SCHEDULECONSEQUENTIAL AND SUPPLEMENTARY MODIFICATIONS
PART 1Primary Legislation
Salmon Fisheries (Scotland) Act 1868
1.
In section 29 of the Salmon Fisheries (Scotland) Act 18685 (apprehension of offenders), the words from “, or to deliver” to “magistrate” are omitted.
Official Secrets Act 1911
2.
Section 6 of the Official Secrets Act 19116 (power to arrest) is repealed.
Public Order Act 1936
3.
In section 7 of the Public Order Act 19367 (enforcement), subsection (3) is repealed.
Children and Young Persons (Scotland) Act 1937
4.
In section 21 of the Children and Young Persons (Scotland) Act 19378 (punishment of vagrants preventing children from receiving education), subsection (2) is repealed.
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951
5.
In section 12(2) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 19519 (apprehension of offenders), both occurrences of “, constable” are omitted.
Sea Fisheries (Shellfish) Act 1967
6.
In section 4D of the Sea Fisheries (Shellfish) Act 196710 (sections 4A to 4CA: supplementary), subsections (2A) and (2B) are repealed.
Immigration Act 1971
7.
In section 28H(13) of the Immigration Act 197111 (searching persons in police custody), for paragraph (b) substitute—
“(b)
he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,”.
Misuse of Drugs Act 1971
8.
Section 24 of the Misuse of Drugs Act 197112 (power of arrest) is repealed.
Inshore Fishing (Scotland) Act 1984
9.
In section 6A of the Inshore Fishing (Scotland) Act 198413 (power to enter land), subsections (6) and (7) are repealed.
Public Order Act 1986
10.
In each of sections 14B and 14C of the Public Order Act 198614 (trespassory assemblies), subsection (4) is repealed.
Road Traffic Act 1988
11.
Sections 167 (power of arrest) and 178(3) (taking motor vehicle without authority) of the Road Traffic Act 198815 are repealed.
Criminal Procedure (Scotland) Act 1995
12.
(1)
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2)
In section 24(3)(b) (bail and bail conditions) for “section 21, 22 or 43 of this Act” substitute “section 25 of the Criminal Justice (Scotland) Act 2016”.
(3)
In section 288K(1)16 (live television links: specified hearings), after “High Court,” insert “Sheriff Appeal Court,”.
Terrorism Act 2000
13.
In paragraph 18(3)(b) of schedule 8 of the Terrorism Act 200017 (treatment of persons detained under section 41 or schedule 7) for “section 15(4) of the Criminal Procedure (Scotland) Act 1995” substitute “section 40 of the Criminal Justice (Scotland) Act 2016”.
Extradition Act 2003
14.
In section 206C(5) of the Extradition Act 200318 (live links: interpretation), paragraph (c) is omitted.
PART 2Secondary Legislation
Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013
15.
In rule 12(3)(b) of the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 201319 (record keeping by the Reporter of investigation and determination) for “section 43(5) (arrangements where children arrested) of the Criminal Procedure (Scotland) Act 1995” substitute “section 53(2) of the Criminal Justice (Scotland) Act 2016 (duty to inform Principal Reporter if child not being prosecuted)”.
Secure Accommodation (Scotland) Regulations 2013
16.
In regulation 12(1)(b) of the Secure Accommodation (Scotland) Regulations 201320 (children otherwise dealt with under the Criminal Procedure Act) for “section 43 of the Criminal Procedure Act” substitute “section 22 or 53 of the Criminal Justice (Scotland) Act 2016”.
Right to Information (Suspects and Accused Persons) (Scotland) Regulations 2014
17.
In regulation 2 of the Right to Information (Suspects and Accused Persons) (Scotland) Regulations 201421 (interpretation) for paragraph (1) substitute—
“(1)
For the purposes of these Regulations, a person is in police custody if the person has been arrested by a constable in connection with an offence, except where arrested under the Extradition Act 2003, and is in custody in a police station or other premises.”.
Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 2014
18.
In regulation 2 of the Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 201422 (interpretation) for paragraph (2) substitute—
“(2)
For the purposes of these Regulations, a person is in police custody if the person has been arrested by a constable in connection with an offence, except where arrested under the Extradition Act 2003, and is in custody in a police station or other premises.”.