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Scottish Statutory Instruments

2007 No. 131

CRIMINAL LAW

The Testing of Arrested Persons for Class A Drugs (Prescribed Area) (Scotland) Order 2007

Made

28th February 2007

Laid before the Scottish Parliament

1st March 2007

Coming into force

12th June 2007

The Scottish Ministers, in exercise of the powers conferred by section 20A(3)(c) of the Criminal Procedure (Scotland) Act 1995(1) hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Testing of Arrested Persons for Class A Drugs (Prescribed Area) (Scotland) Order 2007 and shall come into force on 12th June 2007.

Prescribed Area

2.  For the purposes of section 20A(3)(c) of the Criminal Procedure (Scotland) Act 1995, each of the following local government areas is a prescribed area:

(a)City of Aberdeen;

(b)City of Edinburgh; and

(c)City of Glasgow(2).

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

28th February 2007

Explanatory Note

(This note is not part of the Order)

This Order prescribes the local government areas of the City of Aberdeen, City of Edinburgh and City of Glasgow for the purposes of section 20A(3)(c) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). A person who is arrested under suspicion of committing, or having committed a relevant offence specified in section 20A(8) of the 1995 Act can be tested for the presence of a relevant Class A drug (as defined in section 20A(8) of the 1995 Act), provided certain conditions are met, including that the person is held in custody in a police station which is located in a prescribed area.

(2)

Part 1 of Schedule 1 to the Local Government (Scotland) Act 1994 (“the 1994 Act”) provides that the local government areas of the City of Aberdeen, City of Edinburgh and City of Glasgow shall comprise of the areas described in corresponding entry in column 2 of Part 1 of Schedule 1.