PART 1PRELIMINARY

Citation, commencement and extent1

1

This Order may be cited as the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.

2

This Order comes into force on 1st April 2013.

3

Subject to paragraphs (4) to (8), the provisions of this Order extend to the whole of the United Kingdom.

4

Articles 3 to 14 and 24 extend to Scotland only.

5

The modifications specified in Schedule 1 (and article 25 in so far as it relates to those modifications) have the same extent as the provisions being modified, except that the modifications do not extend to Scotland.

6

Subject to paragraph (7), the modifications specified in Schedule 2 (and article 26 in so far as it relates to those modifications) have the same extent as the provisions being modified.

7

The modifications specified in paragraphs 65, 66, 73, 74(2) and 76 of Schedule 2 (and article 26 in so far as it relates to those modifications) extend to Scotland only.

8

In Schedule 3—

a

paragraphs 1 to 11 and 13 to 18 (and article 27 in so far as it relates to those paragraphs) have the same extent as the provisions to which they relate; and

b

paragraphs 12 and 19 (and article 27 in so far as it relates to those paragraphs) extend to Scotland only.

Interpretation2

In this Order—

  • 1967 Act” means the Police (Scotland) Act 19673;

  • 1968 Act” means the Firearms Act 19684;

  • 1987 Act” means the Ministry of Defence Police Act 19875;

  • 1988 Act” means the Firearms (Amendment) Act 19886;

  • 1996 Act” means the Police Act 19967;

  • 2000 Act” means the Regulation of Investigatory Powers Act 20008;

  • 2004 Act” means the Fire and Rescue Services Act 20049;

  • 2005 Act” means the Fire (Scotland) Act 200510;

  • 2006 Order” means the Fire and Rescue Services (Northern Ireland) Order 200611;

  • 2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 200612;

  • 2012 Act” means the Police and Fire Reform (Scotland) Act 201213;

  • 2004 Act authority” means—

    1. a

      a fire and rescue authority determined under section 1 of the 2004 Act;

    2. b

      a fire and rescue service for a combined area constituted by order under section 2 of the 2004 Act14;

    3. c

      a combined authority constituted by a scheme to which section 415 of the 2004 Act applies;

  • 2004 Act function” means a function conferred by or under any of sections 7 to 9 and 11 of the 2004 Act;

  • “board function” means a function conferred by or under any of articles 5 to 8 of the 2006 Order;

  • “customs revenue functions” has the meaning given in section 7(9) of the Borders, Citizenship and Immigration Act 200916;

  • “customs revenue official” means a person designated by the Director of Border Revenue under section 11 of the Borders, Citizenship and Immigration Act 2009;

  • “Director of Border Revenue” means the official designated by the Secretary of State under section 6 of the Borders, Citizenship and Immigration Act 2009;

  • “enforcement functions” includes, in particular, reference to—

    1. a

      powers of entry;

    2. b

      power to search persons or property;

    3. c

      power to seize or detain property;

    4. d

      power to arrest persons;

    5. e

      power to detain persons; and

    6. f

      powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data);

  • “fire and rescue officer” has the meaning given by article 2(2) of the 2006 Order;

  • “general customs functions” has the meaning given in section 1(8) of the Borders, Citizenship and Immigration Act 200917;

  • “general customs official” means a person designated by the Secretary of State under section 3 of the Borders, Citizenship and Immigration Act 2009;

  • “immigration officer” means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 197118;

  • Northern Ireland Board” means the Northern Ireland Fire and Rescue Service Board;

  • “Scottish chief officer” means a chief constable of a police force maintained under section 2 of the 1967 Act.

  • SFRS” means the Scottish Fire and Rescue Service;

  • SFRS function” means a function conferred by or under any of sections 9 to 11 and 13 of the 2005 Act;

  • SOCA” means the Serious Organised Crime Agency;

  • the Commissioner” means the Police Investigations and Review Commissioner; and

  • “the relevant day” is the day on which this Order comes into force.