police board*” means a joint police board constituted under an amalgamation scheme made under the 1967 Act;

- “*police bodies*” means—each police authority whose area is not combined by virtue of an amalgamation scheme under the 1967 Act with the area of any other police authority; andeach joint police board;

- “*police support services*” has the meaning given by section 3(2).

### Chapter 2 — Complaints and misconduct

@@ -780,7 +780,7 @@

##### 33

- (1) There is to be an officer known as the Police Complaints Commissioner for Scotland (“the Commissioner”).

- (1) There is to be an officer known as the Police Complaints Commissioner for Scotland (“*the Commissioner*”).

- (2) The Commissioner is to be an individual appointed by the Scottish Ministers.

@@ -792,9 +792,9 @@

##### 34

- (1) In this Chapter, “relevant complaint” means a complaint which is given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.

- (2) In subsection (1), “complaint” means a written statement expressing dissatisfaction about an act or omission—

- (1) In this Chapter, “*relevant complaint*” means a complaint which is given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.

- (2) In subsection (1), “*complaint*” means a written statement expressing dissatisfaction about an act or omission—

- (a) by a police authority;

@@ -808,13 +808,13 @@

- (f) by a person who, at the time of the act or omission, was a person serving with the police.

- (3) But “complaint” does not include—

- (a) any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person’s service with the police; or

- (3) But “*complaint*” does not include—

- (a) any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person's service with the police; or

- (b) a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

- (4) An act or omission need not be one occurring in the course of a person’s duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).

- (4) An act or omission need not be one occurring in the course of a person's duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).

- (5) A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within subsection (2)(f).

@@ -930,7 +930,7 @@

- (2) This subsection applies to a complaint handling review which relates or, if it took place, would relate to a relevant complaint of a specified description.

- (3) In subsection (2), “specified” means specified in regulations made by the Scottish Ministers.

- (3) In subsection (2), “*specified*” means specified in regulations made by the Scottish Ministers.

- (4) Where a complaint handling review is, under this section, discontinued or not proceeded with—

@@ -976,7 +976,7 @@

- (4) Subsections (5) and (6) of section 35 apply in relation to the duties imposed by subsection (2) as they apply to the duties imposed by subsection (3)(a) of that section.

- (5) A person appointed under section 37 to reconsider a complaint must provide the Commissioner with all such information as is reasonably required by the Commissioner for the purposes of the Commissioner’s functions.

- (6) Where the reconsideration of a complaint is not subject to a supervision requirement the reconsidering authority must comply with any direction or guidance given by the Commissioner as to how the authority is to perform its functions under this section.

@@ -986,7 +986,7 @@

- (1) If it appears to the Commissioner (whether on an application by the reconsidering authority or otherwise) that a relevant complaint which is being reconsidered under section 35 is of a specified description, the Commissioner may by order require the discontinuance of the reconsideration.

- (2) In subsection (1), “specified” means specified in regulations made by the Scottish Ministers.

- (2) In subsection (1), “*specified*” means specified in regulations made by the Scottish Ministers.

- (3) Where the reconsideration of a complaint is discontinued in accordance with this section—

@@ -1004,7 +1004,7 @@

##### 40

- (1) On the completion of the person’s reconsideration, a person appointed under section 37 must—

- (1) On the completion of the person's reconsideration, a person appointed under section 37 must—

- (a) submit a report on it to the Commissioner; and

@@ -1014,7 +1014,7 @@

- (ii) where different, the appropriate authority in relation to the complaint.

- (2) A person submitting a report under this section is not prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters as the person thinks fit in the person’s report.

#### Appropriate authority in relation to a complaint

@@ -1048,7 +1048,7 @@

- (2) The reference in subsection (1)(f) to a constable of a police force does not include a constable who is seconded to the Authority under paragraph 10(2) of schedule 1.

- (3) In subsection (1)(f)(i), “senior rank” means a rank above chief superintendent.

- (3) In subsection (1)(f)(i), “*senior rank*” means a rank above chief superintendent.

- (4) For the purpose of subsection (1)(f)(i), the maintaining authority in relation to a police force is—

@@ -1084,19 +1084,19 @@

- (ii) the practice of relevant authorities in relation to other matters,

as appear from the carrying out of the Commissioner’s other functions, to be necessary or desirable.

as appear from the carrying out of the Commissioner's other functions, to be necessary or desirable.

#### Reports to the Scottish Ministers

##### 43

- (1) As soon as practicable after the end of each financial year, the Commissioner must make a report to the Scottish Ministers on the carrying out of the Commissioner’s functions during that year.

- (2) The Commissioner must also make such reports to the Scottish Ministers about matters relating generally to the carrying out of the Commissioner’s functions as they may, from time to time, require.

- (1) As soon as practicable after the end of each financial year, the Commissioner must make a report to the Scottish Ministers on the carrying out of the Commissioner's functions during that year.

- (2) The Commissioner must also make such reports to the Scottish Ministers about matters relating generally to the carrying out of the Commissioner's functions as they may, from time to time, require.

- (3) The Commissioner may, from time to time, make such other reports to the Scottish Ministers as the Commissioner considers appropriate for drawing their attention to matters which—

- (a) have come to the Commissioner’s notice; and

- (a) have come to the Commissioner's notice; and

- (b) are matters which the Commissioner considers should be drawn to their attention by reason of their gravity or of other exceptional circumstances.

@@ -1128,7 +1128,7 @@

- (b) produce to the Commissioner all such evidence and other things so specified or described,

as appear to the Commissioner to be required by the Commissioner for the purposes of the carrying out of any of the Commissioner’s functions.

as appear to the Commissioner to be required by the Commissioner for the purposes of the carrying out of any of the Commissioner's functions.

- (3) Anything falling to be provided or produced by any person in pursuance of a requirement imposed under subsection (2) must be provided or produced in such form, in such manner and within such period as may be specified in—

@@ -1166,9 +1166,9 @@

##### 46

- (1) Information obtained by the Commissioner in connection with any of the Commissioner’s functions may be disclosed by the Commissioner to any public body or office-holder (in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom)—

- (a) for any purpose connected with the carrying out of any of the Commissioner’s functions; or

- (1) Information obtained by the Commissioner in connection with any of the Commissioner's functions may be disclosed by the Commissioner to any public body or office-holder (in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom)—

- (a) for any purpose connected with the carrying out of any of the Commissioner's functions; or

- (b) for the purpose of enabling or assisting the public body or office-holder to carry out any function.

@@ -1184,7 +1184,7 @@

- (b) in relation to disclosures made in circumstances specified or described in the consent.

- (4) Any person may disclose information to the Commissioner if the disclosure is made for the purposes of the carrying out of any of the Commissioner’s functions.

- (4) Any person may disclose information to the Commissioner if the disclosure is made for the purposes of the carrying out of any of the Commissioner's functions.

- (5) A disclosure under this section does not breach—

@@ -1202,13 +1202,13 @@

- “the Agency” and “the Authority” have the meanings given by section 32;

- “the Commissioner” means the Police Complaints Commissioner for Scotland established by section 33(1);

- “financial year” means— the period beginning with the date on which the first Commissioner is appointed and ending with 31 March next following that date; and each successive period of 12 months ending with 31 March;

- “joint police board” means a joint police board constituted under an amalgamation scheme made under the 1967 Act;

- the “relevant authorities” are— each chief constable; each police authority whose area is not combined by virtue of an amalgamation scheme under the 1967 Act with the area of any other police authority; each joint police board; the Authority; and the Director General of the Agency.

- “*the Commissioner*” means the Police Complaints Commissioner for Scotland established by section 33(1);

- “*financial year*” means—the period beginning with the date on which the first Commissioner is appointed and ending with 31 March next following that date; andeach successive period of 12 months ending with 31 March;

- “*joint police board*” means a joint police board constituted under an amalgamation scheme made under the 1967 Act;

- the “relevant authorities” are—each chief constable;each police authority whose area is not combined by virtue of an amalgamation scheme under the 1967 Act with the area of any other police authority;each joint police board;the Authority; andthe Director General of the Agency.

### Chapter 3 — Other provisions

@@ -1241,11 +1241,11 @@

- (2) In section 38A (constables engaged on service outside their force)—

- (a) in subsection (3), for “(7)” there is substituted “(8)”; and

- (a) in subsection (3), for “(7)” there is substituted “ (8) ”; and

- (b) after subsection (7) there is inserted—

> (8) A constable of a police force engaged on relevant service within paragraph (aa), (ab), (b), (bb), (bc), (bd), (bg) or (bh) of subsection (1) of this section shall be treated for the purposes of sections 59 and 60 of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16) as if he were a member of that force.

@@ -1306,11 +1306,11 @@

- (a) a person may be regarded as having been on a journey to or from a football match whether or not the person attended or intended to attend the match; and

- (b) a person’s journey includes breaks (including overnight breaks).

- (b) a person's journey includes breaks (including overnight breaks).

- (9) On making a football banning order, or a declaration, under this section, a court must explain to the person in ordinary language the effect of the order or declaration.

- (10) But failure to comply with subsection (9) does not affect the order’s (or declaration's) validity.

- (10) But failure to comply with subsection (9) does not affect the order's (or declaration's) validity.

#### Making of order on application to the sheriff

@@ -1346,25 +1346,25 @@

- (a) any decision of a court or tribunal outside the United Kingdom in respect of the person;

- (b) the person’s deportation or exclusion from a country or territory outside the United Kingdom;

- (c) the person’s removal or exclusion from premises used for playing football matches, whether in the United Kingdom or elsewhere;

- (d) the person’s conduct recorded on video or by any other means.

- (b) the person's deportation or exclusion from a country or territory outside the United Kingdom;

- (c) the person's removal or exclusion from premises used for playing football matches, whether in the United Kingdom or elsewhere;

- (d) the person's conduct recorded on video or by any other means.

- (8) The sheriff may not take into account anything done by the person before the beginning of the relevant period, except circumstances ancillary to a conviction.

- (9) In subsection (8)—

- “the relevant period” means the period of 10 years ending with the day on which the application for the order was made; and

- “circumstances ancillary to a conviction” has the same meaning as it has for the purposes of section 4 of the Rehabilitation of Offenders Act [1974 (c. 53)](https://www.legislation.gov.uk/ukpga/1974/53).

- (10) Subsection (8) does not prejudice anything in the Rehabilitation of Offenders Act [1974 (c. 53)](https://www.legislation.gov.uk/ukpga/1974/53).

- “*the relevant period*” means the period of 10 years ending with the day on which the application for the order was made; and

- “*circumstances ancillary to a conviction*” has the same meaning as it has for the purposes of section 4 of the Rehabilitation of Offenders Act 1974 (c. 53).

- (10) Subsection (8) does not prejudice anything in the Rehabilitation of Offenders Act 1974 (c. 53).

- (11) On making a football banning order, the sheriff must explain to the person (if present in court) in ordinary language the effect of the order.

- (12) But failure to comply with subsection (11) does not affect the order’s validity.

- (12) But failure to comply with subsection (11) does not affect the order's validity.

#### Content of order

@@ -1382,7 +1382,7 @@

- (b) where a relevant event occurs, to notify the football banning orders authority of the prescribed information in relation to the event within 7 days beginning with the day on which the event occurs.

- (3) A football banning order must, unless it appears to the court making it that there are exceptional circumstances, impose a requirement as to the surrender in accordance with this Chapter, in connection with regulated football matches outside the United Kingdom, of the person’s passport.

- (4) A football banning order may, if the court making it considers it would help to prevent violence or disorder at or in connection with any football matches, impose on the person additional requirements.

@@ -1406,7 +1406,7 @@

- (2) The period specified in a football banning order by virtue of section 53(6) begins on the day on which the order is made.

- (3) In section 53(7)(a), “imprisonment” includes any form of detention.

- (3) In section 53(7)(a), “*imprisonment*” includes any form of detention.

#### “Football matches” and “regulated football matches”

@@ -1454,13 +1454,13 @@

- (1) This section applies for the purposes of this Chapter.

- (2) “Violence” means violence against persons or intentional damage to property and includes—

- (2) “*Violence*” means violence against persons or intentional damage to property and includes—

- (a) threatening violence; and

- (b) doing anything which endangers the life of a person.

- (3) “Disorder” includes—

- (3) “*Disorder*” includes—

- (a) stirring up hatred against a group of persons based on their membership (or presumed membership) of a group defined by reference to a thing mentioned in subsection (5), or against an individual as a member of such a group;

@@ -1468,7 +1468,7 @@

- (c) displaying any writing or other thing which is threatening, abusive or insulting.

- (4) In subsection (3)(a), “presumed” means presumed by the person doing the stirring up.

- (4) In subsection (3)(a), “*presumed*” means presumed by the person doing the stirring up.

- (5) The things referred to in subsection (3)(a) are—

@@ -1490,11 +1490,11 @@

- (6) In subsection (5)—

- “disability” means physical or mental impairment of any kind;

- “religious group” has the meaning given by section 74(7) of the Criminal Justice (Scotland) Act [2003 (asp 7)](https://www.legislation.gov.uk/asp/2003/7);

- “transgender identity” means any of the following— transvestism; transsexualism; intersexuality; having, by virtue of the Gender Recognition Act [2004 (c. 7)](https://www.legislation.gov.uk/ukpga/2004/7), changed gender.

- “*disability*” means physical or mental impairment of any kind;

- “*religious group*” has the meaning given by section 74(7) of the Criminal Justice (Scotland) Act 2003 (asp 7);

- “*transgender identity*” means any of the following—transvestism;transsexualism;intersexuality;having, by virtue of the Gender Recognition Act 2004 (c. 7), changed gender.

### Variation, termination, information and appeals

@@ -1516,23 +1516,23 @@

- (b) the chief constable of the police force in the area of which the person subject to the order resides;

- (c) a chief constable who believes that that person is in or is intending to come to the area of the chief constable’s police force;

- (c) a chief constable who believes that that person is in or is intending to come to the area of the chief constable's police force;

- (d) where the order was made under section 52, the chief constable on whose application the order was made.

- (4) In subsection (1), “the appropriate court” means—

- (4) In subsection (1), “*the appropriate court*” means—

- (a) where the football banning order was made under section 51, the court which made the order;

- (b) where the football banning order was made under section 52, an appropriate sheriff.

- (5) In subsection (4), “an appropriate sheriff” means—

- (5) In subsection (4), “*an appropriate sheriff*” means—

- (a) a sheriff sitting in the original sheriff court district; or

- (b) where such a sheriff remits the application to another sheriff court district, a sheriff sitting in that other district.

- (6) In subsection (5), “the original sheriff court district” means the sheriff court district which the sheriff who made the football banning order was sitting in when the order was made.

- (6) In subsection (5), “*the original sheriff court district*” means the sheriff court district which the sheriff who made the football banning order was sitting in when the order was made.

#### Termination of order

@@ -1554,7 +1554,7 @@

- (4) Where an application under subsection (1) is refused, no further application under that subsection in respect of the same order may be made within the period of 6 months beginning with the day of the refusal.

- (5) In subsection (1), “the appropriate court” has the same meaning as in section 57.

- (5) In subsection (1), “*the appropriate court*” has the same meaning as in section 57.

#### Information about making, varying or terminating order etc.

@@ -1578,7 +1578,7 @@

- (c) in a case where the person against whom the order was made is detained in legal custody, sent to the person in whose custody that person is detained as soon as is reasonably practicable.

- (3) Where a person subject to a football banning order (“the subject”) is released from custody, the person in whose custody the subject is must give notice of the subject’s release to the football banning orders authority as soon as is reasonably practicable.

- (3) Where a person subject to a football banning order (“the subject”) is released from custody, the person in whose custody the subject is must give notice of the subject's release to the football banning orders authority as soon as is reasonably practicable.

- (4) Subsection (3) applies only if the subject is released more than 5 days before the expiry of the football banning order.

@@ -1616,7 +1616,7 @@

- (7) An appeal under subsection (6) may be made only with the leave of the sheriff principal.

- (8) An application for leave to appeal under subsection (6) must be made within the period of 7 days beginning with the date of the sheriff principal’s decision; and an appeal under that subsection must be made within the period of 7 days beginning with the date on which leave to appeal the sheriff principal’s decision was given.

- (8) An application for leave to appeal under subsection (6) must be made within the period of 7 days beginning with the date of the sheriff principal's decision; and an appeal under that subsection must be made within the period of 7 days beginning with the date on which leave to appeal the sheriff principal's decision was given.

### Enforcement of order in relation to foreign matches

@@ -1634,13 +1634,13 @@

- (a) to report at a specified police station at the time, or between the times, specified; and

- (b) if the order imposes a requirement as to the surrender of the person’s passport, to attend at a specified police station at the time, or between the times, specified and—

- (b) if the order imposes a requirement as to the surrender of the person's passport, to attend at a specified police station at the time, or between the times, specified and—

- (i) if the person has a passport, to surrender it; or

- (ii) if the person does not have a passport, to make a declaration to that effect.

- (5) In subsection (4), “specified” means specified in the notice.

- (5) In subsection (4), “*specified*” means specified in the notice.

- (6) The football banning orders authority may establish criteria for determining whether a notice under subsection (4) ought to be imposed on any person or on persons of a particular description.

@@ -1648,7 +1648,7 @@

##### 62

- (1) A notice under section 61(4) may not require the person subject to the order to report or surrender the person’s passport except in the control period in relation to—

- (1) A notice under section 61(4) may not require the person subject to the order to report or surrender the person's passport except in the control period in relation to—

- (a) a regulated football match outside the United Kingdom; or

@@ -1656,15 +1656,15 @@

- (2) In subsection (1)—

- “control period” in relation to a regulated football match outside the United Kingdom means the period— beginning 5 days before the day of the match; and ending when the match is finished or cancelled;

- “control period” in relation to a designated external tournament means the period— beginning 5 days before the day of the first football match outside the United Kingdom which is included in the tournament; ending when the last football match outside the United Kingdom which is included in the tournament is finished or cancelled; (but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account);

- “designated” means designated by the Scottish Ministers by order; and

- “external tournament” means a football competition which includes regulated football matches outside the United Kingdom.

- (3) Where a notice under section 61(4) requires the person subject to the order to surrender the person’s passport, the passport must be returned to the person as soon as reasonably practicable after the control period in question.

- “*control period*” in relation to a regulated football match outside the United Kingdom means the period—beginning 5 days before the day of the match; andending when the match is finished or cancelled;

- “*control period*” in relation to a designated external tournament means the period—beginning 5 days before the day of the first football match outside the United Kingdom which is included in the tournament;ending when the last football match outside the United Kingdom which is included in the tournament is finished or cancelled;(but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account);

- “*designated*” means designated by the Scottish Ministers by order; and

- “*external tournament*” means a football competition which includes regulated football matches outside the United Kingdom.

- (3) Where a notice under section 61(4) requires the person subject to the order to surrender the person's passport, the passport must be returned to the person as soon as reasonably practicable after the control period in question.

#### Sections 61 and 62: guidance

@@ -1694,7 +1694,7 @@

- (3) If the application is made during the control period in relation to any match to which it relates, the application may instead be made to the constable responsible for any police station.

- (4) In subsection (3), “control period” is to be construed in accordance with section 62(2).

- (4) In subsection (3), “*control period*” is to be construed in accordance with section 62(2).

- (5) An order under this section is to be made only if the applicant shows to the satisfaction of the person to whom the application for the order is made—

@@ -1716,7 +1716,7 @@

- (2) The Scottish Ministers shall make such arrangements as they consider appropriate for publishing the guidance issued from time to time for the purpose of subsection (1).

- (3) A person who is aggrieved by the refusal of the football banning orders authority or a constable to make an order under section 64 in the person’s favour may appeal that refusal to the sheriff.

- (3) A person who is aggrieved by the refusal of the football banning orders authority or a constable to make an order under section 64 in the person's favour may appeal that refusal to the sheriff.

- (4) An appeal under subsection (3) may be made only after the aggrieved person has given notice in writing of the intention to do so to—

@@ -1728,7 +1728,7 @@

- (6) On an appeal under subsection (3) the sheriff may make such order as the sheriff thinks fit.

- (7) The sheriff’s decision on an appeal under subsection (3) is final.

- (7) The sheriff's decision on an appeal under subsection (3) is final.

#### Suspension of reporting requirements

@@ -1750,7 +1750,7 @@

- (b) the subject was precluded by being in custody from reporting initially.

- (5) Where this subsection applies, the order is to have effect as if it required the subject to report initially at the police station specified in the order within the period of 5 days beginning with the date of the subject’s release.

### Miscellaneous and general

@@ -1766,7 +1766,7 @@

- (2) A certificate of posting of a letter sent under subsection (1)(b) issued by the postal operator concerned is sufficient evidence of the sending of the letter on the day specified in the certificate.

- (3) In subsection (2), “postal operator” has the meaning given by section 125(1) of the Postal Services Act [2000 (c. 26)](https://www.legislation.gov.uk/ukpga/2000/26).

- (3) In subsection (2), “*postal operator*” has the meaning given by section 125(1) of the Postal Services Act 2000 (c. 26).

#### Offences under this Chapter

@@ -1810,9 +1810,9 @@

- (1) In this Chapter—

- “the football banning orders authority” means the chief constable of the police force maintained for the Strathclyde combined police area; and

- “passport” means a United Kingdom passport within the meaning of the Immigration Act [1971 (c. 77)](https://www.legislation.gov.uk/ukpga/1971/77).

- “*the football banning orders authority*” means the chief constable of the police force maintained for the Strathclyde combined police area; and

- “*passport*” means a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77).

- (2) The Scottish Ministers may by order modify the definition of “the football banning orders authority” in subsection (1).

@@ -1822,15 +1822,15 @@

##### 70

- (1) Section 62 of the Civic Government (Scotland) Act [1982 (c. 45)](https://www.legislation.gov.uk/ukpga/1982/45) (giving notice of proposal to hold public processions) (“the 1982 Act”) is amended in accordance with subsections (2) to (8).

- (1) Section 62 of the Civic Government (Scotland) Act 1982 (c. 45) (giving notice of proposal to hold public processions) (“*the 1982 Act*”) is amended in accordance with subsections (2) to (8).

- (2) In subsection (2)—

- (a) in paragraph (a), for “7” there is substituted “28”;

- (b) in paragraph (b), for “7” there is substituted “28”.

- (3) In subsection (4), for “7” there is substituted “28”.

- (a) in paragraph (a), for “7” there is substituted “ 28 ”;

- (b) in paragraph (b), for “7” there is substituted “ 28 ”.

- (3) In subsection (4), for “7” there is substituted “ 28 ”.

- (4) In subsection (5), for “specify” to “above”, where secondly occurring, there is substituted—

@@ -1896,19 +1896,19 @@

##### 72

- (1) In section 64(6)(a)(ii) of the 1982 Act (sheriff’s powers on appeal against order under section 63)—

- (a) for “vary” there is substituted “quash”;

- (b) after “appeal” there is inserted “, vary it”; and

- (c) after “make” there is inserted “in substitution for the order”.

- (1) In section 64(6)(a)(ii) of the 1982 Act (sheriff's powers on appeal against order under section 63)—

- (a) for “vary” there is substituted “ quash ”;

- (b) after “appeal” there is inserted “ , vary it ”; and

- (c) after “make” there is inserted “ in substitution for the order ”.

- (2) In section 65 of that Act (offences and enforcement)—

- (a) in subsection (1), in paragraph (a)—

- (i) for “without” there is substituted “not”; and

- (i) for “without” there is substituted “ not ”; and

- (ii) sub-paragraph (ii) and the word “and” immediately preceding it are repealed;

@@ -1935,29 +1935,29 @@

##### 73

- (1) The Criminal Law (Consolidation) (Scotland) Act [1995 (c. 39)](https://www.legislation.gov.uk/ukpga/1995/39) is amended as follows.

- (2) In section 49(1)(a) (penalty on summary conviction for offence of possessing an article with a blade or point in a public place) for “six” there is substituted “twelve”.

- (3) In section 49(1)(b) (penalty on indictment for offence of possessing an article with a blade or point in a public place), for “two” there is substituted “four”.

- (4) In section 49A(5)(a)(i) (penalty on summary conviction for offence of possessing an article with a blade or point on school premises) for “six” there is substituted “twelve”.

- (5) In section 49A(5)(a)(ii) (penalty on indictment for offence of possessing an article with a blade or point on school premises), for “two” there is substituted “four”.

- (1) The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is amended as follows.

- (2) In section 49(1)(a) (penalty on summary conviction for offence of possessing an article with a blade or point in a public place) for “six” there is substituted “ twelve ”.

- (3) In section 49(1)(b) (penalty on indictment for offence of possessing an article with a blade or point in a public place), for “two” there is substituted “ four ”.

- (4) In section 49A(5)(a)(i) (penalty on summary conviction for offence of possessing an article with a blade or point on school premises) for “six” there is substituted “ twelve ”.

- (5) In section 49A(5)(a)(ii) (penalty on indictment for offence of possessing an article with a blade or point on school premises), for “two” there is substituted “ four ”.

#### Amendment of requirements for exercise of certain powers of arrest

##### 74

- (1) The Criminal Law (Consolidation) (Scotland) Act [1995 (c. 39)](https://www.legislation.gov.uk/ukpga/1995/39) is amended as follows.

- (1) The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is amended as follows.

- (2) In section 47(3) (power of constable to arrest without warrant person suspected of possessing an offensive weapon in a public place)—

- (a) after “believe” where first occurring there is inserted “to have committed or”; and

- (a) after “believe” where first occurring there is inserted “ to have committed or ”; and

- (b) the words from “if” to the end are repealed.

- (3) In section 48(3) (power of constable to arrest without warrant person suspected of obstructing search for offensive weapon), after “committed” there is inserted “or is committing”.

- (3) In section 48(3) (power of constable to arrest without warrant person suspected of obstructing search for offensive weapon), after “committed” there is inserted “ or is committing ”.

- (4) In section 50(3) (power of constable to arrest without warrant person suspected of contravening section 49(1) or 49A(1) or (2)), the following provisions are repealed—

@@ -1969,13 +1969,13 @@

##### 75

- (1) Section 141A of the Criminal Justice Act [1988 (c. 33)](https://www.legislation.gov.uk/ukpga/1988/33) (sale of knives etc. to persons under 16) is amended as follows.

- (1) Section 141A of the Criminal Justice Act 1988 (c. 33) (sale of knives etc. to persons under 16) is amended as follows.

- (2) In subsection (1)—

- (a) at the beginning there is inserted “Subject to subsection (3A) below”; and

- (b) for “sixteen” there is substituted “eighteen”.

- (a) at the beginning there is inserted “ Subject to subsection (3A) below ”; and

- (b) for “sixteen” there is substituted “ eighteen ”.

- (3) In subsection (2)—

@@ -1995,7 +1995,7 @@

- (5) The side note to that section becomes “Sale of knives and certain articles with blade or point to persons under eighteen”.

- (5) The side note to that section becomes “ “Sale of knives and certain articles with blade or point to persons under eighteen ”.

### Fireworks

@@ -2003,7 +2003,7 @@

##### 76

After section 11 of the Fireworks Act [2003 (c. 22)](https://www.legislation.gov.uk/ukpga/2003/22) there is inserted—

After section 11 of the Fireworks Act 2003 (c. 22) there is inserted—

> (11A)

> (1) A constable may search a person without warrant if the constable has reasonable grounds for suspecting that the person possesses a firework in contravention of a prohibition imposed by fireworks regulations.

@@ -2011,8 +2011,8 @@

> (3) A constable who detains a person under subsection (2) must inform the person of the reason for the detention.

> (4) If in the course of a search under this section, a constable discovers a firework which the constable has reasonable grounds for suspecting is being possessed by the person in contravention of a prohibition imposed by fireworks regulations, the constable may seize it.

> (5) A person who—

> (a) intentionally obstructs a constable in the exercise of the constable’s power under subsection (1) or (2); or

> (b) conceals from a constable acting in the exercise of the constable’s power under subsection (1) any firework whose possession contravenes a prohibition imposed by fireworks regulations,

> (a) intentionally obstructs a constable in the exercise of the constable's power under subsection (1) or (2); or

> (b) conceals from a constable acting in the exercise of the constable's power under subsection (1) any firework whose possession contravenes a prohibition imposed by fireworks regulations,

> commits an offence.

> (6) A constable may arrest a person without warrant if the constable has reasonable cause to believe the person has committed or is committing an offence under subsection (5).

> (7) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

@@ -2021,7 +2021,7 @@

> (a) the constable has reasonable cause to believe that the person has committed or is committing an offence under section 11(1) in respect of a contravention of a prohibition on possession of a firework; and

> (b) either of the two conditions mentioned in subsection (2) is met.

> (2) The conditions are that—

> (a) having asked the person to give the person’s name or address (or both), the constable—

> (a) having asked the person to give the person's name or address (or both), the constable—

> (i) is not given the information asked for; or

> (ii) is not satisfied that such information as is given is correct;

> (b) the constable has reasonable cause to believe it is necessary to arrest the person in order to prevent the person committing any other offence in the course of whose commission there might be used a firework whose possession is prohibited by fireworks regulations.

@@ -2041,14 +2041,14 @@

> (19AA)

> (1) This section applies where a person is subject to—

> (a) the notification requirements of Part 2 of the 2003 Act;

> (b) an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act [2005 (asp 9)](https://www.legislation.gov.uk/asp/2005/9) (a risk of sexual harm order); or

> (b) an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (a risk of sexual harm order); or

> (c) an order under section 123 of the 2003 Act (which makes provision for England and Wales and Northern Ireland corresponding to section 2 of that Act of 2005).

> (2) This section applies regardless of whether the person became subject to those requirements or that order before or after the commencement of this section.

> (3) Subject to subsections (4) to (8) below, where this section applies a constable may—

> (a) take from the person or require the person to provide him with such relevant physical data as the constable considers reasonably appropriate;

> (b) with the authority of an officer of a rank no lower than inspector, take from the person any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of this Act by the means specified in that paragraph in relation to that sample;

> (c) take, or direct a police custody and security officer to take, from the person any sample mentioned in subsection (6A) of that section by the means specified in that subsection.

> (4) Where this section applies by virtue of subsection (1)(c) above, the power conferred by subsection (3) shall not be exercised unless the constable reasonably believes that the person’s sole or main residence is in Scotland.

> (5) The power conferred by subsection (3) above shall not be exercised where the person has previously had taken from him or been required to provide relevant physical data or any sample under section 19(2) or 19A(2) of this Act unless the data so taken or required have been or, as the case may be, the sample so taken has been, lost or destroyed.

> (6) The power conferred by subsection (3) above shall not be exercised where the person has previously had taken from him or been required to provide relevant physical data or any sample under that subsection unless the data so taken or required or, as the case may be, the sample so taken—

> (a) have or has been lost or destroyed; or

@@ -2067,7 +2067,7 @@

> (11) Before exercising the power conferred by subsection (3) above in a case to which subsection (8)(b) above applies, a constable shall inform the person of that fact.

> (12) Any constable may arrest without warrant a person who fails to comply with a requirement under subsection (8)(a) above.

> (13) This section does not prejudice the generality of section 18 of this Act.

> (14) In this section, “the 2003 Act” means the Sexual Offences Act [2003 (c. 42)](https://www.legislation.gov.uk/ukpga/2003/42).”.

> (14) In this section, “*the 2003 Act*” means the Sexual Offences Act 2003 (c. 42).”.

> (19AB)

> (1) This section applies where section 19AA of this Act applies by virtue of subsection (1)(b) or (c) of that section.

> (2) A person who fails without reasonable excuse—

@@ -2086,30 +2086,32 @@

> (a) is convicted of an offence; or

> (b) becomes subject to the notification requirements of Part 2 of the 2003 Act.

> (7) In this section—

> - “risk of sexual harm order” means an order under— section 2 of the 2005 Act; or section 123 of the 2003 Act;

> - “the 2005 Act” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act [2005 (asp 9)](https://www.legislation.gov.uk/asp/2005/9);

> - “the 2003 Act” has the meaning given by section 19AA(14) of this Act; and

> - “convicted” shall be construed in accordance with section 19A(6) of this Act.

- (3) In section 19 (further powers to take samples etc.), in subsection (1)(b)(i), for “or 19A” there is substituted “, 19A or 19AA”.

- (4) In section 19A (power to take samples etc. from sexual and violent offenders), in subsection (3), for “or under this section” there is substituted “, under this section or under section 19AA(3) of this Act”.

> - “*risk of sexual harm order*” means an order under—

> 1. section 2 of the 2005 Act; or

> 2. section 123 of the 2003 Act;

> - “*the 2005 Act*” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9);

> - “*the 2003 Act*” has the meaning given by section 19AA(14) of this Act; and

> - “*convicted*” shall be construed in accordance with section 19A(6) of this Act.

- (3) In section 19 (further powers to take samples etc.), in subsection (1)(b)(i), for “or 19A” there is substituted “ , 19A or 19AA ”.

- (4) In section 19A (power to take samples etc. from sexual and violent offenders), in subsection (3), for “or under this section” there is substituted “ , under this section or under section 19AA(3) of this Act ”.

- (5) Section 19B (power of constable in obtaining samples etc.) is amended as follows—

- (a) in subsection (1)—

- (i) in paragraph (a), after “Act” there is inserted “, or under subsection (3)(a) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section”; and

- (ii) in paragraph (b), after “Act” there is inserted “, or under subsection (3)(b) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section”; and

- (b) in subsection (2), after “Act” there is inserted “, or under subsection (3)(c) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section”.

- (6) The Sexual Offences Act 2003 (“the 2003 Act”) is amended in accordance with subsections (7) to (9).

- (7) For sections 87(4) and (5) (power to take fingerprints etc. to verify person’s identity), there is substituted—

- (i) in paragraph (a), after “Act” there is inserted “ , or under subsection (3)(a) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section ”; and

- (ii) in paragraph (b), after “Act” there is inserted “ , or under subsection (3)(b) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section ”; and

- (b) in subsection (2), after “Act” there is inserted “ , or under subsection (3)(c) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section ”.

- (6) The Sexual Offences Act 2003 (“*the 2003 Act*”) is amended in accordance with subsections (7) to (9).

- (7) For sections 87(4) and (5) (power to take fingerprints etc. to verify person's identity), there is substituted—

> (5A) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—

> (a) allow the officer or person to photograph any part of the offender,

@@ -2121,11 +2123,11 @@

- (8) In section 88 (interpretation of section 87), after subsection (2) there is inserted—

> (2A) “Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.

- (9) In section 91(1)(a) (offence of failing to complying with certain provisions of Part 2, including section 87(4)) for “87(4)” there is substituted “87(5A)”.

> (2A) “*Relevant physical data*” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.

- (9) In section 91(1)(a) (offence of failing to complying with certain provisions of Part 2, including section 87(4)) for “87(4)” there is substituted “ 87(5A) ”.

#### Sex offender notification requirements

@@ -2147,8 +2149,8 @@

- (3) After subsection (7), there is inserted—

> (8) In this section, “passport” means—

> (a) a United Kingdom passport within the meaning of the Immigration Act [1971 (c. 77)](https://www.legislation.gov.uk/ukpga/1971/77);

> (8) In this section, “*passport*” means—

> (a) a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);

> (b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

> (c) a document that can be used (in some or all circumstances) instead of a passport.

@@ -2168,24 +2170,24 @@

; and

- (c) for “(as the case may be) the fact that he has been released” there is substituted “the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations”.

- (c) for “(as the case may be) the fact that he has been released” there is substituted “ the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations ”.

- (6) After subsection (1), there is inserted—

> (1A) In subsection (1), “passport” has the same meaning as in section 83.

> (1A) In subsection (1), “*passport*” has the same meaning as in section 83.

- (7) In section 87 of the 2003 Act (method of notification and related matters), after subsection (5A) (as inserted by section 77) there is inserted—

> (5B) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.

> (5C) In subsection (5B), “passport” has the same meaning as in section 83.

- (8) In section 91(1)(a) of the 2003 Act (offences of failing to comply with certain provisions), after “(5A)” (as inserted by section 77) there is inserted “or (5B)”.

- (9) In section 138 of the 2003 Act (orders and regulations), in subsection (2), after “21,” there is inserted “83, 84,”.

> (5C) In subsection (5B), “*passport*” has the same meaning as in section 83.

- (8) In section 91(1)(a) of the 2003 Act (offences of failing to comply with certain provisions), after “(5A)” (as inserted by section 77) there is inserted “ or (5B) ”.

- (9) In section 138 of the 2003 Act (orders and regulations), in subsection (2), after “21,” there is inserted “ 83, 84, ”.

#### Information about release: power to require giving of specified information

@@ -2198,7 +2200,7 @@

> (2A) The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—

> (a) any information about the offender, or

> (b) a photograph of any part of the offender.

> (2B) In subsection (2A), “photograph” is to be construed in accordance with section 88(2).

> (2B) In subsection (2A), “*photograph*” is to be construed in accordance with section 88(2).

@@ -2212,7 +2214,7 @@

After section 96 of the 2003 Act there is inserted—

> (96A) Police powers of entry to and examination of relevant offender’s home address

> (96A) Police powers of entry to and examination of relevant offender's home address

> (1) A sheriff may, if satisfied on the application of a senior police officer of the relevant force as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the relevant force to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).

> (2) Those matters are—

> (a) that the premises are either—

@@ -2230,13 +2232,15 @@

> (5) A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant offender or any other person who has an interest in the premises.

> (6) A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.

> (7) A warrant under subsection (1) must be executed at a reasonable hour.

> (8) A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant’s grant.

> (8) A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant's grant.

> (9) A warrant under subsection (1) authorises entry on one occasion only.

> (10) This section does not prejudice any other power of entry, examination, search or seizure.

> (11) In this section—

> - “the relevant force” means the police force maintained for the area in which the premises are situated;

> - “senior police officer” means a constable of the rank of superintendent or above; and

> - “sexual offence” means— an offence within any of paragraphs 36 to 59C of Schedule 3; or any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.

> - “*the relevant force*” means the police force maintained for the area in which the premises are situated;

> - “*senior police officer*” means a constable of the rank of superintendent or above; and

> - “*sexual offence*” means—

> 1. an offence within any of paragraphs 36 to 59C of Schedule 3; or

> 2. any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.

@@ -2248,37 +2252,37 @@

##### 81

- (1) Section 13 of the Criminal Procedure (Scotland) Act [1995 (c. 46)](https://www.legislation.gov.uk/ukpga/1995/46) (“the 1995 Act”) (which gives police constables certain powers in relation to suspects and witnesses) is amended in accordance with subsections (2) to (5).

- (2) In subsection (1), in each of paragraphs (a) and (b), for “his name and address” there is substituted “the information mentioned in subsection (1A) below”.

- (1) Section 13 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (“*the 1995 Act*”) (which gives police constables certain powers in relation to suspects and witnesses) is amended in accordance with subsections (2) to (5).

- (2) In subsection (1), in each of paragraphs (a) and (b), for “his name and address” there is substituted “ the information mentioned in subsection (1A) below ”.

- (3) After subsection (1), there is inserted—

> (1A) That information is—

> (a) the person’s name;

> (b) the person’s address;

> (c) the person’s date of birth;

> (d) the person’s place of birth (in such detail as the constable considers necessary or expedient for the purpose of establishing the person’s identity); and

> (e) the person’s nationality.

- (4) In subsection (2)(a), for “name and address” there is substituted “information mentioned in subsection (1A) above”.

- (5) In subsection (6), in each of paragraphs (a)(i) and (b), for “his name and address” there is substituted “the information mentioned in subsection (1A) above”.

> (a) the person's name;

> (b) the person's address;

> (c) the person's date of birth;

> (d) the person's place of birth (in such detail as the constable considers necessary or expedient for the purpose of establishing the person's identity); and

> (e) the person's nationality.

- (4) In subsection (2)(a), for “name and address” there is substituted “ information mentioned in subsection (1A) above ”.

- (5) In subsection (6), in each of paragraphs (a)(i) and (b), for “his name and address” there is substituted “ the information mentioned in subsection (1A) above ”.

- (6) Section 14 of the 1995 Act (detention and questioning at a police station) is amended as follows—

- (a) in subsection (9), for “his name and address” there is substituted “the information mentioned in subsection (10) below”; and

- (a) in subsection (9), for “his name and address” there is substituted “ the information mentioned in subsection (10) below ”; and

- (b) after that subsection, there is inserted—

> (10) That information is—

> (a) the person’s name;

> (b) the person’s address;

> (c) the person’s date of birth;

> (d) the person’s place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person’s identity); and

> (e) the person’s nationality.

> (a) the person's name;

> (b) the person's address;

> (c) the person's date of birth;

> (d) the person's place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person's identity); and

> (e) the person's nationality.

@@ -2291,8 +2295,8 @@

- (2) After subsection (1A) (as inserted by section 81) there is inserted—

> (1B) The constable may, if the person mentioned in paragraph (a) of subsection (1) gives a name and address, require the person to provide—

> (a) the person’s fingerprints; or

> (b) a record, created by a device approved by the Scottish Ministers, of the skin on the person’s fingers.

> (a) the person's fingerprints; or

> (b) a record, created by a device approved by the Scottish Ministers, of the skin on the person's fingers.

> (1C) Fingerprints or a record provided by a person under a requirement under subsection (1B) above may be used only for the following purposes—

> (a) verifying the name and address given by the person;

> (b) establishing whether the person may be a person who is suspected of having committed any other offence,

@@ -2302,7 +2306,7 @@

- (3) In subsection (2)—

- (a) for “(either or both)” there is substituted “(any or all)”; and

- (a) for “(either or both)” there is substituted “ (any or all) ”; and

- (b) after paragraph (a) there is inserted—

@@ -2322,11 +2326,11 @@

- (a) after paragraph (b) there is inserted—

> (ba) subsection (1B) above, of the existence of the power to make the requirement and why he proposes to exercise it in the person’s case;

> (ba) subsection (1B) above, of the existence of the power to make the requirement and why he proposes to exercise it in the person's case;

; and

- (b) in paragraph (d), for “either” there is substituted “any”.

- (b) in paragraph (d), for “either” there is substituted “ any ”.

- (6) In subsection (6)—

@@ -2335,7 +2339,7 @@

- (b) after paragraph (a)(ii) there is inserted

> ; or

> (iii) under subsection (1B) above to provide the person’s fingerprints or a record such as is mentioned in that subsection,

> (iii) under subsection (1B) above to provide the person's fingerprints or a record such as is mentioned in that subsection,

@@ -2351,7 +2355,7 @@

##### 83

- (1) In section 18(3) of the 1995 Act (prints, samples etc. in criminal investigations), after “below” where it first occurs there is inserted “and section 18A of this Act”.

- (1) In section 18(3) of the 1995 Act (prints, samples etc. in criminal investigations), after “below” where it first occurs there is inserted “ and section 18A of this Act ”.

- (2) After section 18 of that Act there is inserted—

@@ -2368,7 +2372,7 @@

> (b) in whose sheriffdom that person is believed by the applicant to be; or

> (c) to whose sheriffdom the person is believed by the applicant to be intending to come.

> (7) An order under subsection (5) above shall not specify a destruction date more than 2 years later than the previous destruction date.

> (8) The decision of the sheriff on an application under subsection (5) above may be appealed to the sheriff principal within 21 days of the decision; and the sheriff principal’s decision on any such appeal is final.

> (8) The decision of the sheriff on an application under subsection (5) above may be appealed to the sheriff principal within 21 days of the decision; and the sheriff principal's decision on any such appeal is final.

> (9) Subsection (3) above does not apply where—

> (a) an application under subsection (5) above has been made but has not been determined;

> (b) the period within which an appeal may be brought under subsection (8) above against a decision to refuse an application has not elapsed; or

@@ -2379,8 +2383,11 @@

> (c) an appeal brought under subsection (8) above against a decision to grant an application is determined in favour of the appellant,

> the sample or information shall be destroyed as soon as possible thereafter.

> (11) In this section—

> - “the relevant chief constable” means— the chief constable of the police force of which the constable who took or directed the taking of the sample was a member; the chief constable of the police force in the area of which the person referred to in subsection (2) above resides; or a chief constable who believes that that person is or is intending to come to the area of the chief constable’s police force; and

> - “relevant sexual offence” and “relevant violent offence” have the same meanings as in section 19A(6) of this Act and include any attempt, conspiracy or incitement to commit such an offence.

> - “*the relevant chief constable*” means—

> 1. the chief constable of the police force of which the constable who took or directed the taking of the sample was a member;

> 2. the chief constable of the police force in the area of which the person referred to in subsection (2) above resides; or

> 3. a chief constable who believes that that person is or is intending to come to the area of the chief constable's police force; and

> - “*relevant sexual offence*” and “*relevant violent offence*” have the same meanings as in section 19A(6) of this Act and include any attempt, conspiracy or incitement to commit such an offence.

@@ -2396,14 +2403,14 @@

> (1) Subject to subsection (2) below, where subsection (3) below applies an appropriate officer may—

> (a) require a person who has been arrested and is in custody in a police station to provide him with a sample of urine; or

> (b) take from the inside of the mouth of such a person, by means of swabbing, a sample of saliva or other material,

> which the officer may subject to analysis intended to reveal whether there is any relevant Class A drug in the person’s body.

> which the officer may subject to analysis intended to reveal whether there is any relevant Class A drug in the person's body.

> (2) The power conferred by subsection (1) above shall not be exercised where the person has previously been required to provide or had taken from him a sample under that subsection in the same period in custody.

> (3) This subsection applies where—

> (a) the person is of 16 years of age or more;

> (b) the period in custody in the police station has not exceeded 6 hours;

> (c) the police station is situated in an area prescribed by order made by statutory instrument by the Scottish Ministers; and

> (d) either—

> (i) the person’s arrest was on suspicion of committing or having committed a relevant offence; or

> (i) the person's arrest was on suspicion of committing or having committed a relevant offence; or

> (ii) a senior police officer who has appropriate grounds has authorised the making of the requirement to provide or the taking of the sample.

> (4) Before exercising the power conferred by subsection (1) above, an appropriate officer shall—

> (a) warn the person in respect of whom it is to be exercised that failure, without reasonable excuse, to comply with the requirement or, as the case may be, allow the sample to be taken constitutes an offence; and

@@ -2411,7 +2418,7 @@

> (5) Where—

> (a) a person has been required to provide or has had taken a sample under subsection (1) above;

> (b) any of the following is the case—

> (i) the sample was not suitable for the means of analysis to be used to reveal whether there was any relevant Class A drug in the person’s body;

> (i) the sample was not suitable for the means of analysis to be used to reveal whether there was any relevant Class A drug in the person's body;

> (ii) though suitable, the sample was insufficient (either in quantity or quality) to enable information to be obtained by that means of analysis; or

> (iii) the sample was destroyed during analysis and the means of analysis failed to produce reliable information; and

> (c) the person remains in custody in the police station (whether or not the period of custody has exceeded 6 hours),

@@ -2422,12 +2429,29 @@

> (b) to allow a sample to be taken from him under subsection (1)(b) or (5) above,

> shall be guilty of an offence.

> (8) In this section—

> - “appropriate grounds” means reasonable grounds for suspecting that the misuse by the person of any relevant Class A drug caused or contributed to the offence on suspicion of which the person was arrested;

> - “appropriate officer” means— a constable; or a police custody and security officer acting on the direction of a constable;

> - “misuse” has the same meaning as in the Misuse of Drugs Act [1971 (c. 38)](https://www.legislation.gov.uk/ukpga/1971/38);

> - “relevant Class A drug” means any of the following substances, preparations and products— cocaine or its salts; any preparation or other product containing cocaine or its salts; diamorphine or its salts; any preparation or other product containing diamorphine or its salts;

> - “relevant offence” means any of the following offences— theft; assault; robbery; fraud; reset; uttering a forged document; embezzlement; an attempt, conspiracy or incitement to commit an offence mentioned in paragraphs (a) to (g); an offence under section 4 of the Misuse of Drugs Act [1971 (c. 38)](https://www.legislation.gov.uk/ukpga/1971/38) (restriction on production and supply of controlled drugs) committed in respect of a relevant Class A drug; an offence under section 5(2) of that Act of 1971 (possession of controlled drug) committed in respect of a relevant Class A drug; an offence under section 5(3) of that Act of 1971 (possession of controlled drug with intent to supply) committed in respect of a relevant Class A drug;

> - “senior police officer” means a police officer of a rank no lower than inspector.

> - “*appropriate grounds*” means reasonable grounds for suspecting that the misuse by the person of any relevant Class A drug caused or contributed to the offence on suspicion of which the person was arrested;

> - “*appropriate officer*” means—

> 1. a constable; or

> 2. a police custody and security officer acting on the direction of a constable;

> - “*misuse*” has the same meaning as in the Misuse of Drugs Act 1971 (c. 38);

> - “*relevant Class A drug*” means any of the following substances, preparations and products—

> 1. cocaine or its salts;

> 2. any preparation or other product containing cocaine or its salts;

> 3. diamorphine or its salts;

> 4. any preparation or other product containing diamorphine or its salts;

> - “*relevant offence*” means any of the following offences—

> 1. theft;

> 2. assault;

> 3. robbery;

> 4. fraud;

> 5. reset;

> 6. uttering a forged document;

> 7. embezzlement;

> 8. an attempt, conspiracy or incitement to commit an offence mentioned in paragraphs (a) to (g);

> 9. an offence under section 4 of the Misuse of Drugs Act 1971 (c. 38) (restriction on production and supply of controlled drugs) committed in respect of a relevant Class A drug;

> 10. an offence under section 5(2) of that Act of 1971 (possession of controlled drug) committed in respect of a relevant Class A drug;

> 11. an offence under section 5(3) of that Act of 1971 (possession of controlled drug with intent to supply) committed in respect of a relevant Class A drug;

> - “*senior police officer*” means a police officer of a rank no lower than inspector.

> (20B)

> (1) Section 20A of this Act does not prejudice the generality of section 18 of this Act.

> (2) Each person carrying out a function under section 20A of this Act must have regard to any guidance issued by the Scottish Ministers—

@@ -2443,19 +2467,19 @@

> (ii) where conviction is in the sheriff court, not exceeding 3 months; or

> (c) both such fine and imprisonment.

> (7) Subject to subsection (8) below, a sample provided or taken under section 20A of this Act shall be destroyed as soon as possible following its analysis for the purpose for which it was taken.

> (8) Where an analysis of the sample reveals that a relevant Class A drug is present in the person’s body, the sample may be retained so that it can be used, and supplied to others, for the purpose of any proceedings against the person for an offence under section 88 of the Police, Public Order and Criminal Justice (Scotland) Act [2006 (asp 10)](https://www.legislation.gov.uk/asp/2006/10); but—

> (8) Where an analysis of the sample reveals that a relevant Class A drug is present in the person's body, the sample may be retained so that it can be used, and supplied to others, for the purpose of any proceedings against the person for an offence under section 88 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10); but—

> (a) the sample may not be used, or supplied, for any other purpose; and

> (b) the sample shall be destroyed as soon as possible once it is no longer capable of being used for that purpose.

> (9) Information derived from a sample provided by or taken from a person under section 20A of this Act may be used and disclosed only for the following purposes—

> (a) for the purpose of proceedings against the person for an offence under section 88 of the Police, Public Order and Criminal Justice (Scotland) Act [2006 (asp 10)](https://www.legislation.gov.uk/asp/2006/10);

> (a) for the purpose of proceedings against the person for an offence under section 88 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);

> (b) for the purpose of informing any decision about granting bail in any criminal proceedings to the person;

> (c) for the purpose of informing any decision of a children’s hearing arranged to consider the person’s case;

> (d) where the person is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about the person’s supervision or release;

> (c) for the purpose of informing any decision of a children's hearing arranged to consider the person's case;

> (d) where the person is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about the person's supervision or release;

> (e) for the purpose of ensuring that appropriate advice and treatment is made available to the person.

> (10) Subject to subsection (11) below, the Scottish Ministers may by order made by statutory instrument modify section 20A(8) of this Act for either of the following purposes—

> (a) for the purpose of adding an offence to or removing an offence from those for the time being listed in the definition of “relevant offence”;

> (b) for the purpose of adding a substance, preparation or product to or removing a substance, preparation or product from those for the time being listed in the definition of “relevant Class A drug”.

> (11) An order under subsection (10)(b) may add a substance, preparation or product only if it is a Class A drug (that expression having the same meaning as in the Misuse of Drugs Act [1971 (c. 38)](https://www.legislation.gov.uk/ukpga/1971/38)).

> (11) An order under subsection (10)(b) may add a substance, preparation or product only if it is a Class A drug (that expression having the same meaning as in the Misuse of Drugs Act 1971 (c. 38)).

> (12) An order under subsection (10) above shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by resolution of the Scottish Parliament.

@@ -2468,7 +2492,7 @@

- (a) a sample is provided or taken under section 20A of the 1995 Act by or from a person in custody in a police station; and

- (b) an analysis of the sample reveals that a relevant Class A drug is present in the person’s body.

- (b) an analysis of the sample reveals that a relevant Class A drug is present in the person's body.

- (2) A constable must require the person to attend, and remain for the duration of, a drugs assessment.

@@ -2522,9 +2546,9 @@

##### 87

- (1) Subsection (2) applies where, in accordance with a requirement imposed by virtue of section 86(2), a person reports at the place where the person’s drugs assessment is to take place.

- (2) The drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor’s behalf must give the person a notice in writing which—

- (1) Subsection (2) applies where, in accordance with a requirement imposed by virtue of section 86(2), a person reports at the place where the person's drugs assessment is to take place.

- (2) The drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor's behalf must give the person a notice in writing which—

- (a) informs the person of the date and time of the drugs assessment;

@@ -2532,7 +2556,7 @@

- (c) warns the person that the person is liable to prosecution if the person fails without good cause to attend and remain for the duration of the drugs assessment.

- (3) Where a person is given a notice in pursuance of subsection (2), the drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor’s behalf may change the date, time or place of the assessment by serving on the person a further notice in writing which—

- (3) Where a person is given a notice in pursuance of subsection (2), the drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor's behalf may change the date, time or place of the assessment by serving on the person a further notice in writing which—

- (a) informs the person of the change; and

@@ -2546,7 +2570,7 @@

- (5) A certificate of posting of a notice sent under subsection (4)(b) issued by the postal operator concerned is sufficient evidence of the sending of the notice on the day specified in the certificate.

- (6) In subsection (5), “postal operator” has the meaning given by section 125(1) of the Postal Services Act [2000 (c. 26)](https://www.legislation.gov.uk/ukpga/2000/26).

- (6) In subsection (5), “*postal operator*” has the meaning given by section 125(1) of the Postal Services Act 2000 (c. 26).

#### Failure to comply with requirements under sections 85 and 86

@@ -2600,13 +2624,13 @@

In sections 85 to 88—

- “misuse” has the same meaning as in the Misuse of Drugs Act [1971 (c. 38)](https://www.legislation.gov.uk/ukpga/1971/38);

- “drugs assessment” and “drugs assessor” must be construed in accordance with section 85(3);

- “relevant Class A drug” has the meaning given by section 20A(8) of the 1995 Act;

- “suitably qualified person” means a person who has such qualifications or experience as are prescribed by regulations made by the Scottish Ministers.

- “*misuse*” has the same meaning as in the Misuse of Drugs Act 1971 (c. 38);

- “*drugs assessment*” and “*drugs assessor*” must be construed in accordance with section 85(3);

- “*relevant Class A drug*” has the meaning given by section 20A(8) of the 1995 Act;

- “*suitably qualified person*” means a person who has such qualifications or experience as are prescribed by regulations made by the Scottish Ministers.

### Offenders assisting investigations and prosecutions

@@ -2646,13 +2670,13 @@

- (a) the sentence;

- (b) in the case of a life sentence for murder or for any other offence for which that sentence is the sentence fixed by law, the punishment part (construed in accordance with section 2 of the Prisoners and Criminal Proceedings (Scotland) Act [1993 (c. 9)](https://www.legislation.gov.uk/ukpga/1993/9)); and

- (c) in the case of any other sentence which is fixed by law, any minimum period of imprisonment which an offender must serve.

- (9) In this section—

- (a) the reference, in subsection (1), to a written agreement includes a reference to an agreement made by, or partly by, electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act [2000 (c. 7)](https://www.legislation.gov.uk/ukpga/2000/7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the sender and the recipient;

- (a) the reference, in subsection (1), to a written agreement includes a reference to an agreement made by, or partly by, electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the sender and the recipient;

- (b) the reference, in subsection (5), to written notice includes a reference to a notice given by such a communication;

@@ -2694,7 +2718,7 @@

- (b) the prosecutor thinks that it is in the interests of justice to do so.

- (5) For the purposes of subsection (4)(a), an offender sentenced to a term of imprisonment who is released (whether on licence or unconditionally) under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act [1993 (c. 9)](https://www.legislation.gov.uk/ukpga/1993/9) before the date on which the offender would (but for the release) have served the sentence in full is to be treated as still serving the sentence until that date.

- (5) For the purposes of subsection (4)(a), an offender sentenced to a term of imprisonment who is released (whether on licence or unconditionally) under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) before the date on which the offender would (but for the release) have served the sentence in full is to be treated as still serving the sentence until that date.

- (6) A case so referred is, if possible, to be considered by the judge who passed the sentence or, where sentence has been passed on appeal, the judge who presided at first instance.

@@ -2736,7 +2760,7 @@

- (i) who does not fall within subsection (4); or

- (ii) who does not, in the opinion of the court, have a sufficiently direct interest in the proceedings to justify that person’s presence during them;

- (ii) who does not, in the opinion of the court, have a sufficiently direct interest in the proceedings to justify that person's presence during them;

- (b) to prohibit the publication of any matter relating to the proceedings (including the fact that the referral has been made).

@@ -2782,7 +2806,7 @@

- (a) any period in custody served under a sentence for which another sentence is substituted under section 92(7), (9) or (11);

- (b) any period during which a person was on release on licence or unconditionally under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act [1993 (c. 9)](https://www.legislation.gov.uk/ukpga/1993/9) in respect of such a sentence before the date on which the person would (but for the release) have served the sentence in full,

- (b) any period during which a person was on release on licence or unconditionally under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) in respect of such a sentence before the date on which the person would (but for the release) have served the sentence in full,

is to be taken into account, for the purposes of the later sentence, in the calculation of periods of time under Part 1 of that Act.

@@ -2802,7 +2826,7 @@

- (a) only to the offender and the court; or

- (b) only to the offender, the offender’s counsel or solicitor and the court,

- (b) only to the offender, the offender's counsel or solicitor and the court,

by the prosecutor.

@@ -2810,9 +2834,9 @@

- (4) Subsection (3) does not prevent disclosure by the court or the clerk of court to the High Court or the Clerk of Justiciary in connection with proceedings to which section 96 applies.

- (5) In subsection (2), a “relevant officer” is a constable or any other officer of an organisation having functions which are conferred by or under an enactment or rule of law and which consist of or include the investigation of offences.

- (6) The reference in subsection (2) to a report in writing includes a reference to a report made by means of an electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act [2000 (c. 7)](https://www.legislation.gov.uk/ukpga/2000/7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the maker of the report and those to whom it was made available.

- (5) In subsection (2), a “relevant officer is a constable or any other officer of an organisation having functions which are conferred by or under an enactment or rule of law and which consist of or include the investigation of offences.

- (6) The reference in subsection (2) to a report in writing includes a reference to a report made by means of an electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the maker of the report and those to whom it was made available.

#### Appeals etc.: undisclosed information

@@ -2834,7 +2858,7 @@

- (3) If, under subsection (2) of section 95, the lower court in passing sentence on the offender took into account information contained in a report mentioned in that subsection, the High Court and the Clerk of Justiciary—

- (a) must not disclose the information or the existence of the report to any person other than the prosecutor, the offender and, with the offender’s agreement, the offender’s counsel or solicitor; and

- (a) must not disclose the information or the existence of the report to any person other than the prosecutor, the offender and, with the offender's agreement, the offender's counsel or solicitor; and

- (b) must not disclose to any person whether the sentence passed by the lower court is less than it would have passed but for the assistance given by the offender.

@@ -2876,7 +2900,7 @@

- (5) Where—

- (a) a person accused of an offence is given a conditional immunity notice relating to the offence after the person’s first appearance on petition in respect of the offence; and

- (a) a person accused of an offence is given a conditional immunity notice relating to the offence after the person's first appearance on petition in respect of the offence; and

- (b) a cessation notice is given to the person in respect of the conditional immunity notice,

@@ -2906,9 +2930,9 @@

the fact that, before the notice ceased to have effect, communications took place between the prosecutor or anyone else and the person to whom the notice was given which would not or might not have taken place but for the notice is not a ground for the court to determine that the proceedings should not have been brought, or should not be continued, against that person.

- (9) Where a person to whom a conditional immunity notice has been given notifies the specified prosecutor in writing that the person’s address for the purposes of giving a cessation notice is changed to an address set out in the notification, then that address is to be treated as the address specified for those purposes in the conditional immunity notice.

- (10) In subsection (9), the “specified prosecutor” is the prosecutor specified in a conditional immunity notice for the purposes of receiving notification under that subsection.

- (9) Where a person to whom a conditional immunity notice has been given notifies the specified prosecutor in writing that the person's address for the purposes of giving a cessation notice is changed to an address set out in the notification, then that address is to be treated as the address specified for those purposes in the conditional immunity notice.

- (10) In subsection (9), the “specified prosecutoris the prosecutor specified in a conditional immunity notice for the purposes of receiving notification under that subsection.

- (11) A conditional immunity notice is given in accordance with this subsection if—

@@ -2916,7 +2940,7 @@

- (b) it is sent—

- (i) by first class recorded delivery post to the person’s house or place of business; or

- (i) by first class recorded delivery post to the person's house or place of business; or

- (ii) in the case of a person who is on bail, by first class recorded delivery post to his proper domicile of citation (within the meaning of section 25 of the 1995 Act (bail conditions)); or

@@ -2936,9 +2960,9 @@

- (b) it is sent to the person by first class recorded delivery post at the address specified in the conditional immunity notice for the purposes of the giving of a cessation notice,

and, where by virtue of subsection (13) the notice is given by way of an electronic communication, the person to whom the conditional immunity notice relates has agreed to the cessation notice’s being so given and has notified the prosecutor (whether under subsection (9) or otherwise) of the appropriate number or address of the kind used for receiving electronic communications.

- (13) The references in subsections (11) and (12) to the giving or sending of notice in a specified way include references to its being given by electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act [2000 (c. 7)](https://www.legislation.gov.uk/ukpga/2000/7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the sender and the recipient.

and, where by virtue of subsection (13) the notice is given by way of an electronic communication, the person to whom the conditional immunity notice relates has agreed to the cessation notice's being so given and has notified the prosecutor (whether under subsection (9) or otherwise) of the appropriate number or address of the kind used for receiving electronic communications.

- (13) The references in subsections (11) and (12) to the giving or sending of notice in a specified way include references to its being given by electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the sender and the recipient.

### Enforcement of Sea Fisheries (Shellfish) Act 1967

@@ -2946,7 +2970,7 @@

##### 98

- (1) After section 4 of the Sea Fisheries (Shellfish) Act [1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) there is inserted—

- (1) After section 4 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) there is inserted—

> (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—

@@ -2957,13 +2981,13 @@

> (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;

> (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—

> (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—

@@ -2985,7 +3009,7 @@

> (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.

> (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.

@@ -2999,8 +3023,8 @@

> (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.

> - “*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

@@ -3010,7 +3034,7 @@

> (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)](https://www.legislation.gov.uk/ukpga/1998/46); and

> (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—

@@ -3028,13 +3052,13 @@

- (2) In section 22 of the Sea Fisheries (Shellfish) Act [1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (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)](https://www.legislation.gov.uk/ukpga/1995/21) 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)](https://www.legislation.gov.uk/ukpga/1968/77) (amendment of Sea Fisheries (Shellfish) Act 1967), after subsection (2) there is inserted—

- (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.

@@ -3049,11 +3073,11 @@

In this Act—

- “the 1967 Act” means the Police (Scotland) Act [1967 (c. 77)](https://www.legislation.gov.uk/ukpga/1967/77);

- “the 1995 Act” means the Criminal Procedure (Scotland) Act [1995 (c. 46)](https://www.legislation.gov.uk/ukpga/1995/46); and

- “the 2003 Act” means the Sexual Offences Act [2003 (c. 42)](https://www.legislation.gov.uk/ukpga/2003/42).

- “*the 1967 Act*” means the Police (Scotland) Act 1967 (c. 77);

- “*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

@@ -3061,7 +3085,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1998/46).

- (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

@@ -3121,13 +3145,13 @@

In this schedule—

- “lay member” means a person who is neither a police authority member nor a police force member;

- “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39);

- “police authority member” means a person— who is a member of a local authority; and who, whether by election or otherwise, has the function of chairing meetings of any of the police bodies (whether or not referred to in that capacity as “convener”); and

- “police force member” means a person who holds the rank of chief constable in a police force.

- “*lay member*” means a person who is neither a police authority member nor a police force member;

- “*local authority*” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

- “*police authority member*” means a person—who is a member of a local authority; andwho, whether by election or otherwise, has the function of chairing meetings of any of the police bodies (whether or not referred to in that capacity as “convener”); and

- “*police force member*” means a person who holds the rank of chief constable in a police force.

#### Status

@@ -3139,7 +3163,7 @@

- (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.

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

#### Membership

@@ -3205,13 +3229,13 @@

- (b) a member of—

- (i) a police force maintained under section 2 of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16);

- (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)](https://www.legislation.gov.uk/ukpga/1987/4);

- (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;

@@ -3259,7 +3283,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1994/39) (elections and terms of office of councillors).

- (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—

@@ -3275,7 +3299,7 @@

- (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;

- (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;

@@ -3283,15 +3307,15 @@

- (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;

- (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)](https://www.legislation.gov.uk/asp/2000/7); or

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

- (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

@@ -3369,13 +3393,13 @@

- (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)](https://www.legislation.gov.uk/ukpga/1996/16);

- (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;

- (c) the Police Service of Northern Ireland;

- (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)](https://www.legislation.gov.uk/ukpga/1987/4);

- (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;

@@ -3425,7 +3449,7 @@

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)](https://www.legislation.gov.uk/ukpga/1996/16), the Scottish Ministers must—

- (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

@@ -3477,7 +3501,7 @@

- (a) a member of the Authority; or

- (b) a member of the Authority’s staff.

- (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—

@@ -3509,13 +3533,13 @@

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

- (2) The Authority may not authorise any of its committees to perform on its behalf any functions of the Authority under Part V of the Police Act [1997 (c. 50)](https://www.legislation.gov.uk/ukpga/1997/50).

- (2) The Authority may not authorise any of its committees to perform on its behalf any functions of the Authority under Part V of the Police Act 1997 (c. 50).

- (3) A committee of the Authority may authorise—

- (a) any of its sub-committees; or

- (b) any of the Authority’s members of staff,

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

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

@@ -3531,7 +3555,7 @@

- (c) borrowing money;

- (d) forming or promoting (whether alone or with another) companies (within the meaning of the Companies Act [1985 (c. 6)](https://www.legislation.gov.uk/ukpga/1985/6)).

- (d) forming or promoting (whether alone or with another) companies (within the meaning of the Companies Act 1985 (c. 6)).

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

@@ -3583,7 +3607,7 @@

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

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

- (4) The Authority may extend the 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 Director General if that person is a member of the Authority.

@@ -3597,7 +3621,7 @@

- (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-paragraph (1), “the Scottish Drug Enforcement Agency” means the organisation known by that name and established under section 36(1)(a)(ii) of the 1967 Act.

- (9) In sub-paragraph (1), “*the Scottish Drug Enforcement Agency*” means the organisation known by that name and established under section 36(1)(a)(ii) of the 1967 Act.

#### The Deputy Director General

@@ -3613,7 +3637,7 @@

- (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.

- (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.

@@ -3627,7 +3651,7 @@

- (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).

- (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

@@ -3657,7 +3681,7 @@

- (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.

- (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.

@@ -3683,9 +3707,9 @@

- (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;

- “*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.

@@ -3719,9 +3743,9 @@

- (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)](https://www.legislation.gov.uk/ukpga/1997/50) (authorisation of action in respect of property); or

- (b) the Regulation of Investigatory Powers (Scotland) Act [2000 (asp 11)](https://www.legislation.gov.uk/asp/2000/11).

- (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

@@ -3769,9 +3793,9 @@

- (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;

- “*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.

@@ -3791,7 +3815,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1996/16), the Scottish Ministers must—

- (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

@@ -3807,11 +3831,11 @@

In this Part—

- “central service” has the meaning given by section 38(5) of the 1967 Act;

- “relevant service” means relevant service within the meaning of section 38A(1)(bd) or (be) of that Act; and

- “transfer day”, in relation to a person, means the day on which a staff transfer order comes into force in relation to the person.

- “*central service*” has the meaning given by section 38(5) of the 1967 Act;

- “*relevant service*” means relevant service within the meaning of section 38A(1)(bd) or (be) of that Act; and

- “*transfer day*”, in relation to a person, means the day on which a staff transfer order comes into force in relation to the person.

#### Staff transfer orders

@@ -3893,15 +3917,15 @@

- (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—

- (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—

- (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

@@ -3915,7 +3939,7 @@

##### 5

In this Part, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39).

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

@@ -3977,7 +4001,7 @@

- (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.

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

#### Limitations on appointment

@@ -3995,19 +4019,19 @@

- (iv) the European Parliament; or

- (v) a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39);

- (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 a police force;

- (c) is or has been a member of—

- (i) a police force maintained under section 2 of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16);

- (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;

@@ -4021,11 +4045,11 @@

- (d) is or has been—

- (i) a special constable appointed under section 27 of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16);

- (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)](https://www.legislation.gov.uk/ukpga/1987/4);

- (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

@@ -4049,7 +4073,7 @@

- (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—

- (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

@@ -4061,7 +4085,7 @@

- (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—

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

- (a) in the case of a first appointment, 3 years; and

@@ -4079,13 +4103,13 @@

- (c) the person has, since appointment, been convicted of a criminal offence;

- (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)](https://www.legislation.gov.uk/ukpga/1986/46) or under Part 2 of the Companies (Northern Ireland) Order 1989 ([S.I. 1989/2404 (N.I. 18)](https://www.legislation.gov.uk/nisi/1989/2404));

- (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.

- (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 Part 2 of the Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18));

- (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

@@ -4117,7 +4141,7 @@

##### 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”).

- (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.

@@ -4139,7 +4163,7 @@

- (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.

- (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.

@@ -4159,7 +4183,7 @@

##### 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

@@ -4175,7 +4199,7 @@

- (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.

- (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.

@@ -4195,7 +4219,7 @@

##### 11

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.

## SCHEDULE 5

@@ -4207,15 +4231,15 @@

- (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 |

| *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 |

| 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 |

| 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 |

@@ -4225,15 +4249,15 @@

In the table in paragraph 1—

- “details”, in relation to a passport, means— the number of the passport the dates of issue and expiry of the passport the 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.

- “*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

@@ -4253,18 +4277,18 @@

- (a) in subsection (3A)—

- (i) for “section 38A(3)” there is substituted “subsection (3) of section 38A”;

- (i) for “section 38A(3)” there is substituted “ “subsection (3) of section 38A ”;

- (ii) the words “(ba) or” are repealed; and

- (iii) for “the said section 38A(1)” there is substituted “subsection (1) of that section”; and

- (iii) for “the said section 38A(1)” there is substituted “ “subsection (1) of that section ”; and

- (b) after that subsection there is inserted—

> (3AA) Notwithstanding anything in subsection (3) of section 38A of this Act, a person engaged on temporary service such as is mentioned in paragraph (bd) or (be), or service such as is mentioned in paragraph (bf), of subsection (1) of that section—

> (a) shall continue to be a constable; and

> (b) shall be treated for the purposes of the relevant enactments as if he were a constable of his police force.

> (3AB) In subsection (3AA), “the relevant enactments” means sections 17(1), (4), (5) and (7A) and 43 of this Act.

> (3AB) In subsection (3AA), “*the relevant enactments*” means sections 17(1), (4), (5) and (7A) and 43 of this Act.

@@ -4279,13 +4303,13 @@

> (bd) temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;

> (be) temporary service with the Scottish Crime and Drug Enforcement Agency on which a person is engaged with the consent of the appropriate authority;

> (bf) service as Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency on which a person is engaged with the consent of the appropriate authority;

> (bg) temporary service as an assistant inspector of constabulary under section 56 of the Police Act [1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16) on which the person is engaged with the consent of the appropriate authority;

> (bg) temporary service as an assistant inspector of constabulary under section 56 of the Police Act 1996 (c. 16) on which the person is engaged with the consent of the appropriate authority;

;

- (iii) in paragraph (d), for “Royal Ulster Constabulary” there is substituted “Police Service of Northern Ireland”; and

- (iv) in paragraph (f), for “2001” there is substituted “2002”;

- (iii) in paragraph (d), for “Royal Ulster Constabulary” there is substituted “ “Police Service of Northern Ireland ”; and

- (iv) in paragraph (f), for “2001” there is substituted “ “2002 ”;

- (b) after subsection (5) there is inserted—

@@ -4293,9 +4317,9 @@

;

- (c) in subsection (6)(a), after “(bc),” there is inserted “(bd), (be), (bf), (bg)”; and

- (d) in subsection (7)(b), for “Royal Ulster Constabulary” there is substituted “Police Service of Northern Ireland”.

- (c) in subsection (6)(a), after “(bc),” there is inserted “ “(bd), (be), (bf), (bg) ”; and

- (d) in subsection (7)(b), for “Royal Ulster Constabulary” there is substituted “ “Police Service of Northern Ireland ”.

- (6) In section 40 (duty of police authorities and inspectors of constabulary to keep informed about the manner of dealing with police complaints), the words “and inspectors of constabulary” are repealed.

@@ -4307,7 +4331,7 @@

##### 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)

@@ -4321,9 +4345,9 @@

- (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”.

- (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)

@@ -4348,7 +4372,7 @@

> (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.

> (5) In this section, “*the 2006 Act*” means the Police, Public Order and Criminal Justice (Scotland) Act 2006.

@@ -4371,7 +4395,7 @@

> (b) regulations under section 23 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 or an order under paragraph 10(10) of schedule 1 to, or paragraph 9(1) of schedule 2 to, that Act,

- (iii) after “regulations”, where last occurring, there is inserted “or order”; and

- (iii) after “regulations”, where last occurring, there is inserted “ “or order ”; and

- (b) after that subsection there is inserted—

@@ -4387,7 +4411,7 @@

; and

- (c) in subsection (2), after “above” there is inserted “, or for the purposes of subsection (1AA) or (1AC) above,”.

- (c) in subsection (2), after “above” there is inserted “ “, or for the purposes of subsection (1AA) or (1AC) above, ”.

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

@@ -4408,7 +4432,7 @@

- (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)](https://www.legislation.gov.uk/asp/2006/10).

;

@@ -4449,11 +4473,11 @@

> (5) The person referred to in subsection (2)(h) is—

> (a) the chief constable whose relevant area (within the meaning of section 93(6)(b)) is the area to which the application for authorisation relates; or

> (b) his designated deputy (within the meaning of subsection (4)(aa)); or

> (c) where it is not reasonably practicable for the chief constable or his designated deputy to consider the application, a person holding the rank of assistant chief constable in the chief constable’s police force.

- (4) In section 95(7) (designated deputy permitted to exercise authorising officer’s powers), for “or (d)” there is substituted “(d) or (j)”.

- (4) In section 95(7) (designated deputy permitted to exercise authorising officer's powers), for “or (d)” there is substituted “ “(d) or (j) ”.

- (5) In section 107(4) (power of Prime Minister to exclude matters from a report), after paragraph (b) there is inserted—

@@ -4465,11 +4489,7 @@

##### 7

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies) there is inserted after the entry relating to Scottish Natural Heritage the following entry—

> The Scottish Police Services Authority

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies) there is inserted after the entry relating to Scottish Natural Heritage the following entry— “ The Scottish Police Services Authority ”.

#### The Regulation of Investigatory Powers Act 2000 (c. 23)

@@ -4477,7 +4497,7 @@

In section 76A(11) of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations: definitions) for paragraph (c) of the definition of “United Kingdom officer” there is substituted—

> (c) 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)](https://www.legislation.gov.uk/asp/2006/10);

#### The Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)

@@ -4489,29 +4509,29 @@

- (a) subsection (1) is repealed

- (b) in subsection (2), for “Scottish Crime Squad and constables seconded to it” there is substituted “Scottish Crime and Drug Enforcement Agency”

- (c) in subsection (3), for “Scottish Crime Squad” there is substituted “Scottish Crime and Drug Enforcement Agency”

- (b) in subsection (2), for “Scottish Crime Squad and constables seconded to it” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”

- (c) in subsection (3), for “Scottish Crime Squad” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”

- (d) in subsection (4)—

- (i) for “Scottish Crime Squad” there is substituted “Scottish Crime and Drug Enforcement Agency”; and

- (ii) for “constable seconded to that Squad” there is substituted “police member of that Agency”;

- (i) for “Scottish Crime Squad” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

- (ii) for “constable seconded to that Squad” there is substituted “ “police member of that Agency ”;

- (e) subsections (5) and (6) are repealed; and

- (f) the section heading becomes “**Special provision for the Scottish Crime and Drug Enforcement Agency**”.

- (f) the section heading becomes “ “**Special provision for the Scottish Crime and Drug Enforcement Agency** ”.

- (3) In section 10 (authorisation of intrusive surveillance)—

- (a) in subsection (1), after “force” there is inserted “and the Director General of the Scottish Crime and Drug Enforcement Agency”; and

- (b) in subsection (2), for “chief constable” there is substituted “person”.

- (a) in subsection (1), after “force” there is inserted “ “and the Director General of the Scottish Crime and Drug Enforcement Agency ”; and

- (b) in subsection (2), for “chief constable” there is substituted “ “person ”.

- (4) In section 11 (grant of authorisations)—

- (a) in subsection (2), at the beginning there is inserted “Subject to section 12A below,”;

- (a) in subsection (2), at the beginning there is inserted “ “Subject to section 12A below, ”;

- (b) for subsection (3) there is substituted—

@@ -4521,7 +4541,7 @@

- (c) in subsection (4)—

- (i) in paragraph (a), after “force” there is inserted “or is a police member of the Scottish Crime and Drug Enforcement Agency”; and

- (i) in paragraph (a), after “force” there is inserted “ “or is a police member of the Scottish Crime and Drug Enforcement Agency ”; and

- (ii) in paragraph (b), for “a police force,” there is substituted—

@@ -4530,17 +4550,17 @@

; and

- (d) in subsection (5), after “section” there is inserted “and section 12A below”.

- (d) in subsection (5), after “section” there is inserted “ “and section 12A below ”.

- (5) In section 12 (grant of authorisations in cases of urgency)—

- (a) in subsection (1), after “application” there is inserted “(other than an application to which section 12A below applies)”

- (b) in subsection (4), after “rank of” there is inserted “deputy chief constable or”; and

- (a) in subsection (1), after “application” there is inserted “ “(other than an application to which section 12A below applies) ”

- (b) in subsection (4), after “rank of” there is inserted “ “deputy chief constable or ”; and

- (c) in subsection (5), for the words from “assistant” to the end there is substituted—

> (a) deputy chief constable and, where there is more than one person in a police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act [1967 (c. 77)](https://www.legislation.gov.uk/ukpga/1967/77); or

> (b) assistant chief constable who is designated to act under section 5A(2) of that Act.

@@ -4556,11 +4576,11 @@

> (3) This subsection applies to a police force if—

> (a) in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, those premises are in; and

> (b) in the case of an authorisation for the carrying out of intrusive surveillance in relation to any private vehicle, the chief constable of that police is satisfied that the operation will commence in,the area of operation of that police force.

> (4) In this section “designated deputy” has the same meaning as in section 12 above.

- (7) In section 14(5)(b) (meaning of “most senior relevant person”), for the words from “member” to the end there is substituted “police member of the Scottish Crime and Drug Enforcement Agency, the Director General of that Agency.”.

> (4) In this section “*designated deputy*” has the same meaning as in section 12 above.

- (7) In section 14(5)(b) (meaning of “most senior relevant person”), for the words from “member” to the end there is substituted “ “police member of the Scottish Crime and Drug Enforcement Agency, the Director General of that Agency. ”.

- (8) In section 15(7) (persons receiving a report when authorisation is quashed), after paragraph (a) there is inserted—

@@ -4568,7 +4588,7 @@

- (9) In section 16(1) (appeals), after “force” there is inserted “or the Director General of the Scottish Crime and Drug Enforcement Agency”.

- (9) In section 16(1) (appeals), after “force” there is inserted “ “or the Director General of the Scottish Crime and Drug Enforcement Agency ”.

- (10) In section 18 (information to be provided to the Surveillance Commissioners), for paragraph (b) there is substituted—

@@ -4576,7 +4596,7 @@

- (11) In section 20(6) (meaning of “deputy” in relation to cancellations)—

- (11) In section 20(6) (meaning of “*deputy*” in relation to cancellations)—

- (a) the words from “in”, where it second occurs, to “constable”, where it second occurs, become paragraph (a); and

@@ -4586,13 +4606,13 @@

- (12) In section 23(5)(b) (conduct taking place in challengeable circumstances), after “force” there is inserted “or to the Scottish Crime and Drug Enforcement Agency”.

- (13) In section 24(2)(b) (powers and duties in relation to which codes of practice must be issued), after “force” there is inserted “or to the Scottish Crime and Drug Enforcement Agency”.

- (12) In section 23(5)(b) (conduct taking place in challengeable circumstances), after “force” there is inserted “ “or to the Scottish Crime and Drug Enforcement Agency ”.

- (13) In section 24(2)(b) (powers and duties in relation to which codes of practice must be issued), after “force” there is inserted “ “or to the Scottish Crime and Drug Enforcement Agency ”.

- (14) In section 31(1) (interpretation), after the definition of “police force” there is inserted—

> “police member”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act [2006 (asp 10)](https://www.legislation.gov.uk/asp/2006/10);

> “*police member*”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);

#### The Scottish Public Services Ombudsman Act 2002 (asp 11)

@@ -4622,7 +4642,7 @@

> (16) Action taken—

> (a) by a local authority in discharge of its functions as a police authority, or

> (b) by any other person in discharge of the functions of a local authority as a police authority, by virtue of section 56(1) of the Local Government (Scotland) Act [1973 (c. 65)](https://www.legislation.gov.uk/ukpga/1973/65).

> (b) by any other person in discharge of the functions of a local authority as a police authority, by virtue of section 56(1) of the Local Government (Scotland) Act 1973 (c. 65).

@@ -4648,11 +4668,7 @@

##### 12

In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities), there is inserted after the entry relating to Scottish Natural Heritage the following entry—

> Scottish Police Services Authority

#### The Serious Organised Crime and Police Act 2005 (c. 15)

@@ -4660,13 +4676,13 @@

- (1) The Serious Organised Crime and Police Act 2005 is modified as follows.

- (2) In section 3(5)(d) (meaning of “special police force”), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”.

- (2) In section 3(5)(d) (meaning of “special police force”), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”.

- (3) In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements)—

- (a) for subsection (5) there is substituted—

> (5) In subsection (4)(a), “constables or members of staff” in relation to the Scottish Crime and Drug Enforcement Agency means police members or support staff members of that Agency.

> (5) In subsection (4)(a), “*constables or members of staff*” in relation to the Scottish Crime and Drug Enforcement Agency means police members or support staff members of that Agency.

;

@@ -4676,45 +4692,45 @@

;

- (c) in subsection (10)(b) for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”; and

- (c) in subsection (10)(b) for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

- (d) in subsection (11)—

- (i) after the definition of “police force” there is inserted—

;

- (ii) in paragraph (f) of the definition of “relevant police authority”, for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”; and

- (ii) in paragraph (f) of the definition of “relevant police authority”, for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

- (iii) after the definition of “relevant police authority” there is inserted—

> “support staff member”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 8 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006;

- (4) In section 24(2)(b) (bodies to which section 24 applies), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”.

> “*support staff member*”, in relation to the Scottish Crime and Drug Enforcement Agency, means a person appointed as such a member in accordance with paragraph 8 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006;

- (4) In section 24(2)(b) (bodies to which section 24 applies), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”.

- (5) In section 25 (directed arrangements: Scotland)—

- (a) in subsection (2)(b), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”

- (a) in subsection (2)(b), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”

- (b) in subsection (3)(b)—

- (i) for “Director of the Scottish Drug Enforcement Agency” there is substituted “Director General of the Scottish Crime and Drug Enforcement Agency”; and

- (ii) for “constables or other persons” there is substituted “police members or support staff members”

- (c) in subsection (4), in both paragraphs (a) and (b), for “Scottish Drug Enforcement Agency” there is substituted “Scottish Crime and Drug Enforcement Agency”; and

- (i) for “Director of the Scottish Drug Enforcement Agency” there is substituted “ “Director General of the Scottish Crime and Drug Enforcement Agency ”; and

- (ii) for “constables or other persons” there is substituted “ “police members or support staff members ”

- (c) in subsection (4), in both paragraphs (a) and (b), for “Scottish Drug Enforcement Agency” there is substituted “ “Scottish Crime and Drug Enforcement Agency ”; and

- (d) after subsection (4), there is inserted—

> (5) In this section, “police member” and “support staff member” have the same meaning as in section 23.

- (6) In section 31(5)(d) (meaning of “relevant authority” in section 31), for “Scottish Drug Enforcement Agency, means” there is substituted “Scottish Crime and Drug Enforcement Agency, means the Director General of”.

> (5) In this section, “*police member*” and “*support staff member*” have the same meaning as in section 23.

- (6) In section 31(5)(d) (meaning of “relevant authority” in section 31), for “Scottish Drug Enforcement Agency, means” there is substituted “ “Scottish Crime and Drug Enforcement Agency, means the Director General of ”.

- (7) In section 42 (interpretation)—

@@ -4728,9 +4744,9 @@

- (8) In section 47 (person having powers of constable: exercise of such powers in Scotland and Northern Ireland)—

- (a) in subsection (3)(a), for “Director of the Scottish Drug Enforcement Agency” there is substituted “Director General of the Scottish Crime and Drug Enforcement Agency”

- (b) in subsection (4)(a), for “Deputy Director” there is substituted “Deputy Director General”; and

- (a) in subsection (3)(a), for “Director of the Scottish Drug Enforcement Agency” there is substituted “ “Director General of the Scottish Crime and Drug Enforcement Agency ”

- (b) in subsection (4)(a), for “Deputy Director” there is substituted “ “Deputy Director General ”; and

- (c) in subsection (7), the definition of “the Scottish Drug Enforcement Agency” and “the Director” is repealed.

@@ -4744,7 +4760,7 @@

- (a) in paragraph 20—

- (i) in sub-paragraph (1), the words “is or” are repealed and for “Scottish Drug Enforcement Agency” there is substituted “organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act [1967 (c. 77)](https://www.legislation.gov.uk/ukpga/1967/77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation’s functions”; and

- (i) in sub-paragraph (1), the words “is or” are repealed and for “Scottish Drug Enforcement Agency” there is substituted “ “organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 (c. 77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation's functions ”; and

- (ii) in sub-paragraph (2), the words “is or” are repealed; and

@@ -4762,7 +4778,7 @@

##### 14

In the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000, for “The Operational and Intelligence Group of the Scottish Drug Enforcement Agency” there is substituted “The Scottish Crime and Drug Enforcement Agency”.

#### Establishment of the Scottish Police Services Authority

@@ -4961,433 +4977,3 @@

[^c21043221]: [Sch. 6 para. 1](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/1) wholly in force at 1.4.2007; [Sch. 6 para. 1](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/1) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [Sch. 6 para. 1(1)(2)(4)(a)(5)(a)(c)(d)(8)](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/1/1/2/4/a/5/a/c/d/8) in force at 1.9.2006 by [S.S.I. 2006/432](https://www.legislation.gov.uk/ssi/2006/432), [art. 2(h)](https://www.legislation.gov.uk/ssi/2006/432/article/2/h); [Sch. 6 para. 1](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/1) in force at 1.4.2007 insofar as not already in force by [S.S.I. 2007/48](https://www.legislation.gov.uk/ssi/2007/48) {art. 3(3)} (with art. 4)

[^c21043231]: [Sch. 6 para. 5](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5) wholly in force at 1.4.2007; [Sch. 6 para. 5](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [Sch. 6 para. 5(4)(5)](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5/4/5) in force at 1.1.2007 by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); [Sch. 6 para. 5](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5) in force at 1.4.2007 insofar as not already in force by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)

#### Scottish Ministers' power to modify section 17

#### Powers and duties of local authorities

#### Minor amendments of 1982 Act

#### Increase in maximum term of imprisonment for certain offences

#### Amendment of requirements for exercise of certain powers of arrest

#### Sale of knives and articles with blade or point to young persons

#### Possession of prohibited fireworks: powers of search and arrest

#### Sex offender notification requirements

#### Information about release: power to require giving of specified information

#### Power to require giving of certain information in addition to name and address

#### Power to take fingerprints to establish identity of suspect

#### Retention of samples etc.: prosecutions for sexual and violent offences

#### Testing of arrested persons for Class A drugs

#### Assessment following positive test under section 20A of the 1995 Act

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

##### 41B

- (1) A “serious incident involving the police” which the Commissioner may investigate in pursuance of paragraph (c) of section 33A is—

- (a) a circumstance in or in consequence of which a person has died or has sustained serious injury where—

- (i) the person, at or before the time of death or serious injury, had contact (directly or indirectly) with a person serving with the police acting in the execution of that person's duties; and

- (ii) there is an indication that the contact may have caused (directly or indirectly) or contributed to the death or serious injury;

- (b) any other circumstance in or in consequence of which—

- (i) a person has otherwise sustained a serious injury at a time when the person was being detained or kept in custody by a person serving with the police; or

- (ii) a person serving with the police has used a firearm or any other weapon of such description as the Scottish Ministers may by regulations specify; or

- (c) any other circumstance involving the Authority, the Police Service or a person serving with the police as may be specified in regulations made by the Scottish Ministers.

- (2) But a matter is not a “serious incident involving the police” if it is—

- (a) a matter––

- (i) which the Commissioner is investigating in pursuance of paragraph (b)(i) of section 33A; or

- (ii) in respect of which criminal proceedings have been brought following such an investigation by the Commissioner; or

- (b) a matter which is being, or has been, investigated––

- (i) by the Commissioner in pursuance of paragraph (b)(ii) of section 33A; or

- (ii) by any other person under section 1 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14).

##### 41D

- (1) The Scottish Ministers may by regulations make such provision about investigations by the Commissioner in pursuance of paragraph (c) or (d) of section 33A as they consider appropriate.

- (2) Regulations may, in particular, make provision—

- (a) requiring the chief constable or the Authority to refer matters to the Commissioner;

- (b) about circumstances in which the Commissioner—

- (i) must, must not or need not carry out an investigation; or

- (ii) may discontinue an investigation;

- (c) about the form and procedure of an investigation;

- (d) imposing restrictions on the extent of any investigation;

- (e) setting time limits within which matters must be investigated;

- (f) requiring the chief constable, the Authority or other persons to assist and co-operate with the Commissioner when carrying out an investigation (by providing evidence, attending hearings or otherwise);

- (g) for the delegation of functions to the Commissioner.

- (3) Before making regulations under this section, the Scottish Ministers must consult—

- (a) the Commissioner;

- (b) the Authority;

- (c) the chief constable;

- (d) such persons as appear to them to be representatives of senior officers;

- (e) such persons as appear to them to be representatives of superintendents (including chief superintendents);

- (f) the joint central committee of the Police Federation for Scotland; and

- (g) such other persons as they think appropriate.

##### 33A

The Commissioner's general functions are—

- (a) to maintain, and to secure the maintenance by the Authority and the chief constable of, suitable arrangements for—

- (i) the handling of relevant complaints; and

- (ii) the examination of the handling of relevant complaints and the reconsideration of such complaints in accordance with sections 34 to 41;

- (b) where directed to do so by the appropriate prosecutor—

- (i) to investigate any circumstances in which there is an indication that a person serving with the police may have committed an offence;

- (ii) to investigate, on behalf of the relevant procurator fiscal, the circumstances of any death involving a person serving with the police which that procurator fiscal is required to investigate under section 1 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14);

- (c) where requested to do so by the Authority or the chief constable, to investigate and report on certain serious incidents involving the police (see section 41B); and

- (d) to investigate other matters relating to the Authority or the Police Service where the Commissioner considers that it would be in the public interest to do so (see section 41C).

#### Examination of manner of handling of complaint

##### 40A

- (1) The Commissioner must—

- (a) keep under review all arrangements maintained by the Commissioner, the Authority and the chief constable for the handling of relevant complaints; and

- (b) seek to secure that those arrangements—

- (i) are efficient and effective;

- (ii) contain and manifest an appropriate degree of independence; and

- (iii) are adhered to.

- (2) The Commissioner may make such recommendations, or give such advice, for the modification of—

- (a) the arrangements mentioned in subsection (1); or

- (b) the practice of the Authority or the chief constable in relation to other matters,

as appear from the carrying out of the Commissioner's other functions to be necessary or desirable.”.

### Investigations

##### 41A

The Commissioner, when carrying out an investigation in pursuance of a direction issued under paragraph (b) of section 33A, must comply with—

- (a) any lawful instruction given by the appropriate prosecutor who issued the direction; and

- (b) in the case of an investigation carried out in pursuance of a direction issued under sub-paragraph (i) of that paragraph, any instruction issued by the Lord Advocate in relation to the reporting, for consideration of the question of prosecution, of alleged offences.

##### 41C

- (1) The Commissioner may investigate any relevant police matter where the Commissioner considers that it would be in the public interest to do so.

- (2) A relevant police matter is any incident in relation to which there is an indication that the Authority, the Police Service or a person serving with the police has been involved other than—

- (a) a matter––

- (i) which the Commissioner is investigating in pursuance of paragraph (b)(i) of section 33A; or

- (ii) in respect of which criminal proceedings have been brought following such an investigation by the Commissioner;

- (b) a matter which is being, or has been, investigated––

- (i) by the Commissioner in pursuance of paragraph (b)(ii) of section 33A; or

- (ii) by any other person under section 1 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14); or

- (c) a matter which is being, or has been, investigated by the Commissioner by virtue of paragraph (c) of section 33A.

#### Reports on investigations

##### 41E

- (1) The Commissioner must prepare a report of each investigation carried out in pursuance of paragraph (c) or (d) of section 33A.

- (2) The Commissioner must––

- (a) provide a copy of a report prepared under subsection (1) to—

- (i) the person (if any) who requested the investigation;

- (ii) the Authority; and

- (iii) any other person whom the Commissioner considers appropriate; and

- (b) if the Commissioner considers it appropriate to do so, publish the report in such manner as the Commissioner considers appropriate.

- (3) Apart from identifying the Authority or the Police Service, a report must not—

- (a) mention the name of any person; or

- (b) contain any particulars which, in the Commissioner's opinion, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless the Commissioner determines that it is necessary to do so (having taken into account the public interest).

##### 41F

- (1) The Court of Session may, on a petition by the Commissioner, inquire into whether a person—

- (a) without lawful excuse, is obstructing or has obstructed the Commissioner in the carrying out of a complaint handling review or inthe carrying out of an investigation in pursuance of paragraph (c) or (d) of section 33A; or

- (b) is doing or has done any act, or is failing or has failed to take any action, in relation to such a review or investigation which, if it were a proceeding in the Court of Session, would constitute contempt of court.

- (2) After so inquiring (and, in particular, after hearing any witness who may be produced against or on behalf of the person and any statement which may be offered in defence), the Court of Session may deal with the person as if the person had committed a contempt of court in relation to the Court of Session.

##### 42A

- (1) The Commissioner must maintain suitable arrangements for the handling of any complaint made to the Commissioner expressing dissatisfaction about an act or omission by the Commissioner or by any member of the Commissioner's staff.

- (2) Before making such arrangements, the Commissioner must seek the views of others as to what those arrangements should be.

##### 46A

- (1) For the purposes of the law of defamation—

- (a) any statement made by the Commissioner or any of the Commissioner's staff—

- (i) in carrying out a complaint handling review or in carrying out an investigation in pursuance of paragraph (b), (c) or (d) of section 33A;

- (ii) in communicating with any person for the purposes of such a review or investigation;

- (iii) in a report on such a review or investigation; or

- (iv) in a report made under section 43,

has absolute privilege;

- (b) any statement made to the Commissioner or any of the Commissioner's staff in relation to an investigation carried out in pursuance of paragraph (b), (c) or (d) of section 33A has absolute privilege; and

- (c) any statement made to the Commissioner or any of the Commissioner's staff in relation to a relevant complaint or a complaint handling review is privileged unless the statement is shown to have been made with malice.

- (2) In subsection (1), “ *statement* ” has the same meaning as in the Defamation Act 1996 (c.31).

#### Allowances payable to special constables

#### Making of order on conviction of a football-related offence

#### Powers and duties of local authorities

#### Minor amendments of 1982 Act

#### Increase in maximum term of imprisonment for certain offences

#### Amendment of requirements for exercise of certain powers of arrest

#### Sale of knives and articles with blade or point to young persons

#### Possession of prohibited fireworks: powers of search and arrest

#### Sex offender notification requirements

#### Information about release: power to require giving of specified information

#### Power to require giving of certain information in addition to name and address

#### Power to take fingerprints to establish identity of suspect

#### Retention of samples etc.: prosecutions for sexual and violent offences

#### Testing of arrested persons for Class A drugs

#### Assessment following positive test under section 20A of the 1995 Act

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

### Staff officers

##### 7A

- (1) The Commissioner may make arrangements for constables of the Police Service to be appointed to serve as members of the Commissioner's staff.

- (2) The Commissioner may make arrangements for a person falling within sub-paragraph (3) to be appointed to serve as a member of the Commissioner's staff.

- (3) 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;

- (c) the City of London police force;

- (d) the Police Service of Northern Ireland;

- (e) 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);

- (f) the British Transport Police Force;

- (g) the Civil Nuclear Constabulary;

- (h) the States of Jersey Police Force;

- (i) the salaried police force of the Island of Guernsey; or

- (j) the Isle of Man Constabulary.

- (4) A constable or other person appointed under arrangements made under sub-paragraph (1) or (2) is to be appointed on such terms and conditions (including as regards remuneration, allowances and expenses) as the Commissioner determines.

- (5) The Commissioner's determination under sub-paragraph (4) may be made by reference to provision made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

- (6) A constable or other person appointed under arrangements made under sub-paragraph (1) or (2)—

- (a) has all the powers and privileges of a constable throughout Scotland; and

- (b) is subject to the direction and control of the Commissioner.

- (7) The Commissioner is liable in respect of any unlawful conduct on the part of any constable or other person appointed under arrangements made under sub-paragraph (1) or (2) in the carrying out (or purported carrying out) of that person's functions in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.

- (8) The Scottish Ministers may by order apply any provision of the Police and Fire Reform (Scotland) Act 2012 or any other enactment relating to constables (including any such provision or other enactment creating offences against or as regards constables), with such modifications as are considered appropriate, in relation to a person appointed under arrangements made under sub-paragraph (2).

### Staff involved in investigations

##### 7B

- (1) The Commissioner may designate—

- (a) any member of the Commissioner's staff appointed under paragraph 7 or 7A to take charge of any investigation on behalf of the Commissioner; and

- (b) other members of the Commissioner's staff to assist the member designated to take charge.

- (2) This sub-paragraph applies to a person who is a member of the Commissioner's staff appointed under paragraph 7 and is designated under sub-paragraph (1).

- (3) A person to whom sub-paragraph (2) applies—

- (a) has all the powers and privileges of a constable throughout Scotland; but

- (b) is not as a result of the designation to be treated as being in police service for the purposes of—

- (i) section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52); or

- (ii) section 200 of the Employment Rights Act 1996 (c.18).

- (4) The Scottish Ministers may by order apply any enactment relating to the investigation of offences by constables (subject to such modifications as they consider appropriate) in relation to investigations carried out in pursuance of paragraph (b)(i) of section 33A by a member of the Commissioner's staff designated under sub-paragraph (1).

##### 96A

- (1) This section applies to any proceedings in the Sheriff Appeal Court in relation to—

- (a) an appeal under section 175(2) to (4) of the 1995 Act; or

- (b) an appeal by way of bill of suspension or advocation.

- (2) In subsection (1) the reference to proceedings in the Sheriff Appeal Court includes consideration by an Appeal Sheriff whether to grant leave to appeal under section 180 or 187 of the 1995 Act.

- (b) must not disclose to any person whether the sentence passed by the lower court is less than it would have passed but for the assistance given by the offender.

- (4) If, in a case not falling within subsection (3), the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court becomes aware of information contained in a report mentioned in subsection (2) of section 95 or that a court in passing sentence has, under that subsection, taken that information into account, the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court must not disclose to any person the information, the existence of the report or whether the sentence passed by the lower court on the person to whom the report relates is less than the sentence it would have passed but for the assistance given by that person.

- (5) Sections 179(8), 180(10), 186(4)(b), 187(9) and 298(2B) of the 1995 Act do not apply in a case falling within subsection (3) or (4) to the extent that they require a disclosure which, if made by the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court, would contravene the subsection in question.

- (6) Subsection (5) does not, however, operate so as to prevent any disclosure to the prosecutor; but subsection (3) or, as the case may be, subsection (4) applies to the prosecutor in relation to any such disclosure as it applies to the Sheriff Appeal Court and the Clerk of the Sheriff Appeal Court in relation to a case falling within that subsection (but not so as to prevent disclosure by the prosecutor to the Sheriff Appeal Court).

- (7) Subsections (2) to (5) of section 93 apply to proceedings referred to in subsection (1) of this section as they apply to proceedings referred to in subsection (1) of that section.

##### 47A

- (1) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this Part—

- (a) ceases to apply to a complaint or investigation (if the complaint was made, or investigation was begun, before that day), or

- (b) does not apply to a complaint or investigation (if the complaint is made, or investigation is to begin, on or after that day),

insofar as the complaint or investigation relates to conduct forming part of the Troubles.

- (2) In this section “*conduct forming part of the Troubles*” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).

#### Establishment of the Scottish Police Services Authority

#### The Police Investigations and Review Commissioner

#### Examination of manner of handling of complaint

#### Reports on investigations

#### Provision of information to the Commissioner

### Advisory board

#### Advisory board

##### 46B

- (1) The Commissioner must establish and maintain an advisory board (“*the Board*”).

- (2) The purpose of the Board is to advise the Commissioner about matters relating to the governance and administration of the office of Commissioner.

- (3) The members of the Board are to be individuals appointed by the Scottish Ministers.

- (4) A decision to appoint a member to the Board or to terminate a membership of the Board is to be made independently of the Commissioner.

- (5) The Commissioner may pay to members of the Board such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Scottish Ministers, determines.

- (6) The procedure of the Board is to be such as the Commissioner determines.

#### Complaint or investigation relating to Northern Ireland Troubles

#### Powers and duties of local authorities

#### Minor amendments of 1982 Act

#### Increase in maximum term of imprisonment for certain offences

#### Amendment of requirements for exercise of certain powers of arrest

#### Sale of knives and articles with blade or point to young persons

#### Possession of prohibited fireworks: powers of search and arrest

#### Sex offender notification requirements

#### Information about release: power to require giving of specified information

#### Power to take fingerprints to establish identity of suspect

#### Retention of samples etc.: prosecutions for sexual and violent offences

#### Testing of arrested persons for Class A drugs

#### Assessment following positive test under section 20A of the 1995 Act

2006-07-04

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

original version Text at this date