Back to the Scottish Parliament Business Bulletin No. 81/2006: Friday 19 May 2006
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Section G – Bills

New amendments to Bills lodged on 18 May 2006

Animal Health and Welfare (Scotland) Bill – Stage 3

After section 20

Maureen Macmillan

6 After section 20, insert—

<Electric collars

(1) A person commits an offence if the person knowingly—

(a) attaches an electric collar to a protected animal, or

(b) uses or permits the use of any electric collar on a protected animal.

(2) A person commits an offence if the person—

(a) possesses or controls,

(b) offers, exposes or advertises for sale or supply, or

(c) sells or supplies,

any electric collar.

(3) In this section, references to an electric collar mean any collar, or similar device, which is made, designed or adapted to transmit an electric current or other electric impulse to cause shock, pain or other stimulus to an animal wearing the collar or similar device.>

Section 21

Maureen Macmillan

7 In section 21, page 33, line 32, leave out <with the intention of supplying it to another person>

Section 23

Dr Elaine Murray

8 In section 23, page 36, line 35, at end insert—

<( ) the prevention of poisoning,>

Interests of Members of the Scottish Parliament Bill – Stage 3

Schedule

Brian Adam

35 In the schedule, page 12, line 36, at end insert—

<Modification

(1) The Parliament may, by resolution, make any modifications of this schedule which the Parliament considers necessary or expedient.

(2) Immediately after any such resolution is passed, the Clerk shall send a copy of it to the Queen’s Printer for Scotland and Articles 5, 7(1), 8 and 9 of the Scotland Act 1998 (Transitional and Transitory Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096) shall apply to it as if it were a Scottish statutory instrument.>

Police, Criminal Justice and Public Order (Scotland) Bill – Stage 3

Section 2

Hugh Henry

130 In section 2, page 2, line 1, at end insert—

<( ) The Agency may disseminate such information to—

(a) police forces;

(b) police forces maintained under section 2 of the Police Act 1996 (c.16);

(c) the metropolitan police force;

(d) the City of London police force;

(e) the Police Service of Northern Ireland;

(f) the States of Jersey Police Force;

(g) the salaried police force of the Island of Guernsey;

(h) the Isle of Man Constabulary;

(i) the Ministry of Defence Police;

(j) the British Transport Police Force;

(k) the Civil Nuclear Constabulary;

(l) the Commissioners for Her Majesty’s Revenue and Customs and any other government department;

(m) the Serious Organised Crime Agency;

(n) the Scottish Administration;

(o) any other person who is charged with the duty of investigating offences or charging offenders;

(p) any other person who is engaged outwith the United Kingdom in the carrying on of activities similar to any carried on by the Agency or a police force.>

Section 3

Hugh Henry

131 In section 3, page 2, line 19, leave out second <the> and insert <any>

Hugh Henry

132 In section 3, page 2, line 20, leave out from <other> to end of line 21 and insert <which are delegated to the Authority by virtue of section 121 of that Act>

Section 9

Hugh Henry

133 In section 9, page 5, line 13, leave out <constable> and insert <person>

Hugh Henry

134 In section 9, page 5, line 14, leave out <constable’s> and insert <person’s>

Hugh Henry

135 In section 9, page 5, line 18, at end insert—

<( ) person to whom by virtue of sub-paragraph (4A) of that paragraph of that schedule, sub-paragraph (4B) of that paragraph applies.>

Section 17

Hugh Henry

136 Leave out section 17

After section 19

Hugh Henry

137 After section 19 insert—

<Disclosure of information by the Agency

(1) Information obtained by the Agency in connection with any of its functions may be disclosed by it if the disclosure is for any permitted purposes.

(2) "Permitted purposes" means the purposes of any of the following—

(a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;

(b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom;

(c) the exercise of any function conferred on the Agency by section 2 or 18 (so far as not falling within paragraph (a) or (b));

(d) the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act 2000 (c.23);

(e) the exercise of any functions under Chapter 1 of Part 2 of this Act or Part 2 of the Football Spectators Act 1989 (c.37), or of any similar functions under the law of any part of the United Kingdom other than Scotland or England and Wales or of any country or territory outside the United Kingdom;

(f) the exercise of any function which appears to the Scottish Ministers to be a function of a public nature and which they designate by order.

(3) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure; or

(b) any other restriction on the disclosure of information (however imposed).

(4) Information disclosed by the Agency under this section to any person or body must not be further disclosed except—

(a) for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by the Agency, or otherwise for any permitted purposes; and

(b) with the consent of the Agency.

(5) Consent under subsection (4) may be given—

(a) in relation to a particular disclosure; or

(b) in relation to disclosures made in circumstances specified or described in the consent.>

Hugh Henry

138 After section 19 insert—

<Disclosure of information to the Agency

(1) Any person may disclose information to the Agency if the disclosure is made for the purposes of the exercise by the Agency of any of its functions.

(2) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure; or

(b) any other restriction on the disclosure of information (however imposed).>

Before section 31

Jackie Baillie

139 Before section 31 insert—

<Investigation by Scottish Public Services Ombudsman into police conduct

(1) The Scottish Public Services Ombudsman Act 2002 (asp 11) is amended in accordance with subsections (2) to (8) below.

(2) After section 5(1)(e) there is inserted—

"(f) in relation to a listed authority which is a police body listed in Part 1 of schedule 2, action taken by or on behalf of the body which does not appear to constitute a crime."

(3) In section 7(1), at beginning, there is inserted "Except in relation to an investigation into any action by a police body listed in Part 1 of schedule 2"

(4) After section 15, there is inserted—

"15A Reports on investigations concerning police: reconsideration direction

(1) This section applies where a report under section 15 is made pursuant to a complaint against a listed authority which is one of the police bodies listed in Part 1 of schedule 2.

(2) Such a report may include a direction (a "reconsideration direction") requiring the listed authority or, as appropriate, another listed authority which is a police body to consider or, as the case may be, reconsider the complaint.

(3) A reconsideration direction may (either or both)—

(a) instruct that the consideration or reconsideration of the complaint is to have regard to such further information as may have become available after the complaint was first dealt with or, as the case may be, would not have been available had the complaint been investigated by the police body subject to the reconsideration direction before it was investigated by the Ombudsman,

(b) contain a requirement (a "supervision requirement") that consideration or reconsideration of the complaint is to take place under the supervision of the Ombudsman.

(4) In deciding whether a reconsideration direction should contain a supervision requirement, the Ombudsman must have regard to—

(a) the seriousness of the case, and

(b) the public interest.

(5) Where a supervision requirement is imposed, any person considering or reconsidering the complaint must comply with any requirements related to the carrying out of that consideration or reconsideration as may be imposed by the Ombudsman.

(6) The Ombudsman may at any time issue a direction varying a reconsideration direction by inserting or, as the case may be, deleting a supervision requirement.

(7) The Scottish Ministers may by regulations make further provision as to the consideration or reconsideration by a police body of a complaint following a reconsideration direction, including provision as to—

(a) the appropriate person to be appointed to consider or reconsider the complaint,

(b) the circumstances under which information is to, or may, be disclosed to the complainer or any other person or category of person in order that such a person is kept properly informed during an ongoing consideration or reconsideration,

(c) the circumstances in which the Ombudsman may be empowered or required to direct the discontinuance of such a consideration or reconsideration,

(d) the steps to be taken on completion of such a consideration or reconsideration.

(8) Before making such regulations, the Scottish Ministers must consult the Ombudsman.

(9) Nothing in this section prevents the Ombudsman from making a report under section 16."

(5) After section 16, there is inserted—

"16A General functions of the Ombudsman in relation to police bodies

In relation to each of the police bodies listed in Part 1 of schedule 2 to the Act, the Ombudsman has the general functions of—

(a) securing that they maintain suitable arrangements for the handling of relevant complaints;

(b) keeping these arrangements under review;

(c) securing that such arrangements—

(i) are efficient and effective;

(ii) contain and manifest an appropriate degree of independence; and

(iii) are adhered to.

(d) making such recommendations, and giving such advice, for the modification of—

(i) the arrangements maintained for that matter; and

(ii) the practice of such relevant bodies in relation to other matters,

as appear from the carrying out of the Ombudsman’s other functions, to be necessary or desirable."

(6) After section 18, there is inserted—

"18A Investigations concerning police: non-disclosure of information

(1) This section applies where the Ombudsman—

(a) is investigating a matter arising from action taken by or on behalf of a listed authority which is one of the police bodies listed in Part 1 of schedule 3, or

(b) is making a report on such a matter under section 15 or 16.

(2) Where this section applies, the Ombudsman must take all reasonable steps to avoid the disclosure of such information, or types of information, as the Scottish Ministers may specify in regulations.

(3) But regulations under subsection (1) may specify information, or types of information, only to the extent that the Scottish Ministers consider it necessary for the purposes of preventing—

(a) the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings or prospective criminal proceedings,

(b) the disclosure of information in any circumstances where its non-disclosure would be—

(i) in the interests of national security,

(ii) for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders,

(iii) justified on proportionality grounds; or

(iv) otherwise necessary in the public interest.

(4) The non-disclosure of information is justified on proportionality grounds only if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its non-disclosure."

(7) In Part 1 of schedule 2 (listed authorities)—

(a) the entry numbered 14 is repealed.

(b) after the entry numbered 17, there is inserted—

"The police

17A The Scottish Police Services Authority.

17B Any police authority or joint police board constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967 (c.77).

17C Any police force."

(8) In schedule 4—

(a) in paragraph 1, at beginning, there is inserted "Other than in relation to an investigation into a matter arising from action taken by or on behalf of a listed authority which is one of the police bodies listed in Part 1 of schedule 2,"

(b) after paragraph 1, there is inserted—

"1A Action taken by or on behalf of a listed body which is a police body listed in Part 1 of schedule 2 which appears to constitute a crime".>

Section 31

Jackie Baillie

140 Leave out section 31

Section 32

Hugh Henry

141 In section 32, page 16, line 30, after <complainer")> insert <; or

<(b) the appropriate authority in relation to the complaint,>

Hugh Henry

142 In section 32, page 16, line 31, at end insert—

<( ) The Commissioner may carry out a complaint handling review under subsection (1)(b) only if satisfied that the appropriate authority in relation to the complaint has taken reasonable steps to deal with the complaint.>

Jackie Baillie

143 Leave out section 32

Section 33

Jackie Baillie

144 Leave out section 33

Section 34

Jackie Baillie

145 Leave out section 34

Section 35

Jackie Baillie

146 Leave out section 35

Section 36

Jackie Baillie

147 Leave out section 36

Section 37

Jackie Baillie

148 Leave out section 37

Section 38

Jackie Baillie

149 Leave out section 38

Section 38A

Jackie Baillie

150 Leave out section 38A

Section 39

Jackie Baillie

151 Leave out section 39

Section 40

Jackie Baillie

152 Leave out section 40

Section 41

Jackie Baillie

153 Leave out section 41

Section 42

Jackie Baillie

154 Leave out section 42

After section 42

Hugh Henry

155 After section 42 insert—

<Disclosure of information by and to the Commissioner

(1) Information obtained by the Commissioner in connection with any of the Commissioner’s functions may be disclosed by the Commissioner to any public body or office-holder (in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom)—

(a) for any purpose connected with the carrying out of any of the Commissioner’s functions; or

(b) for the purpose of enabling or assisting the public body or office-holder to carry out any function.

(2) Information disclosed by the Commissioner under this section to any body or office-holder must not be further disclosed except—

(a) for a purpose connected with any function of that body or office-holder; and

(b) with the consent of the Commissioner.

(3) Consent under subsection (2) may be given—

(a) in relation to a particular disclosure; or

(b) in relation to disclosures made in circumstances specified or described in the consent.

(4) Any person may disclose information to the Commissioner if the disclosure is made for the purposes of the carrying out of any of the Commissioner’s functions.

(5) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure; or

(b) any other restriction on the disclosure of information (however imposed).>

Section 43

Jackie Baillie

156 Leave out section 43

Section 46

Hugh Henry

157 In section 46, page 25, line 2, leave out <After section 38A of the 1967 Act> and insert—

<( ) The 1967 Act is modified as follows.

( ) In section 38A (constables engaged on service outside their force)—

(a) in subsection (3), for "(7)" there is substituted "(8)"; and

(b) after subsection (7) there is inserted—

"(8) A constable of a police force engaged on relevant service within paragraph (aa), (ab), (b), (bb), (bc), (bd), (bf) or (bh) of subsection (1) of this section shall be treated for the purposes of sections 59 and 60 of the Police Act 1996 (c.16) as if he were a member of that force.".

( ) After section 38A>

Section 48

Colin Fox

158 In section 48, page 26, line 33, leave out <contributed to any> and insert <has been convicted of an offence involving>

After section 69

Mr Charlie Gordon

159 After section 69 insert—

<Having article with blade or point: custodial sentence

After section 49B of the Criminal Law (Consolidation) Act 1995 (c.39) there is inserted—

"49C Having article with blade or point: custodial sentence

(1) This section applies where—

(a) an individual is convicted of an offence under section 49(1) or 49A(1) of this Act;

(b) the offence was committed after the commencement of this section and at a time when the offender was aged 16 or over.

(2) The court shall impose an appropriate custodial sentence (or order for detention) with or without a fine, unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.">

Colin Fox

160 After section 69 insert—

<Offences involving knives etc: probation orders

(1) Section 228 (probation orders) of the Criminal Procedure (Scotland) Act 1995 (c.46) is amended in accordance with subsections (2) and (3).

(2) In subsection (1), for "subsection" there is substituted "subsections (1A) and ".

(3) After subsection (1) there is inserted—

"(1A) Where an accused is convicted of an offence involving possession or use of a knife, blade, or object with a sharpened point, the court shall, in particular—

(a) have regard to whether the accused is likely to benefit from a probation order including a period of counselling intended to address the accused’s offending behaviour; and

(b) if it is so satisfied, make an order, imposing such requirements under section 229(1) as the court considers necessary to secure the provision of such counselling.">

Section 72A

Hugh Henry

161 In section 72A, page 43, line 7, leave out from <an> to end of line 8 and insert <any offence>

Hugh Henry

162 In section 72A, page 43, line 20, leave out <that he is exercising that power> and insert <of that fact>

Section 72C

Hugh Henry

163 In section 72C, page 45, line 31, leave out from beginning to <transfer),> and insert—

<(1) Section 96 of the 2003 Act (information about release or transfer) is amended in accordance with subsections (2) and (3).

(2)>

Hugh Henry

164 In section 72C, page 45, line 38, at end insert—

<(3) After subsection (3) there is inserted—

"(4) The regulations may make different provision for different purposes.">

Section 74

Colin Fox

165 Leave out section 74

Section 84

Hugh Henry

166 In section 84, page 59, line 14, at end insert—

<( ) In the application of this section in relation to a sentence consisting of a fine—

(a) an offender is to be taken as still serving the sentence if the fine has not been paid in full; and

(b) references to part of a sentence having been served are to be read as references to the fine having been partly paid.>

Section 87

Hugh Henry

167 In section 87, page 60, line 35, at end insert—

<( ) Subsection (3) does not prevent disclosure by the court or the clerk of court to the High Court or the Clerk of Justiciary in connection with proceedings to which section 87A applies.>

Section 87A

Hugh Henry

168 Leave out section 87A and insert—

<Appeals etc.: undisclosed information

(1) This section applies to any proceedings in the High Court in relation to—

(a) an appeal under section 106(1), 108, 108A or 175(2) to (4) of the 1995 Act;

(b) an appeal by way of bill of suspension or advocation;

(c) a reference by the Lord Advocate under section 123 of that Act;

(d) a reference by the Scottish Criminal Cases Review Commission under section 194B of that Act; or

(e) a petition to the nobile officium.

(2) In subsection (1) the reference to proceedings in the High Court includes consideration by a judge of the High Court whether to grant leave to appeal under section 107, 180 or 187 of the 1995 Act.

(3) If, under subsection (2) of section 87, the lower court in passing sentence on the offender took into account information contained in a report mentioned in that subsection, the High Court and the Clerk of Justiciary—

(a) must not disclose the information or the existence of the report to any person other than the prosecutor, the offender and, with the offender’s agreement, the offender’s counsel or solicitor; and

(b) must not disclose to any person whether the sentence passed by the lower court is less than it would have passed but for the assistance given by the offender.

(4) If, in a case not falling within subsection (3), the High Court or the Clerk of Justiciary becomes aware of information contained in a report mentioned in subsection (2) of section 87 or that a court in passing sentence has, under that subsection, taken that information into account, the High Court or the Clerk of Justiciary must not disclose to any person the information, the existence of the report or whether the sentence passed by the lower court on the person to whom the report relates is less than the sentence it would have passed but for the assistance given by that person.

(5) Sections 107(10), 113(2), 179(8), 180(10), 186(4)(b), 187(9) and 298(2) of the 1995 Act do not apply in a case falling within subsection (3) or (4) to the extent that they require a disclosure which, if made by the High Court or the Clerk of Justiciary, would contravene the subsection in question.

(6) Subsection (5) does not, however, operate so as to prevent any disclosure to the Crown Agent or the Scottish Criminal Cases Review Commission; but subsection (3) or, as the case may be, subsection (4) applies to the Crown Agent and the Commission in relation to any such disclosure as it applies to the High Court and the Clerk of Justiciary in relation to a case falling within that subsection (but not so as to prevent disclosure by the Crown Agent or the Commission to the High Court).

(7) Subsections (2) to (5) of section 85 apply to proceedings referred to in subsection (1) of this section as they apply to proceedings referred to in subsection (1) of that section.

(8) The Scottish Ministers may, by order, make further provision for the purpose of giving full effect to the preceding provisions of this section, including provision modifying the 1995 Act.>

Schedule 1

Hugh Henry

169 In schedule 1, page 71, line 8, at end insert—

<( ) Sub-paragraph (4)(b) does not apply if—

(a) the Scottish Ministers request the persons referred to in sub-paragraph (5A) or (5B) to nominate persons for appointment as a police force member or a police authority member of the Authority; and

(b) the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.>

Hugh Henry

170 In schedule 1, page 74, line 32, leave out <sub-paragraph (4)(b)> and insert <sub-paragraphs (4)(b) and (4B)(a)>

Hugh Henry

171 In schedule 1, page 74, line 35, at end insert—

<(2A) The Authority may make arrangements for persons falling within sub-paragraph (2B) to be seconded to the Authority to serve as members of its staff.

(2B) A person falls within this sub-paragraph if the person is a member of—

(a) a police force maintained under section 2 of the Police Act 1996 (c.16);

(b) the metropolitan police force or of the City of London police force;

(c) the Police Service of Northern Ireland;

(d) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Minister of Defence Police Act 1987 (c.4);

(e) the British Transport Police;

(f) the Civil Nuclear Constabulary;

(g) the States of Jersey Police Force;

(h) the salaried police force of the Island of Guernsey;

(i) the Isle of Man Constabulary; or

(j) the Serious Organised Crime Agency.>

Hugh Henry

172 In schedule 1, page 75, line 4, after <is> insert <, subject to sub-paragraph (5),>

Hugh Henry

173 In schedule 1, page 75, line 6, at end insert—

<(4A) Sub-paragraph (4B) applies if—

(a) a person is seconded to the Authority under sub-paragraph (2A); and

(b) the Authority does not appoint the person to be a police member of the Agency in accordance with paragraph 6 of schedule 2.

(4B) The person—

(a) is, subject to sub-paragraph (5), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and

(b) is under the direction and control of the Authority.

(4C) A determination under sub-paragraph (4)(b) or (4B)(a) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 21 of this Act.>

Hugh Henry

174 In schedule 1, page 75, line 9, leave out from <seconded> to end of line 11 and insert <—

( ) constables seconded to the Authority under sub-paragraph (2); or

( ) persons seconded to the Authority under sub-paragraph (2A),

who are>

Hugh Henry

175 In schedule 1, page 75, line 13, at end insert—

<( ) Before making an order under sub-paragraph (5) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c.16), the Scottish Ministers must—

(a) submit a draft to the Police Advisory Board for Scotland; and

(b) consider any representations made by the Board as to the draft.>

Hugh Henry

176 In schedule 1, page 75, line 15, at beginning insert <Subject to section 21, paragraph 11(5) of this schedule and paragraph 8(1) of schedule 2,>

Hugh Henry

177 In schedule 1, page 75, line 16, at end insert—

<(1A) A determination under sub-paragraph (1) as respects persons within sub-paragraph (1B) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 21 of this Act.

(1B) Those persons are—

(a) constables seconded to the Authority under paragraph 11(2); and

(b) persons seconded to the Authority under paragraph 11(2A),

who are not appointed to be police members of the Agency in accordance with paragraph 6 of schedule 2.

(1C) A determination under sub-paragraph (1) as respects police members of the Agency may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.>

Schedule 2

Hugh Henry

178 In schedule 2, page 78, leave out line 9 and insert—

<(1) The first Deputy Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Deputy Director of the old Agency.

(1A) The first Deputy Director General holds office as Deputy Director General until the term of appointment as Deputy Director of the old Agency would have ended.

(1B) Each subsequent Deputy Director General—>

Hugh Henry

65 [Withdrawn]

Hugh Henry

179 In schedule 2, page 78, line 24, at end insert—

<( ) In sub-paragraphs (1) and (1A), "the old Agency" has the meaning given by paragraph 1(1).>

Hugh Henry

180 In schedule 2, page 79, line 12, after <is> insert <, subject to paragraph 8(1),>

Hugh Henry

181 In schedule 2, page 79, line 35, at beginning insert <Subject to paragraph 8(1),>

Hugh Henry

182 In schedule 2, page 80, line 14, at end insert—

<( ) Sub-paragraph (2) does not apply to anything authorised or required to be done by the Director General under—

(a) Part 3 of the Police Act 1997 (c.50) (authorisation of action in respect of property); or

(b) the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11).>

Hugh Henry

183 In schedule 2, page 80, line 19, after <1;> insert—

<(aa) the person is a person who is seconded to the Authority under paragraph 11(2A) of schedule 1;>

Hugh Henry

184 In schedule 2, page 80, line 27, at end insert—

<(3A) A police member of the Agency appointed by virtue of paragraph (2)(aa)—

(a) does not, by virtue of the appointment, cease to be a member of staff of the Authority;

(b) is, on appointment, appointed to the office of constable of the Agency; and

(c) must on appointment make before a sheriff or a justice of the peace a declaration in such terms as the Scottish Ministers may determine concerning the proper discharge of the duties of that office.>

Hugh Henry

185 In schedule 2, page 80, line 36, after <sub-paragraph> insert <(3A)(c) or>

Hugh Henry

186 In schedule 2, page 80, line 39, at beginning insert <Subject to section 21 and paragraph 8(1) of this schedule,>

Hugh Henry

187 In schedule 2, page 80, line 40, at end insert—

<( ) A determination under sub-paragraph (6) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act.>

Hugh Henry

188 In schedule 2, page 81, line 21, at end insert—

<( ) Before making an order under sub-paragraph (1) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c.16), the Scottish Ministers must—

(a) submit a draft to the Police Advisory Board for Scotland; and

(b) consider any representations made by the Board as to the draft.>

Schedule 3

Hugh Henry

189 In schedule 3, page 83, leave out lines 5 to 9 and insert—

<( ) Before making a scheme by virtue of paragraph 2(3), the police authority or joint police board concerned must consult the Authority.

( ) Before making a scheme by virtue of paragraph 2(3A), the police authority or joint police board concerned must consult—

(a) the Authority; and

(b) if the scheme includes provision for or in connection with the transfer of constables to relevant service within the meaning of section 38A(1)(be) of the 1967 Act, the Director General of the Agency.>

Hugh Henry

104 [Withdrawn]

Hugh Henry

190 In schedule 3, page 84, line 2, at end insert—

<Interpretation

In this Part, "local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39).>

Schedule 5

Hugh Henry

191 In schedule 5, page 91, line 30, leave out <and> and insert—

<( ) in paragraph (d), for "Royal Ulster Constabulary" there is substituted "Police Service of Northern Ireland"; and>

Hugh Henry

192 In schedule 5, page 91, line 38, at end insert <; and

( ) in subsection (7)(b), for "Royal Ulster Constabulary" there is substituted "Police Service of Northern Ireland".>

Hugh Henry

193 In schedule 5, page 92, line 19, at end insert—

<The Police Act 1996 (c.19)

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

(2) After section 60 (regulations for police federations), there is inserted—

"60A Sections 59 and 60: special provision for the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency

(1) For the purposes of sections 59 and 60, persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 6 of schedule 2 to the 2006 Act shall be treated as members of a police force in Scotland, and references in section 59 to police service shall be construed accordingly.

(2) The reference in section 59(2) to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 shall—

(a) in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations made in accordance with either of—

(i) section 21(2)(a) of the 2006 Act, and

(ii) section 26(2A) of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 8(1) of schedule 2 to the 2006 Act;

(b) in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967 (temporary service with the Scottish Police Services Authority), be construed as a reference to regulations made in accordance with section 26(2A) of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 11(5) of schedule 1 to the 2006 Act.

(3) The reference in section 60(3) to regulations under section 26 of the Police (Scotland) Act 1967 shall—

(a) in the case of police members of the Scottish Crime and Drug Enforcement Agency, be construed as a reference to regulations under either of—

(i) section 21 of the 2006 Act, and

(ii) section 26 of the Police (Scotland) Act 1967 as applied to police members of that Agency by virtue of paragraph 8(1) of schedule 2 to the 2006 Act;

(b) in the case of persons engaged on relevant service within paragraph (bd) of section 38A(1) of the Police (Scotland) Act 1967, be construed as a reference to regulations made under section 26 of the Police (Scotland) Act 1967 as applied to such persons by virtue of paragraph 11(5) of schedule 1 to the 2006 Act.

(4) For the purposes of paragraphs (c) and (d) of subsection (2) of section 60—

(a) the Scottish Police Services Authority shall be treated as a police authority, and

(b) the Director General of the Scottish Crime and Drug Enforcement Agency shall be treated as a chief officer of police,

and the reference in paragraph (d) of that subsection to police purposes shall be construed accordingly.

(5) In this section, "the 2006 Act" means the Police, Public Order and Criminal Justice (Scotland) Act 2006.".

(3) In section 61 (Police Negotiating Board for the United Kingdom), in subsection (1), after paragraph (c) there is inserted—

"(ca) the Scottish Police Services Authority,

(cb) constables seconded to that Authority under paragraph 11(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 6 of schedule 2 to that Act,

(cc) persons seconded to that Authority under paragraph 11(2A) of schedule 1 to that Act but not appointed as mentioned in paragraph (cb),

(cd) persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 6 of schedule 2 to that Act,".

(4) In section 62 (functions of the Board with respect to regulations)—

(a) in subsection (1A)—

(i) the words "regulations under section 26 or 27 of the Police (Scotland) Act 1967 (other than regulations relating to special constables)" become paragraph (a) of the subsection;

(ii) after that paragraph there is inserted—

"(b) regulations under section 21 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 or an order under paragraph 11(5) of schedule 1 to, or paragraph 8(1) of schedule 2 to, that Act,"

(iii) after "regulations", where last occurring, there is inserted "or order"; and

(b) after that subsection there is inserted—

"(1AA)Before determining the terms and conditions on which an appointment mentioned in subsection (1AB) below is made, the Scottish Police Services Authority shall—

(a) consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and

(b) take into consideration any recommendation made by the Board.

(1AB)Those appointments are—

(a) the appointment of a constable seconded as a member of the staff of the Authority under paragraph 11(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006,

(b) the appointment of a person seconded as member of staff of the Authority under paragraph 11(2A) of schedule 1 to that Act, and

(c) the appointment of a person as a police member of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 6 of schedule 2 to that Act.

(1AC)Before determining the terms and conditions on which the Director General or the Deputy Director General of the Scottish Crime and Drug Enforcement Agency is to be appointed, the Scottish Ministers shall—

(a) consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and

(b) take into consideration any recommendation made by the Board."; and

(c) in subsection (2), after "above" there is inserted ", or for the purposes of subsection (1AA) or (1AC) above,".

(5) In section 63 (Police Advisory Boards for England and Wales and for Scotland), after subsection (1) there is inserted—

"(1ZA) The Police Advisory Board for Scotland shall also advise the Scottish Ministers on general questions affecting—

(a) constables seconded to the Scottish Police Services Authority under paragraph 11(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 but not appointed to be police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 6 of schedule 2 to that Act,

(b) persons seconded to the Scottish Police Services Authority under paragraph 11(2A) of schedule 1 to that Act but not appointed as mentioned in paragraph (a); or

(c) persons appointed as police members of the Scottish Crime and Drug Enforcement Agency in accordance with paragraph 6 of schedule 2 to that Act.".>

Jackie Baillie

194 In schedule 5, page 96, leave out paragraph 4C

 
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