The Police Act 1997 (Offences in Schedules 8A and 8B) Amendment (Scotland) Regulations 2022

Made: 13th December 2022

Coming into force: 19th December 2022

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Citation and commencement

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Modification of schedule 8A of the Police Act 1997

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Modification of schedule 8B of the Police Act 1997

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Signed

CLARE HAUGHEY — Authorised to sign by the Scottish Ministers — 13th December 2022

Explanatory note

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Footnotes

[^f00001]: 1997 c. 50. Section 126ZB was inserted by S.S.I. 2015/423.

[^f00002]: Schedule 8A was inserted by S.S.I. 2015/423 and amended by section 29 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), paragraph 18 of schedule 12 of the Space Industry Act 2018 (c. 5) and S.I. 2016/765.

[^f00003]: 2010 c. 23.

[^f00004]: 1990 c. 18. Section 3ZA was inserted by section 41(2) of the Serious Crime Act 2015 (c. 9) (“the 2015 Act”).

[^f00005]: 2015 c. 9. Section 76 was amended by section 68(2) of the Domestic Abuse Act 2021 (c. 17).

[^f00006]: 2011 asp 13.

[^f00007]: 2018 asp 5.

[^f00008]: 1995 c. 39.

[^f00009]: 1953 c. 14. Section 1A was inserted by section 142(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and amended by section 50(2) and (3) of the Offensive Weapons Act 2019 (c. 17) (“the 2019 Act”), paragraph 7 of schedule 24 and paragraph 1 of schedule 28 of the Sentencing Act 2020 (c. 17) (“the 2020 Act”) and S.I. 2022/500.

[^f00010]: 1988 c. 33. Section 139AA was inserted by section 142(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and amended by sections 50(5) and (6) and 51(2), (3) and (4) of the 2019 Act, paragraph 92 of schedule 24 and paragraph 1 of schedule 28 of the 2020 Act and S.I. 2022/500.

[^f00011]: 2011 asp 15. Section 9 was amended by paragraph 25 of schedule 2 of the Criminal Justice (Scotland) Act 2016 (asp 1).

[^f00012]: 1981 c. 45.

[^f00013]: 1995 c. 46. Section 234A was inserted by section 11 of the Protection from Harassment Act 1997 (c. 40) and amended by paragraph 1 of schedule 3 of the Crime and Punishment (Scotland) Act 1997 (c. 48), section 49(1)(a) of the Criminal Justice (Scotland) Act 2003 (asp 7) (“the 2003 Act”), section 15(b), (c) and (d) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 5(2) and (3) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (“the 2016 Act”) and paragraph 3(1) of schedule 2 of the Criminal Justice (Scotland) Act 2016.

[^f00014]: 1997 c. 40.

[^f00015]: Section 2 was amended by paragraph 1 of schedule 8 of the Police Reform Act 2002 (c. 30) and section 125(3) of the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00016]: Section 2A was inserted by section 111(1) of the Protection of Freedoms Act 2012 (c. 9) (“the 2012 Act”).

[^f00017]: Section 4 was amended by paragraph 143(3)(a) and (b) of schedule 9 of the 2012 Act and section 175(1)(a) of the Policing and Crime Act 2017 (c. 3) (“the 2017 Act”).

[^f00018]: Section 4A was inserted by section 111(2) of the 2012 Act and amended by section 175(1)(b) of the 2017 Act and S.I. 2022/500.

[^f00019]: Section 9 was amended by section 49(2)(a) and (b) of the 2003 Act and section 1(3) of the Domestic Abuse (Scotland) Act 2011 (asp 13).

[^f00020]: 2022 c. 31.

[^f00021]: 2003 c. 31. Section 3A was inserted by section 72(2) of the 2015 Act.

[^f00022]: 2015 asp 12.

[^f00023]: 1986 c. 45.

[^f00024]: Section 206 was amended by S.I. 1986/1996.

[^f00025]: Section 208 was amended by paragraph 52 of schedule 9 of the Small Business, Enterprise and Employment Act 2015 (c.26).

[^f00026]: 1984 c. 24.

[^f00027]: Section 38 was amended by S.I. 2005/2011 and S.I. 2007/3101.

[^f00028]: Section 39 was amended by S.I. 2005/2011 and S.I. 2007/3101.

[^f00029]: 1989 c. 44. Section 28(1) was amended by S.I. 2005/848 and 2007/3101.

[^f00030]: 1993 c. 21.

[^f00031]: 1994 c. 17.

[^f00032]: S.I. 2002/254. Article 39 was amended by paragraph 25 of schedule 5 of the Children and Social Work Act 2017 (c. 16) and S.I. 2009/1182.

[^f00033]: S.I. 2002/253. Article 44 was amended by S.I. 2018/838.

[^f00034]: 1920 c. 75.

[^f00035]: 1989 c. 6.

[^f00036]: 2002 c. 29.

[^f00037]: Section 9 was amended by paragraph 1(4)( of schedule 5 of the Sexual Offences (Scotland) Act 2009 (asp 9) (“the 2009 Act”), paragraph 11(2)(a) and (b) and (3)(a) and (b) of schedule 4 of the 2010 Act and S.S.I. 2020/339.

[^f00038]: Section 13(9) was amended by paragraph 1(9) of schedule 5 of the 2009 Act and section 45(3) of the 2010 Act.

[^f00039]: 2005 c. 15.

[^f00040]: 1982 c. 45. Section 51A was inserted by section 42(2) of the 2010 Act.

[^f00041]: 2003 c. 42.

[^f00042]: Section 67A was inserted by section 1(2) of the Voyeurism (Offences) Act 2019 (c. 2) and amended by section 48(2), (3) and (4) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) and S.I. 2022/500.

[^f00043]: Section 103I was inserted by paragraph 2 of schedule 5 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) (“the 2014 Act”).

[^f00044]: Section 113 was amended by paragraph 63(2), (3) and (4) of schedule 11 of the 2014 Act, paragraph 209 of schedule 24 of the 2020 Act and S.S.I. 2011/25.

[^f00045]: Section 122H was inserted by paragraph 4 of schedule 5 of the 2014 Act.

[^f00046]: 2009 asp 9.

[^f00047]: Section 54 was amended by section 7(2), (3), (4), (5), (6) and (7) and paragraph 6 of schedule 2 of the 2016 Act.

[^f00048]: Section 54A was inserted by section 8 of the 2016 Act.

[^f00049]: Section 55 was amended by paragraph 86 of schedule 7 of the 2010 Act, section 9(2), (3), (4), (5)and (6) of the 2016 Act and paragraph 5(3) of schedule 3 of the Domestic Abuse Act 2021 (c. 17).

[^f00050]: 2015 c. 9. Section 69 was amended by S.I. 2016/244.

[^f00051]: 2016 asp 22.

[^f00052]: Section 37 was amended by paragraph 311 of schedule 24 of the Sentencing Act 2020 (c. 17).

[^f00053]: 1980 c. 46.

[^f00054]: 2017 c. 22.

[^f00055]: 2000 c. 11. Section 58B was inserted by section 4(2) of the Counter-Terrorism and Border Security Act 2019 (c. 3).

[^f00056]: 2015 asp 12.

[^f00057]: 1997 c. 50. Schedule 8B was inserted by S.S.I. 2015/423.

[^f00058]: 1837 c. 88.

[^f00059]: 1982 c. 36.

[^f00060]: 1990 c. 31.

[^f00061]: S.I. 2016/765. Article 265 was amended by S.I. 2019/645.

[^f00062]: 2018 c. 5.

[^f00063]: 1990 c. 18.

[^f00064]: Section 1 was amended by section 35 of the Police and Justice Act 2006 (c. 48) (“the 2006 Act”) and paragraph 7(a) of schedule 4 of the Serious Crime Act 2015 (c. 9) (“the 2015 Act”).

[^f00065]: Section 2 was amended by paragraph 17 of schedule 14 of the 2006 Act and paragraph 7(b) of schedule 4 of the 2015 Act.

[^f00066]: Section 3 was amended by section 36 of the 2006 Act and paragraph 7(c) of schedule 4 of the 2015 Act.

[^f00067]: Section 3A was inserted by section 37 of the 2006 Act and amended by sections 41(2) and 42 and paragraphs 7(d) and 8 of schedule 4 of the 2015 Act. Section 3ZA was inserted by section 41(2) of the 2015 Act.

[^f00068]: 2016 c. 2.

[^f00069]: 1968 c. 27. Section 28A was inserted by paragraph 4(1) of schedule 2 of the Firearms (Amendment) Act 1997 (c. 5) (“the 1997 Act”) and amended by section 131(2) of the Policing and Crime Act 2017 (c. 3).

[^f00070]: Section 29 was amended by paragraph 2(2) of schedule 2 of the 1997 Act.

[^f00071]: Section 30D was inserted by section 40 of the 1997 Act.

[^f00072]: Section 39 was amended by paragraph 2(3) of schedule 2 of the 1997 Act.

[^f00073]: Section 40 was amended by sections 13(4) and 23(3) of the Firearms (Amendment) Act 1988 (c. 45), paragraph 8(a) and (b) of the 1997 Act and paragraph 1 of schedule 5 of the Violent Crime Reduction Act 2006 (c. 38).

[^f00074]: 2015 asp 10.

[^f00075]: 1981 c. 45.

[^f00076]: 2006 c. 35.

[^f00077]: 2006 c. 46.

[^f00078]: 2018 c. 9.

[^f00079]: 2019 asp 7.

[^f00080]: 2019 c. 17.

[^f00081]: Section 6 was substituted by paragraph 443(1) of schedule 24 of the Sentencing Act 2020 (c. 17).

[^f00082]: 2002 c. 29. Section 339(1A) was inserted by section 105(5) of the Serious Organised Crime and Police Act 2005 (c. 15).

[^f00083]: 1994 c. 33. Section 68(1) was amended by paragraph 1 of schedule 3 of the Anti-social Behaviour Act 2003 (c. 38).

[^f00084]: 1988 c. 52. Section 5A was inserted by section 56(1) of the Crime and Courts Act 2013 (c. 22).

[^f00085]: 2010 asp 13.

[^f00086]: 1988 c. 27. Section 1 was amended by section 43 of the Criminal Justice and Police Act 2001 (c. 16), paragraph 90 of schedule 17 of the Communications Act 2003 (c. 21), section 32(1) of the Criminal Justice and Courts Act 2015 (c. 2) and S.I. 2022/500.

[^f00087]: 2000 c. 26.

[^f00088]: Section 83 was amended by S.I. 2018/1417.

Editorial notes