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
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
Changes on 2013-04-01
@@ -10,1809 +10,1207 @@
##### 1
- (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.
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#### Duty to establish and maintain the Agency
##### 2
- (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—
- (a) preventing and detecting serious organised crime;
- (b) contributing to the reduction of such crime in other ways and to the mitigation of its consequences; and
- (c) gathering, storing and analysing information relevant to—
- (i) the prevention, detection, investigation or prosecution of offences; or
- (ii) the reduction of crime in other ways or the mitigation of its consequences.
- (3) The Agency may disseminate such information to—
- (a) police forces;
- (b) police forces maintained under section 2 of the Police Act 1996 (c. 16);
- (c) the metropolitan police force;
- (d) the City of London police force;
- (e) the Police Service of Northern Ireland;
- (f) the States of Jersey Police Force;
- (g) the salaried police force of the Island of Guernsey;
- (h) the Isle of Man Constabulary;
- (i) the Ministry of Defence Police;
- (j) the British Transport Police Force;
- (k) the Civil Nuclear Constabulary;
- (l) the Commissioners for Her Majesty's Revenue and Customs and any other government department;
- (m) the Serious Organised Crime Agency;
- (n) the Scottish Administration;
- (o) any other person who is charged with the duty of investigating offences or charging offenders;
- (p) any other person who is engaged outwith the United Kingdom in the carrying on of activities similar to any carried on by the Agency or a police force.
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#### Duty to provide the police support services
##### 3
- (1) The Authority must provide the police support services.
- (2) The police support services are—
- (a) the development, provision, procurement and delivery of training and education to—
- (i) police forces; and
- (ii) such other persons or organisations as the Authority thinks fit;
- (b) the development, provision, procurement, maintenance, management, support and oversight, as appropriate, of—
- (i) national data systems;
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- (iii) records;
- (c) the development, provision and maintenance of a national system for the collection, identification and verification of—
- (i) such physical data, samples, and other things; and
- (ii) such information derived from those data, samples and other things,
as are, or may be, used to identify a person;
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#### Strategic priorities of the Authority
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#### Objectives of the Authority
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#### Annual plans of the Authority
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#### Annual reports of the Authority
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#### Provision of information to the Scottish Ministers
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#### Liability for wrongful acts of certain persons seconded to the Authority
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#### Grants
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#### Charges by the Authority and other receipts
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### The Scottish Crime and Drug Enforcement Agency
#### Members of the Agency
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#### Strategic priorities of the Agency
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#### Annual plans of the Agency
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#### Annual reports of the Agency
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#### General functions of Director General of the Agency
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#### Powers of the Agency
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#### Scottish Ministers' power to modify section 17
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#### Disclosure of information by the Agency
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#### Disclosure of information to the Agency
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#### Direction by Director General of the Agency
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#### Liability for wrongful acts of police members of the Agency
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#### Regulations relating to the Agency
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### The police support services
#### The police support services: modification by order
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#### Use of the police support services
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### Inspections
#### Inspections of the Authority’s services and the Agency
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#### Inspections of the Authority at request of the Scottish Ministers
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#### Reports on inspections: powers of the Scottish Ministers
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#### Revision of inadequate action plan
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### Miscellaneous and general
#### Directions
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#### Transfer of staff, property etc.
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#### Interpretation of Chapter 1
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### Chapter 2 — Complaints and misconduct
### The Police Investigations and Review Commissioner
#### The Police Complaints Commissioner for Scotland
##### 33
- (1) There is to be an officer known as the Police Investigations and Review Commissioner (“*the Commissioner*”).
- (2) The Commissioner is to be an individual appointed by the Scottish Ministers.
- (3) Schedule 4 (which makes further provision about the Commissioner) has effect.
### Supervision of complaints
#### “Relevant complaint” and “person serving with the police”
##### 34
- (1) In this Chapter, “*relevant complaint*” means a complaint which is made, 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 statement (whether oral, written or electronic) expressing dissatisfaction about an act or omission—
- (a) by the Authority;
- (b) by the Police Service; or
- (f) by a person who, at the time of the act or omission, was a person serving with the police.
- (2A) A “complaint” may relate to—
- (a) any action taken, or failed to be taken, by or on behalf of the subject of the complaint;
- (b) the standard of any service which the subject of the complaint has provided or failed to provide.
- (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).
- (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).
- (6) The persons referred to in subsection (1) are—
- (a) a member of the public who claims to be the person in relation to whom the act or omission took place;
- (b) a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;
- (c) a member of the public who claims to have witnessed the act or omission;
- (d) a person acting on behalf of a person falling within any of paragraphs (a) to (c).
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Examination of manner of handling of complaint
##### 35
- (1) The Commissioner may, at the request of —
- (a) the person who made the complaint (“the complainer”); or
- (b) the appropriate authority in relation to the complaint,
examine the manner in which a relevant complaint has been dealt with (such an examination being a “complaint handling review”).
- (2) The Commissioner may carry out a complaint handling review under subsection (1)(b) only if satisfied that the appropriate authority in relation to the complaint has taken reasonable steps to deal with the complaint.
- (3) On completion of a complaint handling review, the Commissioner must—
- (a) inform the persons mentioned in subsection (4) about—
- (i) the conclusions the Commissioner has drawn from the complaint handling review and the reasons for them;
- (ii) what action (if any) the Commissioner proposes to take in consequence of those conclusions;
- (b) draw up a report of the complaint handling review and the conclusions, reasons and proposed action referred to in paragraph (a) and send it to the appropriate authority in relation to the complaint; and
- (c) if the Commissioner considers it appropriate to do so, publish the report drawn up under paragraph (b) in such manner as the Commissioner considers appropriate.
- (4) Those persons are—
- (a) the complainer; and
- (b) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.
- (5) The duties imposed by subsection (3)(a) are subject to such exceptions as may be prescribed by regulations made by the Scottish Ministers; but they are to make regulations under this subsection only to the extent that they consider it necessary for the purpose of any of the following—
- (a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings or prospective criminal proceedings;
- (b) preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
- (i) is in the interests of national security;
- (ii) is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders;
- (iii) is justified on proportionality grounds; or
- (iv) is otherwise necessary in the public interest.
- (6) The non-disclosure of information is justified on proportionality grounds only if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.
- (7) If, having completed a complaint handling review, the Commissioner is of the opinion that the complaint should be reconsidered, the Commissioner may give a direction requiring the reconsideration of the complaint (a “reconsideration direction”).
- (8) A reconsideration direction may be given—
- (a) to the appropriate authority in relation to the complaint; or
- (b) if the Commissioner thinks it more appropriate to do so, to the Authority where the appropriate authority is the chief constable,
(the person to whom the direction is given being “the reconsidering authority”).
- (9) A reconsideration direction given under subsection (8)(b) must be accompanied by a copy of the report sent to the appropriate authority in relation to the complaint under subsection (3)(b).
- (10) A reconsideration direction may be given as respects so much of the complaint as has been, or is, the subject of procedures made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) for dealing with constables whose standard of behaviour or performance is unsatisfactory only in so far as it relates to the extent of compliance with the procedures established by virtue of that provision.
- (11) A reconsideration direction may (either or both)—
- (a) instruct that the reconsideration of the complaint is to have regard to such further information as may have become available (whether or not as a result of the complaint handling review) after the complaint was dealt with;
- (b) contain a requirement that reconsideration of the complaint is to take place under the supervision of the Commissioner (a “supervision requirement”).
- (12) In deciding whether a reconsideration direction should contain a supervision requirement, the Commissioner must have regard to—
- (a) the seriousness of the case; and
- (b) the public interest.
- (13) The Commissioner may at any time issue a direction varying a reconsideration direction by inserting or, as the case may be, deleting a supervision requirement.
- (14) Where a reconsideration direction is varied under subsection (13), the Commissioner may give—
- (a) the reconsidering authority; or
- (b) any person previously appointed to carry out the reconsideration,
such directions as the Commissioner considers appropriate for the purpose of giving effect to the variation.
#### Duty of Commissioner not to proceed with certain complaint handling reviews
##### 36
- (1) If it appears to the Commissioner (whether on an application by the appropriate authority in relation to the complaint or otherwise) that a complaint handling review is or would, if it took place, be one to which subsection (1A) or (2) applies, the Commissioner must discontinue or, as the case may be, not proceed with the review.
- (1A) This subsection applies to a complaint handling review if—
- (a) it relates or, if it took place, would relate to a relevant complaint in respect of which the appropriate authority in relation to the complaint—
- (i) has concluded its consideration of the complaint; and
- (ii) has communicated its findings to the complainer;
- (b) a period of 3 months or longer has elapsed between the date on which those findings were so communicated and the date on which the Commissioner was requested to carry out the complaint handling review; and
- (c) the Commissioner is not satisfied that there are exceptional circumstances which justified the delay in requesting the review.
- (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.
- (4) Where a complaint handling review is, under this section, discontinued or not proceeded with—
- (a) the Commissioner must notify the appropriate authority in relation to the complaint and the persons mentioned in section 35(4) of that fact;
- (b) the Commissioner may give the appropriate authority in relation to the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;
- (c) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the complaint handling review or the fact that it is not to take place; and
- (d) subject to paragraphs (b) and (c), the Commissioner is to take no further action in accordance with this Chapter in relation to the review or the complaint to which it relates.
#### Appointment of person to reconsider complaint
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- (1) The reconsidering authority must appoint a person to reconsider the complaint to which the reconsideration direction relates.
- (2) But where the reconsideration direction contains a supervision requirement, the reconsidering authority must not appoint a person unless the Commissioner has given notice to the authority that the Commissioner approves the person whom the authority proposes to appoint.
- (3) Where the reconsidering authority is the appropriate authority in relation to the complaint, the person appointed must be one who was not previously involved in the consideration of the complaint.
- (4) Where the reconsideration of a complaint is subject to a supervision requirement, the person appointed under this section to reconsider the complaint must comply with all such requirements in relation to the carrying out of that reconsideration as may be imposed by the Commissioner in relation to that reconsideration.
#### Reconsideration of complaint: duties to keep persons informed
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- (1) This section applies where there is a reconsideration of a complaint in accordance with section 35.
- (2) The reconsidering authority or, where the reconsideration of a complaint is subject to a supervision requirement, the Commissioner must provide the persons mentioned in subsection (3) with all such information as will keep those persons properly informed, while the reconsideration is being carried out and subsequently, of—
- (a) the action (if any) which is taken in respect of the matters dealt with in any report under section 40; and
- (b) the outcome of any such action.
- (3) Those persons are—
- (a) the complainer;
- (b) the appropriate authority in relation to the complaint (except where that authority is the reconsidering authority); and
- (c) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.
- (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.
#### Power of Commissioner to discontinue reconsideration
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- (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.
- (3) Where the reconsideration of a complaint is discontinued in accordance with this section—
- (a) the Commissioner must notify the persons mentioned in section 38(3) of that fact;
- (b) the Commissioner must give a copy of the order requiring the discontinuance to the reconsidering authority and the person appointed to reconsider the complaint;
- (c) the Commissioner may give the reconsidering authority or the person appointed to reconsider the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;
- (d) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the reconsideration; and
- (e) subject to paragraphs (c) and (d), the reconsidering authority, the person appointed to reconsider the complaint and the Commissioner are to take no further action in accordance with this Chapter in relation to that complaint.
#### Final reports on reconsideration
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- (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
- (b) send a copy of the report to—
- (i) the reconsidering authority; and
- (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
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- (1) For the purposes of sections 34 to 40, the appropriate authority in relation to a complaint is—
- (a) the Authority in cases where the complaint is about an act or omission by—
- (i) the Authority;
- (ii) a senior officer of the Police Service; or
- (iii) a member of the Authority's staff; and
- (b) the chief constable in cases where the complaint is about an act or omission by—
- (i) the Police Service;
- (ii) a constable of the Police Service who is not a senior officer; or
- (iii) a member of the police staff.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Other functions
#### General functions of the Commissioner
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#### Reports to the Scottish Ministers
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- (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
- (b) are matters which the Commissioner considers should be drawn to their attention by reason of their gravity or of other exceptional circumstances.
- (4) The Commissioner must prepare such reports containing advice and recommendations as the Commissioner considers appropriate for the purpose of carrying out the function under section 40A(2).
- (5) The Scottish Ministers must lay before the Parliament and arrange publication of—
- (a) every annual report under subsection (1) received by them; and
- (b) every other report under this section received by them (but only if and to the extent that the Scottish Ministers consider it appropriate to do so).
- (6) The Commissioner must—
- (a) send copies of every annual report under subsection (1) to the Authority, the chief constable and the inspectors of constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ;
- (b) send copies of every report under subsection (4) to the Authority, the chief constable and the Scottish Ministers.
- (7) The Commissioner may send a copy of any report made under this section to any person the Commissioner thinks fit.
- (8) Nothing in this section requires or authorises the Commissioner to report on the carrying out of a particular investigation carried out on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A.
#### Provision of information to the Commissioner
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- (1) The Authority and the chief constable must, at such times, in such circumstances and in accordance with such requirements as may be set out in regulations made by the Scottish Ministers, provide the Commissioner with all such information and documents as may be specified or described in regulations so made.
- (2) The Authority and the chief constable must—
- (a) provide the Commissioner with all such other information and documents specified or described in a notification given by the Commissioner to the Authority or, as the case may be, the chief constable; and
- (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.
- (3) Anything falling to be provided or produced by the Authority or the chief constable 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—
- (a) the notification imposing the requirement; or
- (b) in any subsequent notification given by the Commissioner to that person for the purposes of this subsection.
- (4) Nothing in this section requires the Authority or the chief constable to provide the Commissioner with any information or document, or to produce any other thing, before the earliest time at which it is practicable for the Authority or, as the case may be, the chief constable to do so.
- (5) A requirement imposed by any notification or regulations under this section may authorise or require information or documents to which it relates to be provided to the Commissioner electronically.
#### Power of Commissioner to issue guidance
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- (1) The Commissioner may issue guidance—
- (a) to the Authority or the chief constable;
- (b) to persons appointed to reconsider complaints,
about the carrying out by the persons to whom the guidance is issued of any of the functions conferred on them by virtue of this Chapter.
- (2) Before issuing any guidance under this section, the Commissioner must consult—
- (a) the Authority and the chief constable;
- (b) such other persons as the Commissioner thinks fit.
- (3) A person to whom guidance is issued under subsection (1) must have regard to that guidance in carrying out the functions to which the guidance relates.
- (4) The power conferred by subsection (1) to issue guidance includes power to vary or revoke any such guidance.
#### Disclosure of information by and to the Commissioner
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- (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.
- (2) Information disclosed by the Commissioner under this section to any body or office-holder must not be further disclosed except—
- (a) for a purpose connected with any function of that body or office-holder; and
- (b) with the consent of the Commissioner.
- (3) Consent under subsection (2) may be given—
- (a) in relation to a particular disclosure; or
- (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.
- (5) A disclosure under this section does not breach—
- (a) any obligation of confidence owed by the person making the disclosure; or
- (b) any other restriction on the disclosure of information (however imposed).
- (6) Nothing in this section requires or authorises the disclosure of any information relating to a particular investigation carried out by the Commissioner on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A (unless the appropriate prosecutor consents to such disclosure).
### Supplementary
#### Interpretation of Chapter 2
##### 47
In this Chapter—
- “ *appropriate prosecutor* ” means the Lord Advocate or procurator fiscal;
- “ *the Authority* ” means the Scottish Police Authority;
- “ *chief constable* ” means the chief constable of the Police Service;
- “ *the Commissioner* ” means the Police Investigations and Review Commissioner;
- “ *constable* ” means a constable of the Police Service;
- “ *financial year* ” means each yearly period ending with 31 March;
- “ *firearm* ” has the meaning given by section 57(1) of the Firearms Act 1968 (c.27);
- “ *member of the Authority's staff* ” and “ *member of the police staff* ” have the same meanings as in the Police and Fire Reform (Scotland) Act 2012 (asp 8);
- “ *person serving with the police* ” means— a constable of the Police Service;a member of the police staff; ora member of the Authority's staff;
- “ *Police Service* ” means the Police Service of Scotland;
- “ *relevant complaint* ” has the meaning given by section 34;
- “ *senior officer* ” has the same meaning as in the Police and Fire Reform (Scotland) Act 2012.
### Chapter 3 — Other provisions
#### Allowances payable to special constables
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#### Appointments of assistant inspectors of constabulary and staff officers
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#### Constables engaged on service outside their force
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## Part 2 — Public order etc.
### Chapter 1 — Football banning orders
### Making and content of orders
#### Making of order on conviction of a football-related offence
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- (1) This section applies where—
- (a) a person is convicted of an offence; and
- (b) the person was aged 16 or over at the time the offence was committed.
- (2) Instead of or in addition to any sentence which it could impose, the court which deals with the person in respect of the offence may, if satisfied as to the matters mentioned in subsection (3), make a football banning order against the person.
- (3) Those matters are—
- (a) that the offence was one to which subsection (4) applies; and
- (b) that there are reasonable grounds to believe that making the football banning order would help to prevent violence or disorder at or in connection with any football matches.
- (4) This subsection applies to an offence if—
- (a) the offence involved the person who committed it engaging in violence or disorder; and
- (b) the offence related to a football match.
- (5) Where the court does not make a football banning order, but is nevertheless satisfied that the offence was one to which subsection (4) applies, it may declare that to be the case.
- (6) For the purpose of subsection (4)(b), an offence relates to a football match if it is committed—
- (a) at a football match or while the person committing it is entering or leaving (or trying to enter or leave) the ground;
- (b) on a journey to or from a football match; or
- (c) otherwise, where it appears to the court from all the circumstances that the offence is motivated (wholly or partly) by a football match.
- (7) The references in subsection (6)(a) and (b) to a football match include a reference to any place (other than domestic premises) at which a football match is being televised; and, in the case of such a place, the reference in subsection (6)(a) to the ground is to be taken to be a reference to that place.
- (8) For the purpose of subsection (6)(b)—
- (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).
- (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.
#### Making of order on application to the sheriff
##### 52
- (1) The chief constable of the Police Service of Scotland may apply for a football banning order against any person—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) An application under subsection (1) may be made to any sheriff—
- (a) in whose sheriffdom the person against whom the order is sought resides;
- (b) in whose sheriffdom that person is believed by the applicant to be; or
- (c) to whose sheriffdom that person is believed by the applicant to be intending to come.
- (3) An application under subsection (1) is to be made by summary application.
- (4) A sheriff may make a football banning order if satisfied that—
- (a) the person against whom the order is sought has at any time contributed to any violence or disorder in the United Kingdom or elsewhere; and
- (b) there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with any football matches.
- (5) Subsections (6) and (8) apply where a sheriff is determining whether to make a football banning order against a person.
- (6) The sheriff may take into account the matters mentioned in subsection (7) (amongst others), so far as considering it appropriate to do so.
- (7) Those matters are—
- (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.
- (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).
- (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.
#### Content of order
##### 53
- (1) A football banning order is an order which—
- (a) prohibits the person against whom it is made from entering any premises for the purposes of attending any regulated football matches in the United Kingdom; and
- (b) requires the person against whom it is made to report at a police station in accordance with this Chapter, in connection with regulated football matches outside the United Kingdom.
- (2) A football banning order must require the person against whom it is made—
- (a) to report initially at a police station . . . specified in the order within 5 days beginning with the day on which the order is made; and
- (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.
- (5) Such requirements may include prohibiting the person from entering any premises (including premises to be entered for the purposes of attending football matches which are not regulated football matches).
- (6) A football banning order must specify the period for which it is to have effect.
- (7) That period is not to exceed—
- (a) 10 years, in the case of an order made under section 51 made in addition to a sentence of imprisonment;
- (b) 5 years, in the case of an order made under section 51 other than one mentioned in paragraph (a);
- (c) 3 years, in the case of an order made under section 52.
#### Section 53: supplementary
##### 54
- (1) Schedule 5, which specifies the relevant events referred to in section 53(2)(b) and defines the prescribed information in relation to each such event, has effect.
- (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.
#### “Football matches” and “regulated football matches”
##### 55
- (1) In this Chapter, references to football matches—
- (a) are to association football matches; and
- (b) are to matches played or intended to be played.
- (2) For the purposes of this Chapter, the following are regulated football matches—
- (a) football matches within subsection (3); and
- (b) such other football matches, anywhere in the world, as may be prescribed by order made by the Scottish Ministers.
- (3) The football matches within this subsection are—
- (a) football matches anywhere in the United Kingdom where one or both of the participating teams—
- (i) represents a country or territory;
- (ii) represents a club which is for the time being a member of the Scottish Premier League or the Scottish Football League;
- (iii) represents a club which is for the time being a member (whether a full or associate member) of the Football League, the Football Association Premier League, the Football Conference or the League of Wales;
- (aa) football matches anywhere in the United Kingdom, not falling within paragraph (a)–
- (i) which are part of a competition or tournament organised by, or under the authority of, the Federation Internationale de Football Associations (“FIFA”) or the Union of European Football Associations (“UEFA”); and
- (ii) where one or both of the participating teams represents a club which is for the time being a member (whether a full or associate member) of, or affiliated to, a national football association which is a member of FIFA;
- (b) football matches outside the United Kingdom involving—
- (i) a national team appointed to represent Scotland, England or Wales by, respectively, the Scottish Football Association, the Football Association or the Football Association of Wales;
- (ii) a team representing a club mentioned in paragraph (a)(ii) or (iii).
- (4) The Scottish Ministers may by order modify subsection (3) so as to—
- (a) add a description of football matches, anywhere in the world;
- (b) remove such a description;
- (c) amend such a description.
#### “Violence” and “disorder”
##### 56
- (1) This section applies for the purposes of this Chapter.
- (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—
- (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;
- (b) using threatening, abusive or insulting words or behaviour or disorderly behaviour;
- (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.
- (5) The things referred to in subsection (3)(a) are—
- (a) colour;
- (b) race;
- (c) nationality (including citizenship);
- (d) ethnic or national origins;
- (e) membership of a religious group or of a social or cultural group with a perceived religious affiliation;
- (f) sexual orientation;
- (g) transgender identity;
- (h) disability.
- (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);
- “*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
#### Variation of certain requirements of order
##### 57
- (1) The appropriate court may, on the application of a person mentioned in subsection (3), make an order varying a football banning order by—
- (a) subject to subsection (2), omitting or imposing a requirement such as is mentioned in section 53(3);
- (b) imposing, replacing or omitting a requirement such as is mentioned in section 53(4).
- (2) An order may not be varied so as to omit a requirement such as is mentioned in section 53(3) unless it appears to the court that there are exceptional circumstances.
- (3) The persons referred to in subsection (1) are—
- (a) the person subject to the order;
- (b) the chief constable of the Police Service of Scotland;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) the development and maintenance of a strategy for the acquisition and use of information and communications technology systems by police forces; . . .
- (f) the development and provision of a national forensic science service; and
- (g) the development, provision, procurement, maintenance, management, support and oversight, as appropriate, of information and communications technology systems and equipment for–
- (i) police forces; and
- (ii) such other persons or organisations as the Authority thinks fit.
- (3) The Authority may—
- (a) establish and maintain institutions and organisations in connection with the provision of the police support services;
- (b) do anything which is incidental or ancillary to providing the police support services.
- (4) The Authority, or any institution or organisation established by virtue of subsection (3)(a), may provide the police support service mentioned in subsection (2)(a) in conjunction with another person.
- (5) The Authority must carry out its functions under this section in a way calculated to promote the efficiency and effectiveness of the police.
- (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 and communications technology systems*” means systems which utilise a computer, telecommunications, wireless telegraphy, radio or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Strategic priorities of the Authority
##### 4
- (1) The Scottish Ministers may determine strategic priorities in relation to the carrying out of the functions of the Authority.
- (2) Before making a determination under subsection (1) the Scottish Ministers must consult—
- (a) the Authority;
- (b) the Director General of the Agency;
- (c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
- (d) persons whom the Scottish Ministers consider represent the interests of police bodies.
- (3) The Scottish Ministers must arrange for any determination under subsection (1) to be published in such manner as they consider appropriate.
#### Objectives of the Authority
##### 5
- (1) The Authority must from time to time determine its objectives.
- (2) The Authority—
- (a) must keep its objectives under review; and
- (b) may modify them.
- (3) The Authority's objectives must be consistent with any strategic priorities determined under section 4.
#### Annual plans of the Authority
##### 6
- (1) At least 3 months before the beginning of each financial year, the Authority must—
- (a) prepare; and
- (b) submit to the Scottish Ministers,
a plan setting out the proposed arrangements for the carrying out by the Authority of its functions during the year (the “annual plan”).
- (2) The annual plan must specify—
- (a) any strategic priorities determined under section 4(1);
- (b) the objectives determined under section 5 for the financial year to which the plan relates;
- (c) any directions such as are mentioned in section 30(1);
- (d) the funding expected to be available to the Authority for the financial year to which the plan relates; and
- (e) how the Authority proposes to allocate the funding.
- (3) The annual plan must state, in relation to each objective included in the plan by virtue of subsection (2)(b), how the Authority proposes to meet the objective.
- (4) In preparing the annual plan, the Authority must consult—
- (a) persons whom the Authority considers represent the interests of chief constables of police forces;
- (b) persons whom the Authority considers represent the interests of police bodies; and
- (c) such other persons as the Authority considers appropriate.
- (5) The Scottish Ministers must, no later than 2 months from the date on which the annual plan is submitted to them—
- (a) approve the plan as submitted; or
- (b) approve the plan subject to such modifications as they consider appropriate.
- (6) On the annual plan being approved by the Scottish Ministers, the Authority must—
- (a) publish it in such manner as the Authority considers appropriate; and
- (b) send a copy of it to the persons specified in subsection (7).
- (7) Those persons are—
- (a) chief constables of police forces;
- (b) police bodies; and
- (c) such other persons as the Authority considers appropriate.
#### Annual reports of the Authority
##### 7
- (1) As soon as practicable after the end of each financial year, the Authority must—
- (a) prepare; and
- (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”).
- (2) The annual report must include an assessment of the extent to which the annual plan has been implemented.
- (3) If after publication of the annual plan the Authority modifies, by virtue of subsection (2) of section 5, the objectives determined under that section, the Authority must include in the annual report—
- (a) a statement of the modified objectives; and
- (b) an assessment of the extent to which those modified objectives have been implemented.
- (4) The Authority must send a copy of the annual report to the Scottish Ministers and to each of the persons mentioned in section 6(7)(a) to (c).
- (5) The Scottish Ministers must lay a copy of any report sent to them by virtue of subsection (4) before the Scottish Parliament.
- (6) In this section, references, in relation to the annual report, to the annual plan are to the annual plan published by virtue of section 6 for the year to which the annual report relates.
#### Provision of information to the Scottish Ministers
##### 8
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.
- (2) This subsection applies to any—
- (a) constable to whom by virtue of sub-paragraph (5) of paragraph 10 of schedule 1, sub-paragraph (6) of that paragraph applies;
- (b) person to whom by virtue of sub-paragraph (7) of that paragraph of that schedule, sub-paragraph (8) of that paragraph applies.
#### Grants
##### 10
- (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.
- (4) The Scottish Ministers may not impose terms and conditions under subsection (3) which would, or might, affect—
- (a) particular operations being, or to be, carried out by the Agency; or
- (b) the way in which such operations are being, or are to be, carried out.
- (5) Terms or conditions under subsection (3) may, in particular, relate to—
- (a) the purposes for which the grant, or a specified amount, or proportion, of the grant, is to be used;
- (b) recovery of overpayments of grant;
- (c) recovery of sums equivalent to grant used otherwise than in accordance with—
- (i) subsection (2); or
- (ii) terms or conditions imposed under subsection (3).
- (6) The Authority may, subject to subsection (2) and any terms and conditions imposed under subsection (3), use the grant in such manner as it considers appropriate for the purposes of—
- (a) providing the police support services under subsection (1) of section 3;
- (b) establishing and maintaining institutions and organisations in connection with the provision of the police support services under subsection (3)(a) of that section; and
- (c) doing anything which is incidental or ancillary to providing the police support services.
- (7) Before making a grant under subsection (1) the Scottish Ministers must consult—
- (a) the Authority;
- (b) the Director General of the Agency;
- (c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
- (d) persons whom the Scottish Ministers consider represent the interests of police bodies.
#### Charges by the Authority and other receipts
##### 11
- (1) The Authority may make charges in respect of any goods or services which it or the Agency provides to any person.
- (2) Any charges made under subsection (1) may include amounts calculated by reference to expenditure incurred, or expected to be incurred, by the Authority or the Agency otherwise than directly in connection with the provision of the goods or services concerned.
- (3) With the exception of—
- (a) grants made under section 10; and
- (b) any sums borrowed by the Authority by virtue of paragraph 15 of schedule 1,
all sums received by the Authority in the course of, or in connection with, the carrying out of its functions must be paid to the Scottish Ministers.
- (4) Subsection (3) does not apply where the Scottish Ministers so direct.
### The Scottish Crime and Drug Enforcement Agency
#### Members of the Agency
##### 12
- (1) The Agency is to consist of—
- (a) a Director General appointed in accordance with paragraph 1 of schedule 2;
- (b) a Deputy Director General appointed in accordance with paragraph 2 of that schedule;
- (c) police members appointed in accordance with paragraph 7 of that schedule; and
- (d) support staff members appointed in accordance with paragraph 8 of that schedule.
- (2) Schedule 2 (which contains provisions about the membership of the Agency) has effect.
#### Strategic priorities of the Agency
##### 13
- (1) The Scottish Ministers may determine strategic priorities in relation to the carrying out of the functions of the Agency.
- (2) In making a determination under subsection (1), the Scottish Ministers must not do anything which would, or might, affect decisions of the Agency about which particular operations are to be carried out by it in compliance with those priorities and how they are to be so carried out.
- (3) Before making a determination under subsection (1) the Scottish Ministers must consult—
- (a) the Authority;
- (b) the Director General of the Agency;
- (c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
- (d) persons whom the Scottish Ministers consider represent the interests of police bodies.
- (4) The Scottish Ministers must arrange for any determination under subsection (1) to be published in such manner as they consider appropriate.
#### Annual plans of the Agency
##### 14
- (1) At least 3 months before the beginning of each financial year, the Director General of the Agency must—
- (a) prepare; and
- (b) submit to the Authority,
a plan setting out the proposed arrangements for the carrying out by the Agency of its functions during the year (the “annual plan”).
- (2) The annual plan must specify—
- (a) any strategic priorities determined under section 13(1);
- (b) any directions such as are mentioned in section 30(2);
- (c) the funding expected to be available to the Agency for the financial year to which the plan relates; and
- (d) how the Director General proposes to allocate the funding.
- (3) The Authority must, no later than 2 months from the date on which the annual plan is submitted to it—
- (a) approve the plan as submitted; or
- (b) approve the plan subject to such modifications as the Authority considers appropriate.
- (4) The Authority must not, in pursuance of subsection (3)(b), make any modifications which would, or might, affect decisions of the Agency about which particular operations are to be carried out by it or how they are to be carried out.
- (5) On the annual plan being approved by the Authority, the Director General must—
- (a) publish it in such manner as the Director General considers appropriate; and
- (b) send a copy of it to the persons specified in subsection (6).
- (6) Those persons are—
- (a) the Scottish Ministers;
- (b) chief constables of police forces;
- (c) police bodies; and
- (d) such other persons as the Director General considers appropriate.
#### Annual reports of the Agency
##### 15
- (1) As soon as practicable after the end of each financial year, the Director General of the Agency must—
- (a) prepare; and
- (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”).
- (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.
- (3) The Director General must send a copy of the annual report to the Authority and to each of the persons mentioned in section 14(6)(a) to (d).
- (4) The Scottish Ministers must lay a copy of any report sent to them by virtue of subsection (3) before the Scottish Parliament.
#### General functions of Director General of the Agency
##### 16
- (1) The Agency is to be under the direction and control of the Director General.
- (2) In carrying out the functions of the Director General, the Director General must have regard to the annual plan published by virtue of section 14.
#### Powers of the Agency
##### 17
- (1) The Agency may—
- (a) at the request of the chief constable of a police force, act in support of any activities of that force;
- (b) at the request of any of the bodies mentioned in section 2(3)(b) to (p), act in support of any activities of the body;
- (c) enter into other arrangements for co-operating with persons (in the United Kingdom or elsewhere) whom it considers appropriate in connection with the carrying out of any of the functions conferred on the Agency by section 2(2).
- (2) Despite the references to serious organised crime in subsection (2) of section 2, the Agency may carry on activities in relation to other crime if they are carried on for the purposes of any of the functions conferred on the Agency by that section.
- (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) (requests by overseas authorities to obtain evidence).
#### Scottish Ministers' power to modify section 17
##### 18
- (1) The Scottish Ministers may by order modify section 17 so as to—
- (a) confer additional powers on the Agency;
- (b) remove powers from the Agency;
- (c) amend powers of the Agency.
- (2) Before making an order under subsection (1) the Scottish Ministers must consult—
- (a) the Authority;
- (b) the Director General of the Agency;
- (c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
- (d) persons whom the Scottish Ministers consider represent the interests of police bodies.
#### Disclosure of information by the Agency
##### 19
- (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—
- (a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;
- (b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom;
- (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);
- (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.
- (3) A disclosure under this section does not breach—
- (a) any obligation of confidence owed by the person making the disclosure; or
- (b) any other restriction on the disclosure of information (however imposed).
- (4) Information disclosed by the Agency under this section to any person or body must not be further disclosed except—
- (a) for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by the Agency, or otherwise for any permitted purposes; and
- (b) with the consent of the Agency.
- (5) Consent under subsection (4) may be given—
- (a) in relation to a particular disclosure; or
- (b) in relation to disclosures made in circumstances specified or described in the consent.
#### Disclosure of information to the Agency
##### 20
- (1) Any person may disclose information to the Agency if the disclosure is made for the purposes of the exercise by the Agency of any of its functions.
- (2) A disclosure under this section does not breach—
- (a) any obligation of confidence owed by the person making the disclosure; or
- (b) any other restriction on the disclosure of information (however imposed).
#### Direction by Director General of the Agency
##### 21
- (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,
is subject to the direction of the Director General.
- (2) In giving direction under subsection (1) the Director General must comply with any instructions (whether general or special) falling within subsection (3).
- (3) Those instructions are—
- (a) in relation to the investigation of offences, any instructions given to the Director General by the Lord Advocate or the procurator fiscal; and
- (b) in relation to the reporting, for consideration of the question of prosecution, of alleged offences, any instructions given to the Director General by the Lord Advocate.
#### Liability for wrongful acts of police members of the Agency
##### 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.
- (2) The Authority is to pay—
- (a) any damages or expenses awarded against the Director General of the Agency in any proceedings brought against the Director General by virtue of this section and any expenses incurred by the Director General in any proceedings so brought so far as not recovered by the Director General in those proceedings;
- (b) any sum required in order to enable the Director General of the Agency to settle any claim made against the Director General by virtue of this section, if the settlement is approved by the Authority.
- (3) Any proceedings in respect of a claim made by virtue of this section may be brought only against the Director General of the Agency for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in this section to the Director General of the Agency are to be construed accordingly.
- (4) The Authority may, in such cases and to such extent as appear to it to be appropriate, pay—
- (a) any damages or expenses awarded against a police member in proceedings arising from any wrongful act or omission on the part of the member;
- (b) any expenses incurred and not recovered by such a member in such proceedings; and
- (c) any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.
- (5) Any reference in this section 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.
#### Regulations relating to the Agency
##### 23
- (1) The Scottish Ministers may make regulations as to the government and administration of the Agency and conditions of service with the Agency.
- (2) Regulations under subsection (1) may in particular make provision for or in connection with—
- (a) the qualifications for appointment by virtue of paragraph 7(2)(c) of schedule 2 of police members of the Agency;
- (b) periods of service on probation for police members appointed by virtue of that paragraph;
- (c) the police ranks to be held by police members;
- (d) the promotion of police members;
- (e) voluntary retirement of police members;
- (f) the efficiency and effectiveness of police members;
- (g) the conduct and discipline of police members;
- (h) the suspension of police members from membership of the Agency and from the office of constable;
- (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);
- (k) the hours of duty, leave, pay and allowances of police members;
- (l) the maintenance of personal records of police members;
- (m) the issue, use and return of—
- (i) personal equipment; and
- (ii) police clothing.
- (3) Regulations under subsection (1) may authorise the Scottish Ministers, the Authority or the Director General of the Agency to make provision for any purpose specified in the regulations.
- (4) In relation to any matter as to which provision may be made by regulations under subsection (1), the regulations may—
- (a) authorise or require provision to be made by, or confer discretionary powers on, the Scottish Ministers, the Authority, the Director General of the Agency or other persons; or
- (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.
- (7) Regulations under subsection (1) as to conditions of service must secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.
- (8) Subsection (7) does not apply to appointments made by virtue of paragraph 7(2)(a) of schedule 2.
- (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), the Scottish Ministers must—
- (a) submit a draft to the Police Advisory Board for Scotland; and
- (b) consider any representations made by the Board as to the draft.
### The police support services
#### The police support services: modification by order
##### 24
- (1) The Scottish Ministers may by order modify section 3(2).
- (2) Before making an order under subsection (1) the Scottish Ministers must consult—
- (a) the Authority;
- (b) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces;
- (c) persons whom the Scottish Ministers consider represent the interests of police bodies; and
- (d) such other persons as the Scottish Ministers consider appropriate.
#### Use of the police support services
##### 25
- (1) The Scottish Ministers may by regulations make provision for or in connection with requiring—
- (a) police forces; or
- (b) such of them as are specified in the regulations,
to use such of the police support services as are so specified.
- (2) The power conferred by subsection (1) may be exercised only if the Scottish Ministers consider that it would be in the interests of the efficiency or effectiveness of the police to do so.
- (3) Before making any regulations under subsection (1), the Scottish Ministers must have regard to the effect the regulations would have on the efficiency and effectiveness of the criminal justice system.
- (4) Before making regulations under subsection (1) the Scottish Ministers must consult the persons mentioned in section 24(2)(a) to (d).
### Inspections
#### Inspections of the Authority’s services and the Agency
##### 26
- (1) The inspectors of constabulary must, from time to time, carry out an inspection of the police support services provided by the Authority for the purpose of ascertaining the efficiency and effectiveness of those services.
- (2) The inspectors of constabulary must, from time to time, carry out an inspection of the Agency for the purpose of ascertaining the efficiency and effectiveness of the Agency.
- (3) The inspectors of constabulary must, in relation to any inspection carried out by virtue of subsection (1) or (2), publish a report on their findings.
#### Inspections of the Authority at request of the Scottish Ministers
##### 27
- (1) The Scottish Ministers may require the inspectors of constabulary to carry out an inspection of the Authority (or part of the Authority) for the purpose of ascertaining the efficiency and effectiveness of the Authority (or part).
- (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.
- (3) The inspectors must, in relation to any inspection carried out by virtue of subsection (1) or (2), publish a report on their findings.
#### Reports on inspections: powers of the Scottish Ministers
##### 28
- (1) This section applies where a report published under section 27(3) states—
- (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.
- (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.
- (3) An action plan is a plan setting out the remedial measures which the Authority proposes to take in relation to the matters in respect of which the direction is given.
- (4) If this section applies at a time when there is already an action plan in force—
- (a) references in this section to an action plan include references to revisions of the existing plan; and
- (b) the other provisions of this section have effect accordingly.
#### Revision of inadequate action plan
##### 29
- (1) This section applies where the Scottish Ministers determine that any remedial measures contained in an action plan submitted to them under section 28 are inadequate.
- (2) The Scottish Ministers must notify the Authority of that determination and their reasons for it.
- (3) On receipt of a notification under subsection (2) the Authority must—
- (a) consider whether to revise the plan in the light of the matters notified to it; and
- (b) if it does revise the plan, send a copy of the revised plan to the Scottish Ministers.
- (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—
- (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.
#### Termination of order
##### 58
- (1) The appropriate court may, on the application of a person subject to a football banning order, make an order terminating it as from a specified date.
- (2) An application under subsection (1) may not be made unless the order has had effect for at least two-thirds of the period specified in the order.
- (3) In exercising its power under subsection (1), a court must have regard to—
- (a) the character of the person against whom the order was made;
- (b) the conduct of the person against whom the order was made since it was made;
- (c) the nature of the offence or conduct which led to it; and
- (d) any other circumstances which appear to the court to be relevant.
- (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.
#### Information about making, varying or terminating order etc.
##### 59
- (1) Where a court makes a football banning order, it must cause a copy of the order to be—
- (a) served on the person against whom the order is made;
- (b) sent to the football banning orders authority and to any person prescribed by order by the Scottish Ministers as soon as is reasonably practicable;
- (c) sent to the police station at which the person against whom the order is made is to report initially (addressed to the constable responsible for the police station) as soon as is reasonably practicable; and
- (d) in a case where the person against whom the order is made is detained in legal custody, sent to the person in whose custody that person is detained as soon as is reasonably practicable.
- (2) Where a court terminates or varies a football banning order, it must cause a copy of the terminating or varying order to be—
- (a) served on the person against whom the football banning order was made;
- (b) sent to the football banning orders authority as soon as is reasonably practicable; and
- (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.
- (4) Subsection (3) applies only if the subject is released more than 5 days before the expiry of the football banning order.
#### Appeals
##### 60
- (1) The following are to be taken to be a sentence for the purpose of an appeal—
- (a) a football banning order made under section 51;
- (b) a declaration made under section 51;
- (c) any variation of such an order under section 57;
- (d) the termination of such an order under section 58.
- (2) Subsection (3) applies where a football banning order made under section 51 is quashed on appeal.
- (3) Where the High Court of Justiciary does not specify, as a reason for quashing the order, that the court which made the order erred in holding that the offence in respect of which the order was made was one to which section 51(4) applied, the High Court may, in addition to any other order which it makes, make a declaration that the offence was one to which that section applied.
- (4) The following decisions may be appealed to the sheriff principal—
- (a) a decision to make a football banning order under section 52;
- (b) a decision to make an order under section 57 varying such a football banning order;
- (c) a decision to make an order under section 58 terminating such a football banning order;
- (d) a decision not to make an order such as is mentioned in paragraph (a), (b) or (c).
- (5) An appeal under subsection (4) must be made within the period of 14 days beginning with the date on which the decision was made.
- (6) The decision of the sheriff principal on an appeal under subsection (4) may be appealed to the Court of Session.
- (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.
### Enforcement of order in relation to foreign matches
#### Foreign matches: reporting and other requirements
##### 61
- (1) The constable responsible for the police station at which a person subject to a football banning order reports initially may make such requirements of the person as are determined by the football banning orders authority to be necessary or expedient for giving effect to the football banning order, so far as relating to regulated football matches outside the United Kingdom.
- (2) Subject to section 64, if, in connection with any regulated football match outside the United Kingdom, the football banning orders authority is of the opinion mentioned in subsection (3) in relation to a person subject to a football banning order, the authority must cause the person to be served with a notice in writing under subsection (4).
- (3) That opinion is that requiring the person to report in accordance with a notice under subsection (4) is necessary or expedient in order to reduce the likelihood of violence or disorder at or in connection with the match.
- (4) A notice under this subsection is a notice requiring the person—
- (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—
- (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.
- (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.
#### Notices under section 61(4): further provision
##### 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—
- (a) a regulated football match outside the United Kingdom; or
- (b) a designated external tournament which includes such matches.
- (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; 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
##### 63
- (1) The football banning orders authority must, in carrying out its functions under sections 61 and 62, have regard to any guidance issued by the Scottish Ministers about—
- (a) the carrying out of those functions; and
- (b) matters arising in connection with the carrying out of those functions.
- (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).
#### Exemption from notice served under section 61(4)
##### 64
- (1) A person who is subject to a football banning order may—
- (a) as respects a particular regulated football match; or
- (b) as respects regulated football matches played during a period,
apply for an order disapplying any notice under section 61(4) served on the person in relation to the match or matches.
- (2) Subject to subsection (3), an application under subsection (1) is to be made to the football banning orders authority.
- (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).
- (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—
- (a) that there are circumstances which justify the making of the order; and
- (b) that, because of those circumstances, the applicant would not attend the match or matches.
- (6) Except where subsection (7) applies, a constable is not to make an order under this section without referring the question of whether to do so to the football banning orders authority.
- (7) This subsection applies where it is not reasonably practicable for the constable to refer the question to the authority.
- (8) Where a constable makes an order under this section without referring the question of whether to do so to the football banning orders authority, the constable must give notice in writing of that fact to the football banning orders authority as soon as is reasonably practicable.
#### Section 64: supplementary
##### 65
- (1) The football banning orders authority or a constable is, in making decisions under section 64, to have regard to any guidance in that respect issued by the Scottish Ministers.
- (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.
- (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—
- (a) in the case of an appeal against a refusal by the football banning orders authority, that authority;
- (b) in the case of an appeal against a refusal by a constable, the constable and the football banning orders authority.
- (5) An appeal under subsection (3) is to be made by summary application.
- (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.
#### Suspension of reporting requirements
##### 66
- (1) Any requirements imposed on the person subject to a football banning order (“the subject”) by a notice under section 61(4) are suspended during any period in which the subject does not reside in the United Kingdom.
- (2) The requirements mentioned in subsection (3) are suspended during any period in which the subject is detained in legal custody.
- (3) Those requirements are—
- (a) the requirement under the order to report initially at a police station; and
- (b) any requirements imposed on the subject in a notice under section 61(4).
- (4) Subsection (5) applies if—
- (a) the subject is released from custody more than 5 days before the expiry of the period for which the order has effect; and
- (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
#### Directions
##### 30
- (1) The Authority must comply with any direction (whether general or specific) given to it by the Scottish Ministers.
- (2) The Agency must comply with any direction (whether general or specific) given to it by the Scottish Ministers.
- (3) The Scottish Ministers may not give directions to the Agency in respect of—
- (a) particular operations which the Agency is carrying out (or is to carry out); or
- (b) the way in which the Agency is carrying out (or is to carry out) such operations.
- (4) Where the Scottish Ministers give a direction to the Authority or the Agency, the Scottish Ministers—
- (a) must arrange for the direction to be published in such manner as they consider appropriate;
- (b) may vary or revoke the direction.
#### Transfer of staff, property etc.
##### 31
Schedule 3 (which makes provision about transfers of staff to the Authority and the Agency and transfers of property, rights and liabilities to the Authority) has effect.
#### Service of documents
##### 67
- (1) A document required by this Chapter to be served on a person is served on the person if—
- (a) given to the person; or
- (b) sent to the person by registered post or a recorded delivery service.
- (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 27 of the Postal Services Act 2011 (c.5).
#### Offences under this Chapter
##### 68
- (1) A person who fails to comply with any requirement imposed on the person—
- (a) by a football banning order;
- (b) under section 61(1); or
- (c) by a notice under section 61(4),
commits an offence.
- (2) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for failing to comply with the requirement.
- (3) A person who commits an offence under subsection (1)(a) or (c) is liable on summary conviction to—
- (a) imprisonment for a term not exceeding 6 months;
- (b) a fine not exceeding level 5 on the standard scale; or
- (c) both such imprisonment and such a fine.
- (4) A person who commits an offence under subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
- (5) A person who, in connection with an application under section 64 to be exempted from a notice under section 61(4)—
- (a) knowingly or recklessly makes a statement which is false or misleading in a material particular; or
- (b) knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular,
commits an offence.
- (6) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
#### Interpretation of Chapter 1
##### 32
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; 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
### The Police Complaints Commissioner for Scotland
#### The Police Complaints Commissioner for Scotland
##### 33
- (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.
- (3) Schedule 4 (which makes further provision about the Commissioner) has effect.
### Supervision of complaints
#### “Relevant complaint” and “person serving with the police”
##### 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—
- (a) by a police authority;
- (b) by a joint police board;
- (c) by a police force;
- (d) by the Authority;
- (e) by the Agency; or
- (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
- (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).
- (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).
- (6) The persons referred to in subsection (1) are—
- (a) a member of the public who claims to be the person in relation to whom the act or omission took place;
- (b) a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;
- (c) a member of the public who claims to have witnessed the act or omission;
- (d) a person acting on behalf of a person falling within any of paragraphs (a) to (c).
- (7) For the purposes of this section, a person is serving with the police if the person—
- (a) is a constable of a police force;
- (b) is employed or appointed by virtue of section 9 of the 1967 Act (employment otherwise than as a constable) by a police authority or a joint police board;
- (c) is a member of the staff of the Authority; or
- (d) is a member of the Agency,
and related expressions are to be construed accordingly.
#### Examination of manner of handling of complaint
##### 35
- (1) The Commissioner may, at the request of —
- (a) the person who made the complaint (“the complainer”); or
- (b) the appropriate authority in relation to the complaint,
examine the manner in which a relevant complaint has been dealt with (such an examination being a “complaint handling review”).
- (2) The Commissioner may carry out a complaint handling review under subsection (1)(b) only if satisfied that the appropriate authority in relation to the complaint has taken reasonable steps to deal with the complaint.
- (3) On completion of a complaint handling review, the Commissioner must—
- (a) inform the persons mentioned in subsection (4) about—
- (i) the conclusions the Commissioner has drawn from the complaint handling review and the reasons for them;
- (ii) what action (if any) the Commissioner proposes to take in consequence of those conclusions;
- (b) draw up a report of the complaint handling review and the conclusions, reasons and proposed action referred to in paragraph (a) and send it to the appropriate authority in relation to the complaint.
- (4) Those persons are—
- (a) the complainer; and
- (b) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.
- (5) The duties imposed by subsection (3)(a) are subject to such exceptions as may be prescribed by regulations made by the Scottish Ministers; but they are to make regulations under this subsection only to the extent that they consider it necessary for the purpose of any of the following—
- (a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings or prospective criminal proceedings;
- (b) preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
- (i) is in the interests of national security;
- (ii) is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders;
- (iii) is justified on proportionality grounds; or
- (iv) is otherwise necessary in the public interest.
- (6) The non-disclosure of information is justified on proportionality grounds only if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.
- (7) If, having completed a complaint handling review, the Commissioner is of the opinion that the complaint should be reconsidered, the Commissioner may give a direction requiring the reconsideration of the complaint (a “reconsideration direction”).
- (8) A reconsideration direction may be given—
- (a) to the appropriate authority in relation to the complaint; or
- (b) if the Commissioner thinks it more appropriate to do so, to any other person who is a relevant authority,
(the person to whom the direction is given being “the reconsidering authority”).
- (9) A reconsideration direction given under subsection (8)(b) must be accompanied by a copy of the report sent to the appropriate authority in relation to the complaint under subsection (3)(b).
- (10) A reconsideration direction may be given as respects so much of the complaint as has been, or is, the subject of proceedings by virtue of section 26(2A)(a) of the 1967 Act (police disciplinary procedures) only in so far as it relates to the extent of compliance with the procedures established by virtue of that provision.
- (11) A reconsideration direction may (either or both)—
- (a) instruct that the reconsideration of the complaint is to have regard to such further information as may have become available (whether or not as a result of the complaint handling review) after the complaint was dealt with;
- (b) contain a requirement that reconsideration of the complaint is to take place under the supervision of the Commissioner (a “supervision requirement”).
- (12) In deciding whether a reconsideration direction should contain a supervision requirement, the Commissioner must have regard to—
- (a) the seriousness of the case; and
- (b) the public interest.
- (13) The Commissioner may at any time issue a direction varying a reconsideration direction by inserting or, as the case may be, deleting a supervision requirement.
- (14) Where a reconsideration direction is varied under subsection (13), the Commissioner may give—
- (a) the reconsidering authority; or
- (b) any person previously appointed to carry out the reconsideration,
such directions as the Commissioner considers appropriate for the purpose of giving effect to the variation.
#### Duty of Commissioner not to proceed with certain complaint handling reviews
##### 36
- (1) If it appears to the Commissioner (whether on an application by the appropriate authority in relation to the complaint or otherwise) that a complaint handling review is or would, if it took place, be one to which subsection (2) applies, the Commissioner must discontinue or, as the case may be, not proceed with the review.
- (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.
- (4) Where a complaint handling review is, under this section, discontinued or not proceeded with—
- (a) the Commissioner must notify the appropriate authority in relation to the complaint and the persons mentioned in section 35(4) of that fact;
- (b) the Commissioner may give the appropriate authority in relation to the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;
- (c) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the complaint handling review or the fact that it is not to take place; and
- (d) subject to paragraphs (b) and (c), the Commissioner is to take no further action in accordance with this Chapter in relation to the review or the complaint to which it relates.
#### Appointment of person to reconsider complaint
##### 37
- (1) The reconsidering authority must appoint a person to reconsider the complaint to which the reconsideration direction relates.
- (2) But where the reconsideration direction contains a supervision requirement, the reconsidering authority must not appoint a person unless the Commissioner has given notice to the authority that the Commissioner approves the person whom the authority proposes to appoint.
- (3) Where the reconsidering authority is the appropriate authority in relation to the complaint, the person appointed must be one who was not previously involved in the consideration of the complaint.
- (4) Where the reconsideration of a complaint is subject to a supervision requirement, the person appointed under this section to reconsider the complaint must comply with all such requirements in relation to the carrying out of that reconsideration as may be imposed by the Commissioner in relation to that reconsideration.
#### Reconsideration of complaint: duties to keep persons informed
##### 38
- (1) This section applies where there is a reconsideration of a complaint in accordance with section 35.
- (2) The reconsidering authority or, where the reconsideration of a complaint is subject to a supervision requirement, the Commissioner must provide the persons mentioned in subsection (3) with all such information as will keep those persons properly informed, while the reconsideration is being carried out and subsequently, of—
- (a) the action (if any) which is taken in respect of the matters dealt with in any report under section 40; and
- (b) the outcome of any such action.
- (3) Those persons are—
- (a) the complainer;
- (b) the appropriate authority in relation to the complaint (except where that authority is the reconsidering authority); and
- (c) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.
- (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.
#### Power of Commissioner to discontinue reconsideration
##### 39
- (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.
- (3) Where the reconsideration of a complaint is discontinued in accordance with this section—
- (a) the Commissioner must notify the persons mentioned in section 38(3) of that fact;
- (b) the Commissioner must give a copy of the order requiring the discontinuance to the reconsidering authority and the person appointed to reconsider the complaint;
- (c) the Commissioner may give the reconsidering authority or the person appointed to reconsider the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;
- (d) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the reconsideration; and
- (e) subject to paragraphs (c) and (d), the reconsidering authority, the person appointed to reconsider the complaint and the Commissioner are to take no further action in accordance with this Chapter in relation to that complaint.
#### Final reports on reconsideration
##### 40
- (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
- (b) send a copy of the report to—
- (i) the reconsidering authority; and
- (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
##### 41
- (1) For the purposes of sections 34 to 40, the appropriate authority in relation to a complaint is—
- (a) where the complaint is in respect of an act or omission of a police authority, the authority;
- (b) where the complaint is in respect of an act or omission of a joint police board, the board;
- (c) where the complaint is in respect of an act or omission of a police force, the chief constable of the force;
- (d) where the complaint is in respect of an act or omission of the Authority, the Authority;
- (e) where the complaint is in respect of an act or omission of the Agency, the Director General of the Agency;
- (f) where the complaint is in respect of an act or omission of a person at a time when the person was a constable of a police force—
- (i) where the person was of a senior rank, the maintaining authority in relation to the force;
- (ii) where the person was not of such rank, the chief constable of the force;
- (g) where the complaint is in respect of an act or omission of a person at a time when the person was employed or appointed by virtue of section 9 of the 1967 Act by a police authority or a joint police board, the authority or board;
- (h) where the complaint is in respect of an act or omission of a person at a time when the person was a member of staff of the Authority, the Authority;
- (i) where the complaint is in respect of an act or omission of a person at a time when the person was the Director General of the Agency, the Authority;
- (j) where the complaint is in respect of an act or omission of a person at a time when the person was the Deputy Director General, a police member or a support staff member of the Agency, the Director General of the Agency.
- (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.
- (4) For the purpose of subsection (1)(f)(i), the maintaining authority in relation to a police force is—
- (a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;
- (b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.
- (5) Despite paragraphs 7(3)(b) and (5)(a) and 8(3) of schedule 2, the reference in subsection (1)(h) to a member of staff of the Authority does not include a police member of the Agency or a support staff member of the Agency.
### Other functions
#### General functions of the Commissioner
##### 42
The Commissioner has the general functions of—
- (a) securing the maintenance by the Commissioner, and by each of the relevant authorities, of suitable arrangements for the handling of relevant complaints;
- (b) keeping under review all arrangements maintained for that matter;
- (c) securing that arrangements maintained for that matter—
- (i) are efficient and effective;
- (ii) contain and manifest an appropriate degree of independence; and
- (iii) are adhered to;
- (d) making such recommendations, and giving such advice, for the modification of—
- (i) the arrangements maintained for that matter; and
- (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.
#### 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.
- (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
- (b) are matters which the Commissioner considers should be drawn to their attention by reason of their gravity or of other exceptional circumstances.
- (4) The Commissioner must prepare such reports containing advice and recommendations as the Commissioner considers appropriate for the purpose of carrying out the function under section 42(d).
- (5) The Scottish Ministers must lay before the Parliament and arrange publication of—
- (a) every annual report under subsection (1) received by them; and
- (b) every other report under this section received by them (but only if and to the extent that the Scottish Ministers consider it appropriate to do so).
- (6) The Commissioner must—
- (a) send copies of every annual report under subsection (1) to all relevant authorities and to the chief inspector of constabulary appointed under section 33 of the 1967 Act;
- (b) send copies of every report under subsection (4) to all relevant authorities and to the Scottish Ministers.
- (7) The Commissioner may send a copy of any report made under this section to any person the Commissioner thinks fit.
#### Provision of information to the Commissioner
##### 44
- (1) A relevant authority must, at such times, in such circumstances and in accordance with such requirements as may be set out in regulations made by the Scottish Ministers, provide the Commissioner with all such information and documents as may be specified or described in regulations so made.
- (2) A relevant authority must—
- (a) provide the Commissioner with all such other information and documents specified or described in a notification given by the Commissioner to that person; and
- (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.
- (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—
- (a) the notification imposing the requirement; or
- (b) in any subsequent notification given by the Commissioner to that person for the purposes of this subsection.
- (4) Nothing in this section requires a relevant authority to provide the Commissioner with any information or document, or to produce any other thing, before the earliest time at which it is practicable for the authority to do so.
- (5) A requirement imposed by any notification or regulations under this section may authorise or require information or documents to which it relates to be provided to the Commissioner electronically.
#### Power of Commissioner to issue guidance
##### 45
- (1) The Commissioner may issue guidance—
- (a) to relevant authorities;
- (b) to persons appointed to reconsider complaints,
about the carrying out by the persons to whom the guidance is issued of any of the functions conferred on them by virtue of this Chapter.
- (2) Before issuing any guidance under this section, the Commissioner must consult—
- (a) persons whom the Commissioner considers representative of each of the office holders who and bodies which are relevant authorities; and
- (b) such other persons as the Commissioner thinks fit.
- (3) A person to whom guidance is issued under subsection (1) must have regard to that guidance in carrying out the functions to which the guidance relates.
- (4) The power conferred by subsection (1) to issue guidance includes power to vary or revoke any such guidance.
#### Disclosure of information by and to the Commissioner
##### 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
- (b) for the purpose of enabling or assisting the public body or office-holder to carry out any function.
- (2) Information disclosed by the Commissioner under this section to any body or office-holder must not be further disclosed except—
- (a) for a purpose connected with any function of that body or office-holder; and
- (b) with the consent of the Commissioner.
- (3) Consent under subsection (2) may be given—
- (a) in relation to a particular disclosure; or
- (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.
- (5) A disclosure under this section does not breach—
- (a) any obligation of confidence owed by the person making the disclosure; or
- (b) any other restriction on the disclosure of information (however imposed).
### Supplementary
#### Interpretation of Chapter 2
##### 47
In this Chapter—
- “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; 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
#### Allowances payable to special constables
##### 48
In section 3 of the 1967 Act (which defines special constables as constables to whom only allowances are payable), after subsection (2) there is inserted—
> (3) It is declared, for the purposes of subsection (2) above, that the allowances payable to special constables include any periodic payments of the description set out in subsection (4) below.
> (4) Payments are of that description if they acknowledge the giving by special constables of their services as such for not less than such aggregate length of time within the period to which each payment relates as the Scottish Ministers may, by or under regulations made under section 26 of this Act, determine.
.
#### Appointments of assistant inspectors of constabulary and staff officers
##### 49
In section 34 of the 1967 Act (assistant inspectors and staff officers), for subsection (1A) there is substituted—
> (1A) The chief inspector of constabulary may appoint staff officers to inspectors of constabulary.
.
#### Constables engaged on service outside their force
##### 50
- (1) The 1967 Act is modified as follows.
- (2) In section 38A (constables engaged on service outside their force)—
- (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) as if he were a member of that force.
.
- (3) After section 38A there is inserted the following section—
> (38B)
> (1) The Scottish Ministers may by order amend subsection (1) of section 38A of this Act for the purpose of—
> (a) adding a description of service to those listed there; or
> (b) removing or amending a description of service listed there.
> (2) An order under subsection (1) of this section may make such consequential amendments of section 38A of this Act as the Scottish Ministers consider appropriate.
> (3) An order under subsection (1) of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
.
## Part 2 — Public order etc.
### Chapter 1 — Football banning orders
### Making and content of orders
#### Making of order on conviction of a football-related offence
##### 51
- (1) This section applies where—
- (a) a person is convicted of an offence; and
- (b) the person was aged 16 or over at the time the offence was committed.
- (2) Instead of or in addition to any sentence which it could impose, the court which deals with the person in respect of the offence may, if satisfied as to the matters mentioned in subsection (3), make a football banning order against the person.
- (3) Those matters are—
- (a) that the offence was one to which subsection (4) applies; and
- (b) that there are reasonable grounds to believe that making the football banning order would help to prevent violence or disorder at or in connection with any football matches.
- (4) This subsection applies to an offence if—
- (a) the offence involved the person who committed it engaging in violence or disorder; and
- (b) the offence related to a football match.
- (5) Where the court does not make a football banning order, but is nevertheless satisfied that the offence was one to which subsection (4) applies, it may declare that to be the case.
- (6) For the purpose of subsection (4)(b), an offence relates to a football match if it is committed—
- (a) at a football match or while the person committing it is entering or leaving (or trying to enter or leave) the ground;
- (b) on a journey to or from a football match; or
- (c) otherwise, where it appears to the court from all the circumstances that the offence is motivated (wholly or partly) by a football match.
- (7) The references in subsection (6)(a) and (b) to a football match include a reference to any place (other than domestic premises) at which a football match is being televised; and, in the case of such a place, the reference in subsection (6)(a) to the ground is to be taken to be a reference to that place.
- (8) For the purpose of subsection (6)(b)—
- (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).
- (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.
#### Making of order on application to the sheriff
##### 52
- (1) The chief constable of a police force may apply for a football banning order against any person—
- (a) who resides in the area of the police force; or
- (b) who the chief constable believes is in or intends to come to the area of the police force.
- (2) An application under subsection (1) may be made to any sheriff—
- (a) in whose sheriffdom the person against whom the order is sought resides;
- (b) in whose sheriffdom that person is believed by the applicant to be; or
- (c) to whose sheriffdom that person is believed by the applicant to be intending to come.
- (3) An application under subsection (1) is to be made by summary application.
- (4) A sheriff may make a football banning order if satisfied that—
- (a) the person against whom the order is sought has at any time contributed to any violence or disorder in the United Kingdom or elsewhere; and
- (b) there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with any football matches.
- (5) Subsections (6) and (8) apply where a sheriff is determining whether to make a football banning order against a person.
- (6) The sheriff may take into account the matters mentioned in subsection (7) (amongst others), so far as considering it appropriate to do so.
- (7) Those matters are—
- (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.
- (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).
- (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.
#### Content of order
##### 53
- (1) A football banning order is an order which—
- (a) prohibits the person against whom it is made from entering any premises for the purposes of attending any regulated football matches in the United Kingdom; and
- (b) requires the person against whom it is made to report at a police station in accordance with this Chapter, in connection with regulated football matches outside the United Kingdom.
- (2) A football banning order must require the person against whom it is made—
- (a) to report initially at a police station . . . specified in the order within 5 days beginning with the day on which the order is made; and
- (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.
- (5) Such requirements may include prohibiting the person from entering any premises (including premises to be entered for the purposes of attending football matches which are not regulated football matches).
- (6) A football banning order must specify the period for which it is to have effect.
- (7) That period is not to exceed—
- (a) 10 years, in the case of an order made under section 51 made in addition to a sentence of imprisonment;
- (b) 5 years, in the case of an order made under section 51 other than one mentioned in paragraph (a);
- (c) 3 years, in the case of an order made under section 52.
#### Section 53: supplementary
##### 54
- (1) Schedule 5, which specifies the relevant events referred to in section 53(2)(b) and defines the prescribed information in relation to each such event, has effect.
- (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.
#### “Football matches” and “regulated football matches”
##### 55
- (1) In this Chapter, references to football matches—
- (a) are to association football matches; and
- (b) are to matches played or intended to be played.
- (2) For the purposes of this Chapter, the following are regulated football matches—
- (a) football matches within subsection (3); and
- (b) such other football matches, anywhere in the world, as may be prescribed by order made by the Scottish Ministers.
- (3) The football matches within this subsection are—
- (a) football matches anywhere in the United Kingdom where one or both of the participating teams—
- (i) represents a country or territory;
- (ii) represents a club which is for the time being a member of the Scottish Premier League or the Scottish Football League;
- (iii) represents a club which is for the time being a member (whether a full or associate member) of the Football League, the Football Association Premier League, the Football Conference or the League of Wales;
- (aa) football matches anywhere in the United Kingdom, not falling within paragraph (a)–
- (i) which are part of a competition or tournament organised by, or under the authority of, the Federation Internationale de Football Associations (“FIFA”) or the Union of European Football Associations (“UEFA”); and
- (ii) where one or both of the participating teams represents a club which is for the time being a member (whether a full or associate member) of, or affiliated to, a national football association which is a member of FIFA;
- (b) football matches outside the United Kingdom involving—
- (i) a national team appointed to represent Scotland, England or Wales by, respectively, the Scottish Football Association, the Football Association or the Football Association of Wales;
- (ii) a team representing a club mentioned in paragraph (a)(ii) or (iii).
- (4) The Scottish Ministers may by order modify subsection (3) so as to—
- (a) add a description of football matches, anywhere in the world;
- (b) remove such a description;
- (c) amend such a description.
#### “Violence” and “disorder”
##### 56
- (1) This section applies for the purposes of this Chapter.
- (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—
- (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;
- (b) using threatening, abusive or insulting words or behaviour or disorderly behaviour;
- (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.
- (5) The things referred to in subsection (3)(a) are—
- (a) colour;
- (b) race;
- (c) nationality (including citizenship);
- (d) ethnic or national origins;
- (e) membership of a religious group or of a social or cultural group with a perceived religious affiliation;
- (f) sexual orientation;
- (g) transgender identity;
- (h) disability.
- (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);
- “*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
#### Variation of certain requirements of order
##### 57
- (1) The appropriate court may, on the application of a person mentioned in subsection (3), make an order varying a football banning order by—
- (a) subject to subsection (2), omitting or imposing a requirement such as is mentioned in section 53(3);
- (b) imposing, replacing or omitting a requirement such as is mentioned in section 53(4).
- (2) An order may not be varied so as to omit a requirement such as is mentioned in section 53(3) unless it appears to the court that there are exceptional circumstances.
- (3) The persons referred to in subsection (1) are—
- (a) the person subject to the order;
- (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;
- (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—
- (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—
- (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.
#### Termination of order
##### 58
- (1) The appropriate court may, on the application of a person subject to a football banning order, make an order terminating it as from a specified date.
- (2) An application under subsection (1) may not be made unless the order has had effect for at least two-thirds of the period specified in the order.
- (3) In exercising its power under subsection (1), a court must have regard to—
- (a) the character of the person against whom the order was made;
- (b) the conduct of the person against whom the order was made since it was made;
- (c) the nature of the offence or conduct which led to it; and
- (d) any other circumstances which appear to the court to be relevant.
- (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.
#### Information about making, varying or terminating order etc.
##### 59
- (1) Where a court makes a football banning order, it must cause a copy of the order to be—
- (a) served on the person against whom the order is made;
- (b) sent to the football banning orders authority and to any person prescribed by order by the Scottish Ministers as soon as is reasonably practicable;
- (c) sent to the police station at which the person against whom the order is made is to report initially (addressed to the constable responsible for the police station) as soon as is reasonably practicable; and
- (d) in a case where the person against whom the order is made is detained in legal custody, sent to the person in whose custody that person is detained as soon as is reasonably practicable.
- (2) Where a court terminates or varies a football banning order, it must cause a copy of the terminating or varying order to be—
- (a) served on the person against whom the football banning order was made;
- (b) sent to the football banning orders authority as soon as is reasonably practicable; and
- (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.
- (4) Subsection (3) applies only if the subject is released more than 5 days before the expiry of the football banning order.
#### Appeals
##### 60
- (1) The following are to be taken to be a sentence for the purpose of an appeal—
- (a) a football banning order made under section 51;
- (b) a declaration made under section 51;
- (c) any variation of such an order under section 57;
- (d) the termination of such an order under section 58.
- (2) Subsection (3) applies where a football banning order made under section 51 is quashed on appeal.
- (3) Where the High Court of Justiciary does not specify, as a reason for quashing the order, that the court which made the order erred in holding that the offence in respect of which the order was made was one to which section 51(4) applied, the High Court may, in addition to any other order which it makes, make a declaration that the offence was one to which that section applied.
- (4) The following decisions may be appealed to the sheriff principal—
- (a) a decision to make a football banning order under section 52;
- (b) a decision to make an order under section 57 varying such a football banning order;
- (c) a decision to make an order under section 58 terminating such a football banning order;
- (d) a decision not to make an order such as is mentioned in paragraph (a), (b) or (c).
- (5) An appeal under subsection (4) must be made within the period of 14 days beginning with the date on which the decision was made.
- (6) The decision of the sheriff principal on an appeal under subsection (4) may be appealed to the Court of Session.
- (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.
### Enforcement of order in relation to foreign matches
#### Foreign matches: reporting and other requirements
##### 61
- (1) The constable responsible for the police station at which a person subject to a football banning order reports initially may make such requirements of the person as are determined by the football banning orders authority to be necessary or expedient for giving effect to the football banning order, so far as relating to regulated football matches outside the United Kingdom.
- (2) Subject to section 64, if, in connection with any regulated football match outside the United Kingdom, the football banning orders authority is of the opinion mentioned in subsection (3) in relation to a person subject to a football banning order, the authority must cause the person to be served with a notice in writing under subsection (4).
- (3) That opinion is that requiring the person to report in accordance with a notice under subsection (4) is necessary or expedient in order to reduce the likelihood of violence or disorder at or in connection with the match.
- (4) A notice under this subsection is a notice requiring the person—
- (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—
- (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.
- (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.
#### Notices under section 61(4): further provision
##### 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—
- (a) a regulated football match outside the United Kingdom; or
- (b) a designated external tournament which includes such matches.
- (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; 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
##### 63
- (1) The football banning orders authority must, in carrying out its functions under sections 61 and 62, have regard to any guidance issued by the Scottish Ministers about—
- (a) the carrying out of those functions; and
- (b) matters arising in connection with the carrying out of those functions.
- (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).
#### Exemption from notice served under section 61(4)
##### 64
- (1) A person who is subject to a football banning order may—
- (a) as respects a particular regulated football match; or
- (b) as respects regulated football matches played during a period,
apply for an order disapplying any notice under section 61(4) served on the person in relation to the match or matches.
- (2) Subject to subsection (3), an application under subsection (1) is to be made to the football banning orders authority.
- (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).
- (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—
- (a) that there are circumstances which justify the making of the order; and
- (b) that, because of those circumstances, the applicant would not attend the match or matches.
- (6) Except where subsection (7) applies, a constable is not to make an order under this section without referring the question of whether to do so to the football banning orders authority.
- (7) This subsection applies where it is not reasonably practicable for the constable to refer the question to the authority.
- (8) Where a constable makes an order under this section without referring the question of whether to do so to the football banning orders authority, the constable must give notice in writing of that fact to the football banning orders authority as soon as is reasonably practicable.
#### Section 64: supplementary
##### 65
- (1) The football banning orders authority or a constable is, in making decisions under section 64, to have regard to any guidance in that respect issued by the Scottish Ministers.
- (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.
- (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—
- (a) in the case of an appeal against a refusal by the football banning orders authority, that authority;
- (b) in the case of an appeal against a refusal by a constable, the constable and the football banning orders authority.
- (5) An appeal under subsection (3) is to be made by summary application.
- (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.
#### Suspension of reporting requirements
##### 66
- (1) Any requirements imposed on the person subject to a football banning order (“the subject”) by a notice under section 61(4) are suspended during any period in which the subject does not reside in the United Kingdom.
- (2) The requirements mentioned in subsection (3) are suspended during any period in which the subject is detained in legal custody.
- (3) Those requirements are—
- (a) the requirement under the order to report initially at a police station; and
- (b) any requirements imposed on the subject in a notice under section 61(4).
- (4) Subsection (5) applies if—
- (a) the subject is released from custody more than 5 days before the expiry of the period for which the order has effect; and
- (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
#### Service of documents
##### 67
- (1) A document required by this Chapter to be served on a person is served on the person if—
- (a) given to the person; or
- (b) sent to the person by registered post or a recorded delivery service.
- (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 27 of the Postal Services Act 2011 (c.5).
#### Offences under this Chapter
##### 68
- (1) A person who fails to comply with any requirement imposed on the person—
- (a) by a football banning order;
- (b) under section 61(1); or
- (c) by a notice under section 61(4),
commits an offence.
- (2) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for failing to comply with the requirement.
- (3) A person who commits an offence under subsection (1)(a) or (c) is liable on summary conviction to—
- (a) imprisonment for a term not exceeding 6 months;
- (b) a fine not exceeding level 5 on the standard scale; or
- (c) both such imprisonment and such a fine.
- (4) A person who commits an offence under subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
- (5) A person who, in connection with an application under section 64 to be exempted from a notice under section 61(4)—
- (a) knowingly or recklessly makes a statement which is false or misleading in a material particular; or
- (b) knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular,
commits an offence.
- (6) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
#### Interpretation of Chapter 1
##### 69
- (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
- “*the football banning orders authority*” means the chief constable of the Police Service of Scotland; and
- “*passport*” means a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77).
@@ -3075,7 +2473,7 @@
In this Act—
- “*the 1967 Act*” means the Police (Scotland) Act 1967 (c. 77);
- ...
- “*the 1995 Act*” means the Criminal Procedure (Scotland) Act 1995 (c. 46); and
@@ -3143,1085 +2541,1045 @@
#### Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Status
##### 2
- (1) The Authority—
- (a) is not a servant or agent of the Crown; and
- (b) has no status, immunity or privilege of the Crown.
- (2) The Authority's property is not property of, or property held on behalf of, the Crown.
#### Membership
##### 3
- (1) The Scottish Ministers must appoint the members of the Authority.
- (2) Each member must fall within one of the categories mentioned in sub-paragraph (3).
- (3) Those categories are—
- (a) police force members;
- (b) police authority members;
- (c) lay members.
- (4) The Authority is to consist of not more than 10 members and, subject to sub-paragraph (5), must include—
- (a) a convener (who must be a lay member); and
- (b) at least two members (not including the convener) falling within each of the categories mentioned in sub-paragraph (3).
- (5) Sub-paragraph (4)(b) does not apply if, in the opinion of the Scottish Ministers, its application would—
- (a) prevent the Authority from operating; or
- (b) prevent or impede the effective or efficient operation of the Authority.
- (6) A person may be appointed as a police force member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of chief constables of police forces.
- (7) A person may be appointed as a police authority member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of police bodies.
- (8) Sub-paragraph (4)(b) does not apply if—
- (a) the Scottish Ministers request the persons referred to in sub-paragraph (6) or (7) to nominate persons for appointment as a police force member or a police authority member of the Authority; and
- (b) the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.
- (9) A person is disqualified from appointment, and from holding office, as a police authority member or a lay member of the Authority if that person is—
- (a) a member of—
- (i) the House of Lords;
- (ii) the House of Commons;
- (iii) the Scottish Parliament;
- (iv) the European Parliament; or
- (b) disqualified from standing for election as a member of—
- (i) the House of Commons;
- (ii) the Scottish Parliament; or
- (iii) a local authority.
- (10) A person is disqualified from appointment, and from holding office, as a lay member of the Authority if that person is—
- (a) a constable of a police force;
- (b) a member of—
- (i) a police force maintained under section 2 of the Police Act 1996 (c. 16);
- (ii) the metropolitan police force or of the City of London police force;
- (iii) the Police Service of Northern Ireland;
- (iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);
- (v) the British Transport Police Force;
- (vi) the Civil Nuclear Constabulary;
- (vii) the States of Jersey Police Force;
- (viii) the salaried police force of the Island of Guernsey; or
- (ix) the Isle of Man Constabulary;
- (c) a member of the Serious Organised Crime Agency;
- (d) a member of a local authority; or
- (e) a member of staff of the Authority.
- (11) The Scottish Ministers may by order amend sub-paragraph (4) by substituting for the maximum number of members for the time being specified there such other number as they think fit.
- (12) Before making an order under sub-paragraph (11) the Scottish Ministers must consult—
- (a) the Authority;
- (b) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
- (c) persons whom the Scottish Ministers consider represent the interests of police bodies.
#### Deputy convener
##### 4
Members of the Authority must elect, from among their number, a member to chair meetings when the convener is not present (the “deputy convener”).
#### Tenure
##### 5
- (1) Subject to this paragraph, each member holds and vacates office on such terms and conditions, and for such period, as the Scottish Ministers may determine.
- (2) The Scottish Ministers may, on the expiry of a period of appointment of a member, reappoint the member for a single further period.
- (3) Each member may, by written notice to the Scottish Ministers, resign as a member.
- (4) A police force member ceases to be a member of the Authority on ceasing to hold the rank of chief constable of a police force.
- (5) Subject to sub-paragraphs (6) and (7), a police authority member ceases to be a member of the Authority on ceasing to be a member of a local authority.
- (6) Sub-paragraph (7) applies where a member of the Authority ceases to be a member of a local authority by reason only of the member's retirement by virtue of section 5(4) of the Local Government etc. (Scotland) Act 1994 (c. 39) (elections and terms of office of councillors).
- (7) Where—
- (a) the member had the function of chairing meetings of a police authority, the member continues to hold office as a member of the Authority until the date of the first meeting of the local authority following the election in consequence of which that person retired;
- (b) the member had the function of chairing meetings of a joint police board, the member continues to hold office as a member of the Authority until the date of the first meeting of the board following the election in consequence of which that person retired.
#### Removal from office
##### 6
- (1) The Scottish Ministers may remove a person from office as a member of the Authority if they consider that any of the grounds mentioned in sub-paragraph (2) is satisfied.
- (2) Those grounds are—
- (a) the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors, or has granted a trust deed for creditors or a composition contract;
- (b) the member is incapacitated as a result of physical or mental illness;
- (c) the member has, without reasonable excuse, been absent from meetings of the Authority for a period longer than 4 consecutive months;
- (d) the member has, without reasonable excuse, been absent from 3 consecutive meetings of the Authority;
- (e) the member has been convicted (whether before or after the member's appointment) of a criminal offence;
- (f) the member has failed to comply with the terms of the member's appointment;
- (g) the member, being a police force member, has been suspended from duty by virtue of regulations made under section 26 of the 1967 Act;
- (h) the member, being a police authority member, has had the member's entitlement to attend meetings suspended under section 19(1)(b) or (c) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7); or
- (i) the member is otherwise unfit or unable to carry out the member's functions as convener or member.
#### Members to ensure Authority is run efficiently and effectively
##### 7
It is the duty of each member to ensure that the Authority is run efficiently and effectively.
#### Remuneration and pensions of convener and lay members
##### 8
- (1) The Authority must pay to the convener and each of the other lay members such remuneration, allowances and expenses as the Scottish Ministers determine.
- (2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the convener or a lay member of the Authority as the Scottish Ministers determine.
- (3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
- (4) The arrangements mentioned in sub-paragraph (2) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
- (5) Sub-paragraph (6) applies where a person ceases to be the convener or a lay member of the Authority and the Scottish Ministers determine that there are special circumstances making it right for the person to receive compensation.
- (6) The Scottish Ministers may direct the Authority to pay such amount of compensation to the person as the Scottish Ministers consider appropriate.
- (7) Police force members and police authority members are not entitled to remuneration, allowances or expenses from the Authority in respect of their work as members of the Authority.
#### Chief Executive
##### 9
- (1) The Authority is to have a Chief Executive who—
- (a) must not be a member of the Authority; and
- (b) reports to the members of the Authority.
- (2) The first appointment of the Chief Executive is to be made by the Scottish Ministers after consultation with—
- (a) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces;
- (b) persons whom the Scottish Ministers consider represent the interests of police bodies; and
- (c) if the Scottish Ministers have appointed a person as convener of the Authority, that person.
- (3) The first appointment of the Chief Executive is to be made on such terms and conditions as the Scottish Ministers may determine.
- (4) The Authority must pay the person appointed under sub-paragraph (3) such remuneration, allowances and expenses as the Scottish Ministers determine.
- (5) Subsequent appointments of the Chief Executive are to be made by the Authority with the approval of the Scottish Ministers on such terms and conditions as the Authority may with such approval determine.
- (6) The Authority must pay the Chief Executive appointed by the Authority such remuneration, allowances and expenses as the Scottish Ministers determine.
- (7) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Chief Executive as the Scottish Ministers determine.
- (8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment.
- (9) The arrangements mentioned in sub-paragraph (7) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
#### Staff of the Authority
##### 10
- (1) Subject to sub-paragraphs (6)(b) and (8)(a), the Authority may appoint other employees on such terms and conditions as the Authority determines.
- (2) The Authority may make arrangements for constables of police forces to be seconded to the Authority to serve as members of its staff.
- (3) The Authority may make arrangements for persons falling within sub-paragraph (4) to be seconded to the Authority to serve as members of its staff.
- (4) A person falls within this sub-paragraph if the person is a member of—
- (a) a police force maintained under section 2 of the Police Act 1996 (c. 16);
- (b) the metropolitan police force or of the City of London police force;
- (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);
- (e) the British Transport Police;
- (f) the Civil Nuclear Constabulary;
- (g) the States of Jersey Police Force;
- (h) the salaried police force of the Island of Guernsey;
- (i) the Isle of Man Constabulary; or
- (j) the Serious Organised Crime Agency.
- (5) Sub-paragraph (6) applies if—
- (a) a constable is seconded to the Authority under sub-paragraph (2); and
- (b) the Authority does not appoint the constable to be a police member of the Agency in accordance with paragraph 7 of schedule 2.
- (6) The constable—
- (a) is engaged with the Authority on a period of relevant service within the meaning of section 38A(1)(bd) of the 1967 Act;
- (b) is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and
- (c) is under the direction and control of the Authority.
- (7) Sub-paragraph (8) applies if—
- (a) a person is seconded to the Authority under sub-paragraph (3); and
- (b) the Authority does not appoint the person to be a police member of the Agency in accordance with paragraph 7 of schedule 2.
- (8) The person—
- (a) is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and
- (b) is under the direction and control of the Authority.
- (9) A determination under sub-paragraph (6)(b) or (8)(a) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 23 of this Act.
- (10) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it (subject to such modifications as they consider appropriate) to—
- (a) constables seconded to the Authority under sub-paragraph (2); or
- (b) persons seconded to the Authority under sub-paragraph (3),
who are not appointed to be police members of the Agency in accordance with paragraph 7 of schedule 2.
- (11) Before making an order under sub-paragraph (10) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—
- (a) submit a draft to the Police Advisory Board for Scotland; and
- (b) consider any representations made by the Board as to the draft.
#### Remuneration and pensions of staff
##### 11
- (1) Subject to section 23, paragraph 10(10) of this schedule and paragraph 9(1) of schedule 2, the Authority must pay to members of its staff such remuneration, allowances and expenses as the Authority determines.
- (2) A determination under sub-paragraph (1) as respects persons within sub-paragraph (3) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 23 of this Act.
- (3) Those persons are—
- (a) constables seconded to the Authority under paragraph 10(2); and
- (b) persons seconded to the Authority under paragraph 10(3),
who are not appointed to be police members of the Agency in accordance with paragraph 7 of schedule 2.
- (4) A determination under sub-paragraph (1) as respects police members of the Agency may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.
- (5) The Authority may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff.
- (6) The reference in sub-paragraph (5) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment or, as the case may be, loss of office.
- (7) The arrangements mentioned in sub-paragraph (5) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
- (8) In this paragraph references to members of staff of the Authority do not include the Chief Executive or the Director General or Deputy Director General of the Agency.
#### Committees and sub-committees
##### 12
- (1) The Authority may establish committees for any purpose.
- (2) Any committee so established may establish sub-committees.
- (3) Any such committee or sub-committee must be chaired by a member of the Authority.
- (4) A person who is not a member of the Authority may be appointed to any such committee or sub-committee.
- (5) Subject to sub-paragraph (6), the Authority may pay such remuneration, allowances and expenses as it may determine to a member of any such committee or sub-committee who is not—
- (a) a member of the Authority; or
- (b) a member of the Authority's staff.
- (6) Sub-paragraph (5) does not apply to a member of a committee or sub-committee who is—
- (a) a constable of, or otherwise employed by, a police force; or
- (b) a member of a local authority.
#### Procedure
##### 13
- (1) Subject to sub-paragraph (2), the Authority may regulate—
- (a) its own procedure (including the number of members required to constitute a quorum); and
- (b) the procedure (including the number of members required to constitute a quorum) of its committees and sub-committees.
- (2) Any determination as to the quorum for meetings of the Authority or any of its committees or sub-committees must be made at a meeting of the Authority attended by the convener and at least 4 other members.
#### Delegation of functions
##### 14
- (1) Subject to sub-paragraph (2), the Authority may authorise—
- (a) any of its committees; or
- (b) any of its members of staff,
to perform on behalf of the Authority such of its functions as it may determine.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) A committee of the Authority may authorise—
- (a) any of its sub-committees; or
- (b) any of the Authority's members of staff,
to perform on behalf of the committee such of its functions as it may determine.
#### Incidental powers
##### 15
- (1) The Authority may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the carrying out of its functions, including in particular—
- (a) entering into contracts;
- (b) acquiring and disposing of property (whether heritable or moveable);
- (c) borrowing money;
- (d) forming or promoting (whether alone or with another) companies under the Companies Act 2006.
- (2) The power conferred by sub-paragraph (1)(b) includes power to accept—
- (a) gifts of money; and
- (b) gifts or loans of other property
on such terms as the Authority considers appropriate.
- (3) The Authority may not exercise the powers conferred by paragraphs (b) to (d) of sub-paragraph (1) without the consent of the Scottish Ministers.
- (4) Such consent may be given—
- (a) with respect to a particular case or a particular class of cases;
- (b) subject to such conditions as the Scottish Ministers consider appropriate.
#### Accounts
##### 16
- (1) The Authority must—
- (a) keep proper accounts and proper records in relation to the accounts; and
- (b) prepare a statement of accounts in respect of each financial year
in relation to each of the Authority and the Agency.
- (2) A statement of accounts under sub-paragraph (1) must be in such form and contain such information as the Scottish Ministers may direct.
- (3) The Authority must send a copy of each statement of accounts to the Scottish Ministers.
- (4) The Scottish Ministers must send a copy of each statement of accounts to the Auditor General of Scotland for auditing.
## SCHEDULE 2
#### The Director General
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The Deputy Director General
##### 2
- (1) The first Deputy Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Deputy Director of the old Agency.
- (2) The first Deputy Director General holds office as Deputy Director General until the term of appointment as Deputy Director of the old Agency would have ended.
- (3) Each subsequent Deputy Director General—
- (a) is to be appointed by the Authority; and
- (b) holds office for a term of 3 years.
- (4) The Authority may extend the Deputy Director General's term of office by a single period not exceeding 3 years.
- (5) A person is disqualified from appointment, and from holding office, as Deputy Director General if that person is a member of the Authority.
- (6) A person may be appointed as Deputy Director General only if the person satisfies any requirements that the Scottish Ministers may specify in regulations and—
- (a) holds the rank of assistant chief constable in a police force; or
- (b) is eligible to apply for a post of that rank.
- (7) Despite section 5(3) of the 1967 Act, a person referred to in sub-paragraph (6)(b) who is appointed as Deputy Director General is, by virtue of the appointment, promoted to the rank of assistant chief constable.
- (8) The Scottish Ministers may by order amend sub-paragraphs (6) and (7) so as to substitute for the rank for the time being specified there another rank.
- (9) In sub-paragraphs (1) and (2), “*the old Agency*” has the meaning given by paragraph 1(1).
#### Termination or suspension of appointment of Director General and Deputy Director General
##### 3
- (1) Where the Authority has complied with sub-paragraphs (2) to (4) in relation to the Director General, it may call on the Director General to retire or to resign from office as Director General—
- (a) in the interests of efficiency or effectiveness; or
- (b) by reason of any misconduct by the Director General.
- (2) The Authority must give the Director General—
- (a) an explanation in writing of the grounds on which the Authority proposes to call upon the Director General to retire or resign as mentioned in sub-paragraph (1)(a) or (b); and
- (b) an opportunity to make representations to the Authority (including an opportunity to make them in person).
- (3) The Authority must consider any representations made by or on behalf of the Director General.
- (4) The Authority must consult the Scottish Ministers.
- (5) If the Director General is, under sub-paragraph (1), called upon to retire or resign, the Director General must retire or resign with effect from—
- (a) such date as the Authority may specify; or
- (b) such earlier date as may be agreed between the Director General and the Authority.
- (6) If the Authority considers that it is necessary for the maintenance of public confidence in the Agency to do so, the Authority may, after consulting the Scottish Ministers, suspend the Director General from duty.
- (7) Nothing in this paragraph affects any power of the Authority to terminate or suspend the Director General's appointment in accordance with the terms and conditions of that appointment.
- (8) Sub-paragraphs (1) to (7) apply in relation to the Deputy Director General as they apply in relation to the Director General.
#### Director General and Deputy Director General: common provisions
##### 4
- (1) A person appointed as Director General or Deputy Director General—
- (a) is, subject to paragraph 9(1), appointed on such terms and conditions as the Scottish Ministers may specify;
- (b) is by virtue of the appointment a member of the staff of the Authority;
- (c) is, if immediately before appointment a constable of a police force, engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(bf) of the 1967 Act;
- (d) in any other case—
- (i) is, on appointment, appointed to the office of constable of the Agency; and
- (ii) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine covering the proper discharge of the duties of the office.
- (2) Without prejudice to any other enactment conferring powers on constables for particular purposes, where the Director General or Deputy Director General makes a declaration such as is mentioned in sub-paragraph (1)(d)(ii), the Director General or (as the case may be) the Deputy Director General has all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.
- (3) In sub-paragraph (2)—
- “*powers*” includes powers under any enactment, whenever passed or made;
- “*United Kingdom waters*” means the sea and other waters within the seaward limits of the territorial sea;
and in that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.
#### Remuneration and pensions of Director and Deputy Director
##### 5
- (1) Subject to paragraph 9(1), the Authority must pay to the Director General and Deputy Director General such remuneration, allowances and expenses as the Scottish Ministers determine.
- (2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Director General or the Deputy Director General as the Scottish Ministers determine.
- (3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
- (4) The arrangements mentioned in sub-paragraph (2) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
#### Delegation of Director General’s functions
##### 6
- (1) The Deputy Director General may carry out any of the functions of the Director General under this Act or any other enactment—
- (a) during any absence, incapacity or suspension from duty of the Director General; or
- (b) during any vacancy in the office of Director General.
- (2) Anything authorised or required to be done by the Director General may be done by any other member of the Agency who is authorised for the purpose by the Director General (whether generally or specifically).
- (3) Sub-paragraph (2) does not apply to anything authorised or required to be done by the Director General under—
- (a) Part III of the Police Act 1997 (c. 50) (authorisation of action in respect of property); or
- (b) the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11).
#### Police members
##### 7
- (1) The police members of the Agency are to be appointed by the Authority.
- (2) A person may be appointed under sub-paragraph (1) only if—
- (a) the person is a constable who is seconded to the Authority under paragraph 10(2) of schedule 1;
- (b) the person is a person who is seconded to the Authority under paragraph 10(3) of schedule 1; or
- (c) the person has any qualifications for appointment as a constable which are specified in regulations under section 23 and the appointment is to a police rank in the Agency.
- (3) A police member of the Agency appointed by virtue of sub-paragraph (2)(a)—
- (a) is engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(be) of the 1967 Act;
- (b) does not, by virtue of the appointment, cease to be a member of staff of the Authority.
- (4) A police member of the Agency appointed by virtue of sub-paragraph (2)(b)—
- (a) does not, by virtue of the appointment, cease to be a member of staff of the Authority;
- (b) is, on appointment, appointed to the office of constable of the Agency; and
- (c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.
- (5) A police member of the Agency appointed by virtue of sub-paragraph (2)(c)—
- (a) becomes, on appointment, a member of staff of the Authority;
- (b) is, on appointment, appointed to the office of constable of the Agency; and
- (c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.
- (6) Without prejudice to any other enactment conferring powers on constables for particular purposes, where a police member of the Agency makes a declaration such as is mentioned in sub-paragraph (4)(c) or (5)(c), the member shall have all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.
- (7) Subject to section 23 and paragraph 9(1) of this schedule, an appointment in accordance with this paragraph is made on such terms and conditions as the Authority may determine.
- (8) A determination under sub-paragraph (7) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.
- (9) Before making an appointment in accordance with this paragraph, or determining the terms and conditions on which such an appointment is to be made, the Authority must consult the Director General of the Agency.
- (10) In sub-paragraph (6)—
- “*powers*” includes powers under any enactment, whenever passed or made;
- “*United Kingdom waters*” means the sea and other waters within the seaward limits of the territorial sea;
and that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.
#### Support staff members
##### 8
- (1) The Authority may appoint support staff members of the Agency.
- (2) A person may be appointed under sub-paragraph (1) only if the person is by virtue of paragraph 10(1) of schedule 1 an employee of the Authority.
- (3) A person appointed under sub-paragraph (1) does not, by virtue of that appointment, cease to be a member of staff of the Authority.
#### Supplementary
##### 9
- (1) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it as they think fit (subject to such modifications as they consider appropriate) to the Director General, the Deputy Director General and police members of the Agency.
- (2) Before making an order under sub-paragraph (1) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—
- (a) submit a draft to the Police Advisory Board for Scotland; and
- (b) consider any representations made by the Board as to the draft.
## SCHEDULE 3
## ...
#### Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Staff transfer orders
##### 2
- (1) The Scottish Ministers may by order (a “staff transfer order”) make provision for or in connection with—
- (a) the transfer of persons employed, by virtue of section 9 of the 1967 Act (employees other than constables), by police authorities or joint police boards from any such authority or board to the Authority;
- (b) the transfer of constables from police forces to relevant service;
- (c) the transfer of constables from central service to relevant service.
- (2) A staff transfer order may in particular—
- (a) prescribe rules by which the transfer of persons, or classes of person, specified in the order can be determined;
- (b) provide that persons, or classes of person, so specified are to become members of the Agency.
- (3) Where a staff transfer order makes provision such as is mentioned in paragraph (a) of sub-paragraph (1), the order may include provision requiring the police authority or joint police board concerned to make a scheme in relation to the transfer of the staff to whom the order relates.
- (4) Where a staff transfer order makes provision such as is mentioned in paragraph (b) of sub-paragraph (1), the order may include provision requiring the maintaining authority for the police force concerned to make a scheme in relation to the transfer of the staff to whom the order relates.
- (5) For the purposes of sub-paragraph (4), the maintaining authority in relation to a police force is—
- (a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;
- (b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.
- (6) Where a staff transfer order makes provision such as is mentioned in paragraph (c) of sub-paragraph (1), the Scottish Ministers must make a scheme in relation to the transfer of the staff to whom the order relates.
- (7) A staff transfer order may include provision requiring a scheme made by virtue of sub-paragraph (4) to include provision as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.
- (8) Terms and conditions such as are mentioned in sub-paragraph (7) may be included in a scheme only with the approval of the Scottish Ministers.
- (9) A scheme made under sub-paragraph (6) may include provision—
- (a) for central service to have effect from a time specified in the scheme as relevant service;
- (b) as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.
#### Consultation
##### 3
- (1) Before making a staff transfer order, the Scottish Ministers must consult—
- (a) the Authority; and
- (b) if the order includes—
- (i) provision transferring constables to relevant service falling within section 38A(1)(be) of the 1967 Act; or
- (ii) provision such as is mentioned in paragraph 2(2)(b),
the Director General of the Agency.
- (2) Before making a scheme by virtue of paragraph 2(3), the police authority or joint police board concerned must consult the Authority.
- (3) Before making a scheme by virtue of paragraph 2(4), the police authority or joint police board concerned must consult—
- (a) the Authority; and
- (b) if the scheme includes provision for or in connection with the transfer of constables to relevant service within the meaning of section 38A(1)(be) of the 1967 Act, the Director General of the Agency.
#### Effect on existing contracts of employment
##### 4
- (1) This paragraph applies where—
- (a) a person is to be transferred by virtue of a staff transfer order under paragraph 2; and
- (b) immediately before the transfer day, the person has a contract of employment with a police authority or joint police board (the “employer”).
- (2) On and after the transfer day the contract of employment has effect as if originally made between the person and the Authority.
- (3) On the transfer day the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of the person are transferred to the Authority.
- (4) Anything done before the transfer day by or in relation to the employer in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to the Authority.
- (5) If, before the transfer day, the person gives notice to the Authority or the person's employer that the person objects to becoming a member of staff of the Authority—
- (a) the contract of employment with the employer is, on the day immediately preceding the day that would, but for the objection, have been the transfer day, terminated; and
- (b) the person is not to be treated (whether for the purpose of any enactment or otherwise) as having been dismissed by virtue of the giving of such notice.
- (6) Nothing in this schedule prejudices any right of the person to terminate the contract of employment if a substantial detrimental change in the person's working conditions is made.
- (7) The person has the right to terminate the contract of employment by virtue of the employer's identity changing by virtue of the making of the staff transfer order only if it is shown that, in all the circumstances, the change is—
- (a) significant; and
- (b) detrimental
to the person.
## Part 2 — Transfer of property, rights and liabilities to the Authority
#### Interpretation
##### 5
In this Part, “*local authority*” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
#### Transfer of property, rights and liabilities
##### 6
- (1) The Scottish Ministers may make a transfer scheme.
- (2) A transfer scheme is a scheme making provision for or in connection with the transfer to the Authority of property, rights and liabilities of any of the following—
- (a) a police authority;
- (b) a joint police board;
- (c) a local authority;
- (d) the Scottish Ministers;
- (e) any other person.
- (3) A transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights or liabilities relate to the functions of the Agency (as specified in section 2(2)) or the police support services.
- (4) A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect; and different dates may be specified in relation to different property, rights or liabilities.
- (5) On the transfer date—
- (a) any property or rights to which a transfer scheme applies transfer to and vest in the Authority; and
- (b) any liabilities to which such a scheme applies become liabilities of the Authority.
- (6) A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights or liabilities transferred by virtue of the scheme.
- (7) A certificate issued by the Scottish Ministers that any property, right or liability has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.
- (8) A transfer scheme may in particular make provision about the continuation of legal proceedings.
- (9) A transfer scheme may make provision for the Authority to make any payment which—
- (a) before a day specified in the scheme could have been made by any of the persons specified in paragraphs (a) to (e) of sub-paragraph (2); but
- (b) is not a liability which can become a liability of the Authority by virtue of a transfer scheme.
- (10) A transfer scheme may make provision for the payment by the Authority of compensation in respect of property and rights transferred by virtue of the scheme.
- (11) Before making a transfer scheme, the Scottish Ministers must consult—
- (a) the Authority;
- (b) any police authority, joint police board, local authority or other person whose property, rights and liabilities (or any of them) are to be transferred by virtue of the scheme.
## SCHEDULE 4
#### Status
##### 1
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);
- “*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
- (1) The Commissioner—
- (a) is not a servant or agent of the Crown; and
- (b) has no status, immunity or privilege of the Crown.
- (2) The Commissioner's property is not property of, or property held on behalf of, the Crown.
#### Limitations on appointment
##### 2
- (1) The Authority—
- (a) is not a servant or agent of the Crown; and
- (b) has no status, immunity or privilege of the Crown.
- (2) The Authority's property is not property of, or property held on behalf of, the Crown.
#### Membership
- (1) A person is disqualified for appointment to the office of Commissioner if the person—
- (a) is or has been a member of—
- (i) the House of Lords;
- (ii) the House of Commons;
- (iii) the Scottish Parliament;
- (iv) the European Parliament; or
- (v) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
- (b) is or has been a constable of the Police Service (or of a police force previously maintained under the Police (Scotland) Act 1967 (c.77));
- (c) is or has been a member of—
- (i) a police force maintained under section 2 of the Police Act 1996 (c. 16);
- (ii) the metropolitan police force or of the City of London police force;
- (iii) the Police Service of Northern Ireland;
- (iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);
- (v) the British Transport Police Force;
- (vi) the Civil Nuclear Constabulary;
- (vii) the States of Jersey Police Force;
- (viii) the salaried police force of the Island of Guernsey; or
- (ix) the Isle of Man Constabulary;
- (d) is or has been—
- (i) a special constable appointed under section 27 of the Police Act 1996 (c. 16);
- (ii) a member of the Police Service of Northern Ireland Reserve;
- (iii) a member of the Ministry of Defence Police by virtue of section 1(1)(b) of the Ministry of Defence Police Act 1987 (c. 4);
- (iv) a special constable of the British Transport Police Force; or
- (v) a member of any force of special constables established for the States of Jersey, the Island of Guernsey or the Isle of Man;
- (da) is or has been a member of the Authority;
- (e) is or has been a member of staff of the Authority or has been a member of staff of the body which was known as the Scottish Police Services Authority;
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) is or has been employed as a member of police staff or as a member of the Authority's staff or has been employed, by virtue of section 9 of the 1967 Act (employees other than constables) by a police authority or a joint police board;
- (h) has been a member of—
- (i) the National Criminal Intelligence Service or;
- (ii) the National Crime Squad; or
- (i) is or has been a member of the Serious Organised Crime Agency.
- (2) The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.
- (3) A person who has previously been appointed to the office of Commissioner is not eligible to be appointed again, except in accordance with sub-paragraph (4).
- (4) A person holding office as Commissioner may be reappointed on the expiry of the person's period of appointment, but only if—
- (a) the person has not previously been reappointed to the office; and
- (b) the Scottish Ministers consider that, by reason of special circumstances, it is desirable in the public interest.
#### Tenure and removal from office
##### 3
- (1) The Scottish Ministers must appoint the members of the Authority.
- (2) Each member must fall within one of the categories mentioned in sub-paragraph (3).
- (3) Those categories are—
- (a) police force members;
- (b) police authority members;
- (c) lay members.
- (4) The Authority is to consist of not more than 10 members and, subject to sub-paragraph (5), must include—
- (a) a convener (who must be a lay member); and
- (b) at least two members (not including the convener) falling within each of the categories mentioned in sub-paragraph (3).
- (5) Sub-paragraph (4)(b) does not apply if, in the opinion of the Scottish Ministers, its application would—
- (a) prevent the Authority from operating; or
- (b) prevent or impede the effective or efficient operation of the Authority.
- (6) A person may be appointed as a police force member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of chief constables of police forces.
- (7) A person may be appointed as a police authority member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of police bodies.
- (8) Sub-paragraph (4)(b) does not apply if—
- (a) the Scottish Ministers request the persons referred to in sub-paragraph (6) or (7) to nominate persons for appointment as a police force member or a police authority member of the Authority; and
- (b) the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.
- (9) A person is disqualified from appointment, and from holding office, as a police authority member or a lay member of the Authority if that person is—
- (a) a member of—
- (i) the House of Lords;
- (ii) the House of Commons;
- (iii) the Scottish Parliament;
- (iv) the European Parliament; or
- (b) disqualified from standing for election as a member of—
- (i) the House of Commons;
- (ii) the Scottish Parliament; or
- (iii) a local authority.
- (10) A person is disqualified from appointment, and from holding office, as a lay member of the Authority if that person is—
- (a) a constable of a police force;
- (b) a member of—
- (i) a police force maintained under section 2 of the Police Act 1996 (c. 16);
- (ii) the metropolitan police force or of the City of London police force;
- (iii) the Police Service of Northern Ireland;
- (iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);
- (v) the British Transport Police Force;
- (vi) the Civil Nuclear Constabulary;
- (vii) the States of Jersey Police Force;
- (viii) the salaried police force of the Island of Guernsey; or
- (ix) the Isle of Man Constabulary;
- (c) a member of the Serious Organised Crime Agency;
- (d) a member of a local authority; or
- (e) a member of staff of the Authority.
- (11) The Scottish Ministers may by order amend sub-paragraph (4) by substituting for the maximum number of members for the time being specified there such other number as they think fit.
- (12) Before making an order under sub-paragraph (11) the Scottish Ministers must consult—
- (a) the Authority;
- (b) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
- (c) persons whom the Scottish Ministers consider represent the interests of police bodies.
#### Deputy convener
- (1) Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.
- (2) The period of a person's appointment as Commissioner is—
- (a) in the case of a first appointment, 5 years; and
- (b) in the case of a reappointment, 3 years.
- (3) A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.
- (4) The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.
- (5) Those grounds are—
- (a) the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;
- (b) the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);
- (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) or under the Company Directors Disqualification (Northern Ireland) Order 2002;
- (f) the person has acted improperly in relation to the person's duties;
- (g) the person is otherwise unable or unfit to perform the person's duties.
#### Remuneration
##### 4
Members of the Authority must elect, from among their number, a member to chair meetings when the convener is not present (the “deputy convener”).
#### Tenure
The Commissioner is entitled to—
- (a) a salary of such amount; and
- (b) such allowances
as the Scottish Ministers determine.
#### Pensions etc.
##### 5
- (1) Subject to this paragraph, each member holds and vacates office on such terms and conditions, and for such period, as the Scottish Ministers may determine.
- (2) The Scottish Ministers may, on the expiry of a period of appointment of a member, reappoint the member for a single further period.
- (3) Each member may, by written notice to the Scottish Ministers, resign as a member.
- (4) A police force member ceases to be a member of the Authority on ceasing to hold the rank of chief constable of a police force.
- (5) Subject to sub-paragraphs (6) and (7), a police authority member ceases to be a member of the Authority on ceasing to be a member of a local authority.
- (6) Sub-paragraph (7) applies where a member of the Authority ceases to be a member of a local authority by reason only of the member's retirement by virtue of section 5(4) of the Local Government etc. (Scotland) Act 1994 (c. 39) (elections and terms of office of councillors).
- (7) Where—
- (a) the member had the function of chairing meetings of a police authority, the member continues to hold office as a member of the Authority until the date of the first meeting of the local authority following the election in consequence of which that person retired;
- (b) the member had the function of chairing meetings of a joint police board, the member continues to hold office as a member of the Authority until the date of the first meeting of the board following the election in consequence of which that person retired.
#### Removal from office
- (1) The Scottish Ministers may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to hold office as the Commissioner.
- (2) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
- (3) The arrangements mentioned in sub-paragraph (1) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
#### Vacancy in office of Commissioner
##### 6
- (1) The Scottish Ministers may remove a person from office as a member of the Authority if they consider that any of the grounds mentioned in sub-paragraph (2) is satisfied.
- (2) Those grounds are—
- (a) the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors, or has granted a trust deed for creditors or a composition contract;
- (b) the member is incapacitated as a result of physical or mental illness;
- (c) the member has, without reasonable excuse, been absent from meetings of the Authority for a period longer than 4 consecutive months;
- (d) the member has, without reasonable excuse, been absent from 3 consecutive meetings of the Authority;
- (e) the member has been convicted (whether before or after the member's appointment) of a criminal offence;
- (f) the member has failed to comply with the terms of the member's appointment;
- (g) the member, being a police force member, has been suspended from duty by virtue of regulations made under section 26 of the 1967 Act;
- (h) the member, being a police authority member, has had the member's entitlement to attend meetings suspended under section 19(1)(b) or (c) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7); or
- (i) the member is otherwise unfit or unable to carry out the member's functions as convener or member.
#### Members to ensure Authority is run efficiently and effectively
- (1) The Scottish Ministers may appoint a person (who may be a member of the Commissioner's staff) to carry out the functions of the Commissioner during a period in which the office is vacant (an “acting Commissioner”).
- (2) A person who is disqualified for appointment to the office of Commissioner is also disqualified for appointment as an acting Commissioner.
- (3) A person appointed to be acting Commissioner—
- (a) may, by written notice to the Scottish Ministers, resign at any time;
- (b) may be dismissed by the Scottish Ministers at any time;
- (c) in other respects, holds appointment on such terms and conditions as the Scottish Ministers may determine.
- (4) While holding appointment as acting Commissioner, a person is to be treated as the Commissioner for all purposes other than those of paragraphs 3, 4 and 5.
#### Staff
##### 7
It is the duty of each member to ensure that the Authority is run efficiently and effectively.
#### Remuneration and pensions of convener and lay members
- (1) The Commissioner may appoint such staff as the Commissioner considers appropriate.
- (2) Members of staff are to be appointed on such terms and conditions as the Commissioner determines.
- (3) The Commissioner must pay to members of the Commissioner's staff such remuneration, allowances and expenses as the Commissioner determines.
- (4) The Commissioner may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff.
- (5) The reference in sub-paragraph (4) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment.
- (6) The arrangements mentioned in sub-paragraph (4) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
- (7) The Commissioner may make such other arrangements for staffing as the Commissioner thinks fit.
- (8) Paragraph 1(1) applies to staff appointed under this paragraph as it applies to the Commissioner.
#### General powers
##### 8
- (1) The Authority must pay to the convener and each of the other lay members such remuneration, allowances and expenses as the Scottish Ministers determine.
- (2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the convener or a lay member of the Authority as the Scottish Ministers determine.
- (3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
- (4) The arrangements mentioned in sub-paragraph (2) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
- (5) Sub-paragraph (6) applies where a person ceases to be the convener or a lay member of the Authority and the Scottish Ministers determine that there are special circumstances making it right for the person to receive compensation.
- (6) The Scottish Ministers may direct the Authority to pay such amount of compensation to the person as the Scottish Ministers consider appropriate.
- (7) Police force members and police authority members are not entitled to remuneration, allowances or expenses from the Authority in respect of their work as members of the Authority.
#### Chief Executive
The Commissioner may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the carrying out of the Commissioner's functions, including—
- (a) entering into contracts; and
- (b) acquiring and disposing of property.
#### Financial provision
##### 9
- (1) The Authority is to have a Chief Executive who—
- (a) must not be a member of the Authority; and
- (b) reports to the members of the Authority.
- (2) The first appointment of the Chief Executive is to be made by the Scottish Ministers after consultation with—
- (a) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces;
- (b) persons whom the Scottish Ministers consider represent the interests of police bodies; and
- (c) if the Scottish Ministers have appointed a person as convener of the Authority, that person.
- (3) The first appointment of the Chief Executive is to be made on such terms and conditions as the Scottish Ministers may determine.
- (4) The Authority must pay the person appointed under sub-paragraph (3) such remuneration, allowances and expenses as the Scottish Ministers determine.
- (5) Subsequent appointments of the Chief Executive are to be made by the Authority with the approval of the Scottish Ministers on such terms and conditions as the Authority may with such approval determine.
- (6) The Authority must pay the Chief Executive appointed by the Authority such remuneration, allowances and expenses as the Scottish Ministers determine.
- (7) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Chief Executive as the Scottish Ministers determine.
- (8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment.
- (9) The arrangements mentioned in sub-paragraph (7) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
#### Staff of the Authority
- (1) The Scottish Ministers are to pay—
- (a) the salary and allowances of the Commissioner; and
- (b) any sums payable by virtue of paragraph 6(3)(c) to, or in respect of, a person who is appointed, or has ceased to hold office, as acting Commissioner.
- (2) The Scottish Ministers are to pay to the Commissioner such sums as they consider appropriate to enable the Commissioner to fulfil the Commissioner's functions.
- (3) The Commissioner is not to borrow money unless authorised to do so (whether generally or specially) by the Scottish Ministers.
#### Accounts
##### 10
- (1) Subject to sub-paragraphs (6)(b) and (8)(a), the Authority may appoint other employees on such terms and conditions as the Authority determines.
- (2) The Authority may make arrangements for constables of police forces to be seconded to the Authority to serve as members of its staff.
- (3) The Authority may make arrangements for persons falling within sub-paragraph (4) to be seconded to the Authority to serve as members of its staff.
- (4) A person falls within this sub-paragraph if the person is a member of—
- (a) a police force maintained under section 2 of the Police Act 1996 (c. 16);
- (b) the metropolitan police force or of the City of London police force;
- (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);
- (e) the British Transport Police;
- (f) the Civil Nuclear Constabulary;
- (g) the States of Jersey Police Force;
- (h) the salaried police force of the Island of Guernsey;
- (i) the Isle of Man Constabulary; or
- (j) the Serious Organised Crime Agency.
- (5) Sub-paragraph (6) applies if—
- (a) a constable is seconded to the Authority under sub-paragraph (2); and
- (b) the Authority does not appoint the constable to be a police member of the Agency in accordance with paragraph 7 of schedule 2.
- (6) The constable—
- (a) is engaged with the Authority on a period of relevant service within the meaning of section 38A(1)(bd) of the 1967 Act;
- (b) is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and
- (c) is under the direction and control of the Authority.
- (7) Sub-paragraph (8) applies if—
- (a) a person is seconded to the Authority under sub-paragraph (3); and
- (b) the Authority does not appoint the person to be a police member of the Agency in accordance with paragraph 7 of schedule 2.
- (8) The person—
- (a) is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and
- (b) is under the direction and control of the Authority.
- (9) A determination under sub-paragraph (6)(b) or (8)(a) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 23 of this Act.
- (10) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it (subject to such modifications as they consider appropriate) to—
- (a) constables seconded to the Authority under sub-paragraph (2); or
- (b) persons seconded to the Authority under sub-paragraph (3),
who are not appointed to be police members of the Agency in accordance with paragraph 7 of schedule 2.
- (11) Before making an order under sub-paragraph (10) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—
- (a) submit a draft to the Police Advisory Board for Scotland; and
- (b) consider any representations made by the Board as to the draft.
#### Remuneration and pensions of staff
The Commissioner must, in accordance with such directions as the Scottish Ministers may give—
- (a) keep proper accounting records and accounts;
- (b) prepare annual accounts for each financial year;
- (c) send a copy of the annual accounts to the Auditor General for Scotland for auditing.
#### Provision of information
##### 11
- (1) Subject to section 23, paragraph 10(10) of this schedule and paragraph 9(1) of schedule 2, the Authority must pay to members of its staff such remuneration, allowances and expenses as the Authority determines.
- (2) A determination under sub-paragraph (1) as respects persons within sub-paragraph (3) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 23 of this Act.
- (3) Those persons are—
- (a) constables seconded to the Authority under paragraph 10(2); and
- (b) persons seconded to the Authority under paragraph 10(3),
who are not appointed to be police members of the Agency in accordance with paragraph 7 of schedule 2.
- (4) A determination under sub-paragraph (1) as respects police members of the Agency may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.
- (5) The Authority may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff.
- (6) The reference in sub-paragraph (5) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment or, as the case may be, loss of office.
- (7) The arrangements mentioned in sub-paragraph (5) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
- (8) In this paragraph references to members of staff of the Authority do not include the Chief Executive or the Director General or Deputy Director General of the Agency.
#### Committees and sub-committees
##### 12
- (1) The Authority may establish committees for any purpose.
- (2) Any committee so established may establish sub-committees.
- (3) Any such committee or sub-committee must be chaired by a member of the Authority.
- (4) A person who is not a member of the Authority may be appointed to any such committee or sub-committee.
- (5) Subject to sub-paragraph (6), the Authority may pay such remuneration, allowances and expenses as it may determine to a member of any such committee or sub-committee who is not—
- (a) a member of the Authority; or
- (b) a member of the Authority's staff.
- (6) Sub-paragraph (5) does not apply to a member of a committee or sub-committee who is—
- (a) a constable of, or otherwise employed by, a police force; or
- (b) a member of a local authority.
#### Procedure
##### 13
- (1) Subject to sub-paragraph (2), the Authority may regulate—
- (a) its own procedure (including the number of members required to constitute a quorum); and
- (b) the procedure (including the number of members required to constitute a quorum) of its committees and sub-committees.
- (2) Any determination as to the quorum for meetings of the Authority or any of its committees or sub-committees must be made at a meeting of the Authority attended by the convener and at least 4 other members.
#### Delegation of functions
##### 14
- (1) Subject to sub-paragraph (2), the Authority may authorise—
- (a) any of its committees; or
- (b) any of its members of staff,
to perform on behalf of the Authority such of its functions as it may determine.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) A committee of the Authority may authorise—
- (a) any of its sub-committees; or
- (b) any of the Authority's members of staff,
to perform on behalf of the committee such of its functions as it may determine.
#### Incidental powers
##### 15
- (1) The Authority may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the carrying out of its functions, including in particular—
- (a) entering into contracts;
- (b) acquiring and disposing of property (whether heritable or moveable);
- (c) borrowing money;
- (d) forming or promoting (whether alone or with another) companies under the Companies Act 2006.
- (2) The power conferred by sub-paragraph (1)(b) includes power to accept—
- (a) gifts of money; and
- (b) gifts or loans of other property
on such terms as the Authority considers appropriate.
- (3) The Authority may not exercise the powers conferred by paragraphs (b) to (d) of sub-paragraph (1) without the consent of the Scottish Ministers.
- (4) Such consent may be given—
- (a) with respect to a particular case or a particular class of cases;
- (b) subject to such conditions as the Scottish Ministers consider appropriate.
#### Accounts
##### 16
- (1) The Authority must—
- (a) keep proper accounts and proper records in relation to the accounts; and
- (b) prepare a statement of accounts in respect of each financial year
in relation to each of the Authority and the Agency.
- (2) A statement of accounts under sub-paragraph (1) must be in such form and contain such information as the Scottish Ministers may direct.
- (3) The Authority must send a copy of each statement of accounts to the Scottish Ministers.
- (4) The Scottish Ministers must send a copy of each statement of accounts to the Auditor General of Scotland for auditing.
## SCHEDULE 2
#### The Director General
##### 1
- (1) The first Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Director of the Scottish Drug Enforcement Agency (“the old Agency”).
- (2) The first Director General holds office as Director General until the term of appointment as Director of the old Agency would have ended.
- (3) Each subsequent Director General —
- (a) is to be appointed by the Authority; and
- (b) holds office for a term of 3 years.
- (4) The Authority may extend the 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.
- (6) A person may be appointed as Director General only if the person satisfies any requirements that the Scottish Ministers may specify in regulations and—
- (a) holds the rank of deputy chief constable in a police force; or
- (b) is eligible to apply for a post of that rank.
- (7) Despite section 5(3) of the 1967 Act, a person referred to in sub-paragraph (6)(b) who is appointed as Director General is, by virtue of the appointment, promoted to the rank of deputy chief constable.
- (8) The Scottish Ministers may by order amend sub-paragraphs (6) and (7) so as to substitute for the rank for the time being specified there another rank.
- (9) In sub-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
##### 2
- (1) The first Deputy Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Deputy Director of the old Agency.
- (2) The first Deputy Director General holds office as Deputy Director General until the term of appointment as Deputy Director of the old Agency would have ended.
- (3) Each subsequent Deputy Director General—
- (a) is to be appointed by the Authority; and
- (b) holds office for a term of 3 years.
- (4) The Authority may extend the Deputy Director General's term of office by a single period not exceeding 3 years.
- (5) A person is disqualified from appointment, and from holding office, as Deputy Director General if that person is a member of the Authority.
- (6) A person may be appointed as Deputy Director General only if the person satisfies any requirements that the Scottish Ministers may specify in regulations and—
- (a) holds the rank of assistant chief constable in a police force; or
- (b) is eligible to apply for a post of that rank.
- (7) Despite section 5(3) of the 1967 Act, a person referred to in sub-paragraph (6)(b) who is appointed as Deputy Director General is, by virtue of the appointment, promoted to the rank of assistant chief constable.
- (8) The Scottish Ministers may by order amend sub-paragraphs (6) and (7) so as to substitute for the rank for the time being specified there another rank.
- (9) In sub-paragraphs (1) and (2), “*the old Agency*” has the meaning given by paragraph 1(1).
#### Termination or suspension of appointment of Director General and Deputy Director General
##### 3
- (1) Where the Authority has complied with sub-paragraphs (2) to (4) in relation to the Director General, it may call on the Director General to retire or to resign from office as Director General—
- (a) in the interests of efficiency or effectiveness; or
- (b) by reason of any misconduct by the Director General.
- (2) The Authority must give the Director General—
- (a) an explanation in writing of the grounds on which the Authority proposes to call upon the Director General to retire or resign as mentioned in sub-paragraph (1)(a) or (b); and
- (b) an opportunity to make representations to the Authority (including an opportunity to make them in person).
- (3) The Authority must consider any representations made by or on behalf of the Director General.
- (4) The Authority must consult the Scottish Ministers.
- (5) If the Director General is, under sub-paragraph (1), called upon to retire or resign, the Director General must retire or resign with effect from—
- (a) such date as the Authority may specify; or
- (b) such earlier date as may be agreed between the Director General and the Authority.
- (6) If the Authority considers that it is necessary for the maintenance of public confidence in the Agency to do so, the Authority may, after consulting the Scottish Ministers, suspend the Director General from duty.
- (7) Nothing in this paragraph affects any power of the Authority to terminate or suspend the Director General's appointment in accordance with the terms and conditions of that appointment.
- (8) Sub-paragraphs (1) to (7) apply in relation to the Deputy Director General as they apply in relation to the Director General.
#### Director General and Deputy Director General: common provisions
##### 4
- (1) A person appointed as Director General or Deputy Director General—
- (a) is, subject to paragraph 9(1), appointed on such terms and conditions as the Scottish Ministers may specify;
- (b) is by virtue of the appointment a member of the staff of the Authority;
- (c) is, if immediately before appointment a constable of a police force, engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(bf) of the 1967 Act;
- (d) in any other case—
- (i) is, on appointment, appointed to the office of constable of the Agency; and
- (ii) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine covering the proper discharge of the duties of the office.
- (2) Without prejudice to any other enactment conferring powers on constables for particular purposes, where the Director General or Deputy Director General makes a declaration such as is mentioned in sub-paragraph (1)(d)(ii), the Director General or (as the case may be) the Deputy Director General has all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.
- (3) In sub-paragraph (2)—
- “*powers*” includes powers under any enactment, whenever passed or made;
- “*United Kingdom waters*” means the sea and other waters within the seaward limits of the territorial sea;
and in that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.
#### Remuneration and pensions of Director and Deputy Director
##### 5
- (1) Subject to paragraph 9(1), the Authority must pay to the Director General and Deputy Director General such remuneration, allowances and expenses as the Scottish Ministers determine.
- (2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Director General or the Deputy Director General as the Scottish Ministers determine.
- (3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
- (4) The arrangements mentioned in sub-paragraph (2) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
#### Delegation of Director General’s functions
##### 6
- (1) The Deputy Director General may carry out any of the functions of the Director General under this Act or any other enactment—
- (a) during any absence, incapacity or suspension from duty of the Director General; or
- (b) during any vacancy in the office of Director General.
- (2) Anything authorised or required to be done by the Director General may be done by any other member of the Agency who is authorised for the purpose by the Director General (whether generally or specifically).
- (3) Sub-paragraph (2) does not apply to anything authorised or required to be done by the Director General under—
- (a) Part III of the Police Act 1997 (c. 50) (authorisation of action in respect of property); or
- (b) the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11).
#### Police members
##### 7
- (1) The police members of the Agency are to be appointed by the Authority.
- (2) A person may be appointed under sub-paragraph (1) only if—
- (a) the person is a constable who is seconded to the Authority under paragraph 10(2) of schedule 1;
- (b) the person is a person who is seconded to the Authority under paragraph 10(3) of schedule 1; or
- (c) the person has any qualifications for appointment as a constable which are specified in regulations under section 23 and the appointment is to a police rank in the Agency.
- (3) A police member of the Agency appointed by virtue of sub-paragraph (2)(a)—
- (a) is engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(be) of the 1967 Act;
- (b) does not, by virtue of the appointment, cease to be a member of staff of the Authority.
- (4) A police member of the Agency appointed by virtue of sub-paragraph (2)(b)—
- (a) does not, by virtue of the appointment, cease to be a member of staff of the Authority;
- (b) is, on appointment, appointed to the office of constable of the Agency; and
- (c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.
- (5) A police member of the Agency appointed by virtue of sub-paragraph (2)(c)—
- (a) becomes, on appointment, a member of staff of the Authority;
- (b) is, on appointment, appointed to the office of constable of the Agency; and
- (c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.
- (6) Without prejudice to any other enactment conferring powers on constables for particular purposes, where a police member of the Agency makes a declaration such as is mentioned in sub-paragraph (4)(c) or (5)(c), the member shall have all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.
- (7) Subject to section 23 and paragraph 9(1) of this schedule, an appointment in accordance with this paragraph is made on such terms and conditions as the Authority may determine.
- (8) A determination under sub-paragraph (7) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.
- (9) Before making an appointment in accordance with this paragraph, or determining the terms and conditions on which such an appointment is to be made, the Authority must consult the Director General of the Agency.
- (10) In sub-paragraph (6)—
- “*powers*” includes powers under any enactment, whenever passed or made;
- “*United Kingdom waters*” means the sea and other waters within the seaward limits of the territorial sea;
and that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.
#### Support staff members
##### 8
- (1) The Authority may appoint support staff members of the Agency.
- (2) A person may be appointed under sub-paragraph (1) only if the person is by virtue of paragraph 10(1) of schedule 1 an employee of the Authority.
- (3) A person appointed under sub-paragraph (1) does not, by virtue of that appointment, cease to be a member of staff of the Authority.
#### Supplementary
##### 9
- (1) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it as they think fit (subject to such modifications as they consider appropriate) to the Director General, the Deputy Director General and police members of the Agency.
- (2) Before making an order under sub-paragraph (1) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—
- (a) submit a draft to the Police Advisory Board for Scotland; and
- (b) consider any representations made by the Board as to the draft.
## SCHEDULE 3
## Part 1 — Staff transfers to the Authority and the Agency
#### Interpretation
##### 1
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.
#### Staff transfer orders
##### 2
- (1) The Scottish Ministers may by order (a “staff transfer order”) make provision for or in connection with—
- (a) the transfer of persons employed, by virtue of section 9 of the 1967 Act (employees other than constables), by police authorities or joint police boards from any such authority or board to the Authority;
- (b) the transfer of constables from police forces to relevant service;
- (c) the transfer of constables from central service to relevant service.
- (2) A staff transfer order may in particular—
- (a) prescribe rules by which the transfer of persons, or classes of person, specified in the order can be determined;
- (b) provide that persons, or classes of person, so specified are to become members of the Agency.
- (3) Where a staff transfer order makes provision such as is mentioned in paragraph (a) of sub-paragraph (1), the order may include provision requiring the police authority or joint police board concerned to make a scheme in relation to the transfer of the staff to whom the order relates.
- (4) Where a staff transfer order makes provision such as is mentioned in paragraph (b) of sub-paragraph (1), the order may include provision requiring the maintaining authority for the police force concerned to make a scheme in relation to the transfer of the staff to whom the order relates.
- (5) For the purposes of sub-paragraph (4), the maintaining authority in relation to a police force is—
- (a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;
- (b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.
- (6) Where a staff transfer order makes provision such as is mentioned in paragraph (c) of sub-paragraph (1), the Scottish Ministers must make a scheme in relation to the transfer of the staff to whom the order relates.
- (7) A staff transfer order may include provision requiring a scheme made by virtue of sub-paragraph (4) to include provision as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.
- (8) Terms and conditions such as are mentioned in sub-paragraph (7) may be included in a scheme only with the approval of the Scottish Ministers.
- (9) A scheme made under sub-paragraph (6) may include provision—
- (a) for central service to have effect from a time specified in the scheme as relevant service;
- (b) as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.
#### Consultation
##### 3
- (1) Before making a staff transfer order, the Scottish Ministers must consult—
- (a) the Authority; and
- (b) if the order includes—
- (i) provision transferring constables to relevant service falling within section 38A(1)(be) of the 1967 Act; or
- (ii) provision such as is mentioned in paragraph 2(2)(b),
the Director General of the Agency.
- (2) Before making a scheme by virtue of paragraph 2(3), the police authority or joint police board concerned must consult the Authority.
- (3) Before making a scheme by virtue of paragraph 2(4), the police authority or joint police board concerned must consult—
- (a) the Authority; and
- (b) if the scheme includes provision for or in connection with the transfer of constables to relevant service within the meaning of section 38A(1)(be) of the 1967 Act, the Director General of the Agency.
#### Effect on existing contracts of employment
##### 4
- (1) This paragraph applies where—
- (a) a person is to be transferred by virtue of a staff transfer order under paragraph 2; and
- (b) immediately before the transfer day, the person has a contract of employment with a police authority or joint police board (the “employer”).
- (2) On and after the transfer day the contract of employment has effect as if originally made between the person and the Authority.
- (3) On the transfer day the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of the person are transferred to the Authority.
- (4) Anything done before the transfer day by or in relation to the employer in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to the Authority.
- (5) If, before the transfer day, the person gives notice to the Authority or the person's employer that the person objects to becoming a member of staff of the Authority—
- (a) the contract of employment with the employer is, on the day immediately preceding the day that would, but for the objection, have been the transfer day, terminated; and
- (b) the person is not to be treated (whether for the purpose of any enactment or otherwise) as having been dismissed by virtue of the giving of such notice.
- (6) Nothing in this schedule prejudices any right of the person to terminate the contract of employment if a substantial detrimental change in the person's working conditions is made.
- (7) The person has the right to terminate the contract of employment by virtue of the employer's identity changing by virtue of the making of the staff transfer order only if it is shown that, in all the circumstances, the change is—
- (a) significant; and
- (b) detrimental
to the person.
## Part 2 — Transfer of property, rights and liabilities to the Authority
#### Interpretation
##### 5
In this Part, “*local authority*” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
#### Transfer of property, rights and liabilities
##### 6
- (1) The Scottish Ministers may make a transfer scheme.
- (2) A transfer scheme is a scheme making provision for or in connection with the transfer to the Authority of property, rights and liabilities of any of the following—
- (a) a police authority;
- (b) a joint police board;
- (c) a local authority;
- (d) the Scottish Ministers;
- (e) any other person.
- (3) A transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights or liabilities relate to the functions of the Agency (as specified in section 2(2)) or the police support services.
- (4) A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect; and different dates may be specified in relation to different property, rights or liabilities.
- (5) On the transfer date—
- (a) any property or rights to which a transfer scheme applies transfer to and vest in the Authority; and
- (b) any liabilities to which such a scheme applies become liabilities of the Authority.
- (6) A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights or liabilities transferred by virtue of the scheme.
- (7) A certificate issued by the Scottish Ministers that any property, right or liability has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.
- (8) A transfer scheme may in particular make provision about the continuation of legal proceedings.
- (9) A transfer scheme may make provision for the Authority to make any payment which—
- (a) before a day specified in the scheme could have been made by any of the persons specified in paragraphs (a) to (e) of sub-paragraph (2); but
- (b) is not a liability which can become a liability of the Authority by virtue of a transfer scheme.
- (10) A transfer scheme may make provision for the payment by the Authority of compensation in respect of property and rights transferred by virtue of the scheme.
- (11) Before making a transfer scheme, the Scottish Ministers must consult—
- (a) the Authority;
- (b) any police authority, joint police board, local authority or other person whose property, rights and liabilities (or any of them) are to be transferred by virtue of the scheme.
## SCHEDULE 4
#### Status
##### 1
- (1) The Commissioner—
- (a) is not a servant or agent of the Crown; and
- (b) has no status, immunity or privilege of the Crown.
- (2) The Commissioner's property is not property of, or property held on behalf of, the Crown.
#### Limitations on appointment
##### 2
- (1) A person is disqualified for appointment to the office of Commissioner if the person—
- (a) is or has been a member of—
- (i) the House of Lords;
- (ii) the House of Commons;
- (iii) the Scottish Parliament;
- (iv) the European Parliament; or
- (v) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
- (b) is or has been a constable of 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);
- (ii) the metropolitan police force or of the City of London police force;
- (iii) the Police Service of Northern Ireland;
- (iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);
- (v) the British Transport Police Force;
- (vi) the Civil Nuclear Constabulary;
- (vii) the States of Jersey Police Force;
- (viii) the salaried police force of the Island of Guernsey; or
- (ix) the Isle of Man Constabulary;
- (d) is or has been—
- (i) a special constable appointed under section 27 of the Police Act 1996 (c. 16);
- (ii) a member of the Police Service of Northern Ireland Reserve;
- (iii) a member of the Ministry of Defence Police by virtue of section 1(1)(b) of the Ministry of Defence Police Act 1987 (c. 4);
- (iv) a special constable of the British Transport Police Force; or
- (v) a member of any force of special constables established for the States of Jersey, the Island of Guernsey or the Isle of Man;
- (e) is or has been a member of staff of the Authority;
- (f) is a lay member (within the meaning given by paragraph 1 of schedule 1);
- (g) is or has been employed, by virtue of section 9 of the 1967 Act (employees other than constables) by a police authority or a joint police board;
- (h) has been a member of—
- (i) the National Criminal Intelligence Service or;
- (ii) the National Crime Squad; or
- (i) is or has been a member of the Serious Organised Crime Agency.
- (2) The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.
- (3) A person who has previously been appointed to the office of Commissioner is not eligible to be appointed again, except in accordance with sub-paragraph (4).
- (4) A person holding office as Commissioner may be reappointed on the expiry of the person's period of appointment, but only if—
- (a) the person has not previously been reappointed to the office; and
- (b) the Scottish Ministers consider that, by reason of special circumstances, it is desirable in the public interest.
#### Tenure and removal from office
##### 3
- (1) Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.
- (2) The period of a person's appointment as Commissioner is—
- (a) in the case of a first appointment, 3 years; and
- (b) in the case of a reappointment, 2 years.
- (3) A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.
- (4) The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.
- (5) Those grounds are—
- (a) the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;
- (b) the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);
- (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) or under the Company Directors Disqualification (Northern Ireland) Order 2002;
- (f) the person has acted improperly in relation to the person's duties;
- (g) the person is otherwise unable or unfit to perform the person's duties.
#### Remuneration
##### 4
The Commissioner is entitled to—
- (a) a salary of such amount; and
- (b) such allowances
as the Scottish Ministers determine.
#### Pensions etc.
##### 5
- (1) The Scottish Ministers may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to hold office as the Commissioner.
- (2) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
- (3) The arrangements mentioned in sub-paragraph (1) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
#### Vacancy in office of Commissioner
##### 6
- (1) The Scottish Ministers may appoint a person (who may be a member of the Commissioner's staff) to carry out the functions of the Commissioner during a period in which the office is vacant (an “acting Commissioner”).
- (2) A person who is disqualified for appointment to the office of Commissioner is also disqualified for appointment as an acting Commissioner.
- (3) A person appointed to be acting Commissioner—
- (a) may, by written notice to the Scottish Ministers, resign at any time;
- (b) may be dismissed by the Scottish Ministers at any time;
- (c) in other respects, holds appointment on such terms and conditions as the Scottish Ministers may determine.
- (4) While holding appointment as acting Commissioner, a person is to be treated as the Commissioner for all purposes other than those of paragraphs 3, 4 and 5.
#### Staff
##### 7
- (1) The Commissioner may appoint such staff as the Commissioner considers appropriate.
- (2) Members of staff are to be appointed on such terms and conditions as the Commissioner determines.
- (3) The Commissioner must pay to members of the Commissioner's staff such remuneration, allowances and expenses as the Commissioner determines.
- (4) The Commissioner may pay or make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff.
- (5) The reference in sub-paragraph (4) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of employment.
- (6) The arrangements mentioned in sub-paragraph (4) may include—
- (a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and
- (b) the establishment and administration of pension schemes.
- (7) The Commissioner may make such other arrangements for staffing as the Commissioner thinks fit.
- (8) Paragraph 1(1) applies to staff appointed under this paragraph as it applies to the Commissioner.
#### General powers
##### 8
The Commissioner may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the carrying out of the Commissioner's functions, including—
- (a) entering into contracts; and
- (b) acquiring and disposing of property.
#### Financial provision
##### 9
- (1) The Scottish Ministers are to pay—
- (a) the salary and allowances of the Commissioner; and
- (b) any sums payable by virtue of paragraph 6(3)(c) to, or in respect of, a person who is appointed, or has ceased to hold office, as acting Commissioner.
- (2) The Scottish Ministers are to pay to the Commissioner such sums as they consider appropriate to enable the Commissioner to fulfil the Commissioner's functions.
- (3) The Commissioner is not to borrow money unless authorised to do so (whether generally or specially) by the Scottish Ministers.
#### Accounts
##### 10
The Commissioner must, in accordance with such directions as the Scottish Ministers may give—
- (a) keep proper accounting records and accounts;
- (b) prepare annual accounts for each financial year;
- (c) send a copy of the annual accounts to the Auditor General for Scotland for auditing.
#### Provision of information
##### 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.
- (1) The Commissioner must provide the Scottish Ministers with all such information and documents as appear to them to be required for the purposes of satisfying themselves that the Commissioner is carrying out the Commissioner's functions efficiently and effectively.
- (2) Nothing in this paragraph requires or authorises the provision of any information or document relating to a particular investigation carried out by the Commissioner on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A (unless the appropriate prosecutor consents to disclosure of the information or document).
## SCHEDULE 5
@@ -4269,65 +3627,7 @@
##### 1
- (1) The 1967 Act is modified as follows.
- (2) In section 17(8) (section to be without prejudice to other enactments conferring power on constables), the words “to section 18 of this Act, and” are repealed.
- (3) Section 26(2C) (requirement of discipline regulations to specify starting point of disciplinary proceedings for purpose of examination by inspectors of constabulary) is repealed.
- (4) In section 38 (temporary service outside police force on police duties)—
- (a) in subsection (3A)—
- (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
- (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.
.
- (5) In section 38A (constable engaged on service outside force)—
- (a) in subsection (1)—
- (i) in paragraph (b), the words “on which a person is engaged with the consent of the appropriate authority” are repealed;
- (ii) after paragraph (bc) there is inserted—
> (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) 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 ”;
- (b) after subsection (5) there is inserted—
> (5A) If, when engaged on relevant service to which subsection (1)(bf) applies, a person is promoted by virtue of paragraph 1(7) or 2(7) of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, paragraphs (a) and (b) of subsection (5) of this section apply as if the person had been promoted in his police force.
;
- (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.
- (7) Section 40A (which makes provision for the examination by inspectors of constabulary of the handling of complaints against constables) is repealed.
- (8) In section 41(1) (assaults on constables etc.), paragraph (i) and, in paragraph (ii), the words “where he has, within the first-mentioned period, been convicted of an offence against this section,” are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The Criminal Justice Act 1988 (c. 33)
@@ -4491,7 +3791,7 @@
##### 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 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The Regulation of Investigatory Powers Act 2000 (c. 23)
@@ -4652,25 +3952,13 @@
##### 11
In schedule 1 to the Freedom of Information (Scotland) Act 2002 (public authorities subject to requirements to provide information)—
- (a) there is inserted after the entry numbered 52 the following entry—
> (52A) The Scottish Police Services Authority, but only in respect of information relating to the provision of the police support services within the meaning of section 3(2) of the Police, Public Order and Criminal Justice (Scotland) Act 2006.
; and
- (b) there is inserted after the entry numbered 75 the following entry—
> (75A) The Police Complaints Commissioner for Scotland.
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
##### 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)
@@ -4782,7 +4070,7 @@
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
@@ -4792,6 +4080,332 @@
#### Powers and duties of local authorities
#### Interpretation of Chapter 2
#### 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”
### ...
### Status
### Membership
### Deputy convener
### Tenure
### Removal from office
### Members to ensure Authority is run efficiently and effectively
### Remuneration and pensions of convener and lay members
### Chief Executive
### Staff of the Authority
### Remuneration and pensions of staff
### Committees and sub-committees
### Procedure
### Delegation of functions
### Incidental powers
### Accounts
### ...
### The Deputy Director General
### Termination or suspension of appointment of Director General and Deputy Director General
### Director General and Deputy Director General: common provisions
### Remuneration and pensions of Director and Deputy Director
### Delegation of Director General's functions
### Police members
### Support staff members
### Supplementary
### Interpretation
### Staff transfer orders
### Consultation
### Effect on existing contracts of employment
### Interpretation
### Transfer of property, rights and liabilities
### Status
### Limitations on appointment
### Tenure and removal from office
### Remuneration
### Pensions etc.
### Vacancy in office of Commissioner
### Staff
### General powers
### Financial provision
### Accounts
### Provision of information
### The Police (Scotland) Act 1967 (c. 77)
### The Criminal Justice Act 1988 (c. 33)
### The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)
### The Criminal Procedure (Scotland) Act 1995 (c. 46)
### The Police Act 1996 (c. 16)
### The Police Act 1997 (c. 50)
### The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
### The Regulation of Investigatory Powers Act 2000 (c. 23)
### The Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
### The Scottish Public Services Ombudsman Act 2002 (asp 11)
### The Freedom of Information (Scotland) Act 2002 (asp 13)
### The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
### The Serious Organised Crime and Police Act 2005 (c. 15)
### The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 (S.S.I. 2000/343)
## Editorial notes
[^c21042671]: S. 35 wholly in force at 1.4.2007; s. 35 not in force at Royal Assent see s. 104; s. 35 in force at 1.1.2007 for specific purposes 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); s. 35 in force so far as not already in force at 1.4.2007 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)
[^c21042681]: S. 36 wholly in force at 1.4.2007; s. 36 not in force at Royal Assent see s. 104; s. 36 in force at 1.1.2007 for specific purposes 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); s. 36 in force so far as not already in force at 1.4.2007 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)
[^c21042711]: S. 38 wholly in force at 1.4.2007; s. 38 not in force at Royal Assent see s. 104; s. 38(4) 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); s. 38 in force so far as not already in force at 1.4.2007 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)
[^c21042721]: S. 39 wholly in force at 1.4.2007; s. 39 not in force at Royal Assent see s. 104; s. 39 in force at 1.1.2007 for specific purposes 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); s. 39 in force so far as not already in force at 1.4.2007 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)
[^c21042731]: S. 44 wholly in force at 1.4.2007; s. 44 not in force at Royal Assent see s. 104; s. 44 in force at 1.1.2007 for specified purposes 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); s. 44 in force so far as not already in force at 1.4.2007 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)
[^c21044461]: Words in [s. 53(2)(a)](https://www.legislation.gov.uk/asp/2006/10/section/53/2/a) repealed (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 104(4)](https://www.legislation.gov.uk/ukpga/2009/26/section/104/4), [112](https://www.legislation.gov.uk/ukpga/2009/26/section/112), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1), [Sch. 8 Pt. 11](https://www.legislation.gov.uk/ukpga/2009/26/schedule/8/part/11); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(o)](https://www.legislation.gov.uk/uksi/2010/507/article/5/o) (with [art. 6](https://www.legislation.gov.uk/uksi/2010/507/article/6))
[^c21043501]: [S. 55(3)(aa)](https://www.legislation.gov.uk/asp/2006/10/section/55/3/aa) inserted (1.4.2007) by [The Football Banning Orders (Regulated Football Matches) (Scotland) Order 2007 (S.S.I. 2007/125)](https://www.legislation.gov.uk/ssi/2007/125), [art. 2](https://www.legislation.gov.uk/ssi/2007/125/article/2)
[^c21044471]: Words in [s. 66(1)](https://www.legislation.gov.uk/asp/2006/10/section/66/1) substituted (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 104(5)](https://www.legislation.gov.uk/ukpga/2009/26/section/104/5), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(o)](https://www.legislation.gov.uk/uksi/2010/507/article/5/o) with art. 6)
[^c21044511]: [S. 68(1)(2)(5)](https://www.legislation.gov.uk/asp/2006/10/section/68/1/2/5) extended to E. W. and N.I. (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 106(1)(a)](https://www.legislation.gov.uk/ukpga/2009/26/section/106/1/a), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(o)](https://www.legislation.gov.uk/uksi/2010/507/article/5/o) (with [art. 6](https://www.legislation.gov.uk/uksi/2010/507/article/6))
[^c21042781]: [S. 70](https://www.legislation.gov.uk/asp/2006/10/section/70) wholly in force at 1.4.2007; [s. 70](https://www.legislation.gov.uk/asp/2006/10/section/70) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 70](https://www.legislation.gov.uk/asp/2006/10/section/70) 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)](https://www.legislation.gov.uk/ssi/2007/48/article/3/3) (with [arts. 5](https://www.legislation.gov.uk/ssi/2007/48/article/5), [6](https://www.legislation.gov.uk/ssi/2007/48/article/6))
[^c21042791]: [S. 71](https://www.legislation.gov.uk/asp/2006/10/section/71) wholly in force at 1.4.2007; [s. 71](https://www.legislation.gov.uk/asp/2006/10/section/71) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 71](https://www.legislation.gov.uk/asp/2006/10/section/71) 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)](https://www.legislation.gov.uk/ssi/2007/48/article/3/3) (with [arts. 5](https://www.legislation.gov.uk/ssi/2007/48/article/5), [6](https://www.legislation.gov.uk/ssi/2007/48/article/6))
[^c21042821]: [S. 72](https://www.legislation.gov.uk/asp/2006/10/section/72) wholly in force at 1.4.2007; [s. 72](https://www.legislation.gov.uk/asp/2006/10/section/72) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 72](https://www.legislation.gov.uk/asp/2006/10/section/72) 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)](https://www.legislation.gov.uk/ssi/2007/48/article/3/3) (with [arts. 5](https://www.legislation.gov.uk/ssi/2007/48/article/5), [6](https://www.legislation.gov.uk/ssi/2007/48/article/6))
[^c21042881]: [S. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) wholly in force at 12.6.2007; [s. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) in force at 1.1.2007 for specified purposes 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); [s. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) in force at 25.2.2007 for specified purposes by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art 3(1)(a)](https://www.legislation.gov.uk/ssi/2007/84/article/3/1/a); [S. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) in force so far as not already in force at 12.6.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84). {art. 3(4)(a)}
[^c21042891]: [S. 85](https://www.legislation.gov.uk/asp/2006/10/section/85) wholly in force at 12.6.2007; [s. 85](https://www.legislation.gov.uk/asp/2006/10/section/85) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 85(3)](https://www.legislation.gov.uk/asp/2006/10/section/85/3) 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); [s. 85(1)(2)](https://www.legislation.gov.uk/asp/2006/10/section/85/1/2) in force at 12.6.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(4)(b)](https://www.legislation.gov.uk/ssi/2007/84/article/3/4/b)
[^c21042921]: [S. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) wholly in force at 25.2.2007; [s. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) in force at 1.1.2007 for specified purposes 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); [s. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) in force at 25.2.2007 insofar as not already in force by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(1)(b)](https://www.legislation.gov.uk/ssi/2007/84/article/3/1/b)
[^c21043161]: [S. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) wholly in force at 1.4.2007; [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) in force at 1.9.2006 for specified purposes by [S.S.I. 2006/432](https://www.legislation.gov.uk/ssi/2006/432), [art. 2(g)](https://www.legislation.gov.uk/ssi/2006/432/article/2/g); [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) in force at 1.1.2007 for specified purposes 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); [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) 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)
[^c21044251]: [S. 104(1)](https://www.legislation.gov.uk/asp/2006/10/section/104/1) power partly exercised: 1.9.2006 appointed for specified provisions by [S.S.I. 2006/432](https://www.legislation.gov.uk/ssi/2006/432), [art. 2](https://www.legislation.gov.uk/ssi/2006/432/article/2); 1.1.2007 appointed for specified provisions 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); different dates appointed for specified provisions by {[S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84)}, (with saving and transitional provisions in arts. 4-6)
[^c21044441]: Words in Sch. 4 para. 3(5)(e) substituted (1.10.2009) by [The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941)](https://www.legislation.gov.uk/uksi/2009/1941), [art. 2(1)](https://www.legislation.gov.uk/uksi/2009/1941/article/2/1), [Sch. 1 para. 261(3)](https://www.legislation.gov.uk/uksi/2009/1941/schedule/1/paragraph/261/3) (with [art. 10](https://www.legislation.gov.uk/uksi/2009/1941/article/10))
[^c21043231]: Sch. 6 para. 5 wholly in force at 1.4.2007; Sch. 6 para. 5 not in force at Royal Assent see s. 104; Sch. 6 para. 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 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)
[^c21043371]: Words in Sch. 6 para. 5(2) (in the inserted s. 60[A of the Police Act 1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16)) substituted (31.3.2007) by [The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260)](https://www.legislation.gov.uk/ssi/2007/260), [art. 2(3)(a)](https://www.legislation.gov.uk/ssi/2007/260/article/2/3/a)
[^c21043401]: Words in Sch. 6 para. 5(2) (in the inserted s. 60[A of the Police Act 1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16)) substituted (31.3.2007) by [The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260)](https://www.legislation.gov.uk/ssi/2007/260), [art. 2(3)(b)](https://www.legislation.gov.uk/ssi/2007/260/article/2/3/b)
[^key-4edf719f795f754e6bd70344b2cc0599]: Words in s. 67(3) substituted (1.10.2011) by [The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085)](https://www.legislation.gov.uk/uksi/2011/2085), [art. 1(2)](https://www.legislation.gov.uk/uksi/2011/2085/article/1/2), [Sch. 1 para. 65](https://www.legislation.gov.uk/uksi/2011/2085/schedule/1/paragraph/65)
[^key-7dd40e6f48813ff020f18b08e859e520]: Words in s. 87(6) substituted (1.10.2011) by [The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085)](https://www.legislation.gov.uk/uksi/2011/2085), [art. 1(2)](https://www.legislation.gov.uk/uksi/2011/2085/article/1/2), [Sch. 1 para. 65](https://www.legislation.gov.uk/uksi/2011/2085/schedule/1/paragraph/65)
[^key-68ef557acb894c343c6e8857f008b287]: S. 41B inserted (1.10.2012) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 64](https://www.legislation.gov.uk/asp/2012/8/section/64), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2012/253](https://www.legislation.gov.uk/ssi/2012/253), [art. 2](https://www.legislation.gov.uk/ssi/2012/253/article/2), [sch.](https://www.legislation.gov.uk/ssi/2012/253/schedule)
[^key-4757bbf77c204895920d9a70fec73141]: S. 41D inserted (1.10.2012) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 66](https://www.legislation.gov.uk/asp/2012/8/section/66), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2012/253](https://www.legislation.gov.uk/ssi/2012/253), [art. 2](https://www.legislation.gov.uk/ssi/2012/253/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2012/253/schedule) (with [art. 6](https://www.legislation.gov.uk/ssi/2012/253/article/6))
[^key-3dd133b1c5c7a9a1a8d07af9900450f3]: Word in [s. 103(4)(a)](https://www.legislation.gov.uk/asp/2006/10/section/103/4/a) repealed (15.2.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(15)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/15/a); [S.S.I. 2013/47](https://www.legislation.gov.uk/ssi/2013/47), [art. 2](https://www.legislation.gov.uk/ssi/2013/47/article/2) (with [art. 3](https://www.legislation.gov.uk/ssi/2013/47/article/3))
[^key-a3da9885d856cb94379c9e78626fe40d]: Words in [s. 103(4)(a)](https://www.legislation.gov.uk/asp/2006/10/section/103/4/a) inserted (15.2.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(15)(b)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/15/b); [S.S.I. 2013/47](https://www.legislation.gov.uk/ssi/2013/47), [art. 2](https://www.legislation.gov.uk/ssi/2013/47/article/2) (with [art. 3](https://www.legislation.gov.uk/ssi/2013/47/article/3))
[^key-1cd82cb87abd95845781ca30bed48ff5]: Pt. 1 Ch. 2 modified (1.4.2013) by [The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order 2013 (S.S.I. 2013/121)](https://www.legislation.gov.uk/ssi/2013/121), [arts. 1(1)](https://www.legislation.gov.uk/ssi/2013/121/article/1/1), [16](https://www.legislation.gov.uk/ssi/2013/121/article/16)
[^key-c6ec97704b45b8b1c28d50cadd950ce5]: Sch. 4 paras. 7A, 7B and cross-headings inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(c)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/c); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-6b865c95b9b3bd1760510b04db2510a1]: Sch. 4 heading substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(16)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/16); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-541eca71b7f5418b2d2f1afb3cc5160e]: Ss. 1-32 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-7feeaf09a786a256824802f6e846f660]: Schs. 1-3 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-d5ce92904e75debd0f84a893726710c0]: S. 33A inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 62](https://www.legislation.gov.uk/asp/2012/8/section/62), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-148e1f449ac5f16da47ac64b85ea6eca]: S. 41A and cross-heading inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 63](https://www.legislation.gov.uk/asp/2012/8/section/63), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-ea869be2683fd647100152548461e3dd]: S. 41C inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 65](https://www.legislation.gov.uk/asp/2012/8/section/65), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-f9f6e2dbac5c48b8031bf72eacac3e7d]: S. 41E inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 67](https://www.legislation.gov.uk/asp/2012/8/section/67), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-f98c0a17c1b871725f6a66c0020be267]: S. 41F inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 68](https://www.legislation.gov.uk/asp/2012/8/section/68), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-6d973f5755c882efc35ad7b88f1f16a2]: S. 42A inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 69](https://www.legislation.gov.uk/asp/2012/8/section/69), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-78a174516d7c2848aa258822f365613a]: S. 46A inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 70](https://www.legislation.gov.uk/asp/2012/8/section/70), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-cf07cf9dfb972a13f37af72dfc2fd1ce]: Ss. 48-50 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-2065a37140436b639012b33a48466cbb]: S. 40A inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(5)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/5); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-69e224555501c16f4b3ae264bf1dc9db]: S. 33 heading substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 61(2)(b)](https://www.legislation.gov.uk/asp/2012/8/section/61/2/b), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-1340bf6427f3a567a25d0d42bdafe7f1]: Words in s. 33(1) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 61(2)(c)](https://www.legislation.gov.uk/asp/2012/8/section/61/2/c), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^M_F_ba4642dc-c233-4a60-b582-faf99501d28d]: S. 33 cross-heading substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), ss. 61(2)(a) , [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-93419d58db0f457ee6d7e97fe73f9b4e]: S. 34(2A) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8) , [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) , [Sch. 7 para. 33(2)(c)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/2/c) ; [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51) , [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-fc7113985156104d3130ac2337a30b36]: Word in s. 34(1) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8) , [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) , [Sch. 7 para. 33(2)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/2/a) ; [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51) , [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-054f05d342e3b3916f4f5d8aeaeb361f]: Words in s. 34(2) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8) , [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) , [Sch. 7 para. 33(2)(b)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/2/b/i) ; [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51) , [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-c017c7680ae17ce4daefcd3dd4e8aa6a]: S. 34(2)(a)(b) substituted for s. 34(2)(a)-(e) (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8) , [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) , [Sch. 7 para. 33(2)(b)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/2/b/ii) ; [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51) , [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-adaadfd8fd1a9a30b4c2b6a3f009aec3]: S. 34(7) repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8) , [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) , [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1) ; [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51) , [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-62d37001272d765e07def058140dbd95]: S. 35(3)(c) and word inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(3)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/3/a); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-dd1d711871718023993ee25703a93a37]: Words in s. 35(8)(b) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(3)(b)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/3/b); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-1bb8378bfd25c5bee3ebb2ea8ceb84d5]: Words in s. 35(10) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(3)(c)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/3/c); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-897e02ad21b01820a81ceee66238b410]: S. 36(1A) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(4)(b)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/4/b); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-31738f07c711c29476cbade85588bcde]: Words in s. 36(1) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(4)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/4/a); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-9cbef0fd25662eb64a8d17becc200e0b]: S. 41(1)(a)(b) substituted for s. 41(1)(a)-(j) (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(6)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/6); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-266461da5210e634407a01c752560139]: S. 41(2)-(5) repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-99d3fa191e562d2160bcf3e1997e1ce1]: S. 42 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-93d5d251e4aba2312524298af338e989]: S. 43(8) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(7)(c)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/7/c); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-b12f4cb31a616a7e44e39812d7cbfaff]: Word in s. 43(4) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(7)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/7/a); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-65cb9002ffd3ccebc4d3de8a297fde88]: Words in s. 43(6)(a) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(7)(b)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/7/b/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-acec17925080acd3d19e76148807fb8d]: Words in s. 43(6)(b) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(7)(b)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/7/b/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-dbfd4f846ea8766150829bef917567d1]: Words in s. 44(1) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(8)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/8/a); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-2e0eb31630d5ddad0adceed4fc2065d4]: Words in s. 44(2) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(8)(b)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/8/b/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-cdc6c558a527f5b2d2279c5f78d2abac]: Words in s. 44(2)(a) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(8)(b)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/8/b/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-2717a250b88ce48b303c2d8803007726]: Words in s. 44(3) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(8)(c)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/8/c); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-b7dd869ce123ea08d3330b998aeace24]: Words in s. 44(4) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(8)(d)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/8/d/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-af0fda2fb92a5509dbe0212e5924a244]: Words in s. 44(4) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(8)(d)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/8/d/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-0aab11f905540a8eb36079fd2f70f249]: Words in s. 45(1)(a) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(9)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/9/a); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-a466ef138931a8497a03a9361a6e5e00]: S. 45(2)(a) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(9)(b)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/9/b); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-012168375ba1c855298d76ec23ccdc7d]: S. 46(6) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(10)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/10); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-facbbbac6f279ee1403171bcfa48de03]: S. 47 substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(11)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/11); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-b489d32aec44f3671108b64f139e477b]: Word in s. 47 substituted (1.4.2013) by [The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119)](https://www.legislation.gov.uk/ssi/2013/119), [art. 1](https://www.legislation.gov.uk/ssi/2013/119/article/1), [Sch. 1 para. 21](https://www.legislation.gov.uk/ssi/2013/119/schedule/1/paragraph/21)
[^key-eda2611de9d19a16ea7fce849e8ba5fe]: Words in s. 52(1) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(12)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/12/a); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-53293f9c81197fe911aac0d9a8f7291f]: S. 52(1)(a)(b) repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(12)(b)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/12/b); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-bb98bb42fd644367c35ade9fac320373]: Words in s. 57(3)(b) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(13)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/13/a); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-4d9031bea95e0e6ccbcf07039acb6bc6]: S. 57(3)(c)(d) repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(13)(b)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/13/b); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-37554a6708b8d34755d274de9725dd01]: Words in s. 69(1) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(14)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/14); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-35a5b8f79e36a0a739aa65824bde4346]: Words in s. 99 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-b3bc6c0fee096eafe95dd5cb387d2187]: Words in Sch. 4 para. 2(1)(b) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-1cf86f822bbcb4279d23ddd6296cf798]: Sch. 4 para. 2(1)(da) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-7889ac3a7cb8bbc6850a86e4b7b7e846]: Words in Sch. 4 para. 2(1)(e) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(iii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/iii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-b4e95a8c982b08355e4c9339ed8c84bc]: Words in Sch. 4 para. 2(1)(g) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(iv)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/iv); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-3d5873520777a75ea362b5630bed1008]: Sch. 4 para. 2(1)(f) repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-9392e528aa9c5d5cea0fa9a5bb0c6a08]: Figure in Sch. 4 para. 3(2)(a) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(b)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/b/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-f39f7a7912c55fb562d3612b0a05dceb]: Figure in Sch. 4 para. 3(2)(b) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(b)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/b/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-49e061b1d6153f7c375d6f9824ca7eb3]: Sch. 4 para. 11(2) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(d)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/d/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-d11196a1152c2ee96f4f4d1fc1c7d2ca]: Sch. 4 para. 11 renumbered as Sch. 4 para. 11(1) (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(d)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/d/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-641a634a37e3c219bd40c331eb77eb77]: Sch. 6 para. 1 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-381669437368d53434d59053c149585d]: Sch. 6 para. 7 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-ec418fd5b84535b126280b9eb3f62776]: Sch. 6 para. 11 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
[^key-32ad9272d20d199b5d1f2fea62774136]: Sch. 6 para. 12 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121), arts. 1(1), 11)
#### The Police Investigations and Review Commissioner
#### Provision of information to the Commissioner
#### Minor amendments of 1982 Act
#### Increase in maximum term of imprisonment for certain offences
@@ -4800,6 +4414,248 @@
#### Sale of knives and articles with blade or point to young persons
#### Powers to take data and samples from persons subject to notification requirements
#### Sex offender notification requirements
#### Police powers of entry to and examination of relevant offender's home address
#### 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
#### Requirements under section 85: supplementary
#### Equal opportunities
##### 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
@@ -4818,310 +4674,70 @@
#### Meanings of “the 1967 Act”, “the 1995 Act” and “the 2003 Act”
### Interpretation
### Status
### Membership
### Deputy convener
### Tenure
### Removal from office
### Members to ensure Authority is run efficiently and effectively
### Remuneration and pensions of convener and lay members
### Chief Executive
### Staff of the Authority
### Remuneration and pensions of staff
### Committees and sub-committees
### Procedure
### Delegation of functions
### Incidental powers
### Accounts
### The Director General
### The Deputy Director General
### Termination or suspension of appointment of Director General and Deputy Director General
### Director General and Deputy Director General: common provisions
### Remuneration and pensions of Director and Deputy Director
### Delegation of Director General's functions
### Police members
### Support staff members
### Supplementary
### Interpretation
### Staff transfer orders
### Consultation
### Effect on existing contracts of employment
### Interpretation
### Transfer of property, rights and liabilities
### Status
### Limitations on appointment
### Tenure and removal from office
### Remuneration
### Pensions etc.
### Vacancy in office of Commissioner
### Staff
### General powers
### Financial provision
### Accounts
### Provision of information
### The Police (Scotland) Act 1967 (c. 77)
### The Criminal Justice Act 1988 (c. 33)
### The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)
### The Criminal Procedure (Scotland) Act 1995 (c. 46)
### The Police Act 1996 (c. 16)
### The Police Act 1997 (c. 50)
### The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
### The Regulation of Investigatory Powers Act 2000 (c. 23)
### The Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
### The Scottish Public Services Ombudsman Act 2002 (asp 11)
### The Freedom of Information (Scotland) Act 2002 (asp 13)
### The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
### The Serious Organised Crime and Police Act 2005 (c. 15)
### The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 (S.S.I. 2000/343)
## Editorial notes
[^c21041371]: [S. 1](https://www.legislation.gov.uk/asp/2006/10/section/1) wholly in force at 1.4.2007; [s. 1](https://www.legislation.gov.uk/asp/2006/10/section/1) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 1(1)](https://www.legislation.gov.uk/asp/2006/10/section/1/1) fully in force and s. 1(2) in force for specified purposes 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); [s. 1](https://www.legislation.gov.uk/asp/2006/10/section/1) in force so far as not already in force at 1.4.2007 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)
[^c21041501]: [S. 2](https://www.legislation.gov.uk/asp/2006/10/section/2) wholly in force at 1.4.2007; [s. 2](https://www.legislation.gov.uk/asp/2006/10/section/2) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 2(1)](https://www.legislation.gov.uk/asp/2006/10/section/2/1) 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); [s. 2](https://www.legislation.gov.uk/asp/2006/10/section/2) in force so far as not already in force at 1.4.2007 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)
[^c21042641]: [S. 3](https://www.legislation.gov.uk/asp/2006/10/section/3) in force (so far as not subsequently repealed) at 1.4.2007; [s. 3](https://www.legislation.gov.uk/asp/2006/10/section/3) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 3(1)(2)(a)-(c)](https://www.legislation.gov.uk/asp/2006/10/section/3/1/2/a)(e)(f)(3)-(7) in force at 1.4.2007 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)
[^c21044321]: [S. 3(2)(b)(ii)](https://www.legislation.gov.uk/asp/2006/10/section/3/2/b/ii) repealed (1.4.2008) by [The Scottish Police Services Authority (Police Support Services) (Modification) Order 2007 (S.S.I. 2007/563)](https://www.legislation.gov.uk/ssi/2007/563), [art. 2(2)(a)](https://www.legislation.gov.uk/ssi/2007/563/article/2/2/a)
[^c21044281]: [S. 3(2)(d)](https://www.legislation.gov.uk/asp/2006/10/section/3/2/d) repealed (11.1.2008) by [Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)](https://www.legislation.gov.uk/asp/2007/14), [ss. 88](https://www.legislation.gov.uk/asp/2007/14/section/88), [101(2)](https://www.legislation.gov.uk/asp/2007/14/section/101/2), [Sch. 4 para. 46(a)](https://www.legislation.gov.uk/asp/2007/14/schedule/4/paragraph/46/a) (with [ss. 90](https://www.legislation.gov.uk/asp/2007/14/section/90), [99](https://www.legislation.gov.uk/asp/2007/14/section/99)); [S.S.I. 2007/564](https://www.legislation.gov.uk/ssi/2007/564), [art. 2(1)](https://www.legislation.gov.uk/ssi/2007/564/article/2/1), [Sch.](https://www.legislation.gov.uk/ssi/2007/564/schedule)
[^c21044341]: Words in [s. 3(2)(b)](https://www.legislation.gov.uk/asp/2006/10/section/3/2/b) inserted (1.4.2008) by [The Scottish Police Services Authority (Police Support Services) (Modification) Order 2007 (S.S.I. 2007/563)](https://www.legislation.gov.uk/ssi/2007/563), [art. 2(2)(b)](https://www.legislation.gov.uk/ssi/2007/563/article/2/2/b)
[^c21044361]: Word following s. 3(2)(e) repealed (1.4.2008) by [The Scottish Police Services Authority (Police Support Services) (Modification) Order 2007 (S.S.I. 2007/563)](https://www.legislation.gov.uk/ssi/2007/563), [art. 2(2)(c)](https://www.legislation.gov.uk/ssi/2007/563/article/2/2/c)
[^c21044381]: [S. 3(2)(g)](https://www.legislation.gov.uk/asp/2006/10/section/3/2/g) and preceding word inserted (1.4.2008) by [The Scottish Police Services Authority (Police Support Services) (Modification) Order 2007 (S.S.I. 2007/563)](https://www.legislation.gov.uk/ssi/2007/563), [art. 2(2)(d)](https://www.legislation.gov.uk/ssi/2007/563/article/2/2/d)
[^c21044401]: [S. 3(7)](https://www.legislation.gov.uk/asp/2006/10/section/3/7) substituted (1.4.2008) by [The Scottish Police Services Authority (Police Support Services) (Modification) Order 2007 (S.S.I. 2007/563)](https://www.legislation.gov.uk/ssi/2007/563), [art. 2(3)](https://www.legislation.gov.uk/ssi/2007/563/article/2/3)
[^c21044301]: [S. 3(8)](https://www.legislation.gov.uk/asp/2006/10/section/3/8) repealed (11.1.2008) by [Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)](https://www.legislation.gov.uk/asp/2007/14), [ss. 88](https://www.legislation.gov.uk/asp/2007/14/section/88), [101(2)](https://www.legislation.gov.uk/asp/2007/14/section/101/2), [Sch. 4 para. 46(b)](https://www.legislation.gov.uk/asp/2007/14/schedule/4/paragraph/46/b) (with [ss. 90](https://www.legislation.gov.uk/asp/2007/14/section/90), [99](https://www.legislation.gov.uk/asp/2007/14/section/99)); [S.S.I. 2007/564](https://www.legislation.gov.uk/ssi/2007/564), [art. 2(1)](https://www.legislation.gov.uk/ssi/2007/564/article/2/1), [Sch.](https://www.legislation.gov.uk/ssi/2007/564/schedule)
[^c21042651]: [S. 12](https://www.legislation.gov.uk/asp/2006/10/section/12) wholly in force at 1.4.2007; [s. 12](https://www.legislation.gov.uk/asp/2006/10/section/12) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 12(1)(a)(b)(d)](https://www.legislation.gov.uk/asp/2006/10/section/12/1/a/b/d) fully in force and s. 12(2) in force for specified purposes 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); [s. 12](https://www.legislation.gov.uk/asp/2006/10/section/12) in force so far as not already in force at 1.4.2007 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)
[^c21042661]: [S. 16](https://www.legislation.gov.uk/asp/2006/10/section/16) wholly in force at 1.4.2007; [s. 16](https://www.legislation.gov.uk/asp/2006/10/section/16) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 16(1)](https://www.legislation.gov.uk/asp/2006/10/section/16/1) 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); [s. 16](https://www.legislation.gov.uk/asp/2006/10/section/16) in force so far as not already in force at 1.4.2007 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)
[^c21043341]: Words in [s. 17(1)(b)](https://www.legislation.gov.uk/asp/2006/10/section/17/1/b) substituted (31.3.2007) by [The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260)](https://www.legislation.gov.uk/ssi/2007/260), [art. 2(2)](https://www.legislation.gov.uk/ssi/2007/260/article/2/2)
[^c21042671]: S. 35 wholly in force at 1.4.2007; s. 35 not in force at Royal Assent see s. 104; s. 35 in force at 1.1.2007 for specific purposes 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); s. 35 in force so far as not already in force at 1.4.2007 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)
[^c21042681]: S. 36 wholly in force at 1.4.2007; s. 36 not in force at Royal Assent see s. 104; s. 36 in force at 1.1.2007 for specific purposes 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); s. 36 in force so far as not already in force at 1.4.2007 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)
[^c21042711]: S. 38 wholly in force at 1.4.2007; s. 38 not in force at Royal Assent see s. 104; s. 38(4) 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); s. 38 in force so far as not already in force at 1.4.2007 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)
[^c21042721]: S. 39 wholly in force at 1.4.2007; s. 39 not in force at Royal Assent see s. 104; s. 39 in force at 1.1.2007 for specific purposes 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); s. 39 in force so far as not already in force at 1.4.2007 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)
[^c21042731]: [S. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) wholly in force at 1.4.2007; [s. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) in force at 1.1.2007 for specified purposes 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); [s. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) in force so far as not already in force at 1.4.2007 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)
[^c21044461]: Words in [s. 53(2)(a)](https://www.legislation.gov.uk/asp/2006/10/section/53/2/a) repealed (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 104(4)](https://www.legislation.gov.uk/ukpga/2009/26/section/104/4), [112](https://www.legislation.gov.uk/ukpga/2009/26/section/112), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1), [Sch. 8 Pt. 11](https://www.legislation.gov.uk/ukpga/2009/26/schedule/8/part/11); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(o)](https://www.legislation.gov.uk/uksi/2010/507/article/5/o) (with [art. 6](https://www.legislation.gov.uk/uksi/2010/507/article/6))
[^c21043501]: [S. 55(3)(aa)](https://www.legislation.gov.uk/asp/2006/10/section/55/3/aa) inserted (1.4.2007) by [The Football Banning Orders (Regulated Football Matches) (Scotland) Order 2007 (S.S.I. 2007/125)](https://www.legislation.gov.uk/ssi/2007/125), [art. 2](https://www.legislation.gov.uk/ssi/2007/125/article/2)
[^c21044471]: Words in [s. 66(1)](https://www.legislation.gov.uk/asp/2006/10/section/66/1) substituted (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 104(5)](https://www.legislation.gov.uk/ukpga/2009/26/section/104/5), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(o)](https://www.legislation.gov.uk/uksi/2010/507/article/5/o) with art. 6)
[^c21044511]: [S. 68(1)(2)(5)](https://www.legislation.gov.uk/asp/2006/10/section/68/1/2/5) extended to E. W. and N.I. (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 106(1)(a)](https://www.legislation.gov.uk/ukpga/2009/26/section/106/1/a), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(o)](https://www.legislation.gov.uk/uksi/2010/507/article/5/o) (with [art. 6](https://www.legislation.gov.uk/uksi/2010/507/article/6))
[^c21042781]: [S. 70](https://www.legislation.gov.uk/asp/2006/10/section/70) wholly in force at 1.4.2007; [s. 70](https://www.legislation.gov.uk/asp/2006/10/section/70) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 70](https://www.legislation.gov.uk/asp/2006/10/section/70) 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)](https://www.legislation.gov.uk/ssi/2007/48/article/3/3) (with [arts. 5](https://www.legislation.gov.uk/ssi/2007/48/article/5), [6](https://www.legislation.gov.uk/ssi/2007/48/article/6))
[^c21042791]: [S. 71](https://www.legislation.gov.uk/asp/2006/10/section/71) wholly in force at 1.4.2007; [s. 71](https://www.legislation.gov.uk/asp/2006/10/section/71) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 71](https://www.legislation.gov.uk/asp/2006/10/section/71) 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)](https://www.legislation.gov.uk/ssi/2007/48/article/3/3) (with [arts. 5](https://www.legislation.gov.uk/ssi/2007/48/article/5), [6](https://www.legislation.gov.uk/ssi/2007/48/article/6))
[^c21042821]: [S. 72](https://www.legislation.gov.uk/asp/2006/10/section/72) wholly in force at 1.4.2007; [s. 72](https://www.legislation.gov.uk/asp/2006/10/section/72) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 72](https://www.legislation.gov.uk/asp/2006/10/section/72) 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)](https://www.legislation.gov.uk/ssi/2007/48/article/3/3) (with [arts. 5](https://www.legislation.gov.uk/ssi/2007/48/article/5), [6](https://www.legislation.gov.uk/ssi/2007/48/article/6))
[^c21042881]: [S. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) wholly in force at 12.6.2007; [s. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) in force at 1.1.2007 for specified purposes 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); [s. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) in force at 25.2.2007 for specified purposes by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art 3(1)(a)](https://www.legislation.gov.uk/ssi/2007/84/article/3/1/a); [S. 84](https://www.legislation.gov.uk/asp/2006/10/section/84) in force so far as not already in force at 12.6.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84). {art. 3(4)(a)}
[^c21042891]: [S. 85](https://www.legislation.gov.uk/asp/2006/10/section/85) wholly in force at 12.6.2007; [s. 85](https://www.legislation.gov.uk/asp/2006/10/section/85) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 85(3)](https://www.legislation.gov.uk/asp/2006/10/section/85/3) 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); [s. 85(1)(2)](https://www.legislation.gov.uk/asp/2006/10/section/85/1/2) in force at 12.6.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(4)(b)](https://www.legislation.gov.uk/ssi/2007/84/article/3/4/b)
[^c21042921]: [S. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) wholly in force at 25.2.2007; [s. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) in force at 1.1.2007 for specified purposes 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); [s. 90](https://www.legislation.gov.uk/asp/2006/10/section/90) in force at 25.2.2007 insofar as not already in force by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(1)(b)](https://www.legislation.gov.uk/ssi/2007/84/article/3/1/b)
[^c21043161]: [S. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) wholly in force at 1.4.2007; [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) in force at 1.9.2006 for specified purposes by [S.S.I. 2006/432](https://www.legislation.gov.uk/ssi/2006/432), [art. 2(g)](https://www.legislation.gov.uk/ssi/2006/432/article/2/g); [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) in force at 1.1.2007 for specified purposes 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); [s. 101](https://www.legislation.gov.uk/asp/2006/10/section/101) 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)
[^c21044251]: [S. 104(1)](https://www.legislation.gov.uk/asp/2006/10/section/104/1) power partly exercised: 1.9.2006 appointed for specified provisions by [S.S.I. 2006/432](https://www.legislation.gov.uk/ssi/2006/432), [art. 2](https://www.legislation.gov.uk/ssi/2006/432/article/2); 1.1.2007 appointed for specified provisions 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); different dates appointed for specified provisions by {[S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84)}, (with saving and transitional provisions in arts. 4-6)
[^c21043191]: [Sch. 1 para. 10](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/10) wholly in force at 1.4.2007; [Sch. 1 para. 10](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/10) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [Sch. 1 para. 10(1)](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/10/1) 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. 1 para. 10](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/10) in force so far as not already in force at 1.4.2007 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)
[^c21043201]: [Sch. 1 para. 11](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/11) wholly in force at 1.4.2007; [Sch. 1 para. 11](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/11) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [Sch. 1 para. 11(1)(5)-(8)](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/11/1/5) 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. 1 para. 11](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/11) in force so far as not already in force at 1.4.2007 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)
[^c21043211]: [Sch. 1 para. 14](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/14) in force (except so far as subsequently repealed) at 1.1.2007; [Sch. 1 para. 14](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/14) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [Sch. 1 para. 14(1)(3)](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/14/1/3) 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)
[^c21044311]: [Sch. 1 para. 14(2)](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/14/2) repealed (11.1.2008) by [Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)](https://www.legislation.gov.uk/asp/2007/14), [ss. 88](https://www.legislation.gov.uk/asp/2007/14/section/88), [101(2)](https://www.legislation.gov.uk/asp/2007/14/section/101/2), [Sch. 4 para. 46(c)](https://www.legislation.gov.uk/asp/2007/14/schedule/4/paragraph/46/c) (with [ss. 90](https://www.legislation.gov.uk/asp/2007/14/section/90), [99](https://www.legislation.gov.uk/asp/2007/14/section/99)); [S.S.I. 2007/564](https://www.legislation.gov.uk/ssi/2007/564), [art. 2(1)](https://www.legislation.gov.uk/ssi/2007/564/article/2/1), [Sch.](https://www.legislation.gov.uk/ssi/2007/564/schedule)
[^c21044421]: Words in [Sch. 1 para. 15(1)(d)](https://www.legislation.gov.uk/asp/2006/10/schedule/1/paragraph/15/1/d) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 ([S.I. 2009/1941](https://www.legislation.gov.uk/uksi/2009/1941), [art. 2(1)](https://www.legislation.gov.uk/uksi/2009/1941/article/2/1), [Sch. 1 para. 261(2)](https://www.legislation.gov.uk/uksi/2009/1941/schedule/1/paragraph/261/2) (with [art. 10](https://www.legislation.gov.uk/uksi/2009/1941/article/10))
[^c21044441]: Words in [Sch. 4 para. 3(5)(e)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/3/5/e) substituted (1.10.2009) by [The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941)](https://www.legislation.gov.uk/uksi/2009/1941), [art. 2(1)](https://www.legislation.gov.uk/uksi/2009/1941/article/2/1), [Sch. 1 para. 261(3)](https://www.legislation.gov.uk/uksi/2009/1941/schedule/1/paragraph/261/3) (with [art. 10](https://www.legislation.gov.uk/uksi/2009/1941/article/10))
[^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)
[^c21043371]: Words in [Sch. 6 para. 5(2)](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5/2) (in the inserted s. 60[A of the Police Act 1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16)) substituted (31.3.2007) by [The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260)](https://www.legislation.gov.uk/ssi/2007/260), [art. 2(3)(a)](https://www.legislation.gov.uk/ssi/2007/260/article/2/3/a)
[^c21043401]: Words in [Sch. 6 para. 5(2)](https://www.legislation.gov.uk/asp/2006/10/schedule/6/paragraph/5/2) (in the inserted s. 60[A of the Police Act 1996 (c. 16)](https://www.legislation.gov.uk/ukpga/1996/16)) substituted (31.3.2007) by [The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260)](https://www.legislation.gov.uk/ssi/2007/260), [art. 2(3)(b)](https://www.legislation.gov.uk/ssi/2007/260/article/2/3/b)
[^key-4edf719f795f754e6bd70344b2cc0599]: Words in s. 67(3) substituted (1.10.2011) by [The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085)](https://www.legislation.gov.uk/uksi/2011/2085), [art. 1(2)](https://www.legislation.gov.uk/uksi/2011/2085/article/1/2), [Sch. 1 para. 65](https://www.legislation.gov.uk/uksi/2011/2085/schedule/1/paragraph/65)
[^key-7dd40e6f48813ff020f18b08e859e520]: Words in s. 87(6) substituted (1.10.2011) by [The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085)](https://www.legislation.gov.uk/uksi/2011/2085), [art. 1(2)](https://www.legislation.gov.uk/uksi/2011/2085/article/1/2), [Sch. 1 para. 65](https://www.legislation.gov.uk/uksi/2011/2085/schedule/1/paragraph/65)
[^key-68ef557acb894c343c6e8857f008b287]: S. 41B inserted (1.10.2012) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 64](https://www.legislation.gov.uk/asp/2012/8/section/64), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2012/253](https://www.legislation.gov.uk/ssi/2012/253), [art. 2](https://www.legislation.gov.uk/ssi/2012/253/article/2), [sch.](https://www.legislation.gov.uk/ssi/2012/253/schedule)
[^key-4757bbf77c204895920d9a70fec73141]: [S. 41D](https://www.legislation.gov.uk/asp/2006/10/section/41D) inserted (1.10.2012) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 66](https://www.legislation.gov.uk/asp/2012/8/section/66), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2012/253](https://www.legislation.gov.uk/ssi/2012/253), [art. 2](https://www.legislation.gov.uk/ssi/2012/253/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2012/253/schedule) (with [art. 6](https://www.legislation.gov.uk/ssi/2012/253/article/6))
[^key-3dd133b1c5c7a9a1a8d07af9900450f3]: Word in [s. 103(4)(a)](https://www.legislation.gov.uk/asp/2006/10/section/103/4/a) repealed (15.2.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(15)(a)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/15/a); [S.S.I. 2013/47](https://www.legislation.gov.uk/ssi/2013/47), [art. 2](https://www.legislation.gov.uk/ssi/2013/47/article/2) (with [art. 3](https://www.legislation.gov.uk/ssi/2013/47/article/3))
[^key-a3da9885d856cb94379c9e78626fe40d]: Words in [s. 103(4)(a)](https://www.legislation.gov.uk/asp/2006/10/section/103/4/a) inserted (15.2.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(15)(b)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/15/b); [S.S.I. 2013/47](https://www.legislation.gov.uk/ssi/2013/47), [art. 2](https://www.legislation.gov.uk/ssi/2013/47/article/2) (with [art. 3](https://www.legislation.gov.uk/ssi/2013/47/article/3))
#### Disclosure of information by the Agency
#### 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
#### Powers to take data and samples from persons subject to notification requirements
#### Sex offender notification requirements
#### Police powers of entry to and examination of relevant offender's home address
#### 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
#### Requirements under section 85: supplementary
#### Equal opportunities
##### 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.
### 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).
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
Text at this date