LegalizeReform history
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
2024-05-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
Changes on 2024-05-01
@@ -3682,42 +3682,9 @@
.
- (3) In section 61 (Police Negotiating Board for the United Kingdom), in subsection (1), after paragraph (c) there is inserted—
> (ca) the Scottish Police Services Authority,
> (cb) constables seconded to that Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,
> (cc) persons seconded to that Authority under paragraph 10(3) of schedule 1 to that Act but not appointed as mentioned in paragraph (cb),
> (cd) persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act,
.
- (4) In section 62 (functions of the Board with respect to regulations)—
- (a) in subsection (1A)—
- (i) the words “regulations under section 26 or 27 of the Police (Scotland) Act 1967 (other than regulations relating to special constables)” become paragraph (a) of the subsection;
- (ii) after that paragraph there is inserted—
> (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
- (b) after that subsection there is inserted—
> (1AA) Before determining the terms and conditions on which an appointment mentioned in subsection (1AB) below is made, the Scottish Police Services Authority shall—
> (a) consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and(b)take into consideration any recommendation made by the Board.
> (1AB) Those appointments are—
> (a) the appointment of a constable seconded as a member of the staff of the Authority under paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006,
> (b) the appointment of a person seconded as member of staff of the Authority under paragraph 10(3) of schedule 1 to that Act, and
> (c) the appointment of a person as a police member of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 7 of schedule 2 to that Act.
> (1AC) Before determining the terms and conditions on which the Director General or the Deputy Director General of the Scottish Crime and Drug Enforcement Agency is to be appointed, the Scottish Ministers shall—
> (a) consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and
> (b) take into consideration any recommendation made by the Board.
; and
- (c) in subsection (2), after “above” there is inserted “ “, or for the purposes of subsection (1AA) or (1AC) above, ”.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In section 63 (Police Advisory Boards for England and Wales and for Scotland), after subsection (1) there is inserted—
@@ -4074,7 +4041,7 @@
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
#### Duty to establish and maintain the Agency
#### Strategic priorities of the Authority
@@ -4440,9 +4407,13 @@
[^key-a2d74d2a04cdd6d275b32344219292f8]: Words in s. 41C(2)(b)(ii) substituted (15.6.2017) by [Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2)](https://www.legislation.gov.uk/asp/2016/2), [s. 42(2)](https://www.legislation.gov.uk/asp/2016/2/section/42/2), [sch. 2 para. 11(4)](https://www.legislation.gov.uk/asp/2016/2/schedule/2/paragraph/11/4); [S.S.I. 2017/155](https://www.legislation.gov.uk/ssi/2017/155), [reg. 2](https://www.legislation.gov.uk/ssi/2017/155/regulation/2) (with [regs. 4(2)](https://www.legislation.gov.uk/ssi/2017/155/regulation/4/2) [5](https://www.legislation.gov.uk/ssi/2017/155/regulation/5))
#### General functions of the Commissioner
#### Power of Commissioner to issue guidance
[^key-7c868863bc33c6e64ea2a30bb9b15116]: [Sch. 6 para. 5(3)](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5/3)[(4)](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5/4) repealed (17.8.2023) by [Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)](https://www.legislation.gov.uk/ukpga/2014/12), [s. 185(1)](https://www.legislation.gov.uk/ukpga/2014/12/section/185/1), [Sch. 11 para. 102](https://www.legislation.gov.uk/ukpga/2014/12/schedule/11/paragraph/102) (with [ss. 21](https://www.legislation.gov.uk/ukpga/2014/12/section/21), [33](https://www.legislation.gov.uk/ukpga/2014/12/section/33), [42](https://www.legislation.gov.uk/ukpga/2014/12/section/42), [58](https://www.legislation.gov.uk/ukpga/2014/12/section/58), [75](https://www.legislation.gov.uk/ukpga/2014/12/section/75), [93](https://www.legislation.gov.uk/ukpga/2014/12/section/93)); [S.I. 2023/829](https://www.legislation.gov.uk/uksi/2023/829), [art. 2(d)(vi)](https://www.legislation.gov.uk/uksi/2023/829/article/2/d/vi)
[^key-0d9bbe9a103928abd66507456c84e9f6]: [S. 47A](https://www.legislation.gov.uk/asp/2006/10/section/47A) inserted (1.5.2024) by [Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41)](https://www.legislation.gov.uk/ukpga/2023/41), [ss. 45(3)](https://www.legislation.gov.uk/ukpga/2023/41/section/45/3), [63(3)](https://www.legislation.gov.uk/ukpga/2023/41/section/63/3) (with [s. 61](https://www.legislation.gov.uk/ukpga/2023/41/section/61))
#### The Police Investigations and Review Commissioner
#### Provision of information to the Commissioner
#### Minor amendments of 1982 Act
@@ -4562,7 +4533,7 @@
- (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).
#### Duty of Commissioner not to proceed with certain complaint handling reviews
#### Examination of manner of handling of complaint
##### 40A
@@ -4616,7 +4587,7 @@
- (c) a matter which is being, or has been, investigated by the Commissioner by virtue of paragraph (c) of section 33A.
#### Investigations: obstruction and contempt
#### Reports on investigations
##### 41E
@@ -4680,9 +4651,9 @@
- (2) In subsection (1), “ *statement* ” has the same meaning as in the Defamation Act 1996 (c.31).
#### Appointments of assistant inspectors of constabulary and staff officers
#### Making of order on application to the sheriff
#### Complaint or investigation relating to Northern Ireland Troubles
#### Making of order on conviction of a football-related offence
#### Powers and duties of local authorities
@@ -4694,11 +4665,11 @@
#### Sale of knives and articles with blade or point to young persons
#### Powers to take data and samples from persons subject to notification requirements
#### Possession of prohibited fireworks: powers of search and arrest
#### Sex offender notification requirements
#### Police powers of entry to and examination of relevant offender's home address
#### Information about release: power to require giving of specified information
#### Power to require giving of certain information in addition to name and address
@@ -4708,9 +4679,9 @@
#### Testing of arrested persons for Class A drugs
#### Requirements under section 85: supplementary
#### Equal opportunities
#### 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
@@ -4803,3 +4774,15 @@
- (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).
2017-06-15
Police, Public Order and Criminal Justice (Scotland) Act 2006
2015-09-22
Police, Public Order and Criminal Justice (Scotland) Act 2006
2013-07-09
Police, Public Order and Criminal Justice (Scotland) Act 2006
2013-04-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2013-02-15
Police, Public Order and Criminal Justice (Scotland) Act 2006
2012-10-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2011-10-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2009-10-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2008-04-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2008-01-11
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-06-12
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-04-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-03-31
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-03-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-02-25
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-01-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2006-09-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2006-07-04
Police, Public Order and Criminal Justice (Scotland) Act 2006 — vers
original version
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