SCHEDULE 2Membership of the Scottish Crime and Drug Enforcement Agency

Director General and Deputy Director General: common provisions

4

1

A person appointed as Director General or Deputy Director General—

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.