The International Joint Investigation Teams (International Agreements) (EU Exit) (Scotland) Order 2019

JurisdictionScotland
CitationSSI 2019/149

2019 No. 149

Police

The International Joint Investigation Teams (International Agreements) (EU Exit) (Scotland) Order 2019

Made 25th April 2019

Laid before the Scottish Parliament 26th April 2019

Coming into force 5th June 2019

The Scottish Ministers make the following Order in exercise of the powers conferred by section 99(1) of the Police and Fire Reform (Scotland) Act 20121and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the International Joint Investigation Teams (International Agreements) (EU Exit) (Scotland) Order 2019 and comes into force on 5June 2019.

S-2 Specified international agreements

Specified international agreements

2. The following international agreements are specified for the purposes of sections 24, 90, 91 and 96 of the Police and Fire Reform (Scotland) Act 2012

(a) the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 19882,

(b) the United Nations Convention against Transnational Organised Crime 20003,

(c) the United Nations Convention against Corruption 20034.

H YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

25th April 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, the United Nations Convention against Transnational Organised Crime 2000 and the United Nations Convention against Corruption 2003 for the purposes of sections 24, 90, 91 and 96 of the Police and Fire Reform (Scotland) Act 2012 (“the 2012 Act”).

Specification under section 24 of the 2012 Act means that the chief constable is liable in respect of unlawful conduct on the part of a member of a joint investigation team convened under the relevant agreements, in carrying out (or purportedly carrying out) that person’s functions.

Specification under section 90 of the 2012 Act means that it is an offence to assault or impede a member of a joint investigation team convened under the relevant agreements and the penalties set out in that section apply.

Specification under section 91 of the 2012 Act means that it is an offence to remove a person from custody or to assist the escape of a person in custody, where that person is in the lawful custody of a member of an international joint investigation team convened under the...

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