- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 No. 46
10.—(1) A code of practice issued by the Lord Advocate under section 57 of the 2016 Act may deal with matters which, by virtue of section 29(2)(b) or (c) of the Scotland Act 1998, it is outside the legislative competence of the Scottish Parliament to make provision about.
(2) Without prejudice to the generality of paragraph (1), the Lord Advocate may, in exercise of the function conferred by section 57(3)(b) of the 2016 Act, specify a body in a code notwithstanding that it is outside the legislative competence of the Scottish Parliament to make provision about that body or functions which are exercisable by it or on its behalf.
(3) Nothing in this article permits a code to deal with matters other than—
(a)the questioning, and recording of questioning, of persons suspected of committing offences; and
(b)the conduct of identification procedures involving such persons.
(4) In section 57(5) of the 2016 Act—
(a)the word “and” at the end of paragraph (g) is repealed; and
(b)after that paragraph insert—
“(ga)any body which the Lord Advocate intends to specify in the code under subsection (3)(b) and (where relevant) the Secretary of State, and”.
11.—(1) The 2016 Act is amended as follows.
(2) In section 74(4)—
(a)at the end of paragraph (b), omit the word “or”; and
(b)after paragraph (c) insert—
“(d)the British Transport Police Authority,
(e)the chief constable of the British Transport Police Force,
(f)the Civil Nuclear Police Authority,
(g)the chief constable of the Civil Nuclear Constabulary,
(h)the chief constable of the Ministry of Defence Police, or
(i)the Secretary of State.”.
(3) In section 76(2), after paragraph (e) insert—
“(ea)the British Transport Police Authority,
(eb)the chief constable of the British Transport Police Force,
(ec)the Civil Nuclear Police Authority,
(ed)the chief constable of the Civil Nuclear Constabulary,
(ee)the chief constable of the Ministry of Defence Police,
(ef)the Commissioners for Her Majesty’s Revenue and Customs,
(eg)the Director of Border Revenue,
(eh)the National Crime Agency,
(ei)for each of the persons mentioned in paragraphs (ea) to (eh), the Secretary of State.”.
12.—(1) An immigration officer, a designated customs official and an officer of Revenue and Customs must have regard to any code of practice issued under section 73 of the 2016 Act in exercising any function corresponding to a function to which the code applies.
(2) In this article, “immigration officer” and “designated customs official” have the meaning given by paragraph 1 of Schedule 3.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: