The Police Act 1997 (Commencement No. 10) (Scotland) Order 2002

Scottish Statutory Instruments

2002 No. 124 (C. 7)

POLICE

The Police Act 1997 (Commencement No. 10) (Scotland) Order 2002

Made

11th March 2002

The Scottish Ministers, in exercise of the powers conferred by section 135(1) and (2)(a) of the Police Act 1997(1), hereby make the following Order:

Citation and extent

1.—(1) This Order may be cited as the Police Act 1997 (Commencement No. 10) (Scotland) Order 2002.

(2) This Order extends to Scotland only.

Interpretation

2.  In this Order “the 1997 Act” means the Police Act 1997.

Commencement forthwith

3.  Subsection (4) of section 115 of the 1997 Act shall come into force forthwith but only for the purposes of making regulations under paragraph (a) of that subsection.

Commencement on 25th April 2002

4.  Part V of the 1997 Act (which consists of sections 112 to 127) shall come into force on 25th April 2002 except–

(a) section 112, and

(b) to the extent that that Part is already in force on that date.

Commencement on 31st July 2002

5.  Section 112 of the 1997 Act shall come into force on 31st July 2002.

RICHARD SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th March 2002

Explanatory Note

(This note is not part of the Order)

This Order, which extends to Scotland only, brings into force the following provisions of the Police Act 1997–

(a) forthwith, section 115(4) for the purposes of making regulations under paragraph (a) of that provision;

(b) on 25th April 2002, those provisions of Part V, except section 112, which are not already in force on that date; and

(c) on 31st July 2002, section 112.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Police Act 1997 have been brought into force by commencement order made before the date of this Order.

Provision	Date of Commencement	S.I. No.
Sections 1, 17, 47, 62, 129 and Schedules 1 and 2 (all partially); and sections 44 to 46, 89, 90, 128 and 130 to 132.	25.6.97	1997/1377 (C.50)
Sections 1 and 47 and Schedules 1 and 2 (for the purposes for which they were not already in force). Sections 6, 13 to 16, 18, 52, 58 to 61, 63 88 (partially) and 134 (partially) and paragraphs 27 (partially), 28, 40, 41 (partially) and 88 of Schedule 9.	23.7.97	1997/1377 (C.50)
Section 101.	5.8.97	1997/1696 (C.71)
Sections 2, 3, 48, 49, 91, 96, 109, 111 and 134 (all partially), sections 25 to 27, 70 to 72, Schedule 4, paragraphs 3, 5 and 10 of Schedule 6, paragraphs 1, 2, 8 and 10 of Schedule 8 (all partially), paragraphs 4, 9, 11 and 18 of Schedule 8, paragraphs 3, 8, 9, 29(3), 82 and 83 of Schedule 9.	1.9.97	1997/1930 (C.79)
Sections 2(6), 17, 48(7), and 62 (all partially), Schedules 3 and 5.	8.10.97	1997/1930 (C.79)
Sections 4, 8, 9, 19, 21, 22 (partially), 28, 37 to 39, 50, 54, 55, 64, 66, 73, 81 to 83, 88 (partially) and 134 (partially), paragraphs 1, 2, 6, 9(e), 29 and 32 of Schedule 6, paragraphs 13, 14, 23, 38, 39, 43, 49 to 52, 55, 57, 66 to 68, 72, 73, 81, 86 and 91 of Schedule 9.	31.10.97	1997/2390 (C.92)
Sections 2 (so far as not already in force), 3 (so far as not already in force), 5, 7, 10 to 12, 20, 22 (so far as not already in force) to 24, 29 to 36, 38 (so far as not already in force), 40 to 43, 48 (so far as not already in force), 49 (so far as not already in force), 51, 53, 56, 57, 65, 67, 68, 69, 74 to 80, 82 (so far as not already in force), 84 to 87, 88 (partially), 109 to 111 (so far as not already in force), 134 (partially), paragraphs 4, 7, 8, 9 (so far as not already in force), 11 to 13, 15 to 24, 27, 28, 30 and 31 of Schedule 6, paragraphs 3, 5 to 7, 8 (so far as not already in force) and 12 to 17 of Schedule 8, paragraphs 1, 2, 4 to 7, 10 to 12, 15 to 22, 24 to 26, 27 (so far as not already in force), 29 (so far as not already in force), 30 to 37, 41 (so far as not already in force), 42, 44 to 48, 53, 54, 56, 58 to 64, 69 to 71, 74 to 80, 84, 85, 87, 89, 90 and 92 of Schedule 9 and Schedule 10 (partially).	1.4.98	1998/354 (C.8)
Sections 91(10), 92 to 95, 96 (so far as not already in force), 97 to 100 and 102 to 108, Schedule 7.	22.2.99	1999/151 (C.4)
Sections 120(3), 122(1) and (2) and 125 as to England and Wales.	19.3.01	2001/1097 (C.36)
Section 120(1), (2) and (4) to (7) as to England and Wales.	1.5.01	2001/1097 (C.36)
Sections 120(3), 122(1) and (2) and 125.	1.1.02	S.S.I. 2001/482 (C.24)
Section 120(1), (2) and (4) to (7).	1.2.02	S.S.I. 2001/482 (C.24)
Part V (insofar as not already in force), except section 112, section 134 (partially), paragraph 65 of Schedule 9 and Schedule 10 (partially) as to England and Wales.	1.3.02	2002/413 (C.11)

(1)

1997 c. 50. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).