LegalizeThe Police and Magistrates' Courts Act 1994 (Commencement No.7 and Transitional Provisions) (Scotland) Order 1995
Made: 28th February 1995
Laid before Parliament: 10th March 1995
Coming into force: 1st April 1995
The Secretary of State, in exercise of the powers conferred on him by section 94(1), (4) and (5) of the Police and Magistrates' Courts Act 1994[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No.7 and Transitional Provisions) (Scotland) Order 1995.
- (2) This Order shall come into force on 1st April 1995.
- (3) In this Order—
- “the 1967 Act” means the Police (Scotland) Act 1967[^f00002]; and
- “the 1994 Act” means the Police and Magistrates' Courts Act 1994.
Provisions of the 1994 Act coming into force on 1st April 1995
2
The provisions of the 1994 Act which are specified in column 1 of Schedule 1 to this Order, and described by reference to the subject matter in column 2 of that Schedule, shall, insofar as not then in force, come into force on 1st April 1995 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
Provisions of the 1994 Act coming into force on 1st April 1996
3
The provisions of the 1994 Act which are specified in column 1 of Schedule 2 to this Order, and described by reference to the subject matter in column 2 of that Schedule, shall, insofar as not then in force, come into force on 1st April 1996 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
Transitional provision
4
- (1) Any person who on 1st April 1995 would hold the rank of deputy chief constable in a police force maintained under section 1 of the 1967 Act[^f00003] but for the commencement by this Order of the provisions of the 1994 Act abolishing that rank shall hold the rank of assistant chief constable in that force.
- (2) Any person who on 1st April 1995 would hold the rank of chief superintendent in a police force maintained under section 1 of the 1967 Act but for the commencement by this Order of the provisions of the 1994 Act abolishing that rank shall hold the rank of superintendent in that force.
SCHEDULE 1 — PROVISIONS OF THE 1994 ACT WHICH COME INTO FORCE ON 1ST APRIL 1995
1
Only so far as extending to Scotland, the entry in relation to the Police (Overseas Service) Act 1945.
2
The following entries in respect of the 1967 Act:—
- In section 6(2), the words “a deputy chief constable”.
- In section 7(1), the words “deputy chief constable,” and “, chief superintendent and”.
- In section 31, in each of subsections (2) and (4), the words “or deputy”.
3
Only so far as extending to Scotland, the entry in relation to the Police Act 1969.
4
Only so far as extending to Scotland, the entry in relation to the Police Pensions Act 1976.
5
Only so far as extending to Scotland, the entry in relation to the Overseas Development and Cooperation Act 1980.
SCHEDULE 2 — PROVISIONS OF THE 1994 ACT WHICH COME INTO FORCE ON 1ST APRIL 1996
| Column 1 Provision | Column 2 Subject matter | Column 3 Extent of commencement |
|---|---|---|
| Section 47(1) | Establishments of police forces | |
| Section 47(2) | Assignment of ranks | |
| Section 47(3) | Appointment of police cadets | |
| Section 47(4) | Extra policing of locality where works are being constructed | |
| Section 47(5) | Regulations as to retirement of certain constables | |
| Section 49 | Civilian employees | |
| Section 54 | Power of Secretary of State to give directions to police authorities | |
| Section 63(9) | Other amendments of 1967 Act | |
| Section 64 | Delegation of functions of Scottish police authorities | |
| Section 93 | Repeals | Only so far as it relates to the entries in Schedule 9, Part I specified below. |
| Schedule 9, Part I | Repeals | The following entries in respect of the 1967 Act:— Section 7(2). In section 8(1), the words “and subject to the approval of the police authority and the Secretary of State as to numbers”. In section 14(1), the words “(whether by the appointment of temporary constables or otherwise)”. In section 26, in subsection (2)(d), the words “or temporary”;. In section 51(1), the definitions of “regular constable”, “special constable” and “temporary constable”. |
Signed
Fraser of Carmyllie — Minister of State, Scottish Office — 28th February 1995
Explanatory note
(This note is not part of the Order)
This Order brings into force for specified purposes various provisions of Part II (which concern the arrangements for policing in Scotland) of the Police and Magistrates' Courts Act 1994 and related repeals.
Articles 2 and 3 of, and Schedules 1 and 2 to, this Order bring into force on 1st April 1995 and 1st April 1996 respectively the provisions listed in each Schedule subject to any restriction of purpose specified.
Article 4 makes transitional provision in relation to the abolition of the ranks of deputy chief constable and chief superintendent.
Footnotes
[^f00001]: 1994 c. 29.
[^f00002]: 1967 c. 77.
[^f00003]: Section 1 was amended by the Local Government (Scotland) Act 1973 (c. 65), section 146.
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