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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 607 (C.46)

POLICE

CRIMINAL LAW

The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Commencement No. 2) Order 2006

  Made 13th December 2006 

The Scottish Ministers, in exercise of the powers conferred by section 104(1) of the Police, Public Order and Criminal Justice (Scotland) Act 2006[1], hereby make the following Order:

Citation
     1. This Order may be cited as the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Commencement No. 2) Order 2006.

Interpretation
    
2. In this Order–

Commencement of provisions
     3. The provisions of the Act which are specified in column 1 of the schedule to this Order (and the subject matter of which is described in column 2 of that schedule) shall come into force on 1st January 2007 but, where a particular purpose is specified in relation to any provision in column 3 of that schedule, that provision shall come into force on that day only for that purpose.


CATHY JAMIESON
A member of the Scottish Executive

St Andrew's House, Edinburgh
13th December 2006



SCHEDULE
Article 3

          

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 1(1) Establishment of the Scottish Police Services Authority           
Section 1(2) Establishment of the Scottish Police Services Authority Only for the purpose of bringing into force the provisions of schedule 1 to the Act specified in column 1 of this Table
Section 2(1) Duty to establish and maintain the Agency           
Section 4 Strategic priorities of the Authority           
Section 8 Provision of information to the Scottish Ministers           
Section 10 Grants           
Section 12(1)(a), (b) and (d) Members of the Agency           
Section 12(2) Members of the Agency Only for the purpose of bringing into force the provisions of schedule 2 to the Act specified in column 1 of this Table
Section 13 Strategic priorities of the Agency           
Section 16(1) General functions of the Director General of the Agency           
Section 18 Scottish Ministers' power to modify section 17           
Section 23 Regulations relating to the Agency           
Section 24 The police support services: modification by order           
Section 25 Use of the police support services           
Section 30 Directions           
Section 31 Transfer of staff, property etc           
Section 32 Interpretation of Chapter 1           
Section 33 The Police Complaints Commissioner for Scotland           
Section 34 "Relevant complaint" and "person serving with the police"           
Section 35 Examination of manner of handling of complaint Only for the purpose of enabling regulations to be made
Section 36 Duty of Commissioner not to proceed with certain complaint handling reviews Only for the purpose of enabling regulations to be made
Section 38(4) Reconsideration of a complaint: duties to keep persons informed           
Section 39 Power of Commissioner to discontinue reconsideration Only for the purpose of enabling regulations to be made
Section 41 Appropriate authority in relation to a complaint           
Section 44 Provision of information to the Commissioner Only for the purpose of enabling regulations to be made
Section 47 Interpretation of Chapter 2           
Section 83 Retention of samples etc.: prosecutions for sexual and violent offences           
Section 84 Testing of arrested persons for Class A drugs Only for the purpose of enabling an order under section 20A(3)(c) of the 1995 Act to be made
Section 85(3) Assessment following positive test under section 20A of the 1995 Act           
Section 90 Interpretation of sections 85 to 88 Only for the purpose of enabling regulations to be made to prescribe the qualifications and experience which a suitably qualified person must have.
Section 101 Modification of enactments Only for the purpose of bringing into force the provisions of schedule 6 to the Act specified in column 1 of this Table
Schedule 1, paragraphs 1 to 9, 10(1), 11(1), (5) to (8), 12, 13, 14(1) and (3), 15 and 16 The Scottish Police Services Authority           
Schedule 2, paragraphs 1 to 6, 8 and 9 Membership of the Scottish Crime and Drug Enforcement Agency           
Schedule 3 Transfers of staff and property           
Schedule 4 The Police Complaints Commissioner for Scotland           
Schedule 6, paragraphs 5(4) and (5), 7 and 12 Modifications of enactments           



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force further provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 ("the Act") (asp 10).

Article 3 and the schedule bring the following provisions of the Act into force on 1st January 2007–

Article 3 and the schedule also bring section 35 (examination of manner of handling of complaint), section 36 (duty of Commissioner not to proceed with certain complaint handling reviews), section 39 (power of Commissioner to discontinue reconsideration), section 44 (provision of information to the Commissioner), section 84 (testing of arrested persons for Class A drugs) and section 90 (interpretation of sections 85 to 88) into force on the 1st January 2007 but only for the purpose of enabling orders and regulations under those provisions to be made.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 have been brought into force by commencement order made before the date of this Order:

Provision Date of Commencement S.S.I. No.
Chapter 3 Part 1 (sections 48 to 50), chapter 1 of Part 2 (sections 51 to 69), schedule 5, Chapter 3 of Part 2 (sections 73 to 80), sections 81, 98, 101 (insofar as it relates to the specified provisions of schedule 6), schedule 6, paragraphs 1(1), (2), (4)(a), (5)(a), (5)(c), (5)(d), (8) and 2 to 4 1st September 2006 2006/432


Notes:

[1] 2006 asp 10.back

[2] 1995 c.46.back



ISBN 0 11 071429 6


 © Crown copyright 2006

Prepared 29 December 2006


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