The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order makes provision and modifications in consequence of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (“the Act”).

Article 3 makes provision to enable persons not covered by the Act to disclose information to the Scottish Crime and Drug Enforcement Agency (“the Agency”) and the Police Complaints Commissioner for Scotland (“the Commissioner) to enable the Agency and Commissioner to exercise any of their functions under the Act. Article 3 also provides that it will be an offence for any person to disclose information which has been sent to the Agency or the Commissioner by the Commissioners for Her Majesty’s Revenue and Customs, without obtaining their consent. Provision is also made in Article 3 for conditions on the further disclosure of information by a person, public body or office holder where that information has been disclosed to them by the Agency or Commissioner and such further disclosure is not covered by the relevant provisions of the Act.

Article 4 enables agreements to be made to establish and maintain procedures in Scotland for reviewing certain complaints made about the acts and omissions of the British Transport Police, the Civil Nuclear Constabulary, the Ministry of Defence Police, the Serious Organised Crime Agency, Her Majesty’s Revenue and Customs and immigration officers and officials who exercise certain types of enforcement functions which relate to asylum or immigration. The agreements will not be able to establish any procedures for reviewing complaints which may constitute a criminal offence or contain a statement about the terms and conditions of a person’s service or employment. An agreement which is entered into under this article will have no effect on any action carried out any person or body about whom complaints procedures can be established under this article when that person or body is outside Scotland. Article 4 also makes provision about the sharing of certain information between the Commissioner and the Parliamentary Commissioner for Administration.

Article 5 makes it an offence in England, Wales and Northern Ireland to fail to comply with any requirement imposed on a person by a football banning order made under section 51 or 52 of the Act.

Article 6 and the Schedule make modifications of primary and secondary legislation in consequence of the Act.