Citation, commencement and interpretation

1.—(1) This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No.10 and Savings) (Scotland) Order 1996 and shall come into force on 1st August 1996.

(2) In this Order—

“the 1967 Act” means the Police (Scotland) Act 1967(2);

“the 1967 Regulations” means the Police (Discipline) (Scotland) Regulations 1967(3);

“the 1969 Rules” means the Police (Appeals) (Scotland) Rules 1969(4);

“the 1990 Regulations” means the Police (Discipline) (Senior Officers) (Scotland) Regulations 1990(5);

“the 1994 Act” means the Police and Magistrates' Court Act 1994;

“disciplinary offence” means a disciplinary offence set out in the Discipline Code in Schedule 1 to the 1967 Regulations;

“existing case” means any case where an act or omission was committed or made by a constable of a police force before 1st August 1996, which amounts or may amount to a disciplinary offence at the time when the act or omission was committed or made and, without prejudice to that generality, an existing case includes any such case irrespective of whether it is before, on or after that date that—

but, for the avoidance of doubt, it does not include any case where—

“existing provisions” means—

and any reference in this definition to a provision of the Police Act 1964 or the 1967 Act or to the 1969 Rules, the 1967 Regulations or the 1990 Regulations (but not to any rules or regulations amending those Rules or Regulations on or after 1st August 1996) is a reference to that provision or to those Rules or Regulations as in force immediately before 1st August 1996.

Provisions of the 1994 Act coming into force on 1st August 1996

2.  The provisions of the 1994 Act which are specified in column 1 of the Schedule to this Order, and described by reference to the subject matter in column 2 of that Schedule, shall, insofar as not then in force, come into force on 1st August 1996 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

Savings

3.  Notwithstanding any repeal or amendment effected by the provisions of the 1994 Act specified in the Schedule to this Order, the existing provisions shall continue to apply in relation to any existing case.

Article 2

SCHEDULEPROVISIONS OF THE 1994 ACT WHICH COME INTO FORCE ON 1ST AUGUST 1996

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st August 1996 the remaining provisions of Part II (which concern the arrangements for policing in Scotland) of the Police and Magistrates' Courts Act 1994 and related repeals.

The provisions brought into force are listed in the Schedule to this Order subject to any restriction of purpose specified.

Article 3 makes provision for certain savings in relation to proceedings brought under provisions of the Police (Scotland) Act 1967 which are substituted by provisions of the said Act of 1994 which are brought into force by this Order.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Police and Magistrates' Courts Act 1994 have been brought into force by commencement order made before the date of this Order: