Acts of the Scottish Parliament

2006 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th May 2006 and received Royal Assent on the fourth day of July said year

An Act of the Scottish Parliament to make further provision about the police; to make further provision about public order and safety; to make further provision about criminal justice; and for connected purposes.

(a) preventing and detecting serious organised crime;

(b) contributing to the reduction of such crime in other ways and to the mitigation of its consequences; and

(c) gathering, storing and analysing information relevant to-

(i) the prevention, detection, investigation or prosecution of offences; or

(ii) the reduction of crime in other ways or the mitigation of its consequences.

(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.

(a) the development, provision, procurement and delivery of training and education to-

(i) police forces; and

(ii) such other persons or organisations as the Authority thinks fit;

(b) the development, provision, procurement, maintenance, management, support and oversight, as appropriate, of-

(i) national data systems;

(ii) information technology systems and equipment; and

(iii) records;

(c) the development, provision and maintenance of a national system for the collection, identification and verification of-

(i) such physical data, samples, and other things; and

(ii) such information derived from those data, samples and other things,

as are, or may be, used to identify a person;

(d) the carrying out of any functions of the Scottish Ministers under Part V of the Police Act 1997 (c.50) (certificates of criminal records etc.) which are delegated to the Authority by virtue of section 121 of that Act;

(e) the development and maintenance of a strategy for the acquisition and use of information technology systems by police forces; and

(f) the development and provision of a national forensic science service.

(a) establish and maintain institutions and organisations in connection with the provision of the police support services;

(b) do anything which is incidental or ancillary to providing the police support services.

(a) after "Scotland" where it first occurs there is inserted-

(b) the words "a constable engaged on central service (within the meaning of section 38 of the Police (Scotland) Act 1967)" become paragraph (b) of that section; and

(c) for "any constable performing" there is substituted "that Authority's or any constable's performance of".

(a) the Authority;

(b) the Director General of the Agency;

(c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

(d) persons whom the Scottish Ministers consider represent the interests of police bodies.

(a) must keep its objectives under review; and

(b) may modify them.

(a) prepare; and

(b) submit to the Scottish Ministers,

(a) any strategic priorities determined under section 4(1);

(b) the objectives determined under section 5 for the financial year to which the plan relates;

(c) any directions such as are mentioned in section 30(1);

(d) the funding expected to be available to the Authority for the financial year to which the plan relates; and

(e) how the Authority proposes to allocate the funding.

(a) persons whom the Authority considers represent the interests of chief constables of police forces;

(b) persons whom the Authority considers represent the interests of police bodies; and

(c) such other persons as the Authority considers appropriate.

(a) approve the plan as submitted; or

(b) approve the plan subject to such modifications as they consider appropriate.

(a) publish it in such manner as the Authority considers appropriate; and

(b) send a copy of it to the persons specified in subsection (7).

(a) chief constables of police forces;

(b) police bodies; and

(c) such other persons as the Authority considers appropriate.

(a) prepare; and

(b) publish in such manner as it considers appropriate,

(a) a statement of the modified objectives; and

(b) an assessment of the extent to which those modified objectives have been implemented.

(a) constable to whom by virtue of sub-paragraph (5) of paragraph 10 of schedule 1, sub-paragraph (6) of that paragraph applies;

(b) person to whom by virtue of sub-paragraph (7) of that paragraph of that schedule, sub-paragraph (8) of that paragraph applies.

(a) particular operations being, or to be, carried out by the Agency; or

(b) the way in which such operations are being, or are to be, carried out.

(a) the purposes for which the grant, or a specified amount, or proportion, of the grant, is to be used;

(b) recovery of overpayments of grant;

(c) recovery of sums equivalent to grant used otherwise than in accordance with-

(i) subsection (2); or

(ii) terms or conditions imposed under subsection (3).

(a) providing the police support services under subsection (1) of section 3;

(b) establishing and maintaining institutions and organisations in connection with the provision of the police support services under subsection (3)(a) of that section; and

(c) doing anything which is incidental or ancillary to providing the police support services.

(a) the Authority;

(b) the Director General of the Agency;

(c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

(d) persons whom the Scottish Ministers consider represent the interests of police bodies.

(a) grants made under section 10; and

(b) any sums borrowed by the Authority by virtue of paragraph 15 of schedule 1,

(a) a Director General appointed in accordance with paragraph 1 of schedule 2;

(b) a Deputy Director General appointed in accordance with paragraph 2 of that schedule;

(c) police members appointed in accordance with paragraph 7 of that schedule; and

(d) support staff members appointed in accordance with paragraph 8 of that schedule.

(a) the Authority;

(b) the Director General of the Agency;

(c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

(d) persons whom the Scottish Ministers consider represent the interests of police bodies.

(a) prepare; and

(b) submit to the Authority,

(a) any strategic priorities determined under section 13(1);

(b) any directions such as are mentioned in section 30(2);

(c) the funding expected to be available to the Agency for the financial year to which the plan relates; and

(d) how the Director General proposes to allocate the funding.

(a) approve the plan as submitted; or

(b) approve the plan subject to such modifications as the Authority considers appropriate.

(a) publish it in such manner as the Director General considers appropriate; and

(b) send a copy of it to the persons specified in subsection (6).

(a) the Scottish Ministers;

(b) chief constables of police forces;

(c) police bodies; and

(d) such other persons as the Director General considers appropriate.

(a) prepare; and

(b) publish in such manner as the Director General considers appropriate,

(a) at the request of the chief constable of a police force, act in support of any activities of that force;

(b) at the request of any of the bodies mentioned in section 17(b) to (q), act in support of any activities of the body;

(c) enter into other arrangements for co-operating with persons (in the United Kingdom or elsewhere) whom it considers appropriate in connection with the carrying out of any of the functions conferred on the Agency by section 2(2).

(a) confer additional powers on the Agency;

(b) remove powers from the Agency;

(c) amend powers of the Agency.

(a) the Authority;

(b) the Director General of the Agency;

(c) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

(d) persons whom the Scottish Ministers consider represent the interests of police bodies.

(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 17 (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.

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

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

(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.

(a) in relation to a particular disclosure; or

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

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

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

(a) the Deputy Director General of the Agency of the Deputy Director General's functions; and

(b) a police member of the Agency of the member's functions,

(a) in relation to the investigation of offences, any instructions given to the Director General by the Lord Advocate or the procurator fiscal; and

(b) in relation to the reporting, for consideration of the question of prosecution, of alleged offences, any instructions given to the Director General by the Lord Advocate.

(a) any damages or expenses awarded against the Director General of the Agency in any proceedings brought against the Director General by virtue of this section and any expenses incurred by the Director General in any proceedings so brought so far as not recovered by the Director General in those proceedings;

(b) any sum required in order to enable the Director General of the Agency to settle any claim made against the Director General by virtue of this section, if the settlement is approved by the Authority.

(a) any damages or expenses awarded against a police member in proceedings arising from any wrongful act or omission on the part of the member;

(b) any expenses incurred and not recovered by such a member in such proceedings; and

(c) any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

(a) the qualifications for appointment by virtue of paragraph 7(2)(c) of schedule 2 of police members of the Agency;

(b) periods of service on probation for police members appointed by virtue of that paragraph;

(c) the police ranks to be held by police members;

(d) the promotion of police members;

(e) voluntary retirement of police members;

(f) the efficiency and effectiveness of police members;

(g) the conduct and discipline of police members;

(h) the suspension of police members from membership of the Agency and from the office of constable;

(i) the duties which are or are not to be performed by police members;

(j) the treatment as occasions of police duty of attendance at meetings of Police Federations and any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 (c.16);

(k) the hours of duty, leave, pay and allowances of police members;

(l) the maintenance of personal records of police members;

(m) the issue, use and return of-

(i) personal equipment; and

(ii) police clothing.

(a) authorise or require provision to be made by, or confer discretionary powers on, the Scottish Ministers, the Authority, the Director General of the Agency or other persons; or

(b) authorise or require the delegation by any person of functions conferred on the person by virtue of the regulations.

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

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

(a) the Authority;

(b) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces;

(c) persons whom the Scottish Ministers consider represent the interests of police bodies; and

(d) such other persons as the Scottish Ministers consider appropriate.

(a) police forces; or

(b) such of them as are specified in the regulations,

(a) any of the Authority's functions or activities for the purpose of ascertaining the efficiency and effectiveness of the Authority in carrying out those functions or, as the case may be, activities;

(b) any of the Authority's services for the purpose of ascertaining the efficiency and effectiveness of the Authority in providing, or securing the provision of, those services.

(a) that, in the opinion of the person making the report, the whole or any part of the Authority or any of the police support services which it provides is (whether generally or in particular respects) not efficient or effective; or

(b) that, in that person's opinion, the whole or any part of the Authority or any of the police support services which it provides will cease to be efficient or effective (whether generally or in particular respects) unless remedial measures are taken.

(a) references in this section to an action plan include references to revisions of the existing plan; and

(b) the other provisions of this section have effect accordingly.

(a) consider whether to revise the plan in the light of the matters notified to it; and

(b) if it does revise the plan, send a copy of the revised plan to the Scottish Ministers.

(a) particular operations which the Agency is carrying out (or is to carry out); or

(b) the way in which the Agency is carrying out (or is to carry out) such operations.

(a) must arrange for the direction to be published in such manner as they consider appropriate;

(b) may vary or revoke the direction.

"the Agency" means the Scottish Crime and Drug Enforcement Agency established under section 2(1);

"the Authority" means the Scottish Police Services Authority established by section 1;

"financial year" means-

(a) the period beginning with the date on which the Authority first meets and ending with 31 March next following that date; and

(b) each successive period of 12 months ending with 31 March;

"inspectors of constabulary" means persons appointed under section 33(1) of the Police (Scotland) Act 1967 ("the 1967 Act");

"joint police board" means a joint police board constituted under an amalgamation scheme made under the 1967 Act;

"police bodies" means-

(a) each police authority whose area is not combined by virtue of an amalgamation scheme under the 1967 Act with the area of any other police authority; and

(b) each joint police board;

"police support services" has the meaning given by section 3(2).

(a) by a police authority;

(b) by a joint police board;

(c) by a police force;

(d) by the Authority;

(e) by the Agency; or

(f) by a person who, at the time of the act or omission, was a person serving with the police.

(a) any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person's service with the police; or

(b) a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

(a) a member of the public who claims to be the person in relation to whom the act or omission took place;

(b) a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;

(c) a member of the public who claims to have witnessed the act or omission;

(d) a person acting on behalf of a person falling within any of paragraphs (a) to (c).

(a) is a constable of a police force;

(b) is employed or appointed by virtue of section 9 of the 1967 Act (employment otherwise than as a constable) by a police authority or a joint police board;

(c) is a member of the staff of the Authority; or

(d) is a member of the Agency,

(a) the person who made the complaint ("the complainer"); or

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

(a) inform the persons mentioned in subsection (4) about-

(i) the conclusions the Commissioner has drawn from the complaint handling review and the reasons for them;

(ii) what action (if any) the Commissioner proposes to take in consequence of those conclusions;

(b) draw up a report of the complaint handling review and the conclusions, reasons and proposed action referred to in paragraph (a) and send it to the appropriate authority in relation to the complaint.

(a) the complainer; and

(b) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.

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

(b) preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure-

(i) is in the interests of national security;

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

(iii) is justified on proportionality grounds; or

(iv) is otherwise necessary in the public interest.

(a) to the appropriate authority in relation to the complaint; or

(b) if the Commissioner thinks it more appropriate to do so, to any other person who is a relevant authority,

(a) instruct that the reconsideration of the complaint is to have regard to such further information as may have become available (whether or not as a result of the complaint handling review) after the complaint was dealt with;

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

(a) the seriousness of the case; and

(b) the public interest.

(a) the reconsidering authority; or

(b) any person previously appointed to carry out the reconsideration,

(a) the Commissioner must notify the appropriate authority in relation to the complaint and the persons mentioned in section 35(4) of that fact;

(b) the Commissioner may give the appropriate authority in relation to the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;

(c) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the complaint handling review or the fact that it is not to take place; and

(d) subject to paragraphs (b) and (c), the Commissioner is to take no further action in accordance with this Chapter in relation to the review or the complaint to which it relates.

(a) the action (if any) which is taken in respect of the matters dealt with in any report under section 40; and

(b) the outcome of any such action.

(a) the complainer;

(b) the appropriate authority in relation to the complaint (except where that authority is the reconsidering authority); and

(c) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.

(a) the Commissioner must notify the persons mentioned in section 38(3) of that fact;

(b) the Commissioner must give a copy of the order requiring the discontinuance to the reconsidering authority and the person appointed to reconsider the complaint;

(c) the Commissioner may give the reconsidering authority or the person appointed to reconsider the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;

(d) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the reconsideration; and

(e) subject to paragraphs (c) and (d), the reconsidering authority, the person appointed to reconsider the complaint and the Commissioner are to take no further action in accordance with this Chapter in relation to that complaint.

(a) submit a report on it to the Commissioner; and

(b) send a copy of the report to-

(i) the reconsidering authority; and

(ii) where different, the appropriate authority in relation to the complaint.

(a) where the complaint is in respect of an act or omission of a police authority, the authority;

(b) where the complaint is in respect of an act or omission of a joint police board, the board;

(c) where the complaint is in respect of an act or omission of a police force, the chief constable of the force;

(d) where the complaint is in respect of an act or omission of the Authority, the Authority;

(e) where the complaint is in respect of an act or omission of the Agency, the Director General of the Agency;

(f) where the complaint is in respect of an act or omission of a person at a time when the person was a constable of a police force-

(i) where the person was of a senior rank, the maintaining authority in relation to the force;

(ii) where the person was not of such rank, the chief constable of the force;

(g) where the complaint is in respect of an act or omission of a person at a time when the person was employed or appointed by virtue of section 9 of the 1967 Act by a police authority or a joint police board, the authority or board;

(h) where the complaint is in respect of an act or omission of a person at a time when the person was a member of staff of the Authority, the Authority;

(i) where the complaint is in respect of an act or omission of a person at a time when the person was the Director General of the Agency, the Authority;

(j) where the complaint is in respect of an act or omission of a person at a time when the person was the Deputy Director General, a police member or a support staff member of the Agency, the Director General of the Agency.

(a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;

(b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.

(a) securing the maintenance by the Commissioner, and by each of the relevant authorities, of suitable arrangements for the handling of relevant complaints;

(b) keeping under review all arrangements maintained for that matter;

(c) securing that arrangements maintained for that matter-

(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 relevant authorities in relation to other matters,

as appear from the carrying out of the Commissioner's other functions, to be necessary or desirable.

(a) have come to the Commissioner's notice; and

(b) are matters which the Commissioner considers should be drawn to their attention by reason of their gravity or of other exceptional circumstances.

(a) every annual report under subsection (1) received by them; and

(b) every other report under this section received by them (but only if and to the extent that the Scottish Ministers consider it appropriate to do so).

(a) send copies of every annual report under subsection (1) to all relevant authorities and to the chief inspector of constabulary appointed under section 33 of the 1967 Act;

(b) send copies of every report under subsection (4) to all relevant authorities and to the Scottish Ministers.

(a) provide the Commissioner with all such other information and documents specified or described in a notification given by the Commissioner to that person; and

(b) produce to the Commissioner all such evidence and other things so specified or described,

(a) the notification imposing the requirement; or

(b) in any subsequent notification given by the Commissioner to that person for the purposes of this subsection.

(a) to relevant authorities;

(b) to persons appointed to reconsider complaints,

(a) persons whom the Commissioner considers representative of each of the office holders who and bodies which are relevant authorities; and

(b) such other persons as the Commissioner thinks fit.

(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.

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

(b) with the consent of the Commissioner.

(a) in relation to a particular disclosure; or

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

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

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

"the Agency" and "the Authority" have the meanings given by section 32;

"the Commissioner" means the Police Complaints Commissioner for Scotland established by section 33(1);

"financial year" means-

(a) the period beginning with the date on which the first Commissioner is appointed and ending with 31 March next following that date; and

(b) each successive period of 12 months ending with 31 March;

"joint police board" means a joint police board constituted under an amalgamation scheme made under the 1967 Act;

the "relevant authorities" are-

(a) each chief constable;

(b) each police authority whose area is not combined by virtue of an amalgamation scheme under the 1967 Act with the area of any other police authority;

(c) each joint police board;

(d) the Authority; and

(e) the Director General of the Agency.

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

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

(a) a person is convicted of an offence; and

(b) the person was aged 16 or over at the time the offence was committed.

(a) that the offence was one to which subsection (4) applies; and

(b) that there are reasonable grounds to believe that making the football banning order would help to prevent violence or disorder at or in connection with any football matches.

(a) the offence involved the person who committed it engaging in violence or disorder; and

(b) the offence related to a football match.

(a) at a football match or while the person committing it is entering or leaving (or trying to enter or leave) the ground;

(b) on a journey to or from a football match; or

(c) otherwise, where it appears to the court from all the circumstances that the offence is motivated (wholly or partly) by a football match.

(a) a person may be regarded as having been on a journey to or from a football match whether or not the person attended or intended to attend the match; and

(b) a person's journey includes breaks (including overnight breaks).

(a) who resides in the area of the police force; or

(b) who the chief constable believes is in or intends to come to the area of the police force.

(a) in whose sheriffdom the person against whom the order is sought resides;

(b) in whose sheriffdom that person is believed by the applicant to be; or

(c) to whose sheriffdom that person is believed by the applicant to be intending to come.

(a) the person against whom the order is sought has at any time contributed to any violence or disorder in the United Kingdom or elsewhere; and

(b) there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with any football matches.

(a) any decision of a court or tribunal outside the United Kingdom in respect of the person;

(b) the person's deportation or exclusion from a country or territory outside the United Kingdom;

(c) the person's removal or exclusion from premises used for playing football matches, whether in the United Kingdom or elsewhere;

(d) the person's conduct recorded on video or by any other means.

"the relevant period" means the period of 10 years ending with the day on which the application for the order was made; and

"circumstances ancillary to a conviction" has the same meaning as it has for the purposes of section 4 of the Rehabilitation of Offenders Act 1974 (c.53).

(a) prohibits the person against whom it is made from entering any premises for the purposes of attending any regulated football matches in the United Kingdom; and

(b) requires the person against whom it is made to report at a police station in accordance with this Chapter, in connection with regulated football matches outside the United Kingdom.

(a) to report initially at a police station in Scotland specified in the order within 5 days beginning with the day on which the order is made; and

(b) where a relevant event occurs, to notify the football banning orders authority of the prescribed information in relation to the event within 7 days beginning with the day on which the event occurs.

(a) 10 years, in the case of an order made under section 51 made in addition to a sentence of imprisonment;

(b) 5 years, in the case of an order made under section 51 other than one mentioned in paragraph (a);

(c) 3 years, in the case of an order made under section 52.

(a) are to association football matches; and

(b) are to matches played or intended to be played.

(a) football matches within subsection (3); and

(b) such other football matches, anywhere in the world, as may be prescribed by order made by the Scottish Ministers.

(a) football matches anywhere in the United Kingdom where one or both of the participating teams-

(i) represents a country or territory;

(ii) represents a club which is for the time being a member of the Scottish Premier League or the Scottish Football League;

(iii) represents a club which is for the time being a member (whether a full or associate member) of the Football League, the Football Association Premier League, the Football Conference or the League of Wales;

(b) football matches outside the United Kingdom involving-

(i) a national team appointed to represent Scotland, England or Wales by, respectively, the Scottish Football Association, the Football Association or the Football Association of Wales;

(ii) a team representing a club mentioned in paragraph (a)(ii) or (iii).

(a) add a description of football matches, anywhere in the world;

(b) remove such a description;

(c) amend such a description.

(a) threatening violence; and

(b) doing anything which endangers the life of a person.

(a) stirring up hatred against a group of persons based on their membership (or presumed membership) of a group defined by reference to a thing mentioned in subsection (5), or against an individual as a member of such a group;

(b) using threatening, abusive or insulting words or behaviour or disorderly behaviour;

(c) displaying any writing or other thing which is threatening, abusive or insulting.

(a) colour;

(b) race;

(c) nationality (including citizenship);

(d) ethnic or national origins;

(e) membership of a religious group or of a social or cultural group with a perceived religious affiliation;

(f) sexual orientation;

(g) transgender identity;

(h) disability.

"disability" means physical or mental impairment of any kind;

"religious group" has the meaning given by section 74(7) of the Criminal Justice (Scotland) Act 2003 (asp 7);

"transgender identity" means any of the following-

(a) transvestism;

(b) transsexualism;

(c) intersexuality;

(d) having, by virtue of the Gender Recognition Act 2004 (c.7), changed gender.

(a) subject to subsection (2), omitting or imposing a requirement such as is mentioned in section 53(3);

(b) imposing, replacing or omitting a requirement such as is mentioned in section 53(4).

(a) the person subject to the order;

(b) the chief constable of the police force in the area of which the person subject to the order resides;

(c) a chief constable who believes that that person is in or is intending to come to the area of the chief constable's police force;

(d) where the order was made under section 52, the chief constable on whose application the order was made.

(a) where the football banning order was made under section 51, the court which made the order;

(b) where the football banning order was made under section 52, an appropriate sheriff.

(a) a sheriff sitting in the original sheriff court district; or

(b) where such a sheriff remits the application to another sheriff court district, a sheriff sitting in that other district.

(a) the character of the person against whom the order was made;

(b) the conduct of the person against whom the order was made since it was made;

(c) the nature of the offence or conduct which led to it; and

(d) any other circumstances which appear to the court to be relevant.

(a) served on the person against whom the order is made;

(b) sent to the football banning orders authority and to any person prescribed by order by the Scottish Ministers as soon as is reasonably practicable;

(c) sent to the police station at which the person against whom the order is made is to report initially (addressed to the constable responsible for the police station) as soon as is reasonably practicable; and

(d) in a case where the person against whom the order is made is detained in legal custody, sent to the person in whose custody that person is detained as soon as is reasonably practicable.

(a) served on the person against whom the football banning order was made;

(b) sent to the football banning orders authority as soon as is reasonably practicable; and

(c) in a case where the person against whom the order was made is detained in legal custody, sent to the person in whose custody that person is detained as soon as is reasonably practicable.

(a) a football banning order made under section 51;

(b) a declaration made under section 51;

(c) any variation of such an order under section 57;

(d) the termination of such an order under section 58.

(a) a decision to make a football banning order under section 52;

(b) a decision to make an order under section 57 varying such a football banning order;

(c) a decision to make an order under section 58 terminating such a football banning order;

(d) a decision not to make an order such as is mentioned in paragraph (a), (b) or (c).

(a) to report at a specified police station at the time, or between the times, specified; and

(b) if the order imposes a requirement as to the surrender of the person's passport, to attend at a specified police station at the time, or between the times, specified and-

(i) if the person has a passport, to surrender it; or

(ii) if the person does not have a passport, to make a declaration to that effect.

(a) a regulated football match outside the United Kingdom; or

(b) a designated external tournament which includes such matches.

"control period" in relation to a regulated football match outside the United Kingdom means the period-

(a) beginning 5 days before the day of the match; and

(b) ending when the match is finished or cancelled;

"control period" in relation to a designated external tournament means the period-

(a) beginning 5 days before the day of the first football match outside the United Kingdom which is included in the tournament;

(b) ending when the last football match outside the United Kingdom which is included in the tournament is finished or cancelled;

(but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account);

"designated" means designated by the Scottish Ministers by order; and

"external tournament" means a football competition which includes regulated football matches outside the United Kingdom.

(a) the carrying out of those functions; and

(b) matters arising in connection with the carrying out of those functions.

(a) as respects a particular regulated football match; or

(b) as respects regulated football matches played during a period,

(a) that there are circumstances which justify the making of the order; and

(b) that, because of those circumstances, the applicant would not attend the match or matches.

(a) in the case of an appeal against a refusal by the football banning orders authority, that authority;

(b) in the case of an appeal against a refusal by a constable, the constable and the football banning orders authority.

(a) the requirement under the order to report initially at a police station; and

(b) any requirements imposed on the subject in a notice under section 61(4).

(a) the subject is released from custody more than 5 days before the expiry of the period for which the order has effect; and

(b) the subject was precluded by being in custody from reporting initially.

(a) given to the person; or

(b) sent to the person by registered post or a recorded delivery service.

(a) by a football banning order;

(b) under section 61(1); or

(c) by a notice under section 61(4),

(a) imprisonment for a term not exceeding 6 months;

(b) a fine not exceeding level 5 on the standard scale; or

(c) both such imprisonment and such a fine.

(a) knowingly or recklessly makes a statement which is false or misleading in a material particular; or

(b) knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular,

"the football banning orders authority" means the chief constable of the police force maintained for the Strathclyde combined police area; and

"passport" means a United Kingdom passport within the meaning of the Immigration Act 1971 (c.77).

(a) in paragraph (a), for "7" there is substituted "28";

(b) in paragraph (b), for "7" there is substituted "28".

(a) for "vary" there is substituted "quash";

(b) after "appeal" there is inserted ", vary it"; and

(c) after "make" there is inserted "in substitution for the order".

(a) in subsection (1), in paragraph (a)-

(i) for "without" there is substituted "not"; and

(ii) sub-paragraph (ii) and the word "and" immediately preceding it are repealed;

(b) in subsection (2), paragraph (a)(ii) and the word "and" immediately preceding it are repealed;

(c) for subsection (3), there is substituted-

(a) after "believe" where first occurring there is inserted "to have committed or"; and

(b) the words from "if" to the end are repealed.

(a) paragraph (a) and the words "and the constable" immediately preceding it; and

(b) paragraph (b).

(a) at the beginning there is inserted "Subject to subsection (3A) below"; and

(b) for "sixteen" there is substituted "eighteen".

(a) the word "and" immediately following paragraph (b) is repealed; and

(b) after that paragraph there is inserted-

(a) in subsection (1)-

(i) in paragraph (a), after "Act" there is inserted ", or under subsection (3)(a) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section"; and

(ii) in paragraph (b), after "Act" there is inserted ", or under subsection (3)(b) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section"; and

(b) in subsection (2), after "Act" there is inserted ", or under subsection (3)(c) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section".

(a) the word "or" immediately after paragraph (c) is repealed;

(b) after paragraph (d) there is inserted-

(c) for "(as the case may be) the fact that he has been released" there is substituted "the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations".

(a) in subsection (9), for "his name and address" there is substituted "the information mentioned in subsection (10) below"; and

(b) after that subsection, there is inserted-

(a) for "(either or both)" there is substituted "(any or all)"; and

(b) after paragraph (a) there is inserted-

(a) after paragraph (b) there is inserted-

(b) in paragraph (d), for "either" there is substituted "any".

(a) the word "or" immediately after paragraph (a)(i) is repealed;

(b) after paragraph (a)(ii) there is inserted"; or

(a) a sample is provided or taken under section 20A of the 1995 Act by or from a person in custody in a police station; and

(b) an analysis of the sample reveals that a relevant Class A drug is present in the person's body.

(a) for the purpose of establishing whether the person is dependent on, or has a propensity to misuse, any relevant Class A drug;

(b) if the drugs assessor thinks that the person has such a dependency or propensity, for the purpose of establishing whether the person might benefit from assistance or treatment (or both) in connection with the dependency or propensity; and

(c) if the drugs assessor thinks that the person might benefit from such assistance or treatment (or both), for the purpose of drawing up a document which sets out the nature of assistance or treatment (or both) which may be most appropriate for the person in connection with any dependency on, or propensity to misuse, a relevant Class A drug which the drugs assessor thinks the person has.

(a) inform the person of the place at which the drugs assessment is to take place; and

(b) require the person, for the purpose of being given details of the date and time of the assessment, to report at that place on such date, or on one of such dates, as the constable specifies (such date or dates falling within the period of 7 days beginning with the date on which the requirement is made), at such time, or between such times, as the constable specifies;

(a) to attend and remain for the duration of the drugs assessment; or

(b) to comply with the requirement imposed under subsection (2)(b).

(a) confirms the requirement to attend and remain for the duration of a drugs assessment;

(b) confirms the information given in pursuance of subsection (2)(a);

(c) confirms the requirement imposed under subsection (2)(b); and

(d) repeats the warning given in pursuance of subsection (3).

(a) of the making of the requirement to attend and remain for the duration of the assessment; and

(b) of the requirement imposed under subsection (2)(b).

(a) informs the person of the date and time of the drugs assessment;

(b) confirms the place of the drugs assessment; and

(c) warns the person that the person is liable to prosecution if the person fails without good cause to attend and remain for the duration of the drugs assessment.

(a) informs the person of the change; and

(b) repeats the warning mentioned in subsection (2)(c).

(a) given to the person; or

(b) sent to the person by registered post or a recorded delivery service.

(a) fails to comply with the requirement imposed by virtue of section 86(2)(b);

(b) fails to attend the assessment on the specified date and at the specified time and place; or

(c) attends the assessment on the specified date and at the specified time and place but fails to remain for its duration.

(a) fails to comply with the requirement imposed by virtue of section 86(2)(b);

(b) fails to attend the assessment on the specified date and at the specified time and place; or

(c) attends the assessment on the specified date and at the specified time or place but fails to remain for its duration.

(a) imprisonment for a period not exceeding 3 months;

(b) a fine not exceeding level 4 on the standard scale; or

(c) both.

(a) the specified date, in relation to a drugs assessment, is the date specified in the notice given to the person who is required to attend the assessment in pursuance of subsection (2) of section 87 or, if a further notice specifying a different date has been given to the person in pursuance of subsection (3) of that section, the date specified in that notice;

(b) the specified time, in relation to a drugs assessment, is the time specified in the notice given to the person who is required to attend the assessment in pursuance of subsection (2) of section 87 or, if a further notice specifying a different time has been given to the person in pursuance of subsection (3) of that section, the time specified in that notice; and

(c) the specified place, in relation to a drugs assessment, is the place specified in the notice given to the person who is required to attend the assessment in pursuance of section 86(2) or, if a further notice specifying a different place has been given to the person in pursuance of section 87(3), the place specified in that notice.

(a) about the carrying out of the function; or

(b) about matters connected to the carrying out of the function.

"misuse" has the same meaning as in the Misuse of Drugs Act 1971 (c.38);

"drugs assessment" and "drugs assessor" must be construed in accordance with section 85(3);

"relevant Class A drug" has the meaning given by section 20A(8) of the 1995 Act;

"suitably qualified person" means a person who has such qualifications or experience as are prescribed by regulations made by the Scottish Ministers.

(a) is, following a plea of guilty, convicted on indictment of an offence; and

(b) has, pursuant to a written agreement made with a prosecutor (an "assistance agreement"), assisted or offered to assist the prosecutor of that or any other offence in relation to its investigation or prosecution.

(a) that it has, for that reason, passed that lesser sentence; and

(b) what the greater sentence would have been.

(a) requires that a minimum sentence is passed in respect of any offence or an offence of any description or because of the circumstances of any offender (whether or not the enactment also permits the court to pass a lesser sentence in particular circumstances); or

(b) in the case of a sentence which is fixed by law, requires the court to take into account certain matters for the purposes of making an order which determines or has the effect of determining the minimum period of imprisonment which the offender must serve (whether or not the enactment also permits the court to fix a lesser period in particular circumstances),

(a) the sentence;

(b) in the case of a life sentence for murder or for any other offence for which that sentence is the sentence fixed by law, the punishment part (construed in accordance with section 2 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)); and

(c) in the case of any other sentence which is fixed by law, any minimum period of imprisonment which an offender must serve.

(a) the reference, in subsection (1), to a written agreement includes a reference to an agreement made by, or partly by, electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act 2000 (c.7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the sender and the recipient;

(b) the reference, in subsection (5), to written notice includes a reference to a notice given by such a communication;

(c) a reference to a sentence-

(i) includes, in the case of a sentence of a kind referred to in paragraph (b) or (c) of subsection (8), a reference to the punishment part (construed as mentioned in that subsection) or, as the case may be, the minimum period an offender is required to serve (and a reference to a lesser sentence is to be construed accordingly);

(ii) includes a reference to a community disposal and a fine;

(iii) does not include an order for committal in default of payment of any sum of money or for contempt of court;

(d) the reference, in subsection (7)(b), to imprisonment includes a reference to detention imposed under section 205(2), and detention in a young offenders institution imposed under section 205(3), 205A(2)(b) or 207 of the 1995 Act;

(e) the reference, in subsection (8)(c), to imprisonment includes a reference to detention in a young offenders institution imposed under section 207 of the 1995 Act.

(a) a court has passed sentence on a person convicted on indictment of an offence (the "offender"); and

(b) the offender falls within subsection (2).

(a) receives a discounted sentence in consequence of having offered, in pursuance of an assistance agreement, to give assistance to the prosecutor of any offence in relation to its investigation or prosecution but knowingly fails to any extent to give assistance in accordance with the agreement;

(b) receives a discounted sentence in consequence of having offered, in pursuance of an assistance agreement, to give assistance to the prosecutor of an offence in relation to its investigation or prosecution and, having given such assistance in accordance with the agreement, in pursuance of another assistance agreement, gives or offers to give further assistance; or

(c) receives a sentence which is not discounted in consequence of the considerations referred to in paragraphs (a) and (b) but, in pursuance of an assistance agreement, subsequently gives or offers to give assistance to the prosecutor of an offence in relation to its investigation or prosecution.

(a) the offender is still serving the sentence; and

(b) the prosecutor thinks that it is in the interests of justice to do so.

(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.

(a) proceedings relating to a referral made under section 92(4); and

(b) any other proceedings arising in consequence of those proceedings.

(a) to exclude from the proceedings any person-

(i) who does not fall within subsection (4); or

(ii) who does not, in the opinion of the court, have a sufficiently direct interest in the proceedings to justify that person's presence during them;

(b) to prohibit the publication of any matter relating to the proceedings (including the fact that the referral has been made).

(a) that it is necessary to protect the safety of any person; and

(b) that it is in the interests of justice.

(a) the judge;

(b) an officer of the court;

(c) the prosecutor;

(d) the other party to the proceedings;

(e) counsel or a solicitor for the other party.

(a) to exclude any person from proceedings; or

(b) to prohibit or restrict the publication of any matter to which the proceedings relate;

(a) apply, with modifications, provisions of Part VIII of the 1995 Act (appeals from solemn proceedings);

(b) modify that Part of that Act.

(a) any period in custody served under a sentence for which another sentence is substituted under section 92(7), (9) or (11);

(b) any period during which a person was on release on licence or unconditionally under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) in respect of such a sentence before the date on which the person would (but for the release) have served the sentence in full,

(a) has been convicted and is to be sentenced for an offence; and

(b) has, otherwise than in pursuance of an assistance agreement, assisted in relation to the investigation or prosecution of any other offence.

(a) only to the offender and the court; or

(b) only to the offender, the offender's counsel or solicitor and the court,

(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.

(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.

(a) the offence; or

(b) any offence of a description,

(a) must specify the conditions to which its application is subject; and

(b) may specify the circumstances to which it applies or the circumstances to which it does not apply,

(a) a person accused of an offence is given a conditional immunity notice relating to the offence after the person's first appearance on petition in respect of the offence; and

(b) a cessation notice is given to the person in respect of the conditional immunity notice,

(a) a person who may have committed an offence is given a conditional immunity notice relating to the offence within any other time limit stipulated by any enactment for the commencement of proceedings in respect of the offence; and

(b) a cessation notice is given to the person in respect of the conditional immunity notice,

(a) proceedings against a person for an offence, having been timeously commenced, are discontinued under subsection (2); and

(b) a cessation notice is given to the person in respect of the conditional immunity notice,

(a) a conditional immunity notice has ceased to have effect; and

(b) proceedings are brought against the person to whom the notice was given in respect of any offence specified in the notice,

(a) it is given so as to be received personally by the person to whom it relates;

(b) it is sent-

(i) by first class recorded delivery post to the person's house or place of business; or

(ii) in the case of a person who is on bail, by first class recorded delivery post to his proper domicile of citation (within the meaning of section 25 of the 1995 Act (bail conditions)); or

(c) it is-

(i) given, so as to be received personally; or

(ii) sent by first class recorded delivery post,

to a solicitor who has, under section 72F of that Act, notified the prosecutor that the solicitor is engaged by the person and who has not, under that section, informed the prosecutor that the solicitor has been dismissed or has withdrawn,

(a) it is given so as to be received personally by the person to whom the conditional immunity notice relates; or

(b) it is sent to the person by first class recorded delivery post at the address specified in the conditional immunity notice for the purposes of the giving of a cessation notice,