The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

  3. PART 2

    1. 3.Agreements to investigate serious incidents

    2. 4.Investigation of crimes and deaths

    3. 5.Assistance by British Transport Police Force to Police Service of Scotland

    4. 6.Assistance by Police Service of Scotland to British Transport Police Force

    5. 7.Liability for unlawful conduct of member of Ministry of Defence Police

    6. 8.Collaboration agreements

    7. 9.1Causing disaffection

    8. 10.Offences: extension for other police forces

    9. 11.2Grants for safeguarding national security

    10. 12.Independent custody visiting

    11. 13.Provision of goods and services

    12. 14.2Pensions: special constables and police cadets

  4. PART 3

    1. 15.Provision of cross-border assistance by SFRS

    2. 16.Cross-border delegation of functions to SFRS

    3. 17.Powers of SFRS employee in England and Wales

    4. 18.Powers of SFRS employee in Northern Ireland

    5. 19.Provision of cross-border assistance to SFRS

    6. 20.Cross-border delegation of functions by SFRS

    7. 21.Powers of 2004 Act authority employee in Scotland

    8. 22.Powers of Northern Ireland Board employee in Scotland

    9. 23.Arrangements under articles 15, 16, 19 and 20: terms

    10. 24.Offences

  5. PART 4

    1. 25.Extension of modifications of enactments made by 2012 Act

    2. 26.Modifications of enactments

    3. 27.Transitional and savings provision

  6. Signature

    1. SCHEDULE 1

      EXTENSION OF MODIFICATIONS OF ENACTMENTS MADE BY 2012 ACT

      1. Pensions (Increase) Act 1971

        1. 1.In paragraph 44 of Schedule 2 to the Pensions (Increase)...

      2. Health and Safety at Work etc. Act 1974

        1. 2.In section 51A of the Health and Safety at Work...

      3. Road Traffic Regulation Act 1984

        1. 3.In section 87(1) of the Road Traffic Regulation Act 1984...

      4. Criminal Justice and Public Order Act 1994

        1. 4.(1) The Criminal Justice and Public Order Act 1994 is...

      5. Police Act 1996

        1. 5.(1) The Police Act 1996 is amended as follows.

      6. Police Act 1997

        1. 6.(1) The Police Act 1997 is amended as follows.

      7. Fire and Rescue Services Act 2004

        1. 7.(1) The Fire and Rescue Services Act 2004 is amended...

      8. Gambling Act 2005

        1. 8.In section 157 of the Gambling Act 2005 (responsible authorities...

      9. Corporate Manslaughter and Corporate Homicide Act 2007

        1. 9.In section 6(2) of the Corporate Manslaughter and Corporate Homicide...

    2. SCHEDULE 2

      1. PART 1 MODIFICATIONS OF PUBLIC GENERAL ACTS

        1. Light Railways Act 1896

          1. 1.In section 26(5) of the Light Railways Act 1896 (application...

        2. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

          1. 2.In Part 1 of Schedule 2 to the Reserve and...

        3. Superannuation (Miscellaneous Provisions) Act 1967

          1. 3.1In section 13 of the Superannuation (Miscellaneous Provisions) Act 1967...

        4. Police (Scotland) Act 1967

          1. 4.In the Police (Scotland) Act 1967 omit—

        5. Firearms Act 1968

          1. 5.(1) The Firearms Act 1968 is modified as follows.

        6. Employers’ Liability (Compulsory Insurance) Act 1969

          1. 6.In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act...

        7. Pensions (Increase) Act 1971

          1. 7.(1) 2Schedule 2 to the Pensions (Increase) Act 1971 (official...

        8. Superannuation Act 1972

          1. 8.(1) 3The Superannuation Act 1972 is modified as follows.

        9. Overseas Pensions Act 1973

          1. 9.In section 2 of the Overseas Pensions Act 1973 (superannuation...

        10. House of Commons Disqualification Act 1975

          1. 10.(1) The House of Commons Disqualification Act 1975 is modified...

        11. Northern Ireland Assembly Disqualification Act 1975

          1. 11.In section 1(2) of the Northern Ireland Assembly Disqualification Act...

        12. Police Pensions Act 1976

          1. 12.(1) 5The Police Pensions Act 1976 is modified as follows....

        13. Bail Act 1976

          1. 13.In section 8(6) of the Bail Act 1976 (bail with...

        14. Criminal Law Act 1977

          1. 14.In section 38A(2) of the Criminal Law Act 1977 (execution...

        15. Interpretation Act 1978

          1. 15.(1) The Interpretation Act 1978 is modified as follows.

        16. Finance Act 1981

          1. 16.In section 107(3)(k) of the Finance Act 1981 (sale of...

        17. Civil Aviation Act 1982

          1. 17.In section 57(4) of the Civil Aviation Act 1982 (power...

        18. Aviation Security Act 1982

          1. 18.(1) The Aviation Security Act 1982 is modified as follows....

        19. Police and Criminal Evidence Act 1984

          1. 19.In section 63A(1B) of the Police and Criminal Evidence Act...

        20. Ministry of Defence Police Act 1987

          1. 20.(1) The Ministry of Defence Police Act 1987 is modified...

        21. Firearms (Amendment) Act 1988

          1. 21.In section 18B(2) of the Firearms (Amendment) Act 1988 (permitted...

        22. Road Traffic Act 1988

          1. 22.(1) The Road Traffic Act 1988 is modified as follows....

        23. Road Traffic Offenders Act 1988

          1. 23.In section 89(1) of the Road Traffic Offenders Act 1988...

        24. Road Traffic Act 1991

          1. 24.In paragraphs 1(6) and 2(6) of Schedule 3 to the...

        25. Police Act 1996

          1. 25.(1) The Police Act 1996 is modified as follows.

        26. Firearms (Amendment) Act 1997

          1. 26.In section 35A(2) of the Firearms (Amendment) Act 1997 (permitted...

        27. The Police (Health and Safety) Act 1997

          1. 27.In section 5(3) of the Police (Health and Safety) Act...

        28. Data Protection Act 1998

          1. 28.In section 56(6) of the Data Protection Act 1998 (prohibition...

        29. Police (Northern Ireland) Act 1998

          1. 29.(1) The Police (Northern Ireland) Act 1998 is modified as...

        30. Crime and Disorder Act 1998

          1. 30.In section 115(2) of the Crime and Disorder Act 1998...

        31. Immigration and Asylum Act 1999

          1. 31.In section 20(4) of the Immigration and Asylum Act 1999...

        32. Terrorism Act 2000

          1. 32.(1) The Terrorism Act 2000 is modified as follows.

        33. Regulation of Investigatory Powers Act 2000

          1. 33.(1) The 2000 Act) is modified as follows.

        34. Political Parties, Elections and Referendums Act 2000

          1. 34.In paragraph 28(1)(d) of Schedule 19C to the Political Parties,...

        35. Criminal Justice and Court Services Act 2000

          1. 35.In section 71 of the Criminal Justice and Court Services...

        36. Vehicles Crime Act 2001

          1. 36.In section 18(9) of the Vehicles Crime Act 2001 (register...

        37. Anti-terrorism, Crime and Security Act 2001

          1. 37.(1) The Anti-terrorism, Crime and Security Act 2001 is modified...

        38. Justice (Northern Ireland) Act 2002

          1. 38.In section 5A(5) of the Justice (Northern Ireland) Act 2002...

        39. Police Reform Act 2002

          1. 39.(1) The Police Reform Act 2002 is modified as follows....

        40. Finance Act 2003

          1. 40.In paragraph 1(3) of Schedule 9 to the Finance Act...

        41. Railways and Transport Safety Act 2003

          1. 41.(1) The Railways and Transport Safety Act 2003 is modified...

        42. Crime (International Co-operation) Act 2003

          1. 42.(1) The Crime (International Co-operation) Act 2003 is modified as...

        43. Sexual Offences Act 2003

          1. 43.In sections 94(3)(a) (Part 2: supply of information to Secretary...

        44. Energy Act 2004

          1. 44.(1) The Energy Act 2004 is modified as follows.

        45. Constitutional Reform Act 2005

          1. 45.In section 107(5) of the Constitutional Reform Act 2005 (disclosure...

        46. Commissioner for Revenue and Customs Act 2005

          1. 46.In section 27 of the Commissioner for Revenue and Customs...

        47. Fire (Scotland) Act 2005

          1. 47.In section 16A(1) of the Fire (Scotland) Act 2005 (exercise...

        48. Serious Organised Crime and Police Act 2005

          1. 48.(1) The Serious Organised Crime and Police Act 2005 is...

        49. Gambling Act 2005

          1. 49.(1) The Gambling Act 2005 is modified as follows.

        50. Immigration, Asylum and Nationality Act 2006

          1. 50.(1) The Immigration, Asylum and Nationality Act 2006 is modified...

        51. Health Act 2006

          1. 51.(1) The Health Act 2006 is modified as follows.

        52. Wireless Telegraphy Act 2006

          1. 52.After section 107(4) of the Wireless Telegraphy Act 2006 (proceedings...

        53. Safeguarding Vulnerable Groups Act 2006

          1. 53.In section 50A(3)(b) of the Safeguarding Vulnerable Groups Act 2006...

        54. Police and Justice Act 2006

          1. 54.(1) The Police and Justice Act 2006 is modified as...

        55. Road Safety Act 2006

          1. 55.In section 49A(3)(f) of the Road Safety Act 2006 (disclosure...

        56. Armed Forces Act 2006

          1. 56.In section 375(2) of the Armed Forces Act 2006 (definitions...

        57. Corporate Manslaughter and Corporate Homicide Act 2007

          1. 57.(1) The Corporate Manslaughter and Corporate Homicide Act 2007 is...

        58. Legal Services Act 2007

          1. 58.In section 169(5) of the Legal Services Act 2007 (disclosure...

        59. Regulatory Enforcement and Sanctions Act 2008

          1. 59.In section 37(3)(d) of the Regulatory Enforcement and Sanctions Act...

        60. Counter-Terrorism Act 2008

          1. 60.(1) The Counter-Terrorism Act 2008 is modified as follows.

        61. Borders, Citizenship and Immigration Act 2009

          1. 61.In section 29 of the Borders, Citizenship and Immigration Act...

        62. Marine and Coastal Access Act 2009

          1. 62.(1) The Marine and Coastal Access Act 2009 is modified...

        63. Equality Act 2010

          1. 63.(1) The Equality Act 2010 is modified as follows.

        64. Terrorism Prevention and Investigation Measures Act 2011

          1. 64.(1) The Terrorism Prevention and Investigation Measures Act 2011 is...

      2. PART 2 MODIFICATION OF ACT OF THE SCOTTISH PARLIAMENT

        1. Police and Fire Reform (Scotland) Act 2012

          1. 65.In Part 1 of schedule 7 to the Police and...

      3. PART 3 MODIFICATIONS OF SUBORDINATE LEGISLATION

        1. Social Security (Employed Earners’ Employments for Industrial Injuries Purposes) Regulations 1975

          1. 66.(1) The Social Security (Employed Earners’ Employment for Industrial Injuries...

        2. Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

          1. 67.(1) In regulation 12(1)(c) of the Town and Country Planning...

        3. Road Vehicles (Construction and Use) Regulations 1986

          1. 68.In paragraph 1(c)(i) of Schedule 12 to the Road Vehicles...

        4. Income Support (General) Regulations 1987

          1. 69.In paragraph 7(1)(ab) of Schedule 8 to the Income Support...

        5. The Police and Criminal Evidence (Northern Ireland) Order 1989

          1. 70.In Article 63A(1B) of Police and Criminal Evidence (Northern Ireland)...

        6. Official Secrets Act 1989 (Prescription) Order 1990

          1. 71.(1) The Official Secrets Act 1989 (Prescription) Order 1990 is...

        7. Child Support (Maintenance Assessments and Special Cases) Regulations 1992

          1. 72.In paragraph 1(1)(i)(iib) of Part 1 of Schedule 1 to...

        8. Goods Vehicles (Licensing of Operators) Regulations 1995

          1. 73.In paragraph 6 of Part 1 of Schedule 3 to...

        9. Jobseeker’s Allowance Regulations 1996

          1. 74.(1) The Jobseeker’s Allowance Regulations 1996 are modified as follows....

        10. Social Security Benefit (Computation of Earnings) Regulations 1996

          1. 75.In paragraph 9(ab) of Schedule 1 to the Social Security...

        11. Health and Safety (Enforcing Authority) Regulations 1998

          1. 76.In regulation 4(3)(e) of the Health and Safety (Enforcing Authority)...

        12. Scotland Act 1998 (Concurrent Functions) Order 1999

          1. 77.(1) Schedule 2 to the Scotland Act 1998 (Concurrent Functions)...

        13. Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999

          1. 78.(1) The Scotland Act 1998 (Transfer of Functions to the...

        14. Motor Vehicles (Driving Licences) Regulations 1999

          1. 79.In regulation 23(9) of the Motor Vehicles (Driving Licences) Regulations...

        15. Child Support (Maintenance Calculations and Special Cases) Regulations 2001

          1. 80.In paragraph 4(2)(g)(iib) of the Schedule to the Child Support...

        16. Representation of the People (Scotland) Regulations 2001

          1. 81.In regulation 31J(4)(b) of the Representation of the People (Scotland)...

        17. State Pension Credit Regulations 2002

          1. 82.In paragraph 2(2)(ab) of Schedule 6 to the State Pension...

        18. The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003

          1. 83.In paragraph 1(2)(b) of Schedule 1 to the Scotland Act...

        19. Revenue and Customs (Inspections) Regulations 2005

          1. 84.(1) In regulation 10(2) of the Revenue and Customs (Inspections)...

        20. Housing Benefit Regulations 2006

          1. 85.In paragraph 8(1)(b) of Schedule 4 to the Housing Benefits...

        21. Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

          1. 86.In paragraph 3(2)(b) of Schedule 4 to the Housing Benefit...

        22. Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

          1. 87.In regulation 2(1) of the Vehicle Drivers (Certificates of Professional...

        23. Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098)

          1. 88.(1) The Police, Public Order and Criminal Justice (Scotland) Act...

        24. The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

          1. 89.Omit paragraph 1(2)(b)(i) of Schedule 1 to the Scotland Act...

        25. The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008

          1. 90.(1) The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008...

        26. Employment and Support Allowance Regulations 2008

          1. 91.In regulation 43(1)(e)(iii) of the Employment and Support Allowance Regulations...

        27. The Police Act 1997 (Criminal Records) Regulations 2009

          1. 92.In regulation 2 of the Police Act 1997 (Criminal Records)...

        28. Road Vehicles (Approval) Regulations 2009

          1. 93.In regulation 5(8) of the Road Vehicles (Approval) Regulations 2009...

        29. The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009

          1. 94.In regulation 2 of the Police Act 1997 (Criminal Records)...

        30. The Ministry of Defence Police (Conduct) Regulations 2009

          1. 95.(1) The Ministry of Defence Police (Conduct) Regulations 2009 are...

        31. The Ministry of Defence Police Appeals Tribunals Regulations 2009

          1. 96.(1) The Ministry of Defence Police Appeals Tribunals Regulations 2009...

        32. Regulation of Investigatory Powers (Communications Data) Order 2010

          1. 97.(1) The Regulation of Investigatory Powers (Communications Data) Order 2010...

        33. Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

          1. 98.Part 1 of Schedule 1 to the Regulation of Investigatory...

        34. The Pyrotechnic Articles (Safety) Regulations 2010

          1. 99.(1) The Pyrotechnic Articles (Safety) Regulations 2010 are modified as...

        35. The Ministry of Defence Police (Performance) Regulations 2012

          1. 100.In regulation 4 of the Ministry of Defence Police (Performance)...

    3. SCHEDULE 3

      TRANSITIONAL AND SAVINGS PROVISIONS

      1. 1.Transitional provisions: firearms

      2. 2.Savings provision: data protection

      3. 3.Transitional provisions: regulation of investigatory powers

      4. 4.Transitional provision: agreements with Police Complaints Commissioner for Scotland

      5. 5.Transitional provision: officers engaged on service outwith their force

      6. 6.Transitional provisions: declarations

      7. 7.A constable or special constable of the British Transport Police...

      8. 8.Transitional provision: bail

      9. 9.Transitional provisions: armed forces

      10. 10.Pensions: savings

      11. 11.Transitional and saving provision: transfer of functions

      12. 12.Transitional provisions: criminal offences

      13. 13.Transitional provisions: arrangements with Ministry of Defence Police

      14. 14.Transitional provisions: arrangements with British Transport Police Force

      15. 15.Where a constable of the British Transport Police Force is,...

      16. 16.(1) Sub-paragraph (2) applies to any agreement—

      17. 17.Transitional provision: arrangements with Civil Nuclear Constabulary

      18. 18.Transitional provisions: arrangements with police forces in England and Wales and the Police Service of Northern Ireland

      19. 19.Transitional and saving provision: costs of policing at gas facilities

  8. Explanatory Note