Police (Scotland) Act 1967 (repealed)

SCHEDULES

F1 F1 SCHEDULE I S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29

Sections 21, 24, 25.

SCHEDULE 2 S Transitory Provisions for the Purposes of Amalgamation Schemes

Modifications etc. (not altering text)

C1 Sch. 2 extended by Local Government (Scotland) Act 1973 (c. 65), s. 146(10)

1 S All constables of a police force who are transferred by an amalgamation scheme shall be deemed to have been duly appointed and attested under this Act as constables of the new force, and shall hold in that force the same ranks respectively as they held immediately before the date of such transfer in the transferred force.

2 Where immediately before the date when an amalgamation scheme comes into operation a constable of a transferred force is entitled to appeal to the Secretary of State under section 30 of this Act, or where any such constable has appealed to the Secretary of State under the said section before the said date but the appeal has not been determined, the disciplinary authority for the new force shall be the respondent for the purposes of the appeal and in the case of a pending appeal shall be substituted as respondent for the disciplinary authority of the transferred force.

3 S Any register kept in pursuance of any enactment by the chief constable of a transferred force shall be transferred by him to the chief constable of the new force as soon as may be after the date when the scheme came into operation, and as from that date shall be deemed to form part of the corresponding register kept by that chief constable.

4 S Subject to the foregoing provisions of this Schedule, anything done before the date when an amalgamation scheme comes into operation by, to or before the police authority for any police area comprised in the combined area, or by, to or before the chief constable of a transferred force, shall, in so far as may be necessary for the purpose or in consequence of the provisions of this Act or of the scheme, have effect after that date as if it had been done by, to or before the [F2 joint police board] or the chief constable of the new force.

Textual Amendments

F2 Words in Sch. 2 para. 4 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(17); S.I. 1996/323, art. 4(1)(b)(c)

5 S In this Schedule the expression “transferred force” means the police force maintained for any police area comprised in a combined area, and “new force” means the police force established by any amalgamation scheme, and any reference to attestation includes a reference to making a declaration under section 16 of this Act.

6 S This Schedule shall have effect in relation to an amending or revoking scheme with the substitution where necessary—

(a) for any reference to an amalgamation scheme, of a reference to the amending or revoking scheme.

(b) for any reference to the combined area, of a reference to such area as may be prescribed by the amending or revoking scheme, and

(c) for any reference to a police area comprised in a combined area, of a reference to the combined area under the scheme being amended or revoked;

and for this purpose the expression “new force” shall be construed as including a reference to a police force re-established by an amending or revoking scheme.

Sections 30, 48, 51.

SCHEDULE 3 S Disciplinary Appeals

Valid from 01/08/1996

[F3 Hearing S

Textual Amendments

F3 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F4 6 (1) A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered. S

(2) Where a hearing is held, the appellant shall have the right to be represented by a serving constable or by an advocate or a solicitor; and the respondent to be represented by a constable of the force maintained by, or an officer of, the relevant police authority or by an advocate or a solicitor.

Textual Amendments

F4 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F5 Effect S

Textual Amendments

F5 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F6 7 (1) Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against. S

(2) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, or in his rank he shall, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the order for the purposes of pay, be deemed to have served in the force or in that rank continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Textual Amendments

F6 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F7 Tribunal remuneration and expenses S

Textual Amendments

F7 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F8 8 S Members of a police appeals tribunal shall be—

(a) paid such remuneration; and

(b) reimbursed for such expenses,

as the Secretary of State may determine.

Textual Amendments

F8 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F9 Expenses of proceedings S

Textual Amendments

F9 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F10 9 (1) An appellant shall pay the whole of his own expenses unless the police appeals tribunal directs that the whole or any part of those expenses are to be paid by the relevant police authority. S

(2) Subject to sub-paragraph (1) of this paragraph, all the expenses of an appeal under section 30 of this Act, including the expenses of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be paid by the relevant police authority.

Textual Amendments

F10 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F11 Interpretation S

Textual Amendments

F11 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F12 10 S In this Schedule—

(a) “senior officer” means a constable holding a rank above that of superintendent;

(b) “relevant police authority” means the police authority for the area for which the police force of which the appellant is a constable is maintained; and

(c) “retired constable of appropriate rank” means—

(i) where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and

(ii) in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below.]

Textual Amendments

F12 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Notice of Appeal S

1 Any appeal under section 30 of this Act (in this Schedule referred to as “the principal section”) shall be instituted by giving a notice of appeal in the prescribed manner and within the prescribed time.

Respondent S

2 On any appeal under the principal section, the appropriate disciplinary authority for the police force shall be made the respondent.

Inquiries S

3 (1) The Secretary of State shall, unless it appears to him that the case is of such a nature that it can properly be determined without taking evidence, request the [F13 sheriff principal] to hold an inquiry and report to him.

(2) The [F13 sheriff principal], in holding an inquiry under this paragraph, may require any person to attend as a witness and give evidence, or to produce any documents in his possession or power which relate to any matter in question at the inquiry and are such as would be subject to production in a court of law; and if any person fails without reasonable excuse to comply with the provisions of any such requirement he shall be liable on summary conviction to a fine not exceeding [F14 level 1 on the standard scale].

(3) The [F13 sheriff principal], in the exercise of the functions conferred on him by this paragraph, shall have the like power as regards the administration of oaths as if he were acting in the exercise of his civil jurisdiction.

(4) The Secretary of State shall, before determining an appeal under the principal section, consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

(5) The Secretary of State may, before determining an appeal under the principal section, remit the case for further investigation by the [F13 sheriff principal] when an inquiry has been held, or in any case, if he thinks fit, for further consideration by the disciplinary authority.

(6) In this paragraph “ [F13 sheriff principal]” does not include a [F13 sheriff].

Textual Amendments

F13 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F14 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C, 289G

Notice and effect of determinations S

4 (1) A determination on an appeal made by the Secretary of State under the principal section shall, as soon as practicable, be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the [F15 sheriff principal] holding the inquiry, and the determination shall be final and binding upon all parties.

(2) Where an appeal is allowed, or the punishment is varied, by the Secretary of State, the determination shall take effect by way of substitution for the decision appealed from, and as from the date of that decision; and where the effect of the determination is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension, and, to such extent (if any) as may be determined by the determination, for the purpose of pay, be deemed to have served in the force or in that rank, as the case may be, continuously from the date of the decision to the date of reinstatement, and if he was suspended for a period immediately preceding the date of the decision, the determination shall deal with the suspension.

Textual Amendments

F15 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Rules S

5 The Secretary of State may make rules as to the procedure on appeals and at inquiries under this Schedule and in particular, but without prejudice to the generality of this provision, shall make rules—

(a) prescribing the form and contents of the notice of appeal and the documents to be submitted by the appellant and the time within which such documents are to be submitted;

(b) prescribing the documents to be submitted and the time within which they are to be submitted by the respondent:

Provided that the rules shall provide for giving to the appellant the right to be represented at an inquiry by a constable or by counsel or a solicitor, and for giving to the respondent the right to be represented by a constable of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.

Sections 52, 53.

SCHEDULE 4 E+W+S Consequential Amendment of Enactments

Modifications etc. (not altering text)

C2 The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The M1 Dogs Act 1906 E+W+S

Marginal Citations

M1 6 Edw. 7. c. 32

In section 8(b), for the words “the Police (Scotland) Act, 1890” there shall be substituted the words “ the Police (Scotland) Act 1967 ”.

The M2 Children and Young Persons Act 1933 E+W+S

Marginal Citations

M2 23 & 24 Geo. 5 c. 12

In section 107(1), in the definition of “chief officer of police” for the words “the Police (Scotland) Act, 1890” there shall be substituted the words “ the Police (Scotland) Act 1967 ”.

. . . F16 E+W+S

Textual Amendments

F16 In Sch. 4 the entry relating to the Firearms Act 1937 repealed by Firearms Act 1968 (c. 27, SIF 51:1), s. 59, Sch. 7

S

F17 . . ..

Textual Amendments

F17 Entry relating to the Police (Overseas Service) Act 1945 in Sch. 4 repealed (1.1.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3075, art. 2, Sch.

The M3 Local Government (Scotland) Act 1947 E+W+S

Marginal Citations

M3 10 & 11 Geo. 6 c. 43

In Schedule 6, the entry relating to section 15 of the Police (Scotland) Act 1956 shall be omitted and there shall be inserted the following entry:—

“Section 15 of the Police (Scotland) Act 1956, except as regards dwelling-houses and other housing accommodation, and sections 2(4) and 10 of the Police (Scotland) Act 1967, except as aforesaid.

Such period not exceeding sixty years as the Secretary of State may fix.”

. . . F18 S

Textual Amendments

F18 In Sch. 4 the entry relating to the Police Pensions Act 1948 repealed by Police Pensions Act 1976 (c. 35, SIF 95), s. 13(2), Sch. 3

The M4 Civil Defence Act 1948 E+W+S

Marginal Citations

M4 12, 13 & 14 Geo. 6 c. 5

In section 4(6)(b), for the words from “section eleven of the Police (Scotland) Act, 1946” to the end there shall be substituted the words “ section 10 of the Police (Scotland) Act 1967 on police authorities to acquire compulsorily land required for the purposes of their functions under that Act ”.

. . . F19 S

Textual Amendments

F19 In Sch. 4 the entry relating to the Homicide Act 1957 repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. V

. . . F20 S

Textual Amendments

F20 Entry relating to Overseas Service Act 1958 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 18, Sch. 2 Pt. I

The M5 Police Act 1964 E+W+S

Marginal Citations

M5 1964 c. 48

In section 19(6), for the words “section 5 of the Police (Scotland) Act 1956” there shall be substituted the words “section 18 of the Police (Scotland) Act 1967”.

In section 44(3)(e), for the words “section 11 of the Police (Scotland) Act 1956” there shall be substituted the words “section 26 of the Police (Scotland) Act 1967”.

In section 45(2), after the word “section” there shall be inserted the words “or section 26(8) of the Police (Scotland) Act 1967 (including the last-mentioned subsection as applied by section 27(3) of the said Act)”.

In section 64(4), after the words “any provision of this Act” there shall be inserted the words “(including any provision of the Police (Scotland) Act 1967 which re-enacts any provision of this Act repealed by that Act)”.

The M6 Firearms Act 1965 E+W+S

Marginal Citations

M6 1965 c. 44

In Schedule 1, in paragraph 2, after the words “the Police (Scotland) Act 1956” there shall be inserted the words “ or against section 41 of the Police (Scotland) Act 1967 ”.

The M7 National Insurance (Industrial Injuries) Act 1965 E+W+S

Marginal Citations

M7 1965 c. 52

In section 77, for the words “the Police (Scotlnad) Act 1956” there shall be substituted the words “ the Police (Scotland) Act 1967 ”.

The M8 Superannuation (Miscellaneous Provisions) Act 1967 E+W+S

Marginal Citations

M8 1967 c. 28

In section 13(3), for the wors from “sections 11A” to the end there shall be substituted the words “ sections 27 and 8 respectively of the Police (Scotland) Act 1967 ”.

. . . F21 S

Textual Amendments

F21 Entry relating to Road Traffic Regulation Act 1967 (c. 76) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F22 Sections 52, 53.

E+W+S

Textual Amendments

F22 Entries relating to the House to House Collections Act 1939 repealed by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137(8), Sch. 4

Modifications etc. (not altering text)

C3 The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991