The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013

JurisdictionScotland
CitationSSI 2013/119
Year2013

2013 No. 119

Fire And Rescue Services

Police

The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013

Made 28th March 2013

Coming into force 1st April 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 126(1) and 127(1) of the Police and Fire Reform (Scotland) Act 20121and all other powers enabling them to do so.

In accordance with section 125(3) of that Act a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 and comes into force on 1st April 2013.

S-2 Savings in relation to the Tribunals and Inquiries Act 1992

Savings in relation to the Tribunals and Inquiries Act 1992

2. Despite their modification by this Order—

(a) paragraph 57(c) (pensions) in Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under supervision of Scottish Committee)2continues to have effect on and after 1st April 2013 as it had effect immediately before that date for the purposes of an appeal to a tribunal appointed under regulations made under section 1 of the Police Pensions Act 19763by an individual who—

(i) before 1st April 2013 was a constable of a police force maintained under the Police (Scotland) Act 19674; and

(ii) is not a constable of the Police Service; and

(b) paragraph 57A (police) in that Part of that Schedule5continues to have effect on and after 1st April 2013 as it had effect immediately before that date for the purposes of an appeal under section 30 of the Police (Scotland) Act 19676in relation to which a notice of appeal under the Police Appeals Tribunal (Scotland) Rules 19967was sent to the Registrar (within the meaning given by rule 1(1) of those Rules) before 1st April 2013.

S-3 Saving in relation to the Local Authority Accounts (Scotland) Regulations 1985

Saving in relation to the Local Authority Accounts (Scotland) Regulations 1985

3. Despite the modifications made by this Order, the Schedule to the Local Authority Accounts (Scotland) Regulations 19858continues to have effect on and after 1st April 2013 as it had effect immediately before that date for the purposes of the Remuneration Report required, by virtue of regulation 4(2) of those Regulations, to be included in the accounts for the financial year ending on 31st March 2013 of any—

(a) local authority; or

(b) joint police board constituted by virtue of section 19(2) of the Police (Scotland) Act 19679.

S-4 Consequential modifications

Consequential modifications

4. Schedules 1, 2 and 3 modify certain enactments.

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th March 2013

SCHEDULE 1

Article 4

MODIFICATIONS RELATING TO POLICE

1 Modification of Acts

PART 1

Modification of Acts

Dogs Act 1906

Dogs Act 1906

SCH-1.1

1.—(1) The Dogs Act 190610is modified as follows.

(2) In section 3 (seizure of stray dogs)11

(a)

(a) in subsection (6)—

(i) for the first “The” to the first “area” substitute “The chief constable of the Police Service of Scotland”; and

(ii) omit “in that area”; and

(b)

(b) in subsection (9)—

(i) for the first and third “police” substitute “Police Service of Scotland”;

(ii) for “out of the police fund” substitute “by the Scottish Police Authority”; and

(iii) for “account of the police fund” substitute “Scottish Police Authority”.

(3) In section 8 (application of Act to Scotland)12, for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”.

Small Landholders (Scotland) Act 1911

Small Landholders (Scotland) Act 1911

SCH-1.2

2. In section 26(3)(c) of the Small Landholders (Scotland) Act 1911 (supplementary provisions and restrictions)13, omit “, police,” and “or police burgh”.

Land Settlement (Scotland) Act 1919

Land Settlement (Scotland) Act 1919

SCH-1.3

3. In section 15 of the Land Settlement (Scotland) Act 1919 (as to land within burgh in crofting counties)14, omit “or police” and “or police burgh”.

Children and Young Persons Act 1933

Children and Young Persons Act 1933

SCH-1.4

4. In section 107(1) of the Children and Young Persons Act 1933 (interpretation)15, in the definition of “Chief officer of police” for “has” to “1967” substitute “means the chief constable of the Police Service of Scotland”.

Theatres Act 1968

Theatres Act 1968

SCH-1.5

5. In section 18(1) of the Theatres Act 1968 (interpretation)16, for the definition of “police officer” substitute—

““police officer” means a constable of the Police Service of Scotland;”.

Chronically Sick and Disabled Persons Act 1970

Chronically Sick and Disabled Persons Act 1970

SCH-1.6

6. In section 21(8A) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons)17, for the second “the” to “(c.77)” substitute “section 99(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

Local Government, Planning and Land Act 1980

Local Government, Planning and Land Act 1980

SCH-1.7

7. In section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information)18omit paragraphs (j) and (k).

Wildlife and Countryside Act 1981

Wildlife and Countryside Act 1981

SCH-1.8

8. In section 11A of the Wildlife and Countryside Act 1981 (snares: training, identification numbers, tags etc.)19

(a) in subsection (3), for the third “a” substitute “the”;

(b) in subsection (4)—

(i) at the beginning, for “A” substitute “The”; and

(ii) in paragraph (a), omit from the second “in” to “area”;

(c) omit subsection (7);

(d) in subsection (8)—

(i) in paragraph (b), for “a” substitute “the”; and

(ii) in paragraph (f), for “chief constables” substitute “the chief constable”; and

(e) in subsection (9)—

(i) for the definition of “chief constable” substitute—

““chief constable” means the chief constable of the Police Service of Scotland”; and

(ii) omit the definition of “chief constable’s police area”.

Road Traffic Regulation Act 1984

Road Traffic Regulation Act 1984

SCH-1.9

9.—(1) The Road Traffic Regulation Act 198420is modified as follows.

(2) In section 95 (appointment of traffic wardens)21, for subsection (2) substitute—

SCH-1.2

“2 Police staff appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 and employed by the Scottish Police Authority may be designated by the chief constable of the Police Service of Scotland to discharge any such functions as are mentioned in subsection (1) above.”.

(3) In sections 102(7) (charges for removal, storage and disposal of vehicles)22and 104(11) (immobilisation of vehicles illegally parked)23, after “fund” insert “or, in Scotland, to the Scottish Police Authority”.

Housing (Scotland) Act 1987

Housing (Scotland) Act 1987

SCH-1.10

10.—(1) The Housing (Scotland) Act 198724is modified as follows.

(2) In section 69A(1)(a) (power to refuse to sell houses required for police purposes)25, for the first “a” to “(c.77)” substitute “the Scottish Police Authority as landlord in relation to a house which it holds for the purposes of maintaining the Police Service of Scotland”.

(3) In section 82 (interpretation of Part III)26, in the definition of “police authority”, for the first “a” to “section 19” substitute “the Scottish Police Authority established by section 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

Housing (Scotland) Act 1988

Housing (Scotland) Act 1988

SCH-1.11

11.—(1) The Housing (Scotland) Act 198827is modified as follows.

(2) In section 43(3)(a) (removal of special regimes for tenancies of housing associations etc.)28omit sub-paragraph (vi) and the “or” immediately preceding it.

(3) In section 45(4) (transfer of existing tenancies)29omit paragraph (f) and the “or” immediately following it.

Tay Road Bridge Order Confirmation Act 1991

Tay Road Bridge Order Confirmation Act 1991

SCH-1.12

12. For section 24 of the Schedule to the Tay Road Bridge Order Confirmation Act 1991 (policing, etc. of bridge.)30substitute—

SCH-1.24

24.—(1) In consideration of the watching and policing of the bridge being undertaken by the Police Service of Scotland, the Joint Board shall pay to the Scottish Police Authority annually such sum as may be agreed between the Scottish Police Authority and the Joint Board as representing the reasonable costs incurred by the Police Service of Scotland in policing and watching the bridge.

(2) In the event of any difference arising between the Scottish Police Authority and the Joint Board in any year as to the amount of the payment to be made to the Scottish Police Authority by the Joint Board, such difference shall be referred to the decision of an arbiter appointed by the President for the time being of the Institute of Chartered Accountants of Scotland and the decision of such arbiter shall be final.”.

Road Traffic Act 1991

Road Traffic Act 1991

SCH-1.13

13. In paragraph 2(6) of Schedule 3 to the Road Traffic Act 1991 (special parking areas)31, for paragraph (a) substitute—

“(a)

“(a) the chief constable of the Police Service of Scotland;”.

Tribunals and Inquiries Act 1992

Tribunals and Inquiries Act 1992

SCH-1.14

14. In Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under supervision of Scottish Committee)32

(a) in paragraph 57(c) (pensions), for “a” to “(c.77)” substitute “the Police Service of Scotland within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8)”; and

(b) in paragraph 57A (police), for “Schedule” to “(c.77)”, substitute “schedule 3 to the Police and Fire Reform (Scotland) Act 2012 (asp 8)”.

Children (Scotland) Act 1995

Children (Scotland) Act 1995

SCH-1.15

15. In section 53(3) of the Children (Scotland) Act 1995 (provision of information to the Principal Reporter)33, for “(b)” to “1967” substitute “(d) of section 20(1) of the Police and Fire Reform...

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