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The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

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Interpretation

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2.  In this Order—

“1967 Act” means the Police (Scotland) Act 1967(1);

“1968 Act” means the Firearms Act 1968(2);

“1987 Act” means the Ministry of Defence Police Act 1987(3);

“1988 Act” means the Firearms (Amendment) Act 1988(4);

“1996 Act” means the Police Act 1996(5);

“2000 Act” means the Regulation of Investigatory Powers Act 2000(6);

“2004 Act” means the Fire and Rescue Services Act 2004(7);

“2005 Act” means the Fire (Scotland) Act 2005(8);

“2006 Order” means the Fire and Rescue Services (Northern Ireland) Order 2006(9);

“2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006(10);

“2012 Act” means the Police and Fire Reform (Scotland) Act 2012(11);

“2004 Act authority” means—

(a)

a fire and rescue authority determined under section 1 of the 2004 Act;

(b)

a fire and rescue service for a combined area constituted by order under section 2 of the 2004 Act(12);

(c)

a combined authority constituted by a scheme to which section 4(13) of the 2004 Act applies;

“2004 Act function” means a function conferred by or under any of sections 7 to 9 and 11 of the 2004 Act;

“board function” means a function conferred by or under any of articles 5 to 8 of the 2006 Order;

“customs revenue functions” has the meaning given in section 7(9) of the Borders, Citizenship and Immigration Act 2009(14);

“customs revenue official” means a person designated by the Director of Border Revenue under section 11 of the Borders, Citizenship and Immigration Act 2009;

“Director of Border Revenue” means the official designated by the Secretary of State under section 6 of the Borders, Citizenship and Immigration Act 2009;

“enforcement functions” includes, in particular, reference to—

(d)

powers of entry;

(e)

power to search persons or property;

(f)

power to seize or detain property;

(g)

power to arrest persons;

(h)

power to detain persons; and

(i)

powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data);

“fire and rescue officer” has the meaning given by article 2(2) of the 2006 Order;

“general customs functions” has the meaning given in section 1(8) of the Borders, Citizenship and Immigration Act 2009(15);

“general customs official” means a person designated by the Secretary of State under section 3 of the Borders, Citizenship and Immigration Act 2009;

“immigration officer” means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971(16);

“Northern Ireland Board” means the Northern Ireland Fire and Rescue Service Board;

“Scottish chief officer” means a chief constable of a police force maintained under section 2 of the 1967 Act.

“SFRS” means the Scottish Fire and Rescue Service;

“SFRS function” means a function conferred by or under any of sections 9 to 11 and 13 of the 2005 Act;

“SOCA” means the Serious Organised Crime Agency;

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

“the relevant day” is the day on which this Order comes into force.

(12)

There are amendments to section 2 not relevant to this Order.

(13)

There are amendments to section 4 not relevant to this Order.

(14)

2009 c.11.

(15)

Section 1(8) has been amended by the Treaty of Lisbon (Change in Terminology) Order 2011 (S.I. 2011/1043), Part 2, article 6(2)(a).

(16)

1971 c.77. Paragraph 1 of Schedule 2 has been amended by the Health Protection Agency Act 2004 (c.17), Schedule 3, paragraph 3 and by S.I. 1993/1813, Schedule 5, paragraph 1(a).

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