The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

In section 107(5) of the Constitutional Reform Act 2005 (disclosure of information to the Commission)[^f00173], for paragraph (b) substitute—

(b) the chief constable of the Police Service of Scotland;

Commissioner for Revenue and Customs Act 2005

46

In section 27 of the Commissioner for Revenue and Customs Act 2005 (inspection)[^f00174]—

• (a) in subsection (2)(a)(ii) for “section 33 or 34 of the Police (Scotland) Act 1967 (c.77)” substitute “sections 71 to 73 of the Police and Fire Reform (Scotland) Act 2012”; and

• (b) in subsection (6)(a) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.

Fire (Scotland) Act 2005

47

In section 16A(1) of the Fire (Scotland) Act 2005 (exercise of powers at sea)[^f00175], for “a relevant authority” substitute “SFRS”.

Serious Organised Crime and Police Act 2005

48

• (1) The Serious Organised Crime and Police Act 2005 is modified as follows.

• (2) In section 3(5) (functions of SOCA as to information relating to crime)[^f00176] omit paragraph (d).

• (3) In section 6 (annual plans)[^f00177]—

• (a) in subsection (7)(d), for “each police authority for an area in Scotland, each joint police board” substitute “the Scottish Police Authority”; and

• (b) omit subsection (8).

• (4) In section 7 (annual reports)[^f00178]—

• (a) in subsection (4)(d), for “each police authority for an area in Scotland, each joint police board” substitute “the Scottish Police Authority”; and

• (b) omit subsection (5).

• (5) In section 16(13) (inspections) for “section 33(1) of the Police (Scotland) Act 1967 (c.77)” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.

• (6) In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements)[^f00179]—

• (a) omit subsections (5) and (7)(b);

• (b) in subsection (10), for paragraph (a) and (b) substitute—

(a) the Police Service of Scotland, or

; and

• (c) in subsection (11)—

• (i) omit the definitions of “police member” and “support staff member”;

• (ii) in the definition of “relevant policing body”—

• (aa) for paragraph (a) substitute—

(a) in relation to the Police Service of Scotland, the Scottish Police Authority,

; and

• (bb) omit paragraph (f).

• (7) In section 24(2)(b) (mutual assistance between SOCA and law enforcement agencies: directed arrangements)[^f00180] omit “other than the Scottish Crime and Drug Enforcement Agency”.

• (8) In section 25 (directed arrangements: Scotland)[^f00181]—

• (a) in subsection (1)(a)—

• (i) for “a body within subsection (2)” substitute “the Police Service of Scotland”; and

• (ii) for “a body within that subsection” substitute “that Service”;

• (b) in subsection (1)(b) for “the body” substitute “that Service”;

• (c) omit subsection (2);

• (d) in subsection (3)—

• (i) in paragraph (a), for “chief officer of the police force” substitute “chief constable of the Police Service of Scotland”; and

• (ii) omit paragraph (b);

• (e) in subsection (4) for the words “a police force in Scotland or to the Scottish Crime and Drug Enforcement Agency” where they occur substitute “the Police Service of Scotland”; and

• (f) omit subsection (5).

• (9) In section 31(5) (liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff)[^f00182], in the definition of “relevant authority” omit paragraph (d).

• (10) In section 36 (general duty of police to pass information to SOCA)—

• (a) in subsection (1) for “Great Britain” substitute “England and Wales”; and

• (b) after subsection (2) insert—

(2A) The chief constable of the Police Service of Scotland has a corresponding duty in relation to crime in Scotland.

• (11) In section 42(1) (interpretation of chapter 1)—

• (a) in the definition of “chief officer”—

• (i) in paragraph (b) for “a police force in Scotland, the chief constable” substitute “the Police Service of Scotland, the chief constable of that Service”; and

• (ii) omit paragraph (g)[^f00183];

• (b) omit the definition of “joint police board”; and

• (c) in the definition of “police force”—

• (i) in paragraph (a), for “, Wales or Scotland, or” substitute “or Wales,”; and

• (ii) after that paragraph insert—

(aa) the Police Service of Scotland, or

• (12) In section 47 (person having powers of constable: Scotland and Northern Ireland)[^f00184]—

• (a) in subsection (3)(a) for “Director General of the Scottish Crime and Drug Enforcement Agency” substitute “chief constable of the Police Service of Scotland”; and

• (b) in subsection (4) from “either” to the end substitute “a senior officer (within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012) of the Police Service of Scotland.”.

• (13) In section 82(5) (protection of persons involved in investigations or proceedings)—

• (a) for paragraph (b) substitute—

(b) the chief constable of the Police Service of Scotland;

; and

• (b) omit paragraph (f)[^f00185].

• (14) In section 156 (payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences)—

• (a) in the section title for “police authorities etc.” substitute “Scottish Police Authority”; and

• (b) in subsection (1), for “a police authority or joint police board (within the meaning of the Police (Scotland) Act 1967 (c.77))” substitute “the Scottish Police Authority”.

• (15) In Schedule 5 (persons specified for the purposes of section 82)—

• (a) in paragraph 15, for “(within” to the end substitute “(as defined by section 99(1) of the Police and Fire Reform (Scotland) Act 2012)”; and

• (b) in paragraph 20A[^f00186] omit the words “is or” where they occur.

Gambling Act 2005

49

• (1) The Gambling Act 2005[^f00187] is modified as follows.

• (2) After section 23(5)(d) (statement of principles for licensing and regulation) insert—

(da) the chief constable of the Police Service of Scotland,

• (3) After section 24(11)(b) (codes of practice) insert—

(ba) the chief constable of the Police Service of Scotland,

• (4) After section 25(5)(a) (guidance to local authorities)—

• (a) omit “and”; and

• (b) insert—

(aa) the chief constable of the Police Service of Scotland, and

Immigration, Asylum and Nationality Act 2006

50

• (1) The Immigration, Asylum and Nationality Act 2006 is modified as follows.

• (2) In section 36(9) (duty to share information)[^f00188], in the definition of “chief officer of police”, in paragraph (b), for “a police force maintained under the Police (Scotland) Act 1967 (c.77)” substitute “the Police Service of Scotland”.

• (3) In section 39(3)(b) (disclosure to law enforcement agencies) for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.

Health Act 2006

51

• (1) The Health Act 2006[^f00189] is modified as follows.

• (2) In section 18(9) (co-operation between health bodies and other organisations)—

• (a) in paragraph (a)(ii) for “a police force in Scotland, the chief constable” substitute “the Police Service of Scotland, the chief constable of that Service”;

• (b) in paragraph (b)(i) for “, Wales or Scotland, or” substitute “and Wales,”; and

• (c) after paragraph (b)(i)

• (i) omit “or”; and

• (ii) insert—

(ia) the Police Service of Scotland, or

Wireless Telegraphy Act 2006

52

After section 107(4) of the Wireless Telegraphy Act 2006 (proceedings and enforcement)[^f00190] insert—

(5) In the application of this section to Scotland, subsection (2) has effect with the substitution— (a) for the words “a police force” of the words “the Police Service of Scotland”, and (b) for the words “the area for which he acts as constable” of the word “Scotland”.

Safeguarding Vulnerable Groups Act 2006

53

In section 50A(3)(b) of the Safeguarding Vulnerable Groups Act 2006 (provision of information to the police)[^f00191], for “a police force in Scotland” substitute “the Police Service of Scotland”.

Police and Justice Act 2006

54

• (1) The Police and Justice Act 2006 is modified as follows.

• (2) Omit section 13(6)(d) (supply of information to police etc by Registrar General).

• (3) In Schedule 1 (National Policing Improvement Agency)[^f00192]—

• (a) for paragraph 3(3)(k) substitute—

(k) the Police Service of Scotland, including the police cadets under the control of the chief constable of that Service,

• (b) omit paragraph 3(3)(l);

• (c) in paragraph 4—

• (i) for sub-paragraph (2)(a) substitute—

(a) the Police Service of Scotland,

• (ii) in sub-paragraphs (2)(b) and (2)(c) for “such a force” substitute “that Service”;

• (iii) for sub-paragraph (2)(d) and (2)(e) substitute—

and (d) the Scottish Police Authority.

• (iv) in sub-paragraph (3)(a) omit “Services”; and

• (v) for sub-paragraph (3)(b) substitute—

(b) the chief constable of the Police Service of Scotland.

• (d) in paragraph 6(4)—

• (i) for sub-paragraph (a) substitute—

(a) the Police Service of Scotland,

• (ii) in sub-paragraphs (b) and (c) for “such a force” substitute “that Service”; and

• (iii) for sub-paragraphs (d) and (e) substitute—

, and (d) the Scottish Police Authority.

• (e) in paragraph 35—

• (i) for sub-paragraph (b) substitute—

(b) the Scottish Police Authority;

• (ii) omit sub-paragraphs (c) and (d); and

• (f) in paragraph 48—

• (i) in sub-paragraph (8)(a) for “police forces” substitute “the police service”;

• (ii) in sub-paragraph (11)(b) omit “Services”;

• (iii) for sub-paragraphs (11)(c) and (11)(d) substitute—

(c) the chief constable of the Police Service of Scotland.

• (iv) in sub-paragraph (12)(a) omit “Services”;

• (v) for sub-paragraphs (12)(b) and (12)(c) substitute—

(b) the chief constable of the Service of Scotland.

; and

• (vi) omit sub-paragraph (13).

Road Safety Act 2006

55

In section 49A(3)(f) of the Road Safety Act 2006 (disclosure of information relating to foreign-registered vehicles)[^f00193] for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.

Armed Forces Act 2006

56

In section 375(2) of the Armed Forces Act 2006 (definitions relating to police forces)[^f00194], for paragraph (e), substitute—

(e) the Police Service of Scotland;

Corporate Manslaughter and Corporate Homicide Act 2007

57

• (1) The Corporate Manslaughter and Corporate Homicide Act 2007[^f00195] is modified as follows.

• (2) In section 13(1)(a) (application to police forces)—

• (a) omit “or” at the end of sub-paragraph (i); and

• (b) omit sub-paragraph (ii);

• (c) after subsection (1)(a) insert—

(aa) the Police Service of Scotland;

• (d) in subsection (3)(d) after “(a)” insert “, (aa)”; and

• (e) in subsection (4) for “a force mentioned” to the end substitute “the Police Service of Scotland, as a reference to a constable of that Service.”.

Legal Services Act 2007

58

In section 169(5) of the Legal Services Act 2007 (disclosure of information to the Board)[^f00196], for paragraph (b) substitute—

(b) the chief constable of the Police Service of Scotland;

Regulatory Enforcement and Sanctions Act 2008

59

In section 37(3)(d) of the Regulatory Enforcement and Sanctions Act 2008 (“regulator”)[^f00197] for “a police force in Scotland” substitute “the Police Service of Scotland”.

Counter-Terrorism Act 2008

60

• (1) The Counter-Terrorism Act 2008 is modified as follows.

• (2) In section 7(5)(b) (photographing and copying of documents) for “police force for the area in which the search was carried out” substitute “Police Service of Scotland”.

• (3) In section 18(5) (material not subject to existing statutory restrictions)[^f00198], in the definition of “police force”, for paragraph (d) substitute—

(d) the Police Service of Scotland;

• (4) In section 51 (meaning of “local police area”) after subsection (3) insert—

(4) This section and section 50(2) apply in relation to Scotland as if Scotland were a police area.

• (5) In section 86 (costs of policing at gas facilities: Scotland)—

• (a) in subsection (2)(b)—

• (i) for “provided under an agreement under section 13 of the Police (Scotland) Act 1967 (c.77) for the guarding, patrolling and watching” substitute “(within the meaning of section 86(9) of the Police and Fire Reform (Scotland) Act 2012) provided under an arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012 in respect”; and

• (ii) for sub-paragraph (ii) substitute—

(ii) the chief constable of the Police Service of Scotland.

; and

• (b) in subsection (4), for “agreement as is” substitute “arrangements as are”.

• (6) In section 88 (costs of policing at gas facilities: recovery of costs)—

• (a) in subsection (2) for “agreement under section 13 of the Police (Scotland) Act 1967 (c.77)” substitute “arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012”; and

• (b) in subsection (3)(b) for “agreement under section 13 of the Police (Scotland) Act 1967” substitute “arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012”.

• (7) In Schedule 4 (notification orders)—

• (a) in paragraph 5(1) for “a chief constable” substitute “the chief constable of the Police Service of Scotland”;

• (b) in paragraph 5(2)(a) for “the area of the chief constable’s police force” substitute “Scotland”; and

• (c) in paragraph 5(2)(b) for “that area” substitute “Scotland”.

• (8) In Schedule 5 (foreign travel restriction orders)—

• (a) in paragraph 4(1) for “a chief constable” substitute “the chief constable of the Police Service of Scotland”;

• (b) in paragraph 4(2)(a) for “the area of the chief constable’s police force” substitute “Scotland”;

• (c) in paragraph 4(2)(b) for “that area” substitute “Scotland”;

• (d) in paragraph 4(3) omit from “to a sheriff” to the end;

• (e) in paragraph 9(1)—

• (i) omit “or” at the end of paragraph (a);

• (ii) for paragraph (b), substitute—

(b) the chief constable of the Police Service of Scotland.

• (iii) omit paragraphs (c) and (d); and

• (f) omit paragraph 9(2)(a) and (2)(b)(ii).

Borders, Citizenship and Immigration Act 2009

61

In section 29 of the Borders, Citizenship and Immigration Act 2009 (inspections by Her Majesty’s inspectors of constabulary etc.)[^f00199]—

• (a) in subsection (2)(b) for “section 33 or 34 of the Police (Scotland) Act 1967 (c.77) (inspection)” substitute “Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (Her Majesty’s inspectors of constabulary)”; and

• (b) in subsection (6)(a) for “section 33(1) of the Police (Scotland) Act 1967” substitute “section 71(2) of the Police and Fire Reform (Scotland) Act 2012”.

Marine and Coastal Access Act 2009

62

• (1) The Marine and Coastal Access Act 2009[^f00200] is modified as follows.

• (2) In paragraph 13(2)(d) of Schedule 7 (disclosure of information), for “a police force in Scotland” substitute “the Police Service of Scotland”.

• (3) In paragraph 9(2)(d) of Schedule 10 (disclosure of information), for the words “a police force in Scotland” substitute “the Police Service of Scotland”.

Equality Act 2010

63

• (1) The Equality Act 2010[^f00201] is modified as follows.

• (2) In section 42 (identity of employer)—

• (a) in subsection (4) for “, SPSA or SCDEA” substitute “or SPA”;

• (b) in subsection (5) for “SPSA” substitute “SPA”; and

• (c) omit subsection (6).

• (3) In section 43 (interpretation)—

• (a) for subsection (6) substitute—

(5A) “SPA” means the Scottish Police Authority; and a reference to a constable at SPA is a reference to a constable serving as a member of its staff by virtue of paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012.

• (b) omit subsection (7);

• (c) in subsection (8)(c) for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”; and

• (d) for subsection (9) substitute—

(9) Subsections (2) and (3) apply in relation to Scotland as follows— (a) a reference to a police authority includes a reference to the Scottish Police Authority; (b) a reference to a police force includes a reference to the Police Service of Scotland; and (c) a reference to a chief officer of police includes a reference to the chief constable of the Police Service of Scotland.

• (4) In Part 3 of Schedule 19 (public authorities: relevant Scottish authorities)—

• (a) omit “A joint fire and rescue board constituted by a scheme under section 2(1) of the Fire (Scotland) Act 2005.”;

• (b) for the heading “Police” substitute “Police and Fire”;

• (c) for “A police authority established under section 2 of the Police (Scotland) Act 1967.” substitute “The Scottish Police Authority.”;

• (d) after the entry substituted by paragraph (4)(c) insert—

• The chief constable of the Police Service of Scotland.
• The Scottish Fire and Rescue Service.
• The Chief Officer of the Scottish Fire and Rescue Service.

; and

• (e) omit—

A Chief Constable of a police force maintained under section 1 of the Police (Scotland) Act 1967.

A Chief Officer of a relevant authority appointed under section 7 of the Fire (Scotland) Act 2005.

; and

The Scottish Police Services Authority.

Terrorism Prevention and Investigation Measures Act 2011

64

• (1) The Terrorism Prevention and Investigation Measures Act 2011[^f00202] is modified as follows.

• (2) In section 10(10) (criminal investigations into terrorism-related activity)—

• (a) in the definition of “chief officer”—

• (i) for paragraph (b) substitute—

(b) in relation to the Police Service of Scotland, means the chief constable of that Service;

; and

• (ii) omit paragraph (e); and

• (b) in the definition of “police force”—

• (i) for paragraph (b) substitute—

(b) the Police Service of Scotland;

; and

• (ii) omit paragraph (e).

• (3) In paragraph 14 (interpretation) of Schedule 6—

• (a) in the definition of “police force”—

• (i) for paragraph (d) substitute—

(d) the Police Service of Scotland;

; and

• (ii) omit paragraph (e) and the “or” immediately before it; and

• (b) in the definition of “responsible chief officer of police” in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, for “police force for the area” to the end substitute “Police Service of Scotland;”.

PART 2 — MODIFICATION OF ACT OF THE SCOTTISH PARLIAMENT

Police and Fire Reform (Scotland) Act 2012

65

In Part 1 of schedule 7 to the Police and Fire Reform (Scotland) Act 2012[^f00203], omit paragraph 1.

PART 3 — MODIFICATIONS OF SUBORDINATE LEGISLATION

Social Security (Employed Earners’ Employments for Industrial Injuries Purposes) Regulations 1975

66

• (1) The Social Security (Employed Earners’ Employment for Industrial Injuries Purposes Regulations) 1975[^f00204] are modified as follows.

• (2) In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners’ employments for industrial injuries purposes)[^f00205], for “a fire and rescue authority” to “under that Act” substitute “the Scottish Fire and Rescue Service”.

• (3) In Schedule 3 (employments in respect of which persons are treated as employers for industrial injuries purposes), in the entry numbered 4[^f00206], in column 1, for first “fire” to “board” substitute “Scottish Fire and Rescue Service”.

Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

67

• (1) In regulation 12(1)(c) of the Town and Country Planning (Control of Advertisements (Scotland) Regulations (election notices, statutory advertisements and traffic signs)[^f00207], for “roads or police authority” substitute “roads authority or the Police Service of Scotland”.

Road Vehicles (Construction and Use) Regulations 1986

68

In paragraph 1(c)(i) of Schedule 12 to the Road Vehicles (Construction and Use) Regulations 1986 (advance notice to Police)[^f00208], for “the same meaning as in the Police (Scotland) Act 1967”, substitute “means the chief constable of the Police Service of Scotland”.

Income Support (General) Regulations 1987

69

In paragraph 7(1)(ab) of Schedule 8 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of earnings)[^f00209], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

The Police and Criminal Evidence (Northern Ireland) Order 1989

70

In Article 63A(1B) of Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprints and samples: supplementary provisions)[^f00210], for sub-paragraph (e) substitute—

(e) the Police Service of Scotland;

Official Secrets Act 1989 (Prescription) Order 1990

71

• (1) The Official Secrets Act 1989 (Prescription) Order 1990 is modified as follows.

• (2) At the end of Schedule 1 (prescriptions: section 12(1)(f))[^f00211], insert—

Scottish Police Authority	The members and employees of the Authority who are not otherwise Crown servants

• (3) At the end of Schedule 2 (prescriptions: section 12(1)(g))[^f00212], insert—

Police Investigations and Review Commissioner	The members of the Commissioner’s staff who are not otherwise Crown servants

Child Support (Maintenance Assessments and Special Cases) Regulations 1992

72

In paragraph 1(1)(i)(iib) of Part 1 of Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (earnings of an employed earner)[^f00213], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

Goods Vehicles (Licensing of Operators) Regulations 1995

73

In paragraph 6 of Part 1 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (classes of vehicles for which a licence is not required)[^f00214], for “relevant” to “(asp 5))” substitute “Scottish Fire and Rescue Service”.

Jobseeker’s Allowance Regulations 1996

74

• (1) The Jobseeker’s Allowance Regulations 1996 are modified as follows.

• (2) In regulation 4 (interpretation of Parts 2, 4 and 5)[^f00215], in the definition of “part-time member of a fire brigade” for “a fire and rescue authority” to second “Act” substitute “the Scottish Fire and Rescue Service”.

• (3) In regulation 53(d)(ib) (persons treated as not engaged in remunerative work)[^f00216], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

• (4) In paragraph 9(1)(ab) of Schedule 6 (sums to be disregarded in the calculation of earnings)[^f00217], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

Social Security Benefit (Computation of Earnings) Regulations 1996

75

In paragraph 9(ab) of Schedule 1 to the Social Security Benefit (Computation of Earnings) Regulations 1996 (sums to be disregarded in the calculation of earnings)[^f00218], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

Health and Safety (Enforcing Authority) Regulations 1998

76

In regulation 4(3)(e) of the Health and Safety (Enforcing Authority) Regulations 1998 (exceptions)[^f00219], for “a relevant” to “(asp 5))” substitute “the Scottish Fire and Rescue Service”.

Scotland Act 1998 (Concurrent Functions) Order 1999

77

• (1) Schedule 2 to the Scotland Act 1998 (Concurrent Functions) Order 1999[^f00220] is modified as follows.

• (2) In paragraph 2(a)(ii), for “relevant” to “(asp 5))” substitute “the Scottish Fire and Rescue Service”.

• (3) In paragraph 2(b)(iii), for “relevant authorities” substitute “the Scottish Fire and Rescue Service”.

• (4) In paragraph 2(b)(iv), for “relevant authorities” substitute “the Scottish Fire and Rescue Service”.

Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999

78

• (1) The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 is modified as follows.

• (2) In Schedule 2 (enactments conferring functions exercisable concurrently by the Scottish Ministers and Ministers of the Crown)[^f00221] omit the entry relating to section 32A of the Police (Scotland) Act 1967.

• (3) In Schedule 4 (non-statutory functions transferred to the Scottish Ministers) for paragraph 1(1)(b) and (c) substitute—

(b) by the Police Service of Scotland; (c) by the Scottish Fire and Rescue Service; or

Motor Vehicles (Driving Licences) Regulations 1999

79

In regulation 23(9) of the Motor Vehicles (Driving Licences) Regulations 1999 (persons by whom theory tests may be conducted)[^f00222], in the definitions of “chief officer of police”, “police area” and “police authority”, after “have” insert “in relation to England and Wales”.

Child Support (Maintenance Calculations and Special Cases) Regulations 2001

80

In paragraph 4(2)(g)(iib) of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2001 (earnings)[^f00223], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

Representation of the People (Scotland) Regulations 2001

81

In regulation 31J(4)(b) of the Representation of the People (Scotland) Regulations (anonymous registration: evidence by attestation)[^f00224] for “any police force in Scotland”, substitute “the Police Service of Scotland”.

State Pension Credit Regulations 2002

82

In paragraph 2(2)(ab) of Schedule 6 to the State Pension Credit Regulations 2002 (sums disregarded from claimant’s earnings)[^f00225], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003

83

In paragraph 1(2)(b) of Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (functions under the 2000 Act)[^f00226], for sub-head (i) substitute—

(i) the chief constable of the Police Service of Scotland; or

Revenue and Customs (Inspections) Regulations 2005

84

• (1) In regulation 10(2) of the Revenue and Customs (Inspections) Regulations 2005 (appointment of assistant inspectors and staff officers)[^f00227]—

• (a) for “Section 34 of the Police (Scotland) Act 1967 (appointment of assistant inspectors and staff officers)” substitute “Sections 72 and 73 of the Police and Fire Reform (Scotland) Act 2012 (assistant inspectors and staff officers)”;

• (b) in sub-paragraph (a)—

• (i) for “section 34(1) after “constabulary”” substitute “section 72(1) after “may””; and

• (ii) omit “and”;

• (c) in sub-paragraph (b) for “section 34(1A)” substitute “section 72(1)(b)”; and

• (d) at the end of that sub-paragraph insert—

(c) in section 72(1)(b) for “constables” substitute “officers of Revenue and Customs”; (d) in section 72(2) for “A constable” substitute “An officer of Revenue and Customs”; (e) in section 72(3) for “constable” and “constable’s” substitute “officer of Revenue and Customs” and “officer’s”; (f) in section 73(1) after “may” insert “for the purposes of carrying out functions under the Revenue and Customs (Inspections) Regulations 2005”, and (g) in section 73(1)(b) for “constables” substitute “officers of Revenue andCustoms”; (h) in section 73(2) for “A constable” substitute “An officer of Revenue and Customs”, and (i) In section 73(3) for “constable” and “constable’s” substitute “officer of Revenue and Customs” and “officer’s”.

Housing Benefit Regulations 2006

85

In paragraph 8(1)(b) of Schedule 4 to the Housing Benefits Regulations 2006 (sums to be disregarded in the calculation of earnings)[^f00228], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

86

In paragraph 3(2)(b) of Schedule 4 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (sums disregarded from claimant’s earnings)[^f00229], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

87

In regulation 2(1) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (interpretation)[^f00230], in the definition of “fire and rescue authority”—

• (a) in sub-paragraph (a), for “Great Britain” substitute “England and Wales”;

• (b) omit “and” at the end of that sub-paragraph; and

• (c) at the end of sub-paragraph (b) insert—

and (c) in relation to Scotland, means the Scottish Fire and Rescue Service;

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098)

88

• (1) The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 is modified as follows.

• (2) In article 2 (interpretation)—

• (a) omit sub-paragraph (b); and

• (b) in sub-paragraph (c) for “the Police Complaints Commissioner for Scotland” substitute “the Police Investigations and Review Commissioner”[^f00231].

• (3) In article 3 (disclosure of information)—

• (a) in paragraph (1) omit the words “the Agency or” in both places;

• (b) omit paragraph (5);

• (c) in paragraph (7) omit “, (5)”;

• (d) in paragraph (10) omit “20(1) or”; and

• (e) in paragraph (11)—

• (i) for “Paragraphs (5) and (6) do”, substitute “Paragraph (6) does”; and

• (ii) omit “19(4) or”.

• (4) In Part 1 of the Schedule, omit paragraph 4(16).

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

89

Omit paragraph 1(2)(b)(i) of Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (functions under the 2000 Act)[^f00232].

The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008

90

• (1) The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 are modified as follows.

• (2) In regulation 5(2) (licences), omit sub-paragraph (f).

• (3) In regulation 5(3)(d)[^f00233], for “a chief constable of a police force in Scotland” substitute “the chief constable of the Police Service of Scotland”.

Employment and Support Allowance Regulations 2008

91

In regulation 43(1)(e)(iii) of the Employment and Support Allowance Regulations 2008 (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work)[^f00234], for “a fire” to second “Act” substitute “the Scottish Fire and Rescue Service”.

The Police Act 1997 (Criminal Records) Regulations 2009

92

In regulation 2 of the Police Act 1997 (Criminal Records) Regulations 2009 (enhanced criminal record certificates: police forces)[^f00235], omit sub-paragraphs (c) and (d).

Road Vehicles (Approval) Regulations 2009

93

In regulation 5(8) of the Road Vehicles (Approval) Regulations 2009 (scope of the regulations)[^f00236], in the definition of “fire and rescue authority”—

• (a) in sub-paragraph (a), omit head (ii); and

• (b) after sub-paragraph (b), insert—

and (c) in Scotland means the Scottish Fire and Rescue Service;

The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009

94

In regulation 2 of the Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009 (enhanced criminal record certificates: police forces)[^f00237], omit sub-paragraphs (c) and (d).

The Ministry of Defence Police (Conduct) Regulations 2009

95

• (1) The Ministry of Defence Police (Conduct) Regulations 2009[^f00238] are modified as follows.

• (2) In regulation 3 (interpretation and delegation)—

• (a) in paragraph (1)—

• (i) insert in the appropriate place ““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;”;

• (ii) in the definition of “HMCIC” for sub-paragraph (b) substitute—

(b) in relation to Scotland, an inspector of constabulary appointed under section 71 of the 2012 Act (Her Majesty’s inspectors of constabulary in Scotland);

• (b) in sub-paragraph (2)(c), for head (vi), substitute—

(vi) the Police Service of Scotland;

The Ministry of Defence Police Appeals Tribunals Regulations 2009

96

• (1) The Ministry of Defence Police Appeals Tribunals Regulations 2009[^f00239] are modified as follows.

• (2) In regulation 3 (interpretation) insert in the appropriate place ““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;”.

• (3) In regulation 5 (appointment and composition of police appeals tribunal)—

• (a) in paragraph (2)(b), for head (i) substitute—

(i) one shall be a person chosen from a panel of persons maintained by the Lord President of the Court of Session for the purposes of schedule 3 to the 2012 Act (police appeals tribunals);

• (b) in paragraph (2)(b), for head (iii) substitute—

(iii) one shall be HMCIC or a person who has within the previous five years been an inspector of constabulary for the purposes of section 71 of the 2012 Act (Her Majesty’s inspectors of constabulary in Scotland) or section 33 of the 1967 Act (Inspectors of Constabulary).

• (c) in paragraph (4)(b)(i) for “list” substitute “panel”;

• (d) in paragraph (4)(b), for head (iii) substitute—

(iii) one shall be a person chosen from the list maintained immediately before the day on which this paragraph comes into force by the Scottish Ministers for the purposes of paragraph 2(1)(c) of Schedule 3 to the 1967 Act of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the force; and

Regulation of Investigatory Powers (Communications Data) Order 2010

97

• (1) The Regulation of Investigatory Powers (Communications Data) Order 2010 is modified as follows.

• (2) In Schedule 1—

• (a) for the entry for a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 substitute—

The Police Service of Scotland	Superintendent	Inspector	Section 22(2)(a), (b), (c) (d), (e) and (g) Article 2(b)

• (b) omit the entry for the Scottish Crime and Drug Enforcement Agency.

• (3) In Part 1 of Schedule 2[^f00240]—

• (a) omit the entry for a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• (b) for the entry for a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 or a joint fire and rescue board within the meaning of section 5 of that Act substitute—

The Scottish Fire and Rescue Service	Fire Control Officer	—	Section 22(2)(g)

• (c) after the entry for the Office of the Police Ombudsman for Northern Ireland insert—

The Police Investigations and Review Commissioner	Commissioner or Director of Investigations	—	Section 22(2)(b) Article 2(b)

• (4) In Part 2 of Schedule 2[^f00241]—

• (a) in the entry for a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, omit the second row (which relates to the Principal Fire Control Officer or Group Manager);

• (b) for the entry for a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 or a joint fire and rescue board within the meaning of section 5 of that Act substitute—

The Scottish Fire and Rescue Service	Principal Fire Control Officer or Group Manager	—	Section 22(2)(b) and (d)

Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

98

Part 1 of Schedule 1 to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010[^f00242] is modified as follows—

• (a) for the entry for a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 substitute—

The Police Service of Scotland	Superintendent	Inspector	Paragraphs (a), (b), (c), (d) and (e)

• (b) omit the entry for the Scottish Crime and Drug Enforcement Agency.

The Pyrotechnic Articles (Safety) Regulations 2010

99

• (1) The Pyrotechnic Articles (Safety) Regulations 2010[^f00243] are modified as follows.

• (2) In regulation 3(2)(a) (scope and exclusions)—

• (a) for head (iii), substitute—

(iii) the Police Service of Scotland,

• (b) for head (xii), substitute—

(xii) the Scottish Fire and Rescue Service, or

; and

• (c) omit head (x).

The Ministry of Defence Police (Performance) Regulations 2012

100

In regulation 4 of the Ministry of Defence Police (Performance) Regulations 2012 (interpretation and delegation)[^f00244] in paragraph (1) in the definition of “alternative police force” for sub-paragraph (f) substitute—

(f) the Police Service of Scotland; or

SCHEDULE 3 — TRANSITIONAL AND SAVINGS PROVISIONS

Transitional provisions: firearms

1

• (1) Any authorisation, certificate or permit granted, or approval given, by a Scottish chief officer in exercise of powers conferred by the 1968 Act[^f00245] or the 1988 Act[^f00246] is to be treated on and after the relevant day as if it had been granted or given by the chief constable of the Police Service of Scotland.

• (2) Paragraph (3) applies to an application made under the 1968 Act or the 1988 Act to a Scottish chief officer—

• (a) for the grant or renewal of a firearm certificate or a shot gun certificate, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a certificate or (as the case may be) a renewal;

• (b) for the variation of a firearm certificate, but in respect of which no decision has been taken before the relevant day either to vary or refuse to vary the certificate;

• (c) for a visitor’s firearm permit or a visitor’s shot gun permit, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a permit;

• (d) for the issue or renewal of a European firearms pass, but in respect of which no decision has been taken before the relevant day either to issue or refuse to issue a pass or (as the case may be) renew or refuse to renew a pass;

• (e) for registration as a firearms dealer, but which has not been determined before the relevant day;

• (f) for registration by a registered firearms dealer of a new place of business, but which has not been determined before the relevant day;

• (3) Where this paragraph applies an application is to be treated on and after the relevant day as if it had been made to the chief constable of the Police Service of Scotland (and is to be determined accordingly).

• (4) Where a Scottish chief officer has, by virtue of section 30D(1) or (2)(b)[^f00247] or section 52(2) of the 1968 Act, by notice in writing ordered the holder of a firearms certificate to surrender or (as the case may be) deliver up that certificate and that certificate has not been surrendered or delivered up before the relevant day that notice is to be treated on and after the relevant day as having been given by the chief constable of the Police Service of Scotland.

• (5) Where a Scottish chief officer has, by virtue of section 12(1) of the 1988 Act[^f00248], by notice in writing required the holder of a firearms certificate to surrender that certificate, any firearms or any ammunition which are in the holder’s possession by virtue of that certificate and that certificate, those firearms or that ammunition has not before the relevant day been surrendered or delivered up, that notice is to be treated on and after the relevant day as having been given by the chief constable of the Police Service of Scotland.

Savings provision: data protection

2

Despite paragraph 28 of Schedule 2 to this Order, paragraph (b) in the first entry in the first column in the Table in section 56(6) of the Data Protection Act 1998[^f00249] continues to have effect in relation to records obtained before the relevant day.

Transitional provisions: regulation of investigatory powers

3

• (1) Anything done under the 2000 Act[^f00250] before the relevant day by or in relation to the chief constable of a police force maintained under the 1967 Act[^f00251] or the Director General of the Scottish Crime and Drug Enforcement Agency is, on and after that day, to be treated as having been done by or in relation to the chief constable of the Police Service of Scotland.

• (2) Anything else done under the 2000 Act before the relevant day by or in relation to a constable serving with a police force maintained under the 1967 Act or as a member of the Scottish Crime and Drug Enforcement Agency is, on and after that day, to be treated as having been done by or in relation to the constable while serving as a constable of the Police Service of Scotland.

Transitional provision: agreements with Police Complaints Commissioner for Scotland

4

Any reference in an agreement made under article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007[^f00252] to the Police Complaints Commissioner for Scotland is to be read as a reference to the Commissioner.

Transitional provision: officers engaged on service outwith their force

5

Section 97 of the 1996 Act (police officers engaged on service outside their force)[^f00253] applies in relation to a member of a police force (within the meaning of section 101 of that Act)[^f00254] transferred to be on temporary service to the Police Service of Scotland, on the relevant day, by the 2012 Act[^f00255] as if such service were relevant service for the purposes of section 97 of the 1996 Act.

Transitional provisions: declarations

6

A member of the Ministry of Defence Police who, before the relevant day has made a declaration in pursuance of section 1(2)(b) of the 1987 Act[^f00256] is, on and after that day, to be treated as having made the declaration required by section 10 of the 2012 Act.

7

A constable or special constable of the British Transport Police Force who, before the relevant day has made a declaration in pursuance of section 24(4) or, as the case may be, 25(4) of the Railways and Transport Safety Act 2003[^f00257] is, on and after that day, to be treated as having made the declaration required by section 10 of the 2012 Act.

Transitional provision: bail

8

Any direction given under section 8(6) of the Bail Act 1976 (bail with sureties)[^f00258] before the day on which paragraph 13 of Schedule 2 to this Order comes into force is, on or after that day, to be treated as a direction that arrangements be made for the recognizance of a surety to be entered into in Scotland before a constable of the Police Service of Scotland.

Transitional provisions: armed forces

9

• (1) Any warrant existing immediately before the relevant day which was issued under the Armed Forces Act 2006[^f00259] and addressed to an officer or officers of a police force maintained under the 1967 Act is to be regarded on and after that day as if it had been issued and addressed to an officer of the Police Service of Scotland and may be executed accordingly.

• (2) For the purposes of sections 116[^f00260] and 119 of the Armed Forces Act 2006 (referral of case following investigation by service or civilian police and circumstances in which CO has power to charge etc), any investigation by a police force maintained under the 1967 Act before the relevant day may, on or after that day, be continued and, where appropriate, referred by the Police Service of Scotland.

Pensions: savings

10

• (1) Despite the repeal of sections 26[^f00261] and 27 of the 1967 Act[^f00262], those sections continue to have effect in relation to pensions payable to or in respect of special constables and police cadets appointed under the 1967 Act.

• (2) The amendments made by paragraphs 3, 7(3) and 8(2) of Schedule 2 to this Order do not affect the operation of the Acts modified by those paragraphs in relation to special constables or police cadets appointed under the 1967 Act.

• (3) The amendments made by paragraph 7(2) of Schedule 2 to this Order do not affect the operation of the Pensions (Increase) Act 1971[^f00263] in relation to service of any of the following kinds by any person—

• (a) temporary service in accordance with section 12A(2) of the 1967 Act[^f00264];

• (b) service as an inspector or assistant inspector of constabulary under the 1967 Act;

• (c) central service pursuant to section 38 of the 1967 Act;

• (d) service in respect of which section 38A of the 1967 Act[^f00265] had effect.

• (4) The amendment made by paragraph 8(3) of Schedule 2 to this Order does not affect the operation of the Superannuation Act 1972[^f00266] in relation to employment by the Police Complaints Commissioner for Scotland.

• (5) The amendment made by paragraph 9 of Schedule 2 to this Order does not affect the operation of the Overseas Pensions Act 1973[^f00267] in relation to a constable engaged on relevant service within the meaning of section 38A(1)(a), (c), (e) or (f)[^f00268] of the 1967 Act.

• (6) The amendments made by paragraph 12 of Schedule 2 to this Order (other than the amendments made by sub-paragraph (3)(b) and (c)(iv) of that paragraph) do not affect the operation of the Police Pensions Act 1976[^f00269] in relation to service of any of the following kinds by any person—

• (a) temporary service in accordance with section 12A(2) of the 1967 Act;

• (b) central service pursuant to section 38 of the 1967 Act;

• (c) relevant service within the meaning of section 38A(1)(ab)[^f00270], (bb)[^f00271], (bc)[^f00272] or (d)[^f00273] of the 1967 Act;

• (d) service with the Scottish Police Services Authority;

• (e) service as the Director General or Deputy Director General of, or as a police member of, the Scottish Crime and Drug Enforcement Agency.

Transitional and saving provision: transfer of functions

11

• (1) The revocation, by virtue of paragraph 78(2) and paragraph 89 of Schedule 2 to this Order of the transfer to the Scottish Ministers of the functions conferred by section 32A[^f00274] of the 1967 Act and section 5 of the 2000 Act does not affect the validity of anything done (or having effect as if done) by or in relation to the Scottish Ministers, for the purposes of or in connection with any such function, at any time before the date on which the revocation takes effect.

• (2) Anything (including legal proceedings) which, at the time the modifications in paragraph 78(3) and paragraph 83 of Schedule 2 to this Order take effect, is in the process of being done by or in relation to the Scottish Ministers may, so far as it relates to any function the transfer of which is modified by those paragraphs, be continued on the date of the modification by or in relation to them.

• (3) Anything done (or having effect as if done) by or in relation to the Scottish Ministers for the purposes of or in connection with any function the transfer of which is modified by paragraph 78(3) or paragraph 83 of Schedule 2 to this Order has effect, if in force at the time when the modification takes effect, as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect on and after the date of the modification.

Transitional provisions: criminal offences

12

• (1) Any criminal offence committed before the relevant day by an office-holder or body mentioned in column 1 of the Table below is, on and after that day, to be regarded for all purposes as if it had been committed by the office-holder or body mentioned in column 2 of the Table and criminal proceedings may be instituted or continued against the office-holder or body accordingly.

Column 1	Column 2
Chief constable of a police force maintained under the 1967 Act	Chief constable of the Police Service of Scotland
Police force maintained under the 1967 Act	Police Service of Scotland
Police authority or joint police board established under the 1967 Act	Scottish Police Authority
Relevant authority (within the meaning of the 2005 Act)[^f00275]	Scottish Fire and Rescue Service
Scottish Police Services Authority	Scottish Police Authority
Director General of the Scottish Crime and Drug Enforcement Agency established and maintained under the 2006 Act[^f00276]	Chief constable of the Police Service of Scotland

• (2) Paragraph (1) does not apply in relation to any offence committed by an office-holder in a personal capacity.

Transitional provisions: arrangements with Ministry of Defence Police

13

• (1) Sub-paragraphs (2) and (3) apply to any arrangement—

• (a) made under section 2A of the 1987 Act[^f00277] between the chief constable of the Ministry of Defence Police and a Scottish chief officer; and

• (b) subsisting immediately before the relevant day.

• (2) An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 2A of the 1987 Act between the chief constable of the Police Service of Scotland and the chief constable of the Ministry of Defence Police.

• (3) Any member of the Ministry of Defence Police provided for the assistance of a police force in pursuance of an arrangement to which this sub-paragraph applies—

• (a) is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and

• (b) while providing such assistance—

• (i) is under the direction and control of the chief constable of that Service; and

• (ii) has all the powers and privileges of a constable of that Service.

Transitional provisions: arrangements with Ministry of Defence Police

14

• (1) Sub-paragraphs (2) and (3) apply to any arrangement—

• (a) made under section 11 of the 1967 Act[^f00278] between the chief constable of the British Transport Police Force and the chief constable of a police force;

• (b) subsisting immediately before the relevant day; and

• (c) by virtue of which assistance is given from the resources of the British Transport Police Force to that police force.

• (2) An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under article 5 of this Order between the chief constable of the British Transport Police Force and the chief constable of the Police Service of Scotland.

• (3) Any constable of the British Transport Police Force provided for the assistance of a police force in pursuance of an arrangement to which this sub-paragraph applies—

• (a) is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and

• (b) while providing such assistance—

• (i) is under the direction and control of the chief constable of that Service; and

• (ii) has all the powers and privileges of a constable of that Service.

• (4) Sub-paragraphs (5) and (6) apply to any arrangement—

• (a) made under section 11 of the 1967 Act between the chief constable of a police force and the chief constable of the British Transport Police Force;

• (b) subsisting immediately before the relevant day; and

• (c) by virtue of which assistance is given from the resources of that police force to the British Transport Police Force.

• (5) An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under article 6 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the British Transport Police Force.

• (6) Any constable of a police force provided for the assistance of the British Transport Police Force in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—

• (a) to be provided for the assistance of the British Transport Police Force;

• (b) to be under the direction and control of the chief constable of that Force while providing such assistance; and

• (c) to have all the powers and privileges of a constable of that Force for that purpose.

15

Where a constable of the British Transport Police Force is, immediately before the relevant day, assisting a constable of a police force in pursuance of a request made under section 100 of the Anti-terrorism, Crime and Security Act 2001[^f00279]—

• (a) that request is to be treated, on and after the relevant day, as having been made by a constable of the Police Service of Scotland; and

• (b) the constable of the British Transport Police Force has all the powers and privileges of a constable of the Police Service of Scotland for the purposes of the incident, investigation or operation in relation to which the constable of the British Transport Police Force is providing assistance.

16

• (1) Sub-paragraph (2) applies to any agreement—

• (a) made under section 12 of the 1967 Act[^f00280] between the chief constable of a police force and the chief constable of the British Transport Police Force; and

• (b) subsisting immediately before the relevant day.

• (2) An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the British Transport Police Force.

• (3) Sub-paragraph (4) applies to any agreement—

• (a) made under section 12 of the 1967 Act between a police authority and the British Transport Police Authority; and

• (b) subsisting immediately before the relevant day.

• (4) An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the Scottish Police Authority and the British Transport Police Authority.

Transitional provision: arrangements with Civil Nuclear Constabulary

17

• (1) Sub-paragraph (2) applies to any agreement—

• (a) made under section 12 of the 1967 Act between the chief constable of a police force and the chief constable of the Civil Nuclear Constabulary; and

• (b) subsisting immediately before the relevant day.

• (2) An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the chief constable of the Police Service of Scotland and the chief constable of the Civil Nuclear constabulary.

• (3) Sub-paragraph (4) applies to any agreement—

• (a) made under section 12 of the 1967 Act between a police authority and the Civil Nuclear Police Authority; and

• (b) subsisting immediately before the relevant day.

• (4) An agreement to which this sub-paragraph applies is, on and after the relevant day, to be treated as an agreement made under article 8 of this Order between the Scottish Police Authority and the Civil Nuclear Police Authority.

• (5) In this paragraph and paragraphs 14 to 16—

• (a) “police authority” means a police authority established under section 2(1)[^f00281] or section 19(1) of the 1967 Act[^f00282]; and

• (b) “police force” means a police force maintained by a police authority.

Transitional provisions: arrangements with police forces in England and Wales and the Police Service of Northern Ireland

18

• (1) Sub-paragraphs (2) to (4) apply to any arrangement—

• (a) made under section 98 of the 1996 Act[^f00283] between a Scottish chief officer and an England and Wales chief officer; and

• (b) subsisting immediately before the relevant day.

• (2) An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 98 of the 1996 Act between the chief constable of the Police Service of Scotland and the England and Wales chief officer with whom the arrangement was made.

• (3) Any constable of a police force in Scotland provided for the assistance of a police force in England and Wales in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—

• (a) to be provided for the assistance of that force;

• (b) to be under the direction and control of the chief officer of that force while providing such assistance; and

• (c) to have all the powers and privileges of a constable of that force for that purpose.

• (4) Any constable of a police force in England and Wales provided for the assistance of a police force in Scotland in pursuance of an arrangement to which this sub-paragraph applies—

• (a) is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and

• (b) while providing such assistance—

• (i) is under the direction and control of the chief constable of that Service; and

• (ii) has all the powers and privileges of a constable of that Service.

• (5) Sub-paragraphs (6) to (8) apply to any arrangement—

• (a) made under section 98 of the 1996 Act between a Scottish chief officer and the chief constable of the Police Service of Northern Ireland; and

• (b) subsisting immediately before the relevant day.

• (6) An arrangement to which this sub-paragraph applies is to be treated, on and after the relevant day, as an arrangement made under section 98 of the 1996 Act between the chief constable of the Police Service of Scotland and the chief constable of the Police Service of Northern Ireland.

• (7) Any constable of a police force in Scotland provided for the assistance of the Police Service of Northern Ireland in pursuance of an arrangement to which this sub-paragraph applies continues, on and after the relevant day—

• (a) to be provided for the assistance of that Service;

• (b) to be under the direction and control of the chief constable of that Service while providing such assistance; and

• (c) to have all the powers and privileges of a constable of that Service for that purpose.

• (8) Any constable of the Police Service for Northern Ireland provided for the assistance of a police force in Scotland in pursuance of an arrangement to which this sub-paragraph applies—

• (a) is, on and after the relevant day, provided for the assistance of the Police Service of Scotland; and

• (b) while providing such assistance—

• (i) is under the direction and control of the chief constable of that Service; and

• (ii) has all the powers and privileges of a constable of that Service.

• (9) In this paragraph “England and Wales chief officer” means a chief officer of a police force maintained under the 1996 Act.

Transitional and saving provision: costs of policing at gas facilities

19

• (1) Any agreement made under section 13 of the 1967 Act[^f00284] in relation to the provision of extra police services subsisting immediately before the date this Order comes into force is, on and after that date, to continue to subsist subject to sub-paragraph (2).

• (2) On the date this Order comes into force any interest of the police authority or joint police board in any such agreement transfers to the Scottish Police Authority and any interest of the chief constable of the police force in any such agreement transfers to the chief constable of the Police Service of Scotland.

• (3) Despite paragraph 60(6) of Schedule 2 to this Order, on and after the date this Order comes into force, section 88 of the Counter-Terrorism Act 2008[^f00285] continues to have effect, in relation to any agreement made under section 13 of the 1967 Act, as it had effect immediately before that date.

• (4) In this paragraph—

• “police force” means a police force maintained under the 1967 Act;

• “extra police services” has the meaning given by section 86(2)(b) of the Counter-Terrorism Act 2008; and

• “joint police board” and “police authority” mean a joint police board or police authority established under section 2(1) or 19(1) of the 1967 Act respectively.

Signed

David Mundell — Parliamentary Under Secretary of State — Scotland Office — 12th March 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision in consequence of the Police and Fire Reform (Scotland) Act 2012 (“the 2012 Act”).

Part 1 contains the extent and interpretation provisions.

Part 2 of the Order makes provision in relation to the Police. Provision is made so that the Police Investigations and Review Commissioner may enter into agreements with various law enforcement bodies for the Commissioner to investigate serious incidents which take place in Scotland involving officers of those bodies. It also provides that the Commissioner may investigate criminal conduct involving a person serving with one of those bodies where directed to do so by the Lord Advocate in his capacity as head of the system of criminal investigations and prosecutions in Scotland. Mutual assistance between the Police Service of Scotland and the British Transport Police Force (“BTP”) in response to special demands placed on them is also included, along with power to enter into collaboration agreements between the Police Service of Scotland and the BTP, Civil Nuclear Constabulary (“CNC”) or Ministry of Defence Police (“MDP”) so that functions or resources may be exercised or deployed jointly where that may be efficient or advantageous. The criminal offence of causing disaffection amongst members of the Police Service of Scotland, the BTP or CNC is created. The offences of assaulting or impeding a member of a police force and escape from custody contained in the 2012 Act are applied to the CNC and MDP.

Other provision in Part 2 includes power for the Secretary of State and Scottish Ministers to make grants to the Scottish Police Authority in connection with safeguarding of national security. Particular provision in relation to independent custody visiting for terrorism detainees and the refusal of access to any detainee where there are urgent and compelling national defence grounds is made. Express power is given to make it clear that goods and services may be provided outwith Scotland under section 87 of the 2012 Act. There is saving provision in relation to pensions for police officers and cadets on various types of service and power for the Scottish Ministers to make pension provision for special constables and police cadets of the Police Service of Scotland.

Part 3 of the Order makes provision in relation to fire and rescue. In particular, provision is made which permits the Scottish Fire and Rescue Service (“SFRS”) to provide assistance to fire and rescue authorities in England and Wales or the Northern Ireland Fire and Rescue Service in the carrying out of their functions. Provision is also made which permits reciprocal assistance to be provided by those services to SFRS. The Order ensures that in all cases a fire-fighter assisting a service in another part of the UK has the powers and protections necessary to carry out that function.

Part 4 and Schedules 1 and 2 to the Order make provision for consequential amendments to primary and secondary legislation in consequence of the establishment of the new Police Service of Scotland and SFRS. Schedule 3 makes transitional and saving provision in connection with that establishment and the consequential amendments.

Footnotes

[^f00001]: 1998 c.46. There are amendments to section 104 not relevant to this Order. Section 112 was amended by section 13(2) of the Scotland Act 2012 (c.11). Section 113 was amended by section 39(2) of the Scotland Act 2012.

[^f00002]: Paragraphs 1 and 2 were amended by section 39 of the Scotland Act 2012 (c.11).

[^f00003]: 1967 c.77.

[^f00004]: 1968 c.27.

[^f00005]: 1987 c.4.

[^f00006]: 1988 c.45.

[^f00007]: 1996 c.16.

[^f00008]: 2000 c.23.

[^f00009]: 2004 c.21.

[^f00010]: 2005 asp 5.

[^f00011]: S.I. 2006/1254 (N.I. 9).

[^f00012]: 2006 asp 10.

[^f00013]: 2012 asp 8.

[^f00014]: There are amendments to section 2 not relevant to this Order.

[^f00015]: There are amendments to section 4 not relevant to this Order.

[^f00016]: 2009 c.11.

[^f00017]: Section 1(8) has been amended by the Treaty of Lisbon (Change in Terminology) Order 2011 (S.I. 2011/1043), Part 2, article 6(2)(a).

[^f00018]: 1971 c.77. Paragraph 1 of Schedule 2 has been amended by the Health Protection Agency Act 2004 (c.17), Schedule 3, paragraph 3 and by S.I. 1993/1813, Schedule 5, paragraph 1(a).

[^f00019]: Section 41B was inserted by section 64 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (the “2012 Act”).

[^f00020]: 1999 c.33.

[^f00021]: Section 33A was inserted by section 62 of the 2012 Act.

[^f00022]: Section 2A was inserted by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 99. There are amendments to section 2A not relevant to this Order.

[^f00023]: 2004 c.20.

[^f00024]: Section 2 has been modified by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 98 and Schedule 8, Part 6, the Railways and Transport Safety Act 2003 (c.20), Schedule 5, paragraph 4, the Energy Act 2004 (c.20), Schedule 14, paragraph 5 and Schedule 23, the Serious Crime Act 2007 (c.27), section 63 and Schedule 6, paragraph 14 and the Bribery Act 2010 (c.23), Schedule 1, paragraph 1.

[^f00025]: 2000 c.11.

[^f00026]: 2006 c.11. Section 36 was amended by the Coroners and Justice Act 2009 (c.25), section 117.

[^f00027]: Section 44 was amended by the Emergency Workers (Obstruction) Act 2006 (c. 39), section 6.

[^f00028]: Section 25 is amended by the 2012 Act, schedule 7, paragraph 68(10).

[^f00029]: Sections 27 and 29 are amended by the 2012 Act, schedule 7, paragraph 68(11) and (12) respectively.

[^f00030]: 2005 asp 2. Section 1 of that Act was amended by the Fire (Scotland) Act 2005 (asp 5), section 38(2) and Emergency Workers (Scotland) Act 2005 (Modification) Order 2008 (S.S.I. 2008/37), article 2.

[^f00031]: 1971 c.56. Paragraph 44 was amended by the Fire and Rescue Services Act 2004 (c.21), Schedule 1, paragraph 35(3), S.I. 2005/2060, Schedule 1, paragraph 1 and the 2012 Act, schedule 7, paragraph 48.

[^f00032]: 1974 c.37. Section 51A was inserted by the Police (Health and Safety) Act 1997 (c.42), section 1 and was relevantly amended by the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 54 and Schedule 15, paragraph 1 and the 2012 Act, schedule 7, paragraph 2(a) and (b).

[^f00033]: 1984 c.27. Section 87(1) was amended by the Fire (Scotland) Act 2005 (asp 5), Schedule 3, paragraph 12 and the 2012 Act, schedule 7, paragraph 54.

[^f00034]: 1994 c.33.

[^f00035]: Section 102(5) was amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 76(10) and the 2012 Act, schedule 7, paragraph 9(2).

[^f00036]: Section 163 was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 130 and the 2012 Act, schedule 7, paragraph 9(3).

[^f00037]: 1996 c.16.

[^f00038]: Section 59(2) was amended by Schedule 8, paragraph 11(2)(a) of that Act and the 2012 Act, Schedule 7, paragraph 13(2).

[^f00039]: Section 60(2) was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 37 and the 2012 Act, Schedule 7, paragraph 13(3).

[^f00040]: Section 62(1A) was inserted by the Police Act 1997 (c.50), Schedule 9, paragraph 82 and amended by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), schedule 6, paragraph 5(4) and the 2012 Act, schedule 7, paragraph 13(4).

[^f00041]: Section 62(3) was amended by the Police (Northern Ireland) Act 1998 (c.32), section 34(2).

[^f00042]: Section 63(2) was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 39.

[^f00043]: Section 64(4E) and (4F) were inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), Schedule 1, Part 1, paragraph 3(2).

[^f00044]: Section 99(1) was amended by the 2012 Act, schedule 7, Part 1, paragraph 13(5).

[^f00045]: 1997 c.50.

[^f00046]: Section 93(3) is amended by the 2012 Act, schedule 7, paragraph 14(2)(a). There are other amendments to section 93(3) not relevant to this Order.

[^f00047]: Section 93(3)(za) was inserted by the Policing and Crime Act 2009 (c.26), section 6(2). New paragraph (zb) is inserted by the 2012 Act, schedule 7, paragraph 14(2)(a)(i).

[^f00048]: Section 93(3)(a) was amended by the Policing and Crime Act 2009 (c.26), section 6(3), the Regulation of Investigatory Powers Act 2000 (c.23), Schedule 4, paragraph 8(2)(a) and the 2012 Act, schedule 7, paragraph 14(2)(a)(ii).

[^f00049]: Section 93(3)(e) was inserted by the Enterprise Act 2002 (c.40), section 200(2)(c). New paragraph (ea) is inserted by the 2012 Act, schedule 7, paragraph 14(2)(a)(iii).

[^f00050]: Section 93(3A) was inserted by the Policing and Crime Act 2009 (c.26), section 6(4). New section 93(3ZA) is inserted by the 2012 Act, schedule 7, paragraph 14(2)(b).

[^f00051]: Section 93(5) is amended by the 2012 Act, schedule 7, paragraph 14(2)(c). There are other amendments to section 93(5) not relevant to this Order.

[^f00052]: Section 93(6)(b) was amended by the Policing and Crime Act 2009 (c.26), section 6(5)(c) and the 2012 Act, schedule 7, paragraph 14(2)(d).

[^f00053]: Section 94(1)(b) was amended by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 4, paragraph 98(2)(c), and Schedule 17, paragraph 1 and by the 2012 Act, schedule 7, paragraph 14(3)(a).

[^f00054]: Section 94(2)(g) was inserted by the Enterprise Act 2002 (c.40), section 200(3) and new paragraph (ga) was inserted by the 2012 Act, schedule 7, paragraph 14(3)(b). There are other amendments to section 94(2) not relevant to this Order.

[^f00055]: Section 95(6) was amended by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 4, paragraph 99(2) and the 2012 Act, schedule 7, paragraph 14(4)(a).

[^f00056]: Section 105(3) was amended by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 4, paragraph 101 and the 2012 Act, schedule 7, paragraph 14(5).

[^f00059]: In section 126(1) the definition of “chief officer” was amended by the Police (Northern Ireland) Act 2000 (c.32), Schedule 6, paragraph 20(2)(b) and the 2012 Act, schedule 7, paragraph 14(8)(a).

[^f00060]: In section 126(1) the definition of “police authority” was amended by the Police (Northern Ireland) Act 2000 (c.32), Schedule 6, paragraph 20(3), the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16(3), paragraph 224 and the 2012 Act, schedule 7, paragraph 14(8)(b).

[^f00061]: 2004 c.21.

[^f00062]: Section 34(10) was amended by the Fire (Scotland) Act 2005 (asp 5), schedule 3, paragraph 24 and the 2012 Act, schedule 14, paragraph 66(z).

[^f00063]: Section 35(6) is amended by the 2012 Act, schedule 7, paragraph 66(3).

[^f00064]: 2005 c.19. Section 157(f) was amended by the Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), schedule 1, paragraph 16(2) and the 2012 Act, schedule 7, paragraph 69.

[^f00065]: 2007 c.19. Section 6(2) is amended by the 2012 Act, schedule 7, paragraph 71.

[^f00066]: 1896 c.48. Section 26(5) was amended by the Local Government (Scotland) Act 1947 (c.43), Schedule 14. There are other amendments to the section not relevant to this Order.

[^f00067]: 1951 c.65. There are other amendments to Schedule 2 not relevant to this Order.

[^f00068]: 1967 c.28. Section 13(3) was amended by the Police (Scotland) Act 1967 (c.77), Schedule 4 and by the Police Act 1996 (c.16), Schedule 7, paragraph 13.

[^f00069]: 1967 c.77. Section 26(2) was amended by the Police and Magistrates’ Courts Act 1994 (c.29), section 52(2) and Schedule 9, paragraph 1 and the Police Act 1996 (c.16), Schedule 7, paragraph 14(2).

[^f00070]: Section 27 was amended by the Police Act 1969 (c.63), section 4(8) and the Police Act 1997 (c.50), Schedule 9, paragraph 9.

[^f00071]: Section 32A was inserted by the Police and Magistrates’ Courts Act 1994 (c.29), section 56 and was amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 71(14) and by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers) Order 1999 (S.I. 1999/1750), Schedule 5, paragraph 2(2). Functions under section 32A were transferred to the Scottish Ministers by article 3 of S.I. 1999/1750 and were exercisable concurrently with the Secretary of State.

[^f00072]: Section 42 was modified by the Police and Magistrates’ Courts Act 1994 (c.29), Schedule 9, Part 1, paragraph 1, the Anti-terrorism, Crime and Security Act 2001 (c.24), Schedule 7, paragraph 5(3), the Railways and Transport Safety Act 2003 (c.20), Schedule 5, paragraph 4 and the Energy Act 2004 (c.20), section 68(4).

[^f00073]: 1968 c.27. Section 42B was inserted by article 2 of the Firearms (Electronic Communications) Order 2011 (S.I. 2011/713).

[^f00074]: Section 54(3) was substituted by the Police and Magistrates’ Courts Act 1994 (c.29), section 42 and subsequently amended by the Police Act 1997 (c.50), Schedule 9, paragraph 18, the Serious Organised Crime and Police Act 2005 (c.15), Schedule 4, paragraph 18, the Policing and Crime Act 2009 (c.26), section 110 and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 90. There are other amendments to section 54 not relevant to this Order.

[^f00075]: The definition of “civilian officer” was added by the Firearms (Amendment) Act 1997 (c.5), section 43(2) and amended by the Greater London Authority Act 1999 (c.29), Schedule 34, Part VII and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 91 and modified by S.I. 2011/3019, Schedule 2, paragraph 22. There are other amendments to section 57 not relevant to this Order.