SCHEDULE 1MODIFICATIONS RELATING TO POLICE
PART 1Modification of Acts
Dogs Act 1906
1
1
The Dogs Act 190610 is modified as follows.
2
In section 3 (seizure of stray dogs)11—
a
in subsection (6)—
i
for the first “The” to the first “area” substitute “The chief constable of the Police Service of Scotland”; and
ii
omit “in that area”; and
b
in subsection (9)—
i
for the first and third “police” substitute “Police Service of Scotland”;
ii
for “out of the police fund” substitute “by the Scottish Police Authority”; and
iii
for “account of the police fund” substitute “Scottish Police Authority”.
3
In section 8 (application of Act to Scotland)12, for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”.
Small Landholders (Scotland) Act 1911
2
In section 26(3)(c) of the Small Landholders (Scotland) Act 1911 (supplementary provisions and restrictions)13, omit “, police,” and “or police burgh”.
Land Settlement (Scotland) Act 1919
3
In section 15 of the Land Settlement (Scotland) Act 1919 (as to land within burgh in crofting counties)14, omit “or police” and “or police burgh”.
Children and Young Persons Act 1933
4
In section 107(1) of the Children and Young Persons Act 1933 (interpretation)15, in the definition of “Chief officer of police” for “has” to “1967” substitute “means the chief constable of the Police Service of Scotland”.
Theatres Act 1968
5
In section 18(1) of the Theatres Act 1968 (interpretation)16, for the definition of “police officer” substitute—
“police officer” means a constable of the Police Service of Scotland;
Chronically Sick and Disabled Persons Act 1970
6
In section 21(8A) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons)17, for the second “the” to “(c.77)” substitute “section 99(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.
Local Government, Planning and Land Act 1980
7
In section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information)18 omit paragraphs (j) and (k).
Wildlife and Countryside Act 1981
8
In section 11A of the Wildlife and Countryside Act 1981 (snares: training, identification numbers, tags etc.)19—
a
in subsection (3), for the third “a” substitute “the”;
b
in subsection (4)—
i
at the beginning, for “A” substitute “The”; and
ii
in paragraph (a), omit from the second “in” to “area”;
c
omit subsection (7);
d
in subsection (8)—
i
in paragraph (b), for “a” substitute “the”; and
ii
in paragraph (f), for “chief constables” substitute “the chief constable”; and
e
in subsection (9)—
i
for the definition of “chief constable” substitute—
“chief constable” means the chief constable of the Police Service of Scotland
ii
omit the definition of “chief constable’s police area”.
Road Traffic Regulation Act 1984
9
1
The Road Traffic Regulation Act 198420 is modified as follows.
2
In section 95 (appointment of traffic wardens)21, for subsection (2) substitute—
2
Police staff appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 and employed by the Scottish Police Authority may be designated by the chief constable of the Police Service of Scotland to discharge any such functions as are mentioned in subsection (1) above.
3
Housing (Scotland) Act 1987
10
1
The Housing (Scotland) Act 198724 is modified as follows.
2
In section 69A(1)(a) (power to refuse to sell houses required for police purposes)25, for the first “a” to “(c.77)” substitute “the Scottish Police Authority as landlord in relation to a house which it holds for the purposes of maintaining the Police Service of Scotland”.
3
In section 82 (interpretation of Part III)26, in the definition of “police authority”, for the first “a” to “section 19” substitute “the Scottish Police Authority established by section 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.
Housing (Scotland) Act 1988
11
1
The Housing (Scotland) Act 198827 is modified as follows.
2
In section 43(3)(a) (removal of special regimes for tenancies of housing associations etc.)28 omit sub-paragraph (vi) and the “or” immediately preceding it.
3
In section 45(4) (transfer of existing tenancies)29 omit paragraph (f) and the “or” immediately following it.
Tay Road Bridge Order Confirmation Act 1991
12
For section 24 of the Schedule to the Tay Road Bridge Order Confirmation Act 1991 (policing, etc. of bridge.)30 substitute—
24
1
In consideration of the watching and policing of the bridge being undertaken by the Police Service of Scotland, the Joint Board shall pay to the Scottish Police Authority annually such sum as may be agreed between the Scottish Police Authority and the Joint Board as representing the reasonable costs incurred by the Police Service of Scotland in policing and watching the bridge.
2
In the event of any difference arising between the Scottish Police Authority and the Joint Board in any year as to the amount of the payment to be made to the Scottish Police Authority by the Joint Board, such difference shall be referred to the decision of an arbiter appointed by the President for the time being of the Institute of Chartered Accountants of Scotland and the decision of such arbiter shall be final.
Road Traffic Act 1991
13
In paragraph 2(6) of Schedule 3 to the Road Traffic Act 1991 (special parking areas)31, for paragraph (a) substitute—
a
the chief constable of the Police Service of Scotland;
Tribunals and Inquiries Act 1992
14
In Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under supervision of Scottish Committee)32—
a
in paragraph 57(c) (pensions), for “a” to “(c.77)” substitute “the Police Service of Scotland within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”; and
b
in paragraph 57A (police), for “Schedule” to “(c.77)”, substitute “schedule 3 to the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.
Children (Scotland) Act 1995
15
In section 53(3) of the Children (Scotland) Act 1995 (provision of information to the Principal Reporter)33, for “(b)” to “1967” substitute “(d) of section 20(1) of the Police and Fire Reform (Scotland) Act 2012”.
Criminal Procedure (Scotland) Act 1995
16
In section 285 of the Criminal Procedure (Scotland) Act 1995 (previous convictions: proof, general)34—
a
in subsection (2)—
i
after “signed by” insert “or on behalf of”;
ii
for the first “Secretary of State” to the first “certificate” substitute “chief constable of the Police Service of Scotland”; and
iii
for the first “in pursuance” to the second “Metropolis” substitute “by the person by whom, or on whose behalf, the certificate is signed”; and
b
in subsection (5)—
i
after “signed by” insert “or on behalf of”;
ii
for the first “Secretary of State” to the first “certificate” substitute “chief constable of the Police Service of Scotland”;
iii
omit “the Secretary of State or by a person authorised by him to sign such a certificate or by”; and
iv
before “or the Commissioner” insert “the chief constable of the Police Service of Scotland”.
Police Act 1996
17
In section 62(1A)(a) of the Police Act 1996 (functions of the Board with respect to regulations)35 omit “(other than regulations relating to special constables)”.
Housing (Scotland) Act 2001
18
In paragraph 2(2) of schedule 1 to the Housing (Scotland) Act 2001 (police and fire service accommodation)36—
a
in paragraph (a), for “held” substitute “provided”; and
b
in paragraphs (a) and (b) for “a police force” substitute “the Police Service of Scotland”.
Proceeds of Crime Act 2002
19
1
The Proceeds of Crime Act 200237 is modified as follows.
2
In section 139(9) (serious default)38—
a
in paragraph (a), for “police authority” to “maintained” substitute “Scottish Police Authority”; and
b
after that paragraph, insert—
aa
if the person in default was a constable of the Police Service of Scotland, the compensation is payable by the Scottish Police Authority,
3
In section 302(7) (compensation)39—
a
in paragraph (b), for “police authority” to “maintained” substitute “Scottish Police Authority”; and
b
after that paragraph insert—
ba
in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority,
Sexual Offences Act 2003
20
1
The Sexual Offences Act 200340 is modified as follows.
2
In section 87(1)(a) (method of notification and related matters)41 omit “in his local police area”.
3
In section 88 (section 87: interpretation)42 omit subsection (3).
4
In section 88C(8) (review of the indefinite notification requirements: procedure and grounds)43, for “police force” to “resides” substitute “Police Service of Scotland”.
5
In section 89(5) (young offenders: parental directions)—
a
for “a chief constable” substitute “the chief constable of the Police Service of Scotland”; and
b
omit “within” to “force”.
6
In section 90(2)(parental directions: variations, renewals and discharges), for paragraph (e) substitute—
e
in Scotland—
i
where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and
ii
in any other case, the prosecutor;
7
In section 96A (police powers of entry to and examination of relevant offender’s home address)44—
a
in subsection (1)—
i
omit the first “of the relevant force”; and
ii
for the second “relevant force” substitute “Police Service of Scotland”;
b
in subsection (2)(d), for “relevant force” substitute “Police Service of Scotland”; and
c
in subsection (11)—
i
omit the definition of “the relevant force”; and
ii
in the definition of “senior police officer”, after “constable” insert “of the Police Service of Scotland”.
8
In section 103(1) (sections 97 to 100: Scotland)—
a
in paragraph (a), for the second “a” to “force” substitute “the chief constable of the Police Service of Scotland and to Scotland”; and
b
in paragraph (c) omit “within” to “force”.
9
In section 105(1) (SOPOs: further provision as respects Scotland)45—
a
for “A chief constable” substitute “The chief constable of the Police Service of Scotland”; and
b
for “the area of his police force” substitute “Scotland”.
10
In section 112(1)(c) (sections 104 and 106 to 109: Scotland)46, for the second “a” to “force” substitute “the chief constable of the Police Service of Scotland and to Scotland”.
11
In section 121(1)(a) (sections 114 to 118: Scotland), for the second “a” to “force” substitute “the chief constable of the Police Service of Scotland and to Scotland”.
Police, Public Order and Criminal Justice (Scotland) Act 2006
21
In section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (interpretation of Chapter 2)47, in the definition of “Police Service”, for “for” substitute “of”.
PART 2Modification of statutory instruments
Local Authority Accounts (Scotland) Regulations 1985
22
In the Schedule to the Local Authority Accounts (Scotland) Regulations 1985 (content of remuneration report)48—
a
in paragraph 1 (definitions), in the definition of “relevant person” for “a senior councillor, senior employee or senior police officer” substitute “a senior councillor or senior employee”;
b
in that paragraph omit the definition of “senior police officer”;
c
in paragraph 4 (general disclosure by pay band) omit “, or police officers with,”;
d
in paragraph 7(a) omit “or senior police officers”;
e
in paragraph 8(d) and (e) omit “or police officer”; and
f
in paragraph 10(a) omit “or senior police officers”.
Local Authorities (Publicity Account) (Exemption) (Scotland) Order 1988
23
In paragraph 5 of Schedule 1 to the Local Authorities (Publicity Account) (Exemption) (Scotland) Order 198849 (descriptions of exempt publicity), for “a” to “authority” substitute “the chief constable of the Police Service of Scotland”.
Council Tax (Administration and Enforcement) (Scotland) Regulations 1992
24
In regulation 3(2) of the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 (information from public bodies)50 omit sub-paragraph (b).
Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998
25
1
In regulation 38 of the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (interpretation of Part V)51—
a
in paragraph (1)52—
i
for “section” to “1967” substitute “section 25 of the Police and Fire Reform (Scotland) Act 2012”; and
ii
for the second “police” to “training” substitute “Scottish Police Authority”; and
b
in paragraph (3)(b), for “27” to “1967” substitute “48 of the Police and Fire Reform Act 2012”.
Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004 (S.S.I. 2004/205)
26
In regulation 10 of the Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004 (giving a notification)53, for paragraphs (1) and (2) substitute—
1
For the purpose of giving a notification under section 86(2), as required by regulation 5(2), or under section 86(3), or a further notification under section 86(2), as required by regulation 7, a relevant offender must attend at a police station prescribed under section 87.
Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005
27
1
The Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 200554 are modified as follows.
2
In regulation 2(1) (interpretation)55, after the definition of “community risk register” insert—
“co-ordination area” means any of the following areas comprising the local government areas (as defined by section 1 of, and Schedule 1 to, the Local Government etc. (Scotland) Act 199456 and as adjusted under section 17 of the Local Government (Scotland) Act 197357)—
- a
Dumfries and Galloway;
- b
North Ayrshire, Inverclyde, Dumbarton and Clydebank, Argyll and Bute, Renfrewshire, East Renfrewshire, East Dunbartonshire, City of Glasgow, North Lanarkshire, South Lanarkshire, East Ayrshire and South Ayrshire;
- c
Falkirk, Clackmannan and Stirling;
- d
West Lothian, City of Edinburgh, Midlothian, East Lothian and The Borders;
- e
Perthshire and Kinross, City of Dundee and Angus;
- f
Moray, Aberdeenshire and City of Aberdeen;
- g
Fife; or
- h
Highland, Orkney Islands, Shetland Islands and Western Isles;
3
For each reference to “police area” in the Regulations substitute “co-ordination area”.
Management of Offenders etc. (Scotland) Act 2005 (Designation of Partner Bodies) Order 2006
28
For article 2(a) of the Management of Offenders etc. (Scotland) Act 2005 (Designation of Partner Bodies) Order 200658 substitute—
a
the chief constable of the Police Service of Scotland;
Serious Organised Crime and Police Act 2005 (Specified Persons for Financial Reporting Orders) (Scotland) Order 2006
29
1
The Serious Organised Crime and Police Act 2005 (Specified Persons for Financial Reporting Orders) (Scotland) Order 200659 is modified as follows.
2
In article 1 (citation, commencement, extent and interpretation)60—
a
in the heading, for “, extent and interpretation” substitute “and extent”; and
b
omit paragraph (3).
3
In article 2 (specified persons)61—
a
for sub-paragraph (a) substitute—
a
a senior officer of the Police Service of Scotland (within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012).
b
omit sub-paragraph (b).
National Health Service Central Register (Scotland) Regulations 2006
30
In Schedule 2 to the National Health Service Central Register (Scotland) Regulations 2006 (information which may be provided from the register and persons to whom it may be provided)62, for the words in column (2) of entry 7 substitute—
A chief constable of a police force in England and Wales or Northern Ireland, the chief constable of the police service of Scotland or the Security Service.
Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007
31
In the Schedule to the Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007 (listed tribunals)63, for the entry relating to a police appeals tribunal substitute—
A police appeals tribunal constituted in accordance with section 56 of, and schedule 3 to, the Police and Fire Reform (Scotland) Act 2012 (asp 8).
Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Regulations 2008
32
In Schedule 1 to the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Regulations 2008 (list of police stations)64 omit the column with the heading “POLICE AREA”.
Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 2009
33
In the Schedule to the Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 2009 (offences prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003)65, after paragraph 8 insert—
8A
An offence under section 90(1)(a) of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (assaulting or impeding police), but only in respect of an assault on an individual acting in a capacity mentioned in subsection (3)(a) or (c) of that section.
Police Act 1997 (Criminal Records) (Scotland) Regulations 2010
34
1
The Police Act 1997 (Criminal Records) (Scotland) Regulations 201066 are modified as follows.
2
In regulation 5 (central records: prescribed details)67, in paragraphs (1)(a) and (2)(a), for “Scottish Police Services Authority” substitute “Police Service of Scotland”.
3
In regulation 7 (enhanced criminal record certificates: police forces) omit sub-paragraph (a).
4
In regulation 8(1) (enhanced criminal record certificates: relevant police forces) omit sub-paragraph (j).
5
In regulation 16(2) (appropriate bodies to pay fee for information provided to the Scottish Ministers)68 omit sub-paragraph (h).
Knives etc. (Disposal of Forfeited Property) (Scotland) Order 2010
35
1
The Knives etc. (Disposal of Forfeited Property) (Scotland) Order 201069 is modified as follows.
2
In article 2 (interpretation) omit the definition of “the relevant authority”.
3
In article 4 (disposal of property)70, for “relevant authority”, in each place it occurs, substitute “Scottish Police Authority”.
Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010
36
In Schedule 1 to the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 (prescribed offices, ranks and positions with relevant public authorities for the purposes of sections 6, 7 and 8 of the 2000 Act)71—
a
in the first entry, for the words in column 1 substitute “The Police Service of Scotland”; and
b
in the second entry—
i
for the words in column 1 substitute “The Police Investigations and Review Commissioner”;
ii
for the words in column 2 substitute “The Police Investigations and Review Commissioner”; and
iii
for the word in column 3 substitute “Director of Investigations”.
Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010
37
In regulation 7 of the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 201072 (prescribed bodies) omit sub-paragraph (h).
Scottish Parliament (Disqualification) Order 2010
38
In Part I of the Schedule to the Scottish Parliament (Disqualification) Order 2010 (office-holders disqualified from being a member of the Scottish Parliament)73 omit—
a
“Chief Executive or member of, or constable seconded to, the Scottish Police Services Authority.”; and
b
“Director General, Deputy Director General or police member of the Scottish Crime and Drug Enforcement Agency.”.
Prisons and Young Offenders Institutions (Scotland) Rules 2011
39
In rule 68 of the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (visits by police constables)74—
a
in paragraph (1) omit from the first “or” to the second “Agency,”; and
b
for paragraph (2) substitute—
2
A police constable may only visit or see a prisoner under paragraph (1) on production of the written authority of a procurator fiscal or the chief constable of the Police Service of Scotland.
Snares (Identification Numbers and Tags) (Scotland) Order 2012
40
1
The Snares (Identification Numbers and Tags) (Scotland) Order 201275 is modified as follows.
2
In article 3(1) (application for an identification number), omit from the second “in” to the end.
3
In article 4 (evidence of training), for “A” substitute “The”.
4
In article 5 (issuing of identification numbers)—
a
in paragraph (1), for “a” substitute “the”; and
b
omit paragraph (2).
5
In article 6 (record keeping)—
a
in paragraph (1), for “Chief Constable of Strathclyde Police” substitute “chief constable”; and
b
in sub-paragraph (a) of that paragraph, omit “in all police areas”.