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Scottish Statutory Instruments

2023 No. 139 (C. 13)

Police

The Criminal Justice (Scotland) Act 2016 (Commencement No. 8) Order 2023

Made

2nd May 2023

Laid before the Scottish Parliament

4th May 2023

Coming into force

17th August 2023

The Scottish Ministers make the following Order in exercise of the power conferred by section 117(2) of the Criminal Justice (Scotland) Act 2016(1).

Citation and commencement

1.  This Order may be cited as the Criminal Justice (Scotland) Act 2016 (Commencement No. 8) Order 2023 and comes into force on 17 August 2023.

Appointed day

2.  17 August 2023 is the day appointed for the coming into force of the following provisions of the Criminal Justice (Scotland) Act 2016—

(a)section 113(1) (Police Negotiating Board for Scotland - establishment and functions), so far as not already in force,

(b)section 113(2),

(c)section 114(1)(a) and (2) (consequential and transitional).

ANGELA CONSTANCE

A member of the Scottish Government

St Andrew’s House,

Edinburgh

2nd May 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 17 August 2023 the remainder of those provisions of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) that relate to the Police Negotiating Board for Scotland (“PNBS”). It commences those provisions which confer functions on PNBS, lists PNBS as a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002 (asp 13) and brings into force the transitional provisions contained in section 114(2) of the 2016 Act.

The Bill for the 2016 Act received Royal Assent on 13 January 2016. Sections 71, 73 to 77 and 115 to 118 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of commencementInstrument no.
Sections 1 to 4125 January 2018S.S.I. 2017/345
Section 4210 January 2020S.S.I. 2019/363
Sections 43 to 5925 January 2018S.S.I. 2017/345
Sections 60 to 6417 January 2017S.S.I. 2016/426
Sections 65 to 6911 May 2017S.S.I. 2017/99
Section 7211 May 2017S.S.I. 2017/99
Section 7817 January 2017S.S.I. 2016/426
Sections 79, 80 and 81(1), (2) and (5)29 May 2017S.S.I. 2017/99
Section 81(3) and (4)31 July 2017S.S.I. 2017/99
Section 81(6) and (7)28 August 2017S.S.I. 2017/99
Sections 82 and 8317 January 2017S.S.I. 2016/426
Section 8410 March 2016S.S.I. 2016/95
Sections 87 to 9617 January 2017S.S.I. 2016/426
Section 9725 January 2018S.S.I. 2017/345
Sections 98 to 10117 January 2017S.S.I. 2016/426
Sections 102 and 10310 January 2020S.S.I. 2019/363
Sections 104 to 10617 January 2017S.S.I. 2016/426
Section 10925 January 2018S.S.I. 2017/345
Section 110(1) and (2)(b)25 January 2018S.S.I. 2017/345
Sections 110(2)(a) and 111(1)17 January 2017S.S.I. 2016/426
Section 1121 July 2016S.S.I. 2016/199
Section 113(1) for the purpose of insertion of section 55A of the Police and Fire Reform (Scotland) Act 2012 (asp 8)9 March 2023S.S.I. 2023/49
Section 113(3) and (4)9 March 2023S.S.I. 2023/49
Section 114(1)(b)9 March 2023S.S.I. 2023/49
Schedule 125 January 2018S.S.I. 2017/345
Schedule 225 January 2018S.S.I. 2017/345
Schedule 39 March 2023S.S.I. 2023/49