Police, Public Order and Criminal Justice (Scotland) Act 2006

SCHEDULE 2 S Membership of the Scottish Crime and Drug Enforcement Agency

(introduced by section 12(2))

The Director General S

1 (1) The first Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Director of the Scottish Drug Enforcement Agency (“the old Agency”). S

(2) The first Director General holds office as Director General until the term of appointment as Director of the old Agency would have ended.

(3) Each subsequent Director General —

(a) is to be appointed by the Authority; and

(b) holds office for a term of 3 years.

(4) The Authority may extend the Director General's term of office by a single period not exceeding 3 years.

(5) A person is disqualified from appointment, and from holding office, as Director General if that person is a member of the Authority.

(6) A person may be appointed as Director General only if the person satisfies any requirements that the Scottish Ministers may specify in regulations and—

(a) holds the rank of deputy chief constable in a police force; or

(b) is eligible to apply for a post of that rank.

(7) Despite section 5(3) of the 1967 Act, a person referred to in sub-paragraph (6)(b) who is appointed as Director General is, by virtue of the appointment, promoted to the rank of deputy chief constable.

(8) The Scottish Ministers may by order amend sub-paragraphs (6) and (7) so as to substitute for the rank for the time being specified there another rank.

(9) In sub-paragraph (1), “the Scottish Drug Enforcement Agency” means the organisation known by that name and established under section 36(1)(a)(ii) of the 1967 Act.

The Deputy Director General S

2 (1) The first Deputy Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Deputy Director of the old Agency. S

(2) The first Deputy Director General holds office as Deputy Director General until the term of appointment as Deputy Director of the old Agency would have ended.

(3) Each subsequent Deputy Director General—

(a) is to be appointed by the Authority; and

(b) holds office for a term of 3 years.

(4) The Authority may extend the Deputy Director General's term of office by a single period not exceeding 3 years.

(5) A person is disqualified from appointment, and from holding office, as Deputy Director General if that person is a member of the Authority.

(6) A person may be appointed as Deputy Director General only if the person satisfies any requirements that the Scottish Ministers may specify in regulations and—

(a) holds the rank of assistant chief constable in a police force; or

(b) is eligible to apply for a post of that rank.

(7) Despite section 5(3) of the 1967 Act, a person referred to in sub-paragraph (6)(b) who is appointed as Deputy Director General is, by virtue of the appointment, promoted to the rank of assistant chief constable.

(8) The Scottish Ministers may by order amend sub-paragraphs (6) and (7) so as to substitute for the rank for the time being specified there another rank.

(9) In sub-paragraphs (1) and (2), “the old Agency” has the meaning given by paragraph 1(1).

Termination or suspension of appointment of Director General and Deputy Director General S

3 (1) Where the Authority has complied with sub-paragraphs (2) to (4) in relation to the Director General, it may call on the Director General to retire or to resign from office as Director General— S

(a) in the interests of efficiency or effectiveness; or

(b) by reason of any misconduct by the Director General.

(2) The Authority must give the Director General—

(a) an explanation in writing of the grounds on which the Authority proposes to call upon the Director General to retire or resign as mentioned in sub-paragraph (1)(a) or (b); and

(b) an opportunity to make representations to the Authority (including an opportunity to make them in person).

(3) The Authority must consider any representations made by or on behalf of the Director General.

(4) The Authority must consult the Scottish Ministers.

(5) If the Director General is, under sub-paragraph (1), called upon to retire or resign, the Director General must retire or resign with effect from—

(a) such date as the Authority may specify; or

(b) such earlier date as may be agreed between the Director General and the Authority.

(6) If the Authority considers that it is necessary for the maintenance of public confidence in the Agency to do so, the Authority may, after consulting the Scottish Ministers, suspend the Director General from duty.

(7) Nothing in this paragraph affects any power of the Authority to terminate or suspend the Director General's appointment in accordance with the terms and conditions of that appointment.

(8) Sub-paragraphs (1) to (7) apply in relation to the Deputy Director General as they apply in relation to the Director General.

Director General and Deputy Director General: common provisions S

4 (1) A person appointed as Director General or Deputy Director General— S

(a) is, subject to paragraph 9(1), appointed on such terms and conditions as the Scottish Ministers may specify;

(b) is by virtue of the appointment a member of the staff of the Authority;

(c) is, if immediately before appointment a constable of a police force, engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(bf) of the 1967 Act;

(d) in any other case—

(i) is, on appointment, appointed to the office of constable of the Agency; and

(ii) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine covering the proper discharge of the duties of the office.

(2) Without prejudice to any other enactment conferring powers on constables for particular purposes, where the Director General or Deputy Director General makes a declaration such as is mentioned in sub-paragraph (1)(d)(ii), the Director General or (as the case may be) the Deputy Director General has all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.

(3) In sub-paragraph (2)—

• “powers” includes powers under any enactment, whenever passed or made;

• “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and in that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

Remuneration and pensions of Director and Deputy Director S

5 (1) Subject to paragraph 9(1), the Authority must pay to the Director General and Deputy Director General such remuneration, allowances and expenses as the Scottish Ministers determine. S

(2) The Authority must pay or make arrangements for the payment of such pensions, allowances or gratuities to, or in respect of, any person who has ceased to be the Director General or the Deputy Director General as the Scottish Ministers determine.

(3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

(4) The arrangements mentioned in sub-paragraph (2) may include—

(a) the making of contributions or payments towards provision for pensions, allowances or gratuities mentioned there; and

(b) the establishment and administration of pension schemes.

Delegation of Director General's functions S

6 (1) The Deputy Director General may carry out any of the functions of the Director General under this Act or any other enactment— S

(a) during any absence, incapacity or suspension from duty of the Director General; or

(b) during any vacancy in the office of Director General.

(2) Anything authorised or required to be done by the Director General may be done by any other member of the Agency who is authorised for the purpose by the Director General (whether generally or specifically).

(3) Sub-paragraph (2) does not apply to anything authorised or required to be done by the Director General under—

(a) Part III of the Police Act 1997 (c. 50) (authorisation of action in respect of property); or

(b) the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11).

Police members S

7 (1) The police members of the Agency are to be appointed by the Authority. S

(2) A person may be appointed under sub-paragraph (1) only if—

(a) the person is a constable who is seconded to the Authority under paragraph 10(2) of schedule 1;

(b) the person is a person who is seconded to the Authority under paragraph 10(3) of schedule 1; or

(c) the person has any qualifications for appointment as a constable which are specified in regulations under section 23 and the appointment is to a police rank in the Agency.

(3) A police member of the Agency appointed by virtue of sub-paragraph (2)(a)—

(a) is engaged with the Agency on a period of relevant service within the meaning of section 38A(1)(be) of the 1967 Act;

(b) does not, by virtue of the appointment, cease to be a member of staff of the Authority.

(4) A police member of the Agency appointed by virtue of sub-paragraph (2)(b)—

(a) does not, by virtue of the appointment, cease to be a member of staff of the Authority;

(b) is, on appointment, appointed to the office of constable of the Agency; and

(c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.

(5) A police member of the Agency appointed by virtue of sub-paragraph (2)(c)—

(a) becomes, on appointment, a member of staff of the Authority;

(b) is, on appointment, appointed to the office of constable of the Agency; and

(c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.

(6) Without prejudice to any other enactment conferring powers on constables for particular purposes, where a police member of the Agency makes a declaration such as is mentioned in sub-paragraph (4)(c) or (5)(c), the member shall have all the powers and privileges of a constable throughout Scotland and (without prejudice to section 1(2) of the 1967 Act) the adjacent United Kingdom waters.

(7) Subject to section 23 and paragraph 9(1) of this schedule, an appointment in accordance with this paragraph is made on such terms and conditions as the Authority may determine.

(8) A determination under sub-paragraph (7) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.

(9) Before making an appointment in accordance with this paragraph, or determining the terms and conditions on which such an appointment is to be made, the Authority must consult the Director General of the Agency.

(10) In sub-paragraph (6)—

• “powers” includes powers under any enactment, whenever passed or made;

• “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;

and that sub-paragraph, so far as it relates to powers under any enactment, makes them exercisable throughout the United Kingdom waters whether or not the enactment applies to those waters apart from this provision.

Support staff members S

8 (1) The Authority may appoint support staff members of the Agency. S

(2) A person may be appointed under sub-paragraph (1) only if the person is by virtue of paragraph 10(1) of schedule 1 an employee of the Authority.

(3) A person appointed under sub-paragraph (1) does not, by virtue of that appointment, cease to be a member of staff of the Authority.

Supplementary S

9 (1) The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it as they think fit (subject to such modifications as they consider appropriate) to the Director General, the Deputy Director General and police members of the Agency. S

(2) Before making an order under sub-paragraph (1) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—

(a) submit a draft to the Police Advisory Board for Scotland; and

(b) consider any representations made by the Board as to the draft.