The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999

2.—(1) Part III of the Police Act 1997 is amended as follows.

(2) In section 91 (the Commissioners)–

(a) in subsection (1), after the words “Prime Minister” where they occur for the first time, there is inserted “, after consultation with the Scottish Ministers,”;

(b) for subsection (6), there is substituted–

“(6) Subject to subsection (7), a Commissioner shall not be removed from office before the end of the term for which he is appointed unless–

(a) a resolution approving his removal has been passed by each House of Parliament; and

(b) a resolution approving his removal has been passed by the Scottish Parliament.”.

(c) in subsection (8), after “Commissioner” there is inserted “, other than a Commissioner carrying out functions as mentioned in subsection (8A),”;

(d) after subsection (8), there is inserted–

“(8A) The Scottish Ministers shall pay to any Commissioner who carries out his functions under this Part wholly or mainly in Scotland such allowances as the Scottish Ministers consider appropriate.”;

(f) in subsection (9), after “Commissioners” there is inserted “, other than any Commissioner carrying out functions as mentioned in subsection (9A),”; and

(g) after subsection (9), there is inserted–

“(9A) The Scottish Ministers shall, after consultation with the Chief Commissioner, provide any Commissioner who carries out his functions under this Part wholly or mainly in Scotland with such staff as the Scottish Ministers consider necessary for the discharge of his functions.”.

(3) In section 105 (appeals by authorising officers: supplementary), at the end of subsection (1)(b), there is inserted “and the Scottish Ministers”.

(4) In section 106 (appeals by complainants), in subsection (4)(b), after the words “Prime Minister”, there are inserted the words “and to the Scottish Ministers”.

(5) In section 107 (supplementary provisions relating to the Commissioners)–

(a) in subsection (2)–

(i) after “Prime Minister”, there is inserted “and to the Scottish Ministers”;

(ii) after “to him”, there is inserted “or them (as the case may require)”;

(b) after subsection (3), there is inserted–

“(3A) The Scottish Ministers shall lay before the Scottish Parliament a copy of each annual report made by the Chief Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.”; and

(c) in subsection (4), after “Chief Commissioner”, there is inserted “and the Scottish Ministers”.

(6) In paragraph 4 of Schedule 7, after “Prime Minister”, there is inserted “and to the Scottish Ministers”.