The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments) (Scotland) Order 2006

JurisdictionScotland
CitationSSI 2006/129

2006 No. 129

POLICE

SERIOUS ORGANISED CRIME AGENCY

The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments) (Scotland) Order 2006

Made 8th March 2006

Laid before Parliament 9th March 2006

Coming into force 1st April 2006

The Scottish Ministers, in exercise of the powers conferred on them by section 173(1) to (3) and (5)(a) of the Serious Organised Crime and Police Act 20051and having regard to the definition of “enactment” in section 177(2) of that Act, hereby make the following Order:

Citation, Commencement and Extent

Citation, Commencement and Extent

S-1 This Order may be cited as the Serious Organised Crime and...

1. This Order may be cited as the Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments) (Scotland) Order 2006 and shall come into force on 1st April 2006.

S-2 The Schedule to this Order (amendment and revocation of...

2. The Schedule to this Order (amendment and revocation of enactments relating to the National Criminal Intelligence Service (“NCIS”) and in connection with the Serious Organised Crime Agency (“SOCA”) shall have effect.

S-3 This Order extends to Scotland only.

This Order extends to Scotland only.

3. This Order extends to Scotland only.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th March 2006

SCHEDULE

Article 2

Amendment or revocation of enactments relating to NCIS and in connection with SOCA

SCH-1.1

1. After regulation 37(5)(aa) of the Road Vehicles (Construction and Use) Regulations 19862insert–

“(ab)

“(ab) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 19983) relate to reserved matters, used for Serious Organised Crime Agency purposes;”.

SCH-1.2

2. In the table in regulation 3(2) of the Road Vehicles Lighting Regulations 19894after paragraph (aa) of the meaning of the expression “Emergency vehicle” insert–

“(ab)

“(ab) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, a vehicle used for Serious Organised Crime Agency purposes;”.

SCH-1.3

3. After regulation 6(1)(fa) of the Motor Vehicles (Wearing of Seat Belts) Regulations 19935insert–

“(fb)

“(fb) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, a person driving or riding in a vehicle while it is being used for Serious Organised Crime Agency purposes;”.

SCH-1.4

4. After regulation 14(1)(da) of the Motorways Traffic (Scotland) Regulations 19956insert–

“(db)

“(db) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, where that person does so as a member of the Serious Organised Crime Agency for the purposes of that Agency;”.

SCH-1.5

5.—(1) The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 19977are amended as follows.

(2) In regulation 12(1)–

(a)

(a) in sub-paragraphs (c) and (d), after “sub-paragraph (ea)”8insert “and sub-paragraph (eb)”;

(b)

(b) after sub-paragraph (ea) insert–

“(eb)

“(eb) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, when a vehicle is being used for Serious Organised Crime Agency purposes and the observance of the prohibition conveyed by the steady amber or the red signal in accordance with sub-paragraph (c) or (d) would be likely to hinder the use of that vehicle for those purposes, then those sub-paragraphs shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop line if the driver–

(i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and

(ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident; and”.

(3) In regulation 13(1)–

(a)

(a) in sub paragraphs (c) to (e), after “sub paragraph (g)”9, insert “and sub paragraph (h)”;

(b)

(b) after sub paragraph (g) insert–

“(h)

“(h) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, when a vehicle is being used for Serious Organised Crime Agency purposes and the observance of the prohibition conveyed by the amber, red or red-with-amber signal in accordance with sub-paragraph (c), (d) or (e) would be likely to hinder the use of that vehicle for those purposes, then those sub-paragraphs shall not apply to the vehicle, and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if...

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