The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/602 |
| Year | 2013 |
2013 No. 602
Constitutional Law
Devolution, Scotland
Fire And Rescue Services
Police
The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
Made 12th March 2013
Coming into force 1st April 2013
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1), 113(2), (3), (4) and (5) and 114(1) of the Scotland Act 19981.
In accordance with section 115(1) of, and paragraphs 1, 2, 3 and 5(1) of Schedule 72to, that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
PRELIMINARY
Citation, commencement and extent
1.—(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)
(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)
(b) paragraphs 12 and 19 (and article 27 in so far as it relates to those paragraphs) extend to Scotland only.
Interpretation
2. 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—
(a) a fire and rescue authority determined under section 1 of the 2004 Act;
(b) a fire and rescue service for a combined area constituted by order under section 2 of the 2004 Act14;
(c) a combined authority constituted by a scheme to which section 415of 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—
(a) powers of entry;
(b) power to search persons or property;
(c) power to seize or detain property;
(d) power to arrest persons;
(e) power to detain persons; and
(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.
PART 2
POLICE
Agreements to investigate serious incidents
3.—(1) The Commissioner and the British Transport Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the British Transport Police Force, on any serious incident involving the British Transport Police Force.
(2) A “serious incident involving the British Transport Police Force” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act19except that “a person serving with the police” means a constable of the British Transport Police Force and any other persons specified in the agreement who serve with that Force or who are employed by the British Transport Police Authority.
(3) The Commissioner and the Civil Nuclear Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the Civil Nuclear Constabulary, on any serious incident involving the Civil Nuclear Constabulary.
(4) A “serious incident involving the Civil Nuclear Constabulary” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Civil Nuclear Constabulary and any other persons specified in the agreement who serve with that Constabulary or who are employed by the Civil Nuclear Police Authority.
(5) The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the chief constable of the Ministry of Defence Police, on any serious incident involving the Ministry of Defence Police.
(6) A “serious incident involving the Ministry of Defence Police” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Ministry of Defence Police.
(7) The Commissioner and SOCA may enter into an agreement for the Commissioner to investigate and report, where requested to do so by SOCA, on any serious incident involving SOCA.
(8) A “serious incident involving SOCA” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the staff of SOCA.
(9) The Commissioner and the Commissioners for Her Majesty’s Revenue and Customs may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the Commissioners for Revenue and Customs, on any serious incident involving Her Majesty’s Revenue and Customs.
(10) A “serious incident involving Her Majesty’s Revenue and Customs” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an officer of Revenue and Customs, but only when acting in the exercise of such enforcement functions as may be specified in an agreement made under paragraph (9).
(11) The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on any serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum.
(12) A “serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum, but only when acting in the exercise of such enforcement functions as may specified in an agreement made under paragraph (11).
(13) An agreement made under paragraph (11) of this article must not establish and maintain procedures in relation to complaints about the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 199920.
(14) The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on a serious incident involving a general customs official.
(15) A “serious incident involving a general customs official” has the same meaning as in section 41B of the 2006 Act except that “a person serving with the police” means a general customs official or any other person exercising general customs functions under the authority of the Secretary of State or the Director of Border Revenue, but only when acting in the exercise of such enforcement functions as may be specified in an agreement under paragraph (14).
(16) The Commissioner and the Director of Border...
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