Police and Fire Reform (Scotland) Act 2012

SCHEDULE 7 Minor and consequential amendments

(introduced by section 128(1))

PART 1 Amendments relating to Part 1

Police (Scotland) Act 1967 (c.77)

1 (1) The Police (Scotland) Act 1967 is amended as follows.

(2) In section 32A (grants for expenditure on safeguarding national security), in subsection (1), for “a police authority or joint police board” substitute “the Scottish Police Authority”.

(3) In section 42 (causing disaffection)—

(a) in subsection (1), for “any police force” substitute “the Police Service of Scotland”,

(b) in subsection (3), for “any police force” substitute “the Police Service of Scotland”.

Health and Safety at Work etc. Act 1974 (c.37)

2 In section 51A of the Health and Safety at Work etc. Act 1974 (application of Part to police)—

(a) in subsection (2E), for paragraph (a) substitute—

“(a) section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);”,

(b) in subsection (3)(b), for “each chief officer of police in Scotland” substitute “the chief constable of the Police Service of Scotland”.

Rehabilitation of Offenders Act 1974 (c.53)

3 In section 9B of the Rehabilitation of Offenders Act 1974 (unauthorised disclosure of spent alternatives to prosecution: Scotland), in subsection (1)(a)(ii), after “court,” insert “the Police Service of Scotland or another”.

Slaughter of Animals (Scotland) Act 1980 (c.13)

4 In section 22 of the Slaughter of Animals (Scotland) Act 1980 (interpretation), in the definition of “constable” for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

5 In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Part I, in Group B—

(a) after paragraph (f) insert—

“(fa) members and staff of the Scottish Police Authority;”,

(b) for paragraph (i) substitute—

“(i) constables of the Police Service of Scotland (including constables engaged on temporary service within the meaning of section 15 of the Police and Fire Reform (Scotland) Act 2012 (asp 8));”,

(c) for paragraph (n) substitute—

“(n) persons appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012;”,

(d) after paragraph (w) insert—

“(wza) persons who, at any time within the 5 years immediately preceding the date at which the eligibility, in terms of section 1 of this Act, for jury service is being considered, were members or employees of the Scottish Police Services Authority;”.

Civic Government (Scotland) Act 1982 (c.45)

6 (1) The Civic Government (Scotland) Act 1982 is amended as follows.

(2) In section 8 (interpretation of Parts 1 and 2)—

(a) for paragraph (a) of the definition of “authorised civilian employee” substitute—

“(a) appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8); and”,

(b) for the definition of “chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland;”.

(3) In section 61(2) (protection of insecure premises), for “police authority” substitute “Scottish Police Authority”.

(4) In section 62(12) (notification of processions), for the definition of “chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland; and”.

(5) In section 77(1) (financial provisions relating to lost or abandoned property) for the words from “police” where it first occurs to “1967” substitute “Scottish Police Authority”.

(6) In section 79 (interpretation of Part 4), for the definition of “chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland;”.

(7) In section 85(1) (financial provisions: property of persons in custody) for the words from “police” where it first occurs to “1967” substitute “Scottish Police Authority”.

(8) In section 86(1) (interpretation of Part 7 etc.) for the words from “for” where it first occurs to the end substitute “of the Police Service of Scotland.”.

(9) In section 86D (duty of care etc.), for “the proviso to section 17(3)(b) of the Police (Scotland) Act 1967” substitute “section 17(3)(a) of the Police and Fire Reform (Scotland) Act 2012”.

(10) In section 86F (retention of relevant property by police authority)—

(a) in subsection (1)—

(i) for “a chief constable” substitute “the chief constable”,

(ii) for “police authority” substitute “Scottish Police Authority”,

(b) the title of the section becomes “Retention of relevant property by Scottish Police Authority”.

(11) In section 86J (references in Part 7A to “chief constable”), for the words from “for” where it first occurs to the end substitute “of the Police Service of Scotland.”.

(12) In paragraph 3 of Schedule 2 (definitions)—

(a) in the definition of “authorised civilian employee”, for paragraph (a) substitute—

“(a) appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8); and”,

(b) for the definition of “chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland;”.

(13) In Schedule 2A (retention and disposal of certain property)—

(a) in paragraph 3, for the words “the proviso to section 17(3)(b) of the Police (Scotland) Act 1967” substitute “section 17(3)(a) of the Police and Fire Reform (Scotland) Act 2012”,

(b) in paragraph 8, for the definition of “chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland;”.

Roads (Scotland) Act 1984 (c.54)

7 (1) The Roads (Scotland) Act 1984 is amended as follows.

(2) In section 33(2) (snow gates), in the entry beginning with “constable” for the words from “sections” to “(interpretation)” substitute “section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

(3) In section 37(1)(a) (consultation and local inquiries as regards road humps), for the words from “officer” to “situated” substitute “constable of the Police Service of Scotland”.

(4) In section 59(5) (control of obstructions in roads), for “police authority” substitute “Scottish Police Authority”.

(5) In section 86 (removal of builders’ skips causing danger or obstruction)—

(a) in subsection (4), for “police authority” substitute “Scottish Police Authority”,

(b) in subsection (5), for “police authority” (in both places where it occurs) substitute “Scottish Police Authority”,

(c) in subsection (6), for “police authority” substitute “Scottish Police Authority”.

(6) In section 98 (control of stray and other animals on roads)—

(a) in subsection (2), for “police authority” substitute “Scottish Police Authority”,

(b) in subsection (3), for “police authority” substitute “Scottish Police Authority”,

(c) in subsection (4), for “police authority” substitute “Scottish Police Authority”.

(7) After section 120, insert—

“120A Delegation by the Scottish Police Authority

(1) The Scottish Police Authority may delegate to the chief constable of the Police Service of Scotland any of its functions under the sections mentioned in subsection (2).

(2) The sections are—

(a) section 59;

(b) section 86; and

(c) section 98.”.

Prisons (Scotland) Act 1989 (c.45)

8 In section 14 of the Prisons (Scotland) Act 1989 (legalised police cells)—

(a) in subsection (1)—

(i) for “a police authority” substitute “the Scottish Police Authority”,

(ii) for “police authority” where it second occurs substitute “Scottish Police Authority”,

(b) in subsection (3), in the proviso, for “police authority” substitute “Scottish Police Authority”,

(c) in subsection (4), for “police authority” substitute “Scottish Police Authority”,

(d) in subsection (5), for the words from “police” to “cells” substitute “Scottish Police Authority”.

Criminal Justice and Public Order Act 1994 (c.33)

9 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 102(5) (arrangements for the provision of prisoner escorts), for “prescribed under section 9(1A)(b) of the Police (Scotland) Act 1967 (c.77)” substitute “under section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

(3) In section 163 (local authority powers to provide closed-circuit television)—

(a) in subsection (3), after “area” insert “or, in Scotland, the local commander designated for the local authority’s area”,

(b) in subsection (4), after the definition of “local authority” insert—

• ““local commander” has the meaning given by section 44 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);”.

Local Government etc. (Scotland) Act 1994 (c.39)

10 In section 150(1) of the Local Government etc. (Scotland) Act 1994 (traffic signs), for “chief officer of police for the area concerned” substitute “chief constable of the Police Service of Scotland”.

Children (Scotland) Act 1995 (c.36)

11 (1) The Children (Scotland) Act 1995 is amended as follows.

(2) In section 78 (powers of arrest etc. in relation to exclusion order)—

(a) in subsection (4)—

(i) paragraphs (a) and (b) are repealed, and

(ii) after “delivered” insert “to the chief constable of the Police Service of Scotland”,

(b) in subsection (5), for “each chief constable specified in subsection (4) above” substitute “the chief constable of the Police Service of Scotland”.

(3) In section 93(1) (interpretation of Part 2), in the definition of “constable” for “a police force within the meaning of the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.

Criminal Procedure (Scotland) Act 1995 (c.46)

12 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 12 (instructions by Lord Advocate as to reporting of offences)—

(a) for first “a” substitute “the”,

(b) the words from “within” to “therewith” are repealed.

(3) In section 18(4)(b) (prints, samples etc. in criminal investigations), for “any police force” substitute “the Police Service of Scotland”.

(4) In section 18A (retention of samples etc.: prosecutions for sexual and violent offences)—

(a) in subsection (5), for “relevant chief constable” substitute “chief constable of the Police Service of Scotland”,

(b) in subsection (11), the definition of “the relevant chief constable” is repealed.

(5) In section 18C (section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences)—

(a) in subsection (2), for “relevant chief constable” substitute “chief constable of the Police Service of Scotland”,

(b) in subsection (11), the definition of “the relevant chief constable” is repealed.

(6) In section 18F (retention of samples etc. relating to children: appeals)—

(a) in subsection (1), for “relevant chief constable” substitute “chief constable of the Police Service of Scotland”,

(b) in subsection (10), the definition of “the relevant chief constable” is repealed.

(7) In section 19(4)(b) (prints, samples etc. in criminal investigations: supplementary provisions), for “police force which instructed the analysis” substitute “Police Service of Scotland”.

(8) In section 19C (use of certain samples etc.)—

(a) in subsection (1)(e)—

(i) for paragraph (i) substitute—

“(i) the Police Service of Scotland (“the Police Service”),”,

(ii) in paragraph (ii), for “Services Authority” substitute “Authority (“the Authority”),”,

(iii) in paragraph (iii), for “a police force” substitute “the Police Service or the Authority”,

(b) in subsection (4), for the words from “a” where it first occurs to “force” where it third occurs substitute “the Police Service, the Authority or a person acting on behalf of the Police Service or the Authority, the Police Service”,

(c) in subsection (5), for the words from “A” to “force” where it second occurs substitute “The Police Service, the Authority or a person acting on behalf of the Police Service or the Authority”.

(9) In section 194I(4) (power of Scottish Criminal Cases Review Commission to obtain documents), in the definition of “public body”, for paragraph (a) substitute—

“(a) the Police Service of Scotland;”.

(10) In section 307(1) (interpretation)—

(a) in the definition of “constable”, for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”,

(b) in the definition of “officer of law”, for paragraph (c) substitute—

“(c) any person who is appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 who is either authorised by the chief constable of the Police Service of Scotland in relation to such service and execution or is a police custody and security officer;”.

(11) In Schedule 9 (certificates as to proof of certain routine matters), in the entry for the Firearms Act 1968 (c.27), in the second column, for “police force maintained for the authority’s area” substitute “Police Service of Scotland”.

Police Act 1996 (c.16)

13 (1) The Police Act 1996 is amended as follows.

(2) In section 59(2) (police federations), for “section 26(2A) of the Police (Scotland) Act 1967” substitute “under section 48 of the Police and Fire Reform (Scotland) Act 2012 in so far as relating to the matters described in section 52 of that Act,”.

(3) In section 60(2) (regulations for police federations)—

(a) in paragraph (c), for “police authorities” substitute “the Scottish Police Authority”,

(b) in paragraph (d), for “police authorities” substitute “the Scottish Police Authority”,

(c) in paragraph (e), for “26 of the Police (Scotland) Act 1967” substitute “48 of the Police and Fire Reform (Scotland) Act 2012”.

(4) In section 62(1A)(a) (functions of the Board with respect to regulations), for “26 or 27 of the Police (Scotland) Act 1967” substitute “48 of the Police and Fire Reform (Scotland) Act 2012”.

(5) In section 99(1) (jurisdiction of metropolitan police officers), for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.

Police Act 1997 (c.50)

14 (1) The Police Act 1997 is amended as follows.

(2) In section 93 (authorisations to deal with property etc.)—

(a) in subsection (3)—

(i) after paragraph (za) insert—

“(zb) if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;”,

(ii) in paragraph (a), for “(5)(d) to” substitute “(5)(e),”,

(iii) after paragraph (e) insert—

“(ea) if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.”,

(b) after subsection (3A) insert—

“(3ZA) An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.”,

(c) in subsection (5)—

(i) for paragraph (d) substitute—

“(d) the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;”,

(ii) after paragraph (i) insert—

“(ia) the Police Investigations and Review Commissioner.”,

(d) in subsection (6)(b), for the words from “of” to “maintained” substitute “or (ia) of subsection (5), means Scotland”.

(3) In section 94 (authorisations given in absence of authorising officer)—

(a) in subsection (1)(b), for “, (c) or (d)” substitute “or (c)”,

(b) in subsection (2), after paragraph (g) insert—

“(ga) where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.”.

(4) In section 95 (authorisations: form and duration etc.)—

(a) in subsection (6), for “or (e),” substitute “, (d), (e)”,

(b) in subsection (7), for “, (c), (d) or (j)” substitute “or (c)”.

(5) In section 105(3) (appeals), for “, (c) or (d)” substitute “or (c)”.

(6) In section 107(4) (supplementary provisions)—

(a) in paragraph (a), for “police authority” substitute “the Scottish Police Authority”,

(b) after paragraph (b) insert—

“(bza) the functions of the Police Investigations and Review Commissioner under section 33A(b)(i) of the Police, Public Order and Criminal Justice (Scotland) Act 2006,”.

(7) In section 120A(4) (refusal and cancellation of registration), for “A chief constable of a police force in Scotland” substitute “The chief constable of the Police Service of Scotland”.

(8) In section 126 (interpretation of Part 5)—

(a) in the definition of “chief officer”, for sub-paragraph (ii) substitute—

“(ii) the chief constable of the Police Service of Scotland, and”,

(b) in the definition of “police authority”, for sub-paragraph (i) substitute—

“(i) the Scottish Police Authority, and”.

Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)

15 (1) The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as follows.

(2) In section 5 (lawful surveillance etc.), in subsection (3)(b), for “a police force” substitute “the Police Service”.

(3) In section 8(3) (entitlement to grant authorisations)—

(a) for paragraph (a) substitute—

“(aa) the Police Service;”,

(b) after paragraph (c) insert—

“(ca) the Police Investigations and Review Commissioner;”.

(4) In section 10(1A) (persons who may authorise intrusive surveillance)—

(a) in paragraph (a), for “every police force” substitute “the Police Service and any other senior officer of the Police Service who is designated by the chief constable for the purposes of this section”,

(b) after paragraph (a) insert—

“(aa) the Police Investigations and Review Commissioner;”.

(5) In section 11 (rules for grant of authorisations)—

(a) in subsection (1)—

(i) for “a police force” substitute “the Police Service”,

(ii) for “member of the same force” substitute “constable of the Police Service”,

(b) for subsection (2) substitute—

“(2) An authorisation for the carrying out of intrusive surveillance shall not be granted by the chief constable or any other senior officer of the Police Service except on an application by a constable of the Police Service.”,

(c) after subsection (2) insert—

“(2A) The Police Investigations and Review Commissioner shall not grant an authorisation for the carrying out of intrusive surveillance except—

(a) on an application by one of the Commissioner’s staff officers; and

(b) where the intrusive surveillance is to be carried out in relation to an investigation carried out in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.”,

(d) in subsection (4)—

(i) in paragraph (a)—

(A) for the words from “by” to “Agency” substitute “—

(i) by, or on the application of, a constable of the Police Service;”,

(B) after the words inserted by paragraph (A) insert—

“(ii) by the Police Investigations and Review Commissioner; or

(iii) by, or on the application of, a staff officer of the Police Investigations and Review Commissioner”,

(ii) in paragraph (b)(i), for the words from “member” to “or” substitute “constable of the Police Service, the Police Service; or

(ia) where that individual is the Police Investigations and Review Commissioner or a staff officer of that Commissioner, the Commissioner,”.

(6) After section 12 insert—

“12ZA Grant of authorisation in cases of urgency: Police Investigations and Review Commissioner

(1) This section applies in the case of an application to the Police Investigations and Review Commissioner for an authorisation for the carrying out of intrusive surveillance where the case is urgent.

(2) If it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by the Police Investigations and Review Commissioner, the application may be made to and considered by any staff officer of the Commissioner whom the Commissioner designates for the purposes of this section.”.

(7) In section 14(5)(a) (approval required for authorisations to take effect), for the words from “member” to “and” substitute “constable of the Police Service, the chief constable of the Police Service; and

(aa) in relation to an authorisation granted on an application by a staff officer of the Police Investigations and Review Commissioner, the Police Investigations and Review Commissioner.”.

(8) In section 16 (appeals against decisions by Surveillance Commissioners)—

(a) in the opening words of subsection (1), for the words from “A” to “Agency” substitute “A person who granted an authorisation for the carrying out of intrusive surveillance”,

(b) in subsection (1)(a), for the words from “an”, where second occurring, to “surveillance” substitute “the authorisation”,

(c) in subsection (1)(b), for “such an” substitute “the”,

(d) after subsection (1) insert—

“(1A) Where an authorisation for the carrying out of intrusive surveillance is granted by a senior officer of the Police Service designated by the chief constable under section 10(1A)(a), the chief constable shall also be entitled to appeal under this section.

(1B) Where an authorisation for the carrying out of intrusive surveillance is granted by a staff officer designated by the Police Investigations and Review Commissioner under section 12ZA(2), the Commissioner shall also be entitled to appeal under this section.”.”.

(9) In section 18 (information to be provided to the Surveillance Commissioners)—

(a) in paragraph (a), for “member of a police force” substitute “constable of the Police Service”,

(b) after that paragraph insert—

“(aa) the Police Investigations and Review Commissioner and every staff officer of the Commissioner,”.

(10) In section 20 (cancellation of authorisations) after subsection (2) insert—

“(2A) Where an authorisation under this Act was granted or, as the case may be, last renewed by a senior officer of the Police Service and it is not reasonably practicable for that senior officer to cancel it under subsection (1) above, any senior officer of the Police Service designated by the chief constable for the purposes of section 10 above may cancel the authorisation if satisfied as to either of the matters mentioned in subsection (1) above.

(2B) Where an authorisation under this Act was granted or, as the case may be, last renewed by the Police Investigations and Review Commissioner and it is not reasonably practicable for the Commissioner to cancel it under subsection (1) above, any person designated by the Commissioner for the purposes of section 12ZA above may cancel the authorisation if satisfied as to either of the matters mentioned in subsection (1) above.”.

(11) In section 23(5)(b) (complaints to the Tribunal)—

(a) for “a police force” substitute “the Police Service”,

(b) after the words inserted by sub-paragraph (a) insert “or to the Police Investigations and Review Commissioner”,

(c) repeal the words “or to the Scottish Crime and Drug Enforcement Agency”.

(12) In section 24(2)(b) (issue and revision of codes of practice)—

(a) for “a police force” substitute “the Police Service”,

(b) after the words inserted by sub-paragraph (a) insert “or to the Police Investigations and Review Commissioner”,

(c) repeal the words “or to the Scottish Crime and Drug Enforcement Agency”.

(13) In section 26(4)(c) (effect of codes of practice)—

(a) for “a police force” substitute “the Police Service”,

(b) after the words inserted by sub-paragraph (a) insert “or the Police Investigations and Review Commissioner”.

(14) In section 31(interpretation)—

(a) in subsection (1), for the definition of “police force” substitute—

• ““Police Service” means the Police Service of Scotland;”,

(b) after the definition of “residential premises” insert—

• ““senior officer” has the same meaning as in the Police and Fire Reform (Scotland) Act 2012 (asp 8);”,

(c) after subsection (4) insert—

“(4A) References in this Act to a staff officer of the Police Investigations and Review Commissioner are references to any person who—

(a) is a member of the Commissioner’s staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006; or

(b) is a member of the Commissioner’s staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.”.

Transport (Scotland) Act 2001 (asp 2)

16 (1) The Transport (Scotland) Act 2001 is amended as follows.

(2) In section 5(4) (consultation as to proposed quality partnership scheme), for paragraph (f) substitute—

“(fa) the chief constable of the Police Service of Scotland;”.

(3) In section 15(3) (consultation as to proposed quality contract scheme), for paragraph (g) substitute—

“(ga) the chief constable of the Police Service of Scotland;”.

International Criminal Court (Scotland) Act 2001 (asp 13)

17 In section 15(2) of the International Criminal Court (Scotland) Act 2001 (service of process), for “for the area in which the person appears to be” substitute “of the Police Service of Scotland”.

Protection from Abuse (Scotland) Act 2001 (asp 14)

18 In section 3 of the Protection from Abuse (Scotland) Act 2001 (notification to police), in the closing words of subsection (1), for the words from “any” to “recalled.” substitute “the Police Service of Scotland.”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

19 (1) The Scottish Public Services Ombudsman Act 2002 is amended as follows.

(2) In schedule 2 (listed authorities), for paragraph 32A substitute—

“32A The Police Investigations and Review Commissioner.”.

(3) In paragraph 1 of schedule 4 (matters which the Ombudsman must not investigate) for sub-paragraph (c) substitute—

“(c) by the Police Investigations and Review Commissioner,”.

Freedom of Information (Scotland) Act 2002 (asp 13)

20 In schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities)—

(a) in paragraph 6, for “Chief Inspector” substitute “Inspectors”,

(b) in paragraph 50, for “a police force in Scotland” substitute “the Police Service of Scotland”,

(c) for paragraph 75A (as inserted by paragraph 11(b) of schedule 6 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 and relating to the Police Complaints Commissioner for Scotland), substitute—

“75AB The Police Investigations and Review Commissioner.”.

Criminal Justice (Scotland) Act 2003 (asp 7)

21 (1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 56(4)(retaining sample or relevant physical data where given voluntarily)—

(a) in paragraph (a), for the words from “police” to “provided;” substitute “Police Service of Scotland;”,

(b) in paragraph (b)—

(i) in the opening words, repeal the words “within the area of that force”,

(ii) in sub-paragraph (i), repeal the words “of the force”.

Dog Fouling (Scotland) Act 2003 (asp 12)

22 In section 3 of the Dog Fouling (Scotland) Act 2003 (exceptions to offence), in subsection (1)(c)—

(a) for “Forces,” substitute “Forces or”,

(b) for “the police force for any area” insert “by a constable of the Police Service of Scotland”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

23 (1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(2) In section 8(3) (duty to bring specific matters to attention of Scottish Ministers and others etc.), for paragraph (l) substitute—

“(la) the Police Service of Scotland;”.

(3) In section 17(2) (duties of the Scottish Ministers, local authorities and others as respects Commission), for paragraph (f) substitute—

“(fa) the Police Service of Scotland;”.

(4) In section 35(2)(a) (warrants relating to inquiries into individual cases), for sub-paragraph (iii), substitute—

“(iiia) any constable of the Police Service of Scotland,”.

(5) In section 292(3) (warrant to enter premises for purposes of taking patient)—

(a) in paragraph (a), for sub-paragraph (iii) substitute—

“(iiia) any constable of the Police Service of Scotland,”,

(b) in paragraph (b), for the words from “of” where it first occurs to “situated” substitute “of the Police Service of Scotland”.

(6) In section 293(3) (removal to place of safety), in paragraph (a), for paragraph (iii) substitute—

“(iiia) any constable of the Police Service of Scotland,”.

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

24 (1) The Antisocial Behaviour etc. (Scotland) Act 2004 is amended as follows.

(2) In section 1 (antisocial behaviour strategies)—

(a) in subsection (1), for “relevant” substitute “the”,

(b) in subsection (11), for the entry for “relevant chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland.”.

(3) In section 2(6) (reports and information), for “relevant chief constable” substitute “chief constable”.

(4) In section 15(4) (records of orders), for paragraph (d) substitute—

“(d) the chief constable of the Police Service of Scotland;”.

(5) In section 18 (interpretation), in the entry for “relevant consultees”—

(a) in paragraph (a), for sub-paragraphs (i) and (ii) substitute—

“(ia) the chief constable of the Police Service of Scotland;”,

(b) in paragraph (b)—

(i) for sub-paragraph (i) substitute—

“(i) the chief constable of the Police Service of Scotland;”,

(ii) in sub-paragraph (ii), for “that person” substitute “the person in respect of whom the order is sought or made”.

(6) In section 31(4) (enforcement), for “for the area in which the premises are situated” substitute “of the Police Service of Scotland”.

(7) In section 35 (reimbursement of expenditure)—

(a) in subsection (1), for “a police authority” substitute “the Scottish Police Authority”,

(b) in subsection (3)(a)—

(i) in sub-paragraph (i), for the words from “police” to “situated;” substitute “Scottish Police Authority;”,

(ii) in sub-paragraph (ii), for “a police authority” substitute “the Scottish Police Authority”.

(8) In section 119(4) (records of antisocial behaviour orders made in criminal courts), for paragraph (d) substitute—

“(d) the chief constable of the Police Service of Scotland;”.

(9) In section 139(5) (disclosure and sharing of information), for paragraph (b) substitute—

“(b) the chief constable of the Police Service of Scotland;”.

Emergency Workers (Scotland) Act 2005 (asp 2)

25 In the Emergency Workers (Scotland) Act 2005, for section7 (saving for certain other offences) substitute—

“7A Interaction with offence of assaulting or impeding police

Nothing in this Act affects (or is affected by) section 90(2) of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (assaulting or impeding police).”.

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

26 (1) The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 is amended as follows.

(2) In section 2(1) (risk of sexual harm orders: applications, grounds and effect)—

(a) for “a police force” substitute “the Police Service of Scotland”,

(b) repeal the words from “who” where it first occurs to the word “area” where it second occurs.

(3) In section 4 (RSHOs: variations, renewals and discharges)—

(a) in subsection (2), after paragraph (a) insert—

“(aa) the chief constable of the Police Service of Scotland.”,

(b) in subsection (3)(a)—

(i) repeal the words from “, except” to “above,”,

(ii) for the word “that” where it second occurs substitute “the”,

(c) in subsection (3)(b), for the words “any of the other persons” insert “the other person”.

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

27 In section 86(2) of the Charities and Trustee Investment (Scotland) Act 2005 (local authority consents), for “police force for the area” substitute “Police Service of Scotland”.

Management of Offenders etc. (Scotland) Act 2005 (asp 14)

28 In section 10(7) of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders), for paragraph (a) substitute—

“(a) the chief constable of the Police Service of Scotland;”.

Licensing (Scotland) Act 2005 (asp 16)

29 (1) The Licensing (Scotland) Act 2005 is amended as follows.

(2) In each of the provisions mentioned in sub-paragraph (3), for each occurrence of the expression “appropriate chief constable” substitute “chief constable”.

(3) The provisions are—

• section 6(5)(a),

• section 7(4)(a),

• section 21(1)(d), (2)(a) and (3),

• section 22(2A),

• section 23(6)(a) and (b),

• section 24(5)(b), (6) and (10)(a),

• section 24A(1) and (2),

• section 26(3),

• section 27A(9)(b)(i),

• section 33(4), (5) and (7),

• section 40A(3),

• section 44(2), (3), (6) and (7),

• section 47(4A),

• section 48(2A),

• section 49(2A),

• section 51(1)(b),

• section 56(10),

• section 57(1)(a),

• section 61(1)(b),

• section 67(4)(a)(i),

• section 69(1)(a) and (2),

• section 70(1)(a) and (4)(b),

• section 73(1), (2) and 73(4),

• section 74(2)(b), (5)(b), (5A)(b) and (7)(b),

• section 75(4)(b) and 75(5),

• section 79(2)(b),

• section 83(2), (3), (5), (6), (7), (8)(b)(ii) and (10)(b).

(4) In section 12A(1) (chief constables’ reports to Licensing Boards and Local Licensing Forums)—

(a) for “Every” substitute “The”,

(b) repeal the words “whose area falls within the police area of the chief constable”.

(5) The title to section 12A becomes “Chief constable’s reports to Licensing Boards and Local Licensing Forums”.

(6) In section 84A (power of chief constable to report conduct inconsistent with the licensing objectives)—

(a) in subsection (1), for “a chief constable” substitute “the chief constable”,

(b) in subsection (2), for “a chief constable” substitute “the chief constable”.

(7) In section 105(3) (purchase of alcohol by or for a child or young person), for “A chief constable” substitute “The chief constable”.

(8) In section 147(1) (interpretation), for the entry for “appropriate chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland,”.

(9) In section 148 (index of defined expressions) for the words “appropriate chief constable” substitute “chief constable”.

(10) In paragraph 2(6) of schedule 2 (membership of local licensing forums), for paragraph (b) substitute—

“(ba) the chief constable,”.

Housing (Scotland) Act 2006 (asp 1)

30 In section 166 of the Housing (Scotland) Act 2006 (interpretation of Part relating to houses in multiple occupation), for the entry for “chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland,”.

Edinburgh Tram (Line Two) Act 2006 (asp 6)

31 In section 62 of the Edinburgh Tram (Line Two) Act 2006 (power to contract for police services), in subsection (1)—

(a) in paragraph (a), for the words “chief officer of police of any police force and the police authority” substitute “Scottish Police Authority”,

(b) in the closing words, for “members of the police force” substitute “the Police Service of Scotland”.

Edinburgh Tram (Line One) Act 2006 (asp 7)

32 In section 62 of the Edinburgh Tram (Line One) Act 2006 (power to contract for police services), in subsection (1)—

(a) in paragraph (a), for the words “chief officer of police of any police force and the police authority” substitute “Scottish Police Authority”,

(b) in the closing words, for “members of the police force” substitute “the Police Service of Scotland”.

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

33 (1) The Police, Public Order and Criminal Justice (Scotland) Act 2006 is amended as follows.

(2) In section 34 (“relevant complaint” and “person serving with police”)—

(a) in subsection (1), after “is” insert “made,”,

(b) in subsection (2)—

(i) for “written statement” substitute “statement (whether oral, written or electronic)”,

(ii) for paragraphs (a) to (e) substitute—

“(a) by the Authority;

(b) by the Police Service; or”,

(c) after subsection (2), insert—

“(2A) A “complaint” may relate to—

(a) any action taken, or failed to be taken, by or on behalf of the subject of the complaint;

(b) the standard of any service which the subject of the complaint has provided or failed to provide.”.

(3) In section 35 (examination of manner of handling of complaint)—

(a) in subsection (3), after paragraph (b) insert “; and

(c) if the Commissioner considers it appropriate to do so, publish the report drawn up under paragraph (b) in such manner as the Commissioner considers appropriate.”,

(b) in subsection (8)(b), for the words from “any” to “authority” substitute “the Authority where the appropriate authority is the chief constable”,

(c) in subsection (10), for the words from “proceedings” to “procedures)” substitute “procedures made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) for dealing with constables whose standard of behaviour or performance is unsatisfactory”.

(4) In section 36—

(a) in subsection (1), after “subsection” insert “(1A) or”,

(b) after subsection (1) insert—

“(1A) This subsection applies to a complaint handling review if—

(a) it relates or, if it took place, would relate to a relevant complaint in respect of which the appropriate authority in relation to the complaint—

(i) has concluded its consideration of the complaint; and

(ii) has communicated its findings to the complainer;

(b) a period of 3 months or longer has elapsed between the date on which those findings were so communicated and the date on which the Commissioner was requested to carry out the complaint handling review; and

(c) the Commissioner is not satisfied that there are exceptional circumstances which justified the delay in requesting the review.”.

(5) After section 40, insert—

“40A Arrangements for handling relevant complaints

(1) The Commissioner must—

(a) keep under review all arrangements maintained by the Commissioner, the Authority and the chief constable for the handling of relevant complaints; and

(b) seek to secure that those arrangements—

(i) are efficient and effective;

(ii) contain and manifest an appropriate degree of independence; and

(iii) are adhered to.

(2) The Commissioner may make such recommendations, or give such advice, for the modification of—

(a) the arrangements mentioned in subsection (1); or

(b) the practice of the Authority or the chief constable in relation to other matters,

as appear from the carrying out of the Commissioner’s other functions to be necessary or desirable.”.”.

(6) In section 41 (appropriate authority in relation to complaint), for paragraphs (a) to (j) of subsection (1) substitute—

“(a) the Authority in cases where the complaint is about an act or omission by—

(i) the Authority;

(ii) a senior officer of the Police Service; or

(iii) a member of the Authority’s staff; and

(b) the chief constable in cases where the complaint is about an act or omission by—

(i) the Police Service;

(ii) a constable of the Police Service who is not a senior officer; or

(iii) a member of the police staff.”.

(7) In section 43 (reports to Scottish Ministers)—

(a) in subsection (4), for “42(d)” substitute “40A(2)”,

(b) in subsection (6)—

(i) in paragraph (a), for the words from “all” to “Act” substitute “the Authority, the chief constable and the inspectors of constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”,

(ii) in paragraph (b), for “all relevant authorities and to” substitute “the Authority, the chief constable and”,

(c) after subsection (7) insert—

“(8) Nothing in this section requires or authorises the Commissioner to report on the carrying out of a particular investigation carried out on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A.”.

(8) In section 44 (provision of information to the Commissioner)—

(a) in subsection (1), for “A relevant authority” substitute “The Authority and the chief constable”,

(b) in subsection (2)—

(i) for “A relevant authority” substitute “The Authority and the chief constable”,

(ii) for “that person” (in paragraph (a)) substitute “the Authority or, as the case may be, the chief constable”,

(c) in subsection (3), for “any person” substitute “the Authority or the chief constable”,

(d) in subsection (4)—

(i) for “a relevant authority” substitute “the Authority or the chief constable”,

(ii) for “the authority” substitute “the Authority or, as the case may be, the chief constable”.

(9) In section 45 (power of Commissioner to issue guidance)—

(a) in subsection (1)(a), for “relevant authorities” substitute “the Authority or the chief constable”,

(b) in subsection (2), for paragraph (a) substitute—

“(a) the Authority and the chief constable;”.

(10) In section 46 (disclosure of information), after subsection (5) insert—

“(6) Nothing in this section requires or authorises the disclosure of any information relating to a particular investigation carried out by the Commissioner on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A (unless the appropriate prosecutor consents to such disclosure).”.

(11) For section 47 substitute—

“47 Interpretation of Chapter 2

In this Chapter—

• “appropriate prosecutor” means the Lord Advocate or procurator fiscal;

• “the Authority” means the Scottish Police Authority;

• “chief constable” means the chief constable of the Police Service;

• “the Commissioner” means the Police Investigations and Review Commissioner;

• “constable” means a constable of the Police Service;

• “financial year” means each yearly period ending with 31 March;

• “firearm” has the meaning given by section 57(1) of the Firearms Act 1968 (c.27);

• “member of the Authority’s staff” and “member of the police staff” have the same meanings as in the Police and Fire Reform (Scotland) Act 2012 (asp 8);

• “person serving with the police” means—

  (a)

  a constable of the Police Service;

  (b)

  a member of the police staff; or

  (c)

  a member of the Authority’s staff;

• “Police Service” means the Police Service for Scotland;

• “relevant complaint” has the meaning given by section 34;

• “senior officer” has the same meaning as in the Police and Fire Reform (Scotland) Act 2012.”.

(12) In section 52(1) (application for football banning order)—

(a) in the opening words, for “a police force” substitute “the Police Service of Scotland”,

(b) paragraphs (a) and (b) are repealed.

(13) In section 57(3) (variation of football banning order)—

(a) in paragraph (b), for the words from “police” to “resides” substitute “Police Service of Scotland”,

(b) paragraphs (c) and (d) are repealed.

(14) In section 69(1) (interpretation), in the definition of “the football banning orders authority”, for the words from “police force” to “area” substitute “Police Service of Scotland”.

(15) In section 103(4)(a) (subordinate legislation)—

(a) “or”, where second occurring, is repealed, and

(b) after “schedule 2” insert “or paragraph 7A(8) or 7B(4) of schedule 4 or regulations under section 41D(1)”.

(16) For the title of schedule 4 substitute—

“THE POLICE INVESTIGATIONS AND REVIEW COMMISSIONER”.

(17) In schedule 4—

(a) in paragraph 2(1)—

(i) in sub-paragraph (b), for “a police force” substitute “the Police Service (or of a police force previously maintained under the Police (Scotland) Act 1967 (c.77))”,

(ii) after sub-paragraph (d) insert—

“(da) is or has been a member of the Authority;”,

(iii) in sub-paragraph (e), after “Authority” insert “or has been a member of staff of the body which was known as the Scottish Police Services Authority”,

(iv) in sub-paragraph (g) after “been” insert “employed as a member of police staff or as a member of the Authority’s staff or has been”,

(b) in paragraph 3—

(i) in sub-paragraph (2)(a), for “3” substitute “5”,

(ii) in sub-paragraph (2)(b), for “2” substitute “3”,

(c) after paragraph 7 insert—

“Staff officers

7A (1) The Commissioner may make arrangements for constables of the Police Service to be appointed to serve as members of the Commissioner’s staff.

(2) The Commissioner may make arrangements for a person falling within sub-paragraph (3) to be appointed to serve as a member of the Commissioner’s staff.

(3) A person falls within this sub-paragraph if the person is a member of—

(a) a police force maintained under section 2 of the Police Act 1996 (c.16);

(b) the metropolitan police force;

(c) the City of London police force;

(d) the Police Service of Northern Ireland;

(e) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c.4);

(f) the British Transport Police Force;

(g) the Civil Nuclear Constabulary;

(h) the States of Jersey Police Force;

(i) the salaried police force of the Island of Guernsey; or

(j) the Isle of Man Constabulary.

(4) A constable or other person appointed under arrangements made under sub-paragraph (1) or (2) is to be appointed on such terms and conditions (including as regards remuneration, allowances and expenses) as the Commissioner determines.

(5) The Commissioner’s determination under sub-paragraph (4) may be made by reference to provision made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

(6) A constable or other person appointed under arrangements made under sub-paragraph (1) or (2)—

(a) has all the powers and privileges of a constable throughout Scotland; and

(b) is subject to the direction and control of the Commissioner.

(7) The Commissioner is liable in respect of any unlawful conduct on the part of any constable or other person appointed under arrangements made under sub-paragraph (1) or (2) in the carrying out (or purported carrying out) of that person’s functions in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.

(8) The Scottish Ministers may by order apply any provision of the Police and Fire Reform (Scotland) Act 2012 or any other enactment relating to constables (including any such provision or other enactment creating offences against or as regards constables), with such modifications as are considered appropriate, in relation to a person appointed under arrangements made under sub-paragraph (2).

Staff involved in investigations

7B (1) The Commissioner may designate—

(a) any member of the Commissioner’s staff appointed under paragraph 7 or 7A to take charge of any investigation on behalf of the Commissioner; and

(b) other members of the Commissioner’s staff to assist the member designated to take charge.

(2) This sub-paragraph applies to a person who is a member of the Commissioner’s staff appointed under paragraph 7 and is designated under sub-paragraph (1).

(3) A person to whom sub-paragraph (2) applies—

(a) has all the powers and privileges of a constable throughout Scotland; but

(b) is not as a result of the designation to be treated as being in police service for the purposes of—

(i) section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52); or

(ii) section 200 of the Employment Rights Act 1996 (c.18).

(4) The Scottish Ministers may by order apply any enactment relating to the investigation of offences by constables (subject to such modifications as they consider appropriate) in relation to investigations carried out in pursuance of paragraph (b)(i) of section 33A by a member of the Commissioner’s staff designated under sub-paragraph (1).”,

(d) in paragraph 11—

(i) the existing text becomes sub-paragraph (1),

(ii) after that text insert—

“(2) Nothing in this paragraph requires or authorises the provision of any information or document relating to a particular investigation carried out by the Commissioner on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A (unless the appropriate prosecutor consents to disclosure of the information or document).”.

Animal Health and Welfare (Scotland) Act 2006 (asp 11)

34 In section 49(6) of the Animal Health and Welfare (Scotland) Act 2006 (vets, inspectors and constables), for the words “a police force” substitute “the Police Service of Scotland”.

Adult Support and Protection (Scotland) Act 2007 (asp 10)

35 (1) The Adult Support and Protection (Scotland) Act 2007 is amended as follows.

(2) In section 5(1) (co-operation), for paragraph (e) substitute—

“(e) the chief constable of the Police Service of Scotland,”.

(3) In section 27(3) (notification to police), for the words from “police” to “situated.” substitute “Police Service of Scotland.”.

(4) In section 42(3) (adult protection committees), for paragraph (d) substitute—

“(d) the chief constable of the Police Service of Scotland,”.

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

36 (1) The Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows.

(2) In section 18 (police information etc.)—

(a) in subsection (1)—

(i) the words “of a police force or the Scottish Crime and Drug Enforcement Agency” are repealed,

(ii) the words “or the Scottish Crime and Drug Enforcement Agency” (where second occurring) are repealed,

(b) in subsection (2)—

(i) for “A person” substitute “The chief constable”,

(ii) for “person”, where second occurring, substitute “chief constable”,

(c) in subsection (3), for “appropriate police authority or the Scottish Police Services Authority” substitute “Scottish Police Authority”.

(3) In section 38 (police access to lists of individuals barred from regulated work)—

(a) in subsection (1), for the words from “chief” to “Agency” substitute “the chief constable”,

(b) in subsection (2), for the words from “police” to “Agency” substitute “constables of the Police Service of Scotland”.

(4) In section 75 (sources of information)—

(a) in subsection (2), for the words from “A” to “Agency” substitute “The chief constable”,

(b) in subsection (3)—

(i) for “A person” substitute “The chief constable”,

(ii) for “person”, where second occurring, substitute “chief constable”,

(c) in subsection (4), for the words “appropriate police authority or the Scottish Police Services Authority” substitute “Scottish Police Authority”.

(5) In section 76 (police access to scheme information)—

(a) in subsection (1)—

(i) in the opening words, for the words from “chief” to “Agency” substitute “the chief constable”,

(ii) in paragraph (c), for the words from “police forces” to “Agency” substitute “constables of the Police Service of Scotland”,

(b) in subsection (2) the words from “police forces” to “Agency” substitute “constables of the Police Service of Scotland”.

(6) In section 97(1) (interpretation)—

(a) in the definition of “chief constable”, for “a police force in Scotland” substitute “the Police Service of Scotland”,

(b) the definition of “police authority” is repealed.

Edinburgh Airport Rail Link Act 2007 (asp 16)

37 In section 38(5) of the Edinburgh Airport Rail Link Act 2007 (traffic regulation), for “Lothian and Borders Police” substitute “the Police Service of Scotland”.

Glasgow Commonwealth Games Act 2008 (asp 4)

38 (1) The Glasgow Commonwealth Games Act 2008 is amended as follows.

(2) In section 30(1) (compensation and recovery of losses), in paragraph (b), for “chief constable of the constable’s police force” substitute “Scottish Police Authority”.

(3) In section 37(2) (transport plan), for paragraph (c) substitute—

“(c) the chief constable of the Police Service of Scotland,”.

Marine (Scotland) Act 2010 (asp 5)

39 In paragraph 12(2)(b) of schedule 2 to the Marine (Scotland) Act 2010 (disclosure of information), for “a police force in Scotland” substitute “the Police Service of Scotland”.

Public Services Reform (Scotland) Act 2010 (asp 8)

40 (1) The Public Services Reform (Scotland) Act 2010 is amended as follows.

(2) In section 114 (scrutiny: duty of co-operation)—

(a) in subsection (2)—

(i) the word “and” at the end of paragraph (b) is repealed,

(ii) after paragraph (c) insert “, and

(d) policing.”,

(b) in subsection (3)(a)—

(i) the word “or” at the end of sub-paragraph (ii) is repealed,

(ii) after sub-paragraph (iii) insert—

“(iv) policing, or”,

(c) in subsection (10)(b)—

(i) for “or health services” substitute “, health services or policing”,

(ii) after “services”, where last occurring, insert “or, as the case may be, policing”,

(d) in subsection (11), after the definition of “local authorities” insert—

• ““policing” has the same meaning as in Part 1 of the Police and Fire Reform (Scotland) Act 2012;”.

(3) In section 115(6) (joint inspections), for the entry beginning “Her Majesty’s Chief Inspector of Constabulary”, substitute—

• “Her Majesty’s Inspectors of Constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012 (asp 8),”.

(4) In schedule 5 (improvement of public functions: listed bodies), for the entry for “Police Complaints Commissioner for Scotland” substitute––

• “Police Investigations and Review Commissioner”.

(5) In schedule 8 (information on exercise of public functions: listed public bodies), for the entry for “Police Complaints Commissioner for Scotland” substitute––

• “Police Investigations and Review Commissioner”.

(6) In schedule 19 (scrutiny functions: persons etc. subject to user focus duty), for the entry beginning “Her Majesty’s Chief Inspector of Constabulary”, substitute—

• “Her Majesty’s Inspectors of Constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

(7) In schedule 20 (scrutiny functions: persons etc. subject to duty of co-operation), for the entry beginning “Her Majesty’s Chief Inspector of Constabulary”, substitute—

• “Her Majesty’s Inspectors of Constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

Control of Dogs (Scotland) Act 2010 (asp 9)

41 In section 13 of the Control of Dogs (Scotland) Act 2010 (interpretation), after the entry for “local authority” insert—

• ““police” means the Police Service of Scotland,”.

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

42 (1) The Criminal Justice and Licensing (Scotland) Act 2010 is amended as follows.

(2) In section 117(4)(a) (meaning of “investigating agency”), for “a police force” substitute “the Police Service of Scotland”.

(3) In section 164(3) (persons to have regard to code of practice on disclosure), for paragraph (a) substitute—

“(a) constables of the Police Service of Scotland,”.

Alcohol etc. (Scotland) Act 2010 (asp 18)

43 (1) The Alcohol etc. (Scotland) Act 2010 is amended as follows.

(2) In section 14 (licence holders: social responsibility levy)—

(a) in subsection (3)(b), for “appropriate” substitute “the”,

(b) in subsection (5), for the entry for “appropriate chief constable” substitute—

• ““chief constable” means the chief constable of the Police Service of Scotland,”.

(3) In section 15(3) (further provision about regulations relating to the social responsibility level), after paragraph (b), insert—

“(ba) the chief constable,”.

Children’s Hearings (Scotland) Act 2011 (asp 1)

44 In section 61(3) of the Children’s Hearings (Scotland) Act 2011 (constable’s duty to provide information to Principal Reporter), for “section 17(1)(b) of the Police (Scotland) Act 1967 (c.77)” substitute “section 20(1)(d) of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

Public Records (Scotland) Act 2011 (asp 12)

45 In the schedule to the Public Records (Scotland) Act 2011 (authorities to which Part 1 of that Act applies) for the entry for “Police Complaints Commissioner for Scotland” substitute––

• “Police Investigations and Review Commissioner”.

PART 2 AMENDMENTS RELATING TO PART 2

Gas Act 1965 (c.36)

46 In section 17(5) of the Gas Act 1965 (notification of accidents)—

(a) in paragraph (a) the words “fire and rescue authority, ” are repealed, and

(b) after that paragraph insert—

“(aza) for the Scottish Fire and Rescue Service if it appears to them that the Scottish Fire and Rescue Service will or may have duties to discharge, or will or may have to take precautionary or preventative action in any such event,”.

Transport Act 1968 (c.73)

47 In section 102(4) of the Transport Act 1968 (exemption for police and fire), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.

Pensions (Increase) Act 1971 (c.56)

48 In paragraph 44 of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.

Health and Safety at Work etc. Act 1974 (c.37)

49 In section 23(4)(b) of the Health and Safety at Work etc. Act 1974 (consultation requirements relating to notices), for “relevant authority (as defined in section 6 of that Act) for the area where the premises are (or are to be) situated” substitute “Scottish Fire and Rescue Service”.

Control of Pollution Act 1974 (c.40)

50 In section 62(2)(a) of the Control of Pollution Act 1974 (exemption from control of loudspeakers in roads), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.

Water (Scotland) Act 1980 (c.45)

51 (1) The Water (Scotland) Act 1980 is amended as follows.

(2) In section 9A(1)(a) (exemption from Scottish Water charges), for “a fire authority” substitute “the Scottish Fire and Rescue Service”.

(3) In section 19 of Schedule 4 (undertakers to fix and maintain fire hydrants), for “fire authority concerned” substitute “Scottish Fire and Rescue Service”.

(4) In section 20 of Schedule 4 (undertakers to deposit keys of hydrants), for “fire authority”, in both places where it occurs, substitute “Scottish Fire and Rescue Service”.

(5) In section 21 of Schedule 4 (cost of hydrants), for “fire authority” substitute “Scottish Fire and Rescue Service”.

(6) In section 21A of Schedule 4 (regulations on recovery of costs of hydrants), for “fire authorities” substitute “the Scottish Fire and Rescue Service”.

Zoo Licensing Act 1981 (c.37)

52 In section 3(3) of the Zoo Licensing Act 1981 (appropriate authority for purposes of representations on an application)—

(a) for paragraph (a)(ii) substitute—

“(ii) the Scottish Fire and Rescue Service, if it is not the enforcing authority,”, and

(b) in paragraph (b) for “relevant authority in whose area the zoo or any part of it is, or is to be, situated” substitute “Scottish Fire and Rescue Service”.

Civic Government (Scotland) Act 1982 (c.45)

53 (1) The Civic Government (Scotland) Act 1982 is amended as follows.

(2) In section 54(4)(a) (use of loudspeaker exempt from offence), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.

(3) In section 89(4A) (safety of platforms etc.), in the words after paragraph (b) for “appropriate relevant authority” substitute “Scottish Fire and Rescue Service”.

(4) In section 93 (fire precautions in common stairs etc.)—

(a) for “appropriate relevant authority”, where it occurs in each of subsections (3), (4) and (7), substitute “Scottish Fire and Rescue Service”, and

(b) in subsection (6) for “an appropriate relevant authority” substitute “the Scottish Fire and Rescue Service”.

(5) In section 98 (luminous tube signs)—

(a) in subsection (1) for “appropriate relevant authority”, where it occurs in each of paragraphs (a), (b) and (c), substitute “Scottish Fire and Rescue Service”, and

(b) in subsection (1A) for “appropriate relevant authority” substitute “Scottish Fire and Rescue Service”.

(6) In Schedule 1 (licensing - further provision as to the general system), for “appropriate relevant authority”, where it occurs in each of paragraphs 2(1)(b), 5(5)(d), 7(3)(a)(ii), 9(5)(b), 9(7)(b), 10(2)(a), 10(2A), 10(4)(b), 11(7)(d), 12(4)(b), 12(7)(b), 17(4)(c)(ii) and 17(4)(d)(ii), substitute “Scottish Fire and Rescue Service”.

(7) In Schedule 2 (control of sex shops), for “appropriate relevant authority”, where it occurs in each of paragraphs 8(1)(b), 10(1)(d), 13(5)(d), 14(5)(b), 14(7), 15(2)(a), 15(2A), 15(5) and 23(4)(b)(ii), substitute “Scottish Fire and Rescue Service”.

Road Traffic Regulation Act 1984 (c.27)

54 In section 87(1)(a) of the Road Traffic Regulation Act 1984 (exemptions from speed limits), for “a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005” substitute “the Scottish Fire and Rescue Service”.

Cinemas Act 1985 (c.13)

55 (1) The Cinemas Act 1985 is amended as follows.

(2) In section 3(10) (definition for purposes of the Act), in paragraph (b) of the definition of “appropriate fire authority” for the words from “authority discharging” to the end of the paragraph substitute “Scottish Fire and Rescue Service”.

(3) In section 8(2) (definition for purposes of the section), in paragraph (b) of the definition of “appropriate fire authority” for the words from “authority discharging” to the end of the paragraph substitute “Scottish Fire and Rescue Service”.

Housing (Scotland) Act 1987 (c.26)

56 In section 61(11) of the Housing (Scotland) Act 1987 (persons providing houses for purpose of occupation requirement for exercise of right to purchase), for paragraph (k) substitute—

“(k) the Scottish Fire and Rescue Service or its statutory predecessors,”.

Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)

57 In section 3(8)(a) of the Schedule to the Strathclyde Regional Council Order Confirmation Act 1991 (regulation of traffic), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.

Vehicle Excise and Registration Act 1994 (c.22)

58 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles)—

(a) in paragraph 4(2)(b), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”, and

(b) in paragraph 5—

(i) for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”, and

(ii) for “authority’s” substitute “Scottish Fire and Rescue Service’s”.

Merchant Shipping Act 1995 (c.21)

59 In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.

Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii)

60 In section 6(9) of the Schedule to the Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (entry to closed public roads), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))” substitute “the Scottish Fire and Rescue Service”.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

61 In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies), after the entry for “Scottish Environment Protection Agency” insert—

• “The Scottish Fire and Rescue Service”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

62 In schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities), for paragraph 13 substitute—

“13 The Scottish Fire and Rescue Service.”.

Freedom of Information (Scotland) Act 2002 (asp 13)

63 In schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities)—

(a) for paragraph 9 substitute––

“9 Her Majesty’s Chief Inspector of the Scottish Fire and Rescue Service.”, and

(b) after paragraph 85 insert—

“85ZA The Scottish Fire and Rescue Service.”.

Local Government in Scotland Act 2003 (asp 1)

64 In section 16(1) of the Local Government in Scotland Act 2003 (duty to participate in community planning), for paragraph (d) substitute—

“(d) the Scottish Fire and Rescue Service,”

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

65 In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities), after the entry for “Scottish Environment Protection Agency” insert—

• “Scottish Fire and Rescue Service”.

Fire and Rescue Services Act 2004 (c.21)

66 (1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) For subsection (10) of section 34 (pensions etc.) substitute—

“(10) In this section “Scottish fire authority”—

(a) means the Scottish Fire and Rescue Service, and

(b) except in subsections (2)(e) and (h), includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).”.

(3) In subsection (6) of section 35 (definitions for purpose of information in connection with pensions etc.), after the definition of “prescribed” add—

• ““Scottish fire authority”—

  (a)

  means the Scottish Fire and Rescue Service, and

  (b)

  in subsection (5) includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8)).”.

Emergency Workers (Scotland) Act 2005 (asp 2)

67 In section 1(3) of the Emergency Workers (Scotland) Act 2005 (definition of capacity for the purpose of section 1(1) offence)—

(a) in paragraph (zb) for the words from “a relevant” to “authority’s functions” substitute “the Scottish Fire and Rescue Service while discharging any of the Service’s functions”, and

(b) in paragraph (b) for the words from “a relevant” to “on the authority” substitute “the Scottish Fire and Rescue Service for the purpose of carrying out any of the functions conferred on the Service”.

Fire (Scotland) Act 2005 (asp 5)

68 (1) The Fire (Scotland) Act 2005 is amended as follows.

(2) For the title of Part 1 of the 2005 Act and the italic cross heading immediately preceding section 1 of that Act, substitute—

“THE SCOTTISH FIRE AND RESCUE SERVICE”.

(3) In section 17 (duty to secure water supply)—

(a) in subsection (1)—

(i) for “A relevant authority” substitute “SFRS”, and

(ii) for “the authority’s” substitute “its”, and

(b) in subsection (2), for “the authority”, where it occurs in each of paragraphs (a), (e) and (f), substitute “SFRS”.

(4) In section 18 (use of water)—

(a) in subsection (1) for “a relevant authority” substitute “SFRS”, and

(b) in subsection (2) for “A relevant authority” substitute “SFRS”.

(5) In section 19 (agreements in relation to water supply), for “a relevant authority”, where it occurs in each of subsections (1) and (3), substitute “SFRS”.

(6) In section 20(1) (emergency supply by Scottish Water) for “a relevant authority” substitute “SFRS”.

(7) In section 21 (fire hydrants: provision etc.)—

(a) in subsection (4) for “the relevant authority in whose area the hydrant is located” substitute “SFRS”, and

(b) in subsection (6) for “a relevant authority) the relevant authority in whose area the hydrant is located” substitute “SFRS) SFRS”.

(8) In section 23(2)(b) (use of fire hydrants exempt from offences) for “a relevant authority” substitute “SFRS”.

(9) In section 24 (notice of works affecting water supply and fire hydrants)—

(a) in subsection (1)—

(i) for “a relevant authority” substitute “SFRS”, and

(ii) for “the authority” substitute “SFRS”, and

(b) in subsection (3) for “the relevant authority in whose area the hydrant is situated” substitute “SFRS”.

(10) In section 25 (powers of authorised employees in relation to emergencies), in subsection (1)—

(a) for “a relevant authority” substitute “SFRS”, and

(b) for “the authority”, in both places where it occurs, substitute “SFRS”.

(11) In section 27 (powers of authorised employees in relation to obtaining information), in subsection (1)—

(a) for “a relevant authority” substitute “SFRS”,

(b) for “the authority” substitute “SFRS”, and

(c) for “the authority’s” substitute “SFRS’s”.

(12) In section 29 (powers of authorised employees in relation to investigating fires), in subsection (1)—

(a) for “a relevant authority” substitute “SFRS”, and

(b) for “the authority” substitute “SFRS”.

(13) In section 30 (exercise of authorised employee powers) for “a relevant authority” substitute “SFRS”.

(14) In section 39 (assaulting or impeding employees discharging certain functions)—

(a) in subsection (1)—

(i) in paragraph (a) for “a relevant authority” substitute “SFRS”, and

(ii) in paragraph (b) for “the authority” substitute “SFRS”,

(b) in subsection (2)—

(i) for “a relevant authority” substitute “SFRS”, and

(ii) for “that authority” substitute “SFRS”, and

(c) in subsection (3) for “a relevant authority” substitute “SFRS”.

(15) In section 40 (framework document)—

(a) in subsection (1)—

(i) in paragraph (a) for “relevant authorities” substitute “SFRS”,

(ii) in paragraph (a) for “their functions” substitute “its functions under this Act or any other enactment,”, and

(iii) in paragraph (b)(ii) for “those authorities” substitute “SFRS”,

(b) in subsection (3)—

(i) in paragraph (b) for “fire and rescue authorities” substitute “SFRS”, and

(ii) in paragraph (c) for “relevant authorities have” substitute “SFRS has”, and

(c) for subsection (6), substitute—

“(6) Those persons are—

(a) SFRS,

(b) such persons as the Scottish Ministers consider represent employees of SFRS,

(c) such persons as the Scottish Ministers consider represent local authorities, and

(d) such other persons as the Scottish Ministers consider appropriate.”.

(16) In section 41 (adherence to framework document)—

(a) for subsection (1), substitute—

“(1) In carrying out its functions, SFRS must have regard to the framework document.”,

(b) in subsection (2)—

(i) for “a relevant authority” substitute “SFRS”, and

(ii) for “document prepared under section 40(1)” substitute “framework document”,

(c) in subsection (4), for “the authority”, in both places where it occurs, substitute “SFRS”,

(d) in subsection (5)—

(i) in paragraph (b) for “the authority” substitute “SFRS”, and

(ii) in paragraph (c) for “relevant authorities have” substitute “SFRS has”, and

(e) in subsection (6), for “the authority in respect of which it is proposed to be made” substitute “SFRS”.

(17) For the italic cross-heading immediately preceding section 45, substitute—

“CHAPTER 8C

EQUIPMENT, FACILITIES AND SERVICES”.

(18) In section 47(1) (provision of equipment etc. by Scottish Ministers) for “relevant authorities” substitute “SFRS”.

(19) In section 51 (prohibition on employment of police)—

(a) for “A relevant authority” substitute “SFRS”, and

(b) for “the authority” substitute “it”.

(20) In section 52 (interpretation of Part 2), in the appropriate place in alphabetical order insert the following definitions—

• ““Chief Inspector” has the meaning given by section 43A(6),”,

• ““Chief Officer” means the person appointed under paragraph 7 of schedule 1A,”,

• ““framework document” means the document prepared under, and having effect by virtue of, section 40,”,

• ““Inspector” has the meaning given by section 43A(6),”.

(21) In section 59(1) (application of power to make further provision for protection of fire-fighters) for “relevant authorities” substitute “SFRS”.

(22) In section 79(1) (interpretation of Part 3) in the definition of “relevant person” for “a relevant authority” substitute “SFRS”.

(23) In section 80 (inquiries), for “a relevant authority”, where it occurs in each of paragraphs (a) and (b)(iii), substitute “SFRS”.

(24) In section 81(2) (inquiries about which Ministers may not make regulations) for “44” substitute “43B”.

(25) In section 85(1) (false alarms), for “a relevant authority” substitute “SFRS”.

(26) In section 86 (disposal of land), for “A relevant authority” substitute “SFRS”.

(27) Before section 87, insert—

“86A Interpretation

(1) In this Act––

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39); and “area” in relation to a local authority, means the local government area for which the authority is constituted,

• “SFRS” has the meaning given by section 1A(1).

(2) References in this Act to the area of SFRS are to be construed as references to Scotland, but taking the seaward boundary of the area to be the low water mark.”.

Gambling Act 2005 (c.19)

69 In section 157 of the Gambling Act 2005 (responsible authorities in relation to premises), for paragraph (f) substitute—

“(f) the Scottish Fire and Rescue Service,”.

Housing (Scotland) Act 2006 (asp 1)

70 In paragraph 4 of schedule 2 to the Housing (Scotland) Act 2006 (duty to consult on provision for detecting fires), for “fire and rescue authority for the area in which the house concerned is situated” substitute “Scottish Fire and Rescue Service”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c.19)

71 In section 6(2) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care for certain organisations in emergencies), for paragraph (b) substitute—

“(b) the Scottish Fire and Rescue Service;”.

Public Services Reform (Scotland) Act 2010 (asp 8)

72 (1) The Public Services Reform (Scotland) Act 2010 is amended as follows.

(2) In schedule 5 (improvement of public functions: listed bodies), after the entry for “Scottish Environment Protection Agency” insert—

• “Scottish Fire and Rescue Service”.

(3) In schedule 8 (information on exercise of public functions: listed public bodies)—

(a) for the entry “Her Majesty’s Chief Inspector of Fire and Rescue Authorities” substitute—

• “Her Majesty’s Chief Inspector of the Scottish Fire and Rescue Service”, and

(b) after the entry for “Scottish Environment Protection Agency” insert—

• “Scottish Fire and Rescue Service”.

(4) In schedule 19 (persons subject to user focus duty), for the entry “Her Majesty’s Chief Inspector of Fire and Rescue Authorities, Her Majesty’s Inspectors of Fire and Rescue Authorities and Assistant Inspectors of Fire and Rescue Authorities appointed under section 43 of the Fire (Scotland) Act 2005 (asp 5)” substitute—

• “Her Majesty’s Chief Inspector of the Scottish Fire and Rescue Service, Her Majesty’s Inspectors of the Scottish Fire and Rescue Service and Assistant Inspectors of the Scottish Fire and Rescue Service appointed under section 43A of the Fire (Scotland) Act 2005 (asp 5)”.

Public Records (Scotland) Act 2011 (asp 12)

73 In the schedule to the Public Records (Scotland) Act 2011 (authorities to which Part 1 of the Act applies), for the entry “Her Majesty’s Chief Inspector of Fire and Rescue Authorities, Her Majesty’s Inspectors of Fire and Rescue Authorities and Assistant Inspectors of Fire and Rescue Authorities (appointed under section 43 of the Fire (Scotland) Act 2005 (asp 5))” substitute—

• “Her Majesty’s Chief Inspector of the Scottish Fire and Rescue Service, Her Majesty’s Inspectors of the Scottish Fire and Rescue Service and Assistant Inspectors of the Scottish Fire and Rescue Service appointed under section 43A of the Fire (Scotland) Act 2005 (asp 5)”.

PART 3 AMENDMENTS RELATING TO BOTH PARTS

Pipe-lines Act 1962 (c.58)

74 In section 37 of the Pipe-lines Act 1962 (persons to be notified of certain pipe-line accidents)—

(a) in subsection (1), for paragraph (a) substitute—

“(a) to the Scottish Fire and Rescue Service and the chief constable of the Police Service for Scotland,”,

(b) in subsection (2)—

(i) after “by” (where it occurs in the opening words), insert “the Scottish Fire and Rescue Service, the chief constable of the Police Service for Scotland,”,

(ii) after “furnish” insert “the Scottish Fire and Rescue Service, the chief constable of the Police Service for Scotland,”,

(iii) in paragraph (a), for “a fire and rescue authority or police authority” substitute “the Scottish Fire and Rescue Service or the chief constable of the Police Service for Scotland”.

Local Government etc. (Scotland) Act 1994 (c.39)

75 In section 43(4) of the Local Government etc. (Scotland) Act 1994 (consultation on guidance as to exercise of traffic powers)—

(a) after “consult” insert—

(a)” , and

(b) for the words from “and”, where it first occurs, to the end substitute—

“(b) the chief constable of the Police Service of Scotland,

(c) the Scottish Fire and Rescue Service, and

(d) the authorities for the areas to which the guidance relates.”.