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

• Citation: S.I. 2013/602
• Sections: 155

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.

(2) This Order comes into force on 1st April 2013.

(3) Subject to paragraphs (4) to (8), the provisions of this Order extend to the whole of the United Kingdom.

(4) Articles 3 to 14 and 24 extend to Scotland only.

(5) The modifications specified in Schedule 1 (and article 25 in so far as it relates to those modifications) have the same extent as the provisions being modified, except that the modifications do not extend to Scotland.

(6) Subject to paragraph (7), the modifications specified in Schedule 2 (and article 26 in so far as it relates to those modifications) have the same extent as the provisions being modified.

(7) The modifications specified in paragraphs 65, 66, 73, 74(2) and 76 of Schedule 2 (and article 26 in so far as it relates to those modifications) extend to Scotland only.

(8) In Schedule 3—

(a) paragraphs 1 to 11 and 13 to 18 (and article 27 in so far as it relates to those paragraphs) have the same extent as the provisions to which they relate; and

(b) paragraphs 12 and 19 (and article 27 in so far as it relates to those paragraphs) extend to Scotland only.

Section 2 Interpretation

In this Order—

“ 1967 Act ” means the Police (Scotland) Act 1967 ;

“ 1968 Act ” means the Firearms Act 1968 ;

“ 1987 Act ” means the Ministry of Defence Police Act 1987 ;

“ 1988 Act ” means the Firearms (Amendment) Act 1988 ;

“ 1996 Act ” means the Police Act 1996 ;

“ 2000 Act ” means the Regulation of Investigatory Powers Act 2000 ;

“ 2004 Act ” means the Fire and Rescue Services Act 2004 ;

“ 2005 Act ” means the Fire (Scotland) Act 2005 ;

“ 2006 Order ” means the Fire and Rescue Services (Northern Ireland) Order 2006 ;

“ 2006 Act ” means the Police, Public Order and Criminal Justice (Scotland) Act 2006 ;

“ 2012 Act ” means the Police and Fire Reform (Scotland) Act 2012 ;

“2004 Act authority” means—

a fire and rescue authority determined under section 1 of the 2004 Act;

a fire and rescue service for a combined area constituted by order under section 2 of the 2004 Act ;

a combined authority constituted by a scheme to which section 4 of the 2004 Act applies;

“2004 Act function” means a function conferred by or under any of sections 7 to 9 and 11 of the 2004 Act;

“board function” means a function conferred by or under any of articles 5 to 8 of the 2006 Order;

“customs revenue functions” has the meaning given in section 7(9) of the Borders, Citizenship and Immigration Act 2009 ;

“customs revenue official” means a person designated by the Director of Border Revenue under section 11 of the Borders, Citizenship and Immigration Act 2009;

“Director of Border Revenue” means the official designated by the Secretary of State under section 6 of the Borders, Citizenship and Immigration Act 2009;

“enforcement functions” includes, in particular, reference to—

powers of entry;

power to search persons or property;

power to seize or detain property;

power to arrest persons;

power to detain persons; and

powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data);

“fire and rescue officer” has the meaning given by article 2(2) of the 2006 Order;

“general customs functions” has the meaning given in section 1(8) of the Borders, Citizenship and Immigration Act 2009 ;

“general customs official” means a person designated by the Secretary of State under section 3 of the Borders, Citizenship and Immigration Act 2009;

“immigration officer” means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971 ;

“ Northern Ireland Board ” means the Northern Ireland Fire and Rescue Service Board;

“Scottish chief officer” means a chief constable of a police force maintained under section 2 of the 1967 Act.

“ SFRS ” means the Scottish Fire and Rescue Service;

“SFRS function” means a function conferred by or under any of sections 9 to 11 and 13 of the 2005 Act;

“ SOCA ” means the Serious Organised Crime Agency;

“ the Commissioner ” means the Police Investigations and Review Commissioner; and

“the relevant day” is the day on which this Order comes into force.

Section 3 Agreements to investigate serious incidents

(1) The Commissioner and the British Transport Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the British Transport Police Force, on any serious incident involving the British Transport Police Force.

(2) A “serious incident involving the British Transport Police Force” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a constable of the British Transport Police Force and any other persons specified in the agreement who serve with that Force or who are employed by the British Transport Police Authority.

(3) The Commissioner and the Civil Nuclear Police Authority may enter into an agreement for the Commissioner to investigate and report, where requested to do so by that Authority or the chief constable of the Civil Nuclear Constabulary, on any serious incident involving the Civil Nuclear Constabulary.

(4) A “serious incident involving the Civil Nuclear Constabulary” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Civil Nuclear Constabulary and any other persons specified in the agreement who serve with that Constabulary or who are employed by the Civil Nuclear Police Authority.

(5) The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the chief constable of the Ministry of Defence Police, on any serious incident involving the Ministry of Defence Police.

(6) A “serious incident involving the Ministry of Defence Police” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the Ministry of Defence Police.

(7) The Commissioner and SOCA may enter into an agreement for the Commissioner to investigate and report, where requested to do so by SOCA, on any serious incident involving SOCA.

(8) A “serious incident involving SOCA” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a member of the staff of SOCA.

(9) The Commissioner and the Commissioners for Her Majesty’s Revenue and Customs may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the Commissioners for Revenue and Customs, on any serious incident involving Her Majesty’s Revenue and Customs.

(10) A “serious incident involving Her Majesty’s Revenue and Customs” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an officer of Revenue and Customs, but only when acting in the exercise of such enforcement functions as may be specified in an agreement made under paragraph (9).

(11) The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on any serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum.

(12) A “serious incident involving an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an immigration officer or an official of the Secretary of State carrying out functions relating to immigration or asylum, but only when acting in the exercise of such enforcement functions as may specified in an agreement made under paragraph (11).

(13) An agreement made under paragraph (11) of this article must not establish and maintain procedures in relation to complaints about the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999 .

(14) The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report on a serious incident involving a general customs official.

(15) A “serious incident involving a general customs official” has the same meaning as in section 41B of the 2006 Act except that “a person serving with the police” means a general customs official or any other person exercising general customs functions under the authority of the Secretary of State or the Director of Border Revenue, but only when acting in the exercise of such enforcement functions as may be specified in an agreement under paragraph (14).

(16) The Commissioner and the Director of Border Revenue may enter into an agreement for the Commissioner to investigate and report on a serious incident involving a customs revenue official.

(17) A “serious incident involving a customs revenue official” has the same meaning as in section 41B of the 2006 Act except that “a person serving with the police” means a customs revenue official or any other person exercising customs revenue functions under the authority of the Director of Border Revenue, but only when acting in the exercise of such enforcement functions as may be specified in an agreement made under paragraph (16).

(17A) The Commissioner and the Independent Commission for Reconciliation and Information Recovery (the “ICRIR”) may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the ICRIR, on any serious incident involving the ICRIR.

(17B) A “ serious incident involving the ICRIR ” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “ a person serving with the police ” means an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).

(18) An agreement made under this article is not to be made, varied or terminated without the approval of—

(a) the Scottish Ministers in a case where—

(i) the Secretary of State is a party to the agreement; or

(ii) the agreement is made under paragraph (9); and

(b) in all other cases, the Secretary of State and the Scottish Ministers.

(19) Where the Commissioner enters into an agreement under this article, for the purposes of section 33A of the 2006 Act the Commissioner is to be regarded as having the functions set out in the agreement.

(20) An agreement made under this article—

(a) may specify types or categories of serious incident which may or may not be investigated and reported on by the Commissioner;

(b) may make different provision for different purposes or circumstances;

(c) include provision for payment to the Commissioner for any function which the Commissioner may exercise under it;

(d) may make provision only in relation to Scotland.

Section 4 Investigation of crimes and deaths

For the purposes of section 33A(b) of the 2006 Act, a person serving with the police includes—

(a) a constable of the British Transport Police Force, any person serving with that Force and any person employed by the British Transport Police Authority;

(b) a member of the Civil Nuclear Constabulary, any person serving with that Constabulary and any person employed by the Civil Nuclear Police Authority;

(c) a member of the Ministry of Defence Police;

(d) a member of the staff of SOCA;

(e) an officer of Revenue and Customs, but only when acting in the exercise of enforcement functions;

(f) a general customs official and any other person exercising general customs functions under the authority of the Secretary of State or the Director of Border Revenue, but only when acting in the exercise of enforcement functions;

(g) a customs revenue official and any other person exercising customs revenue functions under the authority of the Director of Border Revenue, but only when acting in the exercise of enforcement functions;

(h) an immigration officer and an official of the Secretary of State exercising functions relating to asylum and immigration, but only when acting in the exercise of enforcement functions;

(i) an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).

Section 5 Assistance by British Transport Police Force to Police Service of Scotland

(1) The chief constable of the British Transport Police Force may provide constables or other assistance for the purposes of enabling the Police Service of Scotland to meet any special demand on its resources.

(2) Such assistance—

(a) may be provided at the request of the chief constable of the Police Service of Scotland;

(b) must be provided if the Secretary of State, on being satisfied that it is expedient in the interests of public safety that the Police Service of Scotland should be reinforced or should receive other resources for the purposes of enabling it to meet any special demand on its resources, so directs.

(3) Assistance is to be provided on such terms as may be agreed between the British Transport Police Authority and the Scottish Police Authority (including terms for meeting the costs of such assistance) or, failing such agreement, on such terms as may be determined by the Secretary of State and the Scottish Ministers (acting jointly).

(4) A constable providing assistance in pursuance of this article—

(a) is under the direction and control of the chief constable of the Police Service of Scotland;

(b) has all the functions conferred on a constable of the Police Service of Scotland; and

(c) has all the powers and privileges of a constable serving with the Police Service of Scotland.

(5) Section 24 of the 2012 Act applies in relation to a constable providing assistance under this article as it applies in relation to a constable engaged on service with the Police Service of Scotland.

Section 6 Assistance by Police Service of Scotland to British Transport Police Force

(1) The chief constable of the Police Service of Scotland may, at the request of the chief constable of the British Transport Police Force, provide constables or other assistance for the purposes of enabling the British Transport Police Force to meet any special demand on its resources.

(2) Assistance is to be provided on such terms as may be agreed between the Scottish Police Authority and the British Transport Police Authority (including terms for meeting the costs of such assistance) or, failing such agreement, on such terms as may be determined by the Secretary of State and the Scottish Ministers (acting jointly).

(3) A constable providing assistance in pursuance of this article—

(a) is under the direction and control of the chief constable of the British Transport Police Force;

(b) has all the functions conferred on a constable of that Force; and

(c) has all the powers and privileges of a constable serving with that Force.

(4) The chief constable of the British Transport Police Force, and the British Transport Police Authority, are liable in respect of unlawful conduct of a constable providing assistance in pursuance of this article to the same extent as they are liable for the unlawful conduct of a constable of the British Transport Police Force.

Section 7 Liability for unlawful conduct of member of Ministry of Defence Police

Section 24 of the 2012 Act applies in relation to a member of the Ministry of Defence Police providing assistance to the Police Service of Scotland in pursuance of section 2A of the 1987 Act as it applies to a constable engaged on service with the Police Service of Scotland.

Section 8 Collaboration agreements

(1) If it appears to the chief constables of two or more relevant police forces that any of those forces’ functions can be discharged more effectively by constables of those forces acting jointly, they may, with the approval of the relevant police authorities for those forces, make an agreement for that purpose.

(2) If it appears to two or more relevant police authorities that any premises, equipment or other material or facilities can with advantage be provided jointly for the relevant police forces they maintain, they may make an agreement for that purpose.

(3) Any expenditure incurred under an agreement made under paragraph (1) or (2) is to be borne by the relevant police authorities in such proportions as they may agree.

(4) Failing an agreement made under paragraph (3), the expenditure incurred under an agreement made under paragraph (1) or (2) is to be borne by the relevant police authorities in such proportions as may be determined by—

(a) where the relevant police authorities include the Scottish Police Authority, the Scottish Ministers and the Secretary of State (acting jointly);

(b) in any other case, the Secretary of State.

(5) The Secretary of State may direct—

(a) the chief constable of the British Transport Police Force or the British Transport Police Authority;

(b) the chief constable of the Civil Nuclear Constabulary or the Civil Nuclear Police Authority; or

(c) the chief constable of the Ministry of Defence Police,

to seek to enter into an agreement under this article for such purposes, and on such terms, as may be specified in the direction.

(6) In this article—

“relevant police authority” means—

in relation to the Police Service of Scotland, the Scottish Police Authority;

in relation to the British Transport Police Force, the British Transport Police Authority;

in relation to the Civil Nuclear Constabulary, the Civil Nuclear Police Authority;

in relation to the Ministry of Defence Police, the Secretary of State;

“relevant police force” means—

the Police Service of Scotland;

the British Transport Police Force;

the Civil Nuclear Constabulary;

the Ministry of Defence Police.

Section 9 Causing disaffection

(1) It is an offence—

(a) to cause disaffection amongst the members of a relevant police force; or

(b) to induce a member of a relevant police force to withhold services.

(2) A person who is guilty of an offence under paragraph (1) is liable—

(a) on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(3) A person convicted of an offence under paragraph (1) is disqualified from being and from ever becoming a member of a relevant police force.

(4) A “member of a relevant police force” means—

(a) a constable of the Police Service of Scotland;

(b) a member of the British Transport Police Force;

(c) a member of the Civil Nuclear Constabulary.

Section 10 Offences: extension for other police forces

(1) Sections 90 and 91 of the 2012 Act apply in relation to the following persons as they apply in relation to a person acting as a constable of the Police Service of Scotland—

(a) a member of the Civil Nuclear Constabulary who—

(i) is exercising any of the powers and privileges conferred on that member by section 56 of the Energy Act 2004 ; or

(ii) is otherwise performing duties under the direction and control of the chief constable of the Civil Nuclear Constabulary or as an employee of the Civil Nuclear Police Authority;

(b) a member of the Ministry of Defence Police who—

(i) is exercising any of the powers and privileges conferred on that member by section 2 of the 1987 Act ;

(ii) is otherwise performing duties under the direction and control of the chief constable of the Ministry of Defence Police; or

(iii) is exercising any of the powers and privileges conferred on that member by section 2A(2)(b) of the 1987 Act.

(2) Section 92 of the 2012 Act has effect in relation to the Civil Nuclear Constabulary as if—

(a) references in that section to a constable included references to a member of that Constabulary;

(b) references in that section to police uniform included references to the uniform of that Constabulary; and

(c) references in that section to acting without the permission of the Scottish Police Authority were omitted.

Section 11 Grants for safeguarding national security

(1) The Secretary of State or the Scottish Ministers may make grants to the Scottish Police Authority in connection with safeguarding national security.

(2) Grants may be made subject to conditions.

(3) The Secretary of State may exercise powers under this article only with the consent of the Treasury.

Section 12 Independent custody visiting

(1) The Scottish Police Authority must ensure that a copy of any report submitted in pursuance of section 94(2)(c) of the 2012 Act in relation to a visit of a person detained under section 41 of the Terrorism Act 2000 is given to the person appointed under section 36(1) of the Terrorism Act 2006 .

(2) Arrangements made by the Scottish Police Authority under section 94(1) of the 2012 Act may—

(a) authorise independent custody visitors to listen to the audio recordings and view the video recordings (with or without sound) of any interview with a person detained under section 41 of the Terrorism Act 2000 which has been conducted by a constable while the person has been detained;

(b) provide that access to the whole or part of an audio or video recording of such an interview is to be denied to independent custody visitors if—

(i) it appears to a constable of the rank of inspector (or above) that there are grounds for denying access at the time it is requested;

(ii) those grounds are grounds which are specified for the purposes of head (i) in the arrangements; and

(iii) any other procedural requirements imposed by the arrangements in relation to denial of access to such recordings are met.

(3) Grounds are not to be specified for the purposes of paragraph (2)(b)(i) unless they are grounds for the time being set out for the purposes of this article in the guidance issued by the Secretary of State under paragraph (4).

(4) The Secretary of State may issue guidance about independent custody visiting in relation to persons detained under section 41 of the Terrorism Act 2000, and the Scottish Police Authority and members of its staff, the Police Service of Scotland and police staff and independent custody visitors must have regard to any such guidance.

(5) Before issuing guidance, the Secretary of State must consult—

(a) the Scottish Police Authority;

(b) the chief constable of the Police Service of Scotland;

(c) independent custody visitors or such persons as appear to the Secretary of State to be representative of independent custody visitors;

(d) the Scottish Ministers; and

(e) such other persons as the Secretary of State considers appropriate.

(6) The Secretary of State must lay a copy of the guidance issued before Parliament.

(7) Arrangements made by the Scottish Police Authority under section 95(1) of the 2012 Act may allow access to a detainee to be refused where—

(a) there are urgent and compelling grounds of national defence in the place to be visited that temporarily prevent the carrying out of such a visit; and

(b) the Scottish Ministers have notified the Authority that such grounds exist and that access should accordingly be refused.

(8) For the purposes of paragraph (7) above and section 95(4)(b) of the 2012 Act, the Scottish Ministers must not invoke a declared state of emergency as the sole reason to notify the Authority that access is to be refused.

Section 13 Provision of goods and services

The functions conferred by subsections (1), (3) and (5) of section 87 of the 2012 Act are exercisable in or as regards places outwith Scotland.

Section 14 Pensions: special constables and police cadets

(1) Regulations under section 48 of the 2012 Act may make provision relating to the payment of pensions and other benefits to or in respect of—

(a) special constables appointed under section 9 of the 2012 Act; or

(b) police cadets appointed under section 25 of the 2012 Act.

(2) Before making regulations relating to the payment of pensions and other benefits, the Scottish Ministers must consult the Police Negotiating Board for the United Kingdom.

(3) For the purposes of paragraph (1), regulations under section 48 of the 2012 Act may—

(a) apply, subject to such modifications as may be prescribed by the regulations, any provisions made by or under any enactment relating to the pensions and other benefits payable to or in respect of constables;

(b) be framed so as to have effect as from a date earlier than the making of the regulations.

(4) Section 54(2) of the 2012 Act does not apply in respect of provision made in relation to this article.

Section 15 Provision of cross-border assistance by SFRS

(1) SFRS and a 2004 Act authority may enter into arrangements for the provision by SFRS of assistance in England or Wales to a 2004 Act authority in the carrying out of a 2004 Act function.

(2) SFRS and the Northern Ireland Board may enter into arrangements for the provision by SFRS of assistance in Northern Ireland to the Board in the carrying out of a board function.

Section 16 Cross-border delegation of functions to SFRS

(1) SFRS and a 2004 Act authority may enter into arrangements for the carrying out to any extent by SFRS in England and Wales of a 2004 Act function.

(2) SFRS and the Northern Ireland Board may enter into arrangements for the carrying out to any extent by SFRS in Northern Ireland of a board function.

Section 17 Powers of SFRS employee in England and Wales

(1) This article applies where by virtue of article 15(1) or 16(1) SFRS is carrying out a 2004 Act function in England or Wales.

(2) Section 44 of the 2004 Act (powers of fire-fighters etc. in an emergency etc.) applies in relation to an employee of SFRS who is authorised for the purposes of section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) as if the employee were authorised for the purposes of section 44 of the 2004 Act.

(3) Sections 45 and 46 of the 2004 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires) apply in relation to an employee of SFRS who is authorised for the purposes of section 27 or 29 of the 2005 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires respectively) as if the employee were an authorised officer (as defined in section 45(2) of the 2004 Act).

Section 18 Powers of SFRS employee in Northern Ireland

(1) This article applies where by virtue of article 15(2) or 16(2) SFRS is carrying out a board function in Northern Ireland.

(2) Article 18 of the 2006 Order (powers of fire and rescue officers in emergency etc.) applies in relation to an employee of SFRS who is authorised for the purposes of section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) as if the employee were a fire and rescue officer.

(3) Articles 19, 20 and 22 of the 2006 Order (which make provision in relation to the powers of authorised officers in relation to obtaining information, securing premises and offences) apply in relation to an employee of SFRS who is authorised for the purposes of section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) as if the employee were an authorised officer (as defined in Article 19(2) of the 2006 Order) subject to the modification in paragraph (4).

(4) The modification is that Article 20(3) of the 2006 Order applies as if the reference to authorisation under Article 19(2) were a reference to authorisation under section 27 of the 2005 Act.

(5) Articles 20 to 22 of the 2006 Order (which make provision in relation to the powers of authorised officers in relation to investigating fires, securing premises and offences) apply in relation to an employee of SFRS who is authorised for the purposes of section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) as if the employee were an authorised officer (as defined in Article 19(2) of the 2006 Order) subject to the modification in paragraph (6).

(6) The modification is that Article 20(3) of the 2006 Order applies as if the reference to authorisation under Article 19(2) were a reference to authorisation under section 29 of the 2005 Act.

Section 19 Provision of cross-border assistance to SFRS

(1) SFRS and a 2004 Act authority may enter into arrangements for the provision by the 2004 Act authority of assistance in Scotland to SFRS in the carrying out of an SFRS function.

(2) SFRS and the Northern Ireland Board may enter into arrangements for the provision by the board of assistance in Scotland to SFRS in the carrying out of an SFRS function.

Section 20 Cross-border delegation of functions by SFRS

(1) SFRS and a 2004 Act authority may enter into arrangements for the carrying out to any extent by a 2004 Act authority in Scotland of an SFRS function.

(2) SFRS and the Northern Ireland Board may enter into arrangements for the carrying out to any extent by the board in Scotland of an SFRS function.

Section 21 Powers of 2004 Act authority employee in Scotland

(1) This article applies where by virtue of article 19(1) or 20(1) an employee of a 2004 Act authority is carrying out an SFRS function in Scotland.

(2) Section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of section 44 of the 2004 Act (powers of fire-fighters etc. in an emergency etc.) as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 25(1) of the 2005 Act).

(3) Section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of sections 45 and 46 of the 2004 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires) as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 27(1) of the 2005 Act).

(4) Section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) applies in relation to an employee of a 2004 Act authority who is authorised for the purposes of sections 45 and 46 of the 2004 Act as if the employee of the 2004 Act authority were an authorised employee (within the meaning of section 29(1) of the 2005 Act).

Section 22 Powers of Northern Ireland Board employee in Scotland

(1) This article applies where by virtue of article 19(2) or 20(2) the Northern Ireland Board is carrying out an SFRS function in Scotland.

(2) Section 25 of the 2005 Act (powers of authorised employees in relation to emergencies) applies in relation to a fire and rescue officer who is entitled to exercise the powers in Article 18 of the 2006 Order (powers of fire and rescue officers in an emergency etc.) as if the fire and rescue officer were an authorised employee (within the meaning of section 25(1) of the 2005 Act).

(3) Section 27 of the 2005 Act (powers of authorised employees in relation to obtaining information) applies in relation to a fire and rescue officer who is an authorised officer (as defined in Article 19(2) of the 2006 Order) as if the fire and rescue officer were an authorised employee (within the meaning of section 27(1) of the 2005 Act).

(4) Section 29 of the 2005 Act (powers of authorised employees in relation to investigating fires) applies in relation to a fire and rescue officer who is an authorised officer (as defined in Article 19(2) of the 2006 Order) as if the fire and rescue officer were an authorised employee (within the meaning of section 29(1) of the 2005 Act).

Section 23 Arrangements under articles 15, 16, 19 and 20: terms

Arrangements under articles 15, 16, 19 and 20 may include provision as to the terms (including terms as to payment) on which any function to which the arrangements relate is to be carried out.

Section 24 Offences

(1) Sections 1, 3 and 4 of the Emergency Workers (Scotland) Act 2005 (assaulting or impeding providers of emergency services, persons assisting providers and supplementary provisions) apply in relation to the following persons as they apply in relation to a person acting in a capacity mentioned in section 1(3)(b) of that Act—

(a) a person acting in the capacity of an employee of a 2004 Act authority providing assistance under arrangements made by virtue of article 19(1) or 20(1);

(b) a person acting in the capacity of a fire and rescue officer providing assistance under arrangements made by virtue of article 19(2) or 20(2).

(2) A person guilty of an offence by virtue of paragraph (1) is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both.

Section 25 Extension of modifications of enactments made by 2012 Act

The modifications specified in Schedule 1 have effect.

Section 26 Modifications of enactments

The modifications specified in Schedule 2 have effect.

Section 27 Transitional and savings provision

Schedule 3 (transitional and savings provisions) has effect.

Section 1

In paragraph 44 of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) )” substitute “the Scottish Fire and Rescue Service”.

Section 2

In section 51A of the Health and Safety at Work etc. Act 1974 (application of Part to police) —

(a) in subsection (2E), for paragraph (a) substitute—

(a) section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ;

(b) in subsection (3)(b), for “each chief officer of police in Scotland” substitute “the chief constable of the Police Service of Scotland”.

Section 3

In section 87(1) of the Road Traffic Regulation Act 1984 (exemption of fire brigade, ambulance and police vehicles from speed limits) , for “a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) )” substitute “the Scottish Fire and Rescue Service”.

Section 4

(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 102(5) (arrangements for the provision of prisoner escorts) , for “prescribed under section 9(1A)(b) of the Police (Scotland) Act 1967 (c.77) ” substitute “under section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ”.

(3) In section 163 (local authority powers to provide closed-circuit television) —

(a) in subsection (3), after ‘area’ insert “or, in Scotland, the local commander designated for the local authority’s area”; and

(b) in subsection (4)—

(i) omit the definition of “chief officer of police”; and

(ii) after the definition of “local authority” insert—

“local commander” has the meaning given by section 44 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ;

Section 5

(1) The Police Act 1996 is amended as follows.

(2) In section 59(2) (police federations) , for “section 26(2A) of the Police (Scotland) Act 1967” substitute “under section 48 of the Police and Fire Reform (Scotland) Act 2012 in so far as relating to the matters described in section 52 of that Act,”.

(3) In section 60(2) (regulations for police federations) —

(a) in paragraph (c), for “police authorities” substitute “the Scottish Police Authority”;

(b) in paragraph (d), for “police authorities” substitute “the Scottish Police Authority”; and

(c) in paragraph (e), for “26 of the Police (Scotland) Act 1967” substitute “48 of the Police and Fire Reform (Scotland) Act 2012”.

(4) Omit section 61(6).

(5) In section 62(1A)(a) (functions of the Board with respect to regulations) , for “26 or 27 of the Police (Scotland) Act 1967” substitute “48 of the Police and Fire Reform (Scotland) Act 2012”.

(6) In section 62(3) (functions of the Board with respect to regulations) , omit “, section 27 of the Police (Scotland) Act 1967”.

(7) In section 63 (Police Advisory Boards for England and Wales and for Scotland)—

(a) in subsection (1)—

(i) omit “and a Police Advisory Board for Scotland”; and

(ii) omit “in those countries respectively”; and

(b) in subsection (2) , for “each of the Police Advisory Boards” substitute “the Police Advisory Board for England and Wales”.

(8) Omit section 64(4E) and (4F) .

(9) In section 99(1) (jurisdiction of metropolitan police officers) , for “a police force maintained under the Police (Scotland) Act 1967” substitute “the Police Service of Scotland”.

Section 6

(1) The Police Act 1997 is amended as follows.

(2) In section 93 (authorisations to deal with property etc.)—

(a) in subsection (3) —

(i) after paragraph (za) insert—

(zb) if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;

(ii) in paragraph (a) , for “(5)(d) to” substitute “(5)(e),”;

(iii) after paragraph (e) insert—

(ea) if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.

(b) after subsection (3A) insert—

(3ZA) An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.

(c) in subsection (5) —

(i) for paragraph (d) substitute—

(d) the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;

(ii) after paragraph (i) insert—

(ia) the Police Investigations and Review Commissioner;

(d) in subsection (6)(b) , for the words from “of” to “maintained” substitute “or (ia) of subsection (5), means Scotland”.

(3) In section 94 (authorisations given in absence of authorising officer)—

(a) in subsection (1)(b ), for “, (c) or (d)” substitute “or (c)”;

(b) in subsection (2) , after paragraph (g) insert—

(ga) where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.

(4) In section 95 (authorisations: form and duration etc.) , in subsection (6), for “or (e),” substitute “, (d), (e)”.

(5) In section 105(3) (appeals) , for “, (c) or (d)” substitute “or (c)”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 126 (interpretation of Part 5)—

(a) in the definition of “chief officer” , for sub-paragraph (ii) substitute—

(ii) the chief constable of the Police Service of Scotland, and

(b) in the definition of “police authority” , for sub-paragraph (i) substitute—

(i) the Scottish Police Authority, and

Section 7

(1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) For subsection (10) of section 34 (pensions etc.) substitute—

(10) In this section “Scottish fire authority”—

(a) means the Scottish Fire and Rescue Service, and

(b) except in subsections (2)(e) and (h), includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8) ).

(3) In subsection (6) of section 35 (definitions for purpose of information in connection with pensions etc.), after the definition of “prescribed” add—

“Scottish fire authority”—

means the Scottish Fire and Rescue Service, and

in subsection (5) includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8) ).

Section 8

In section 157 of the Gambling Act 2005 (responsible authorities in relation to premises) , for paragraph (f) substitute—

(f) the Scottish Fire and Rescue Service,

Section 9

In section 6(2) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care for certain organisations in emergencies) , for paragraph (b) substitute—

(b) the Scottish Fire and Rescue Service;

Section 1

In section 26(5) of the Light Railways Act 1896 (application to Scotland) , omit “or police commissioners,”.

Section 2

In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities) —

(a) after the entry numbered 4 insert—

(b) after the entry numbered 5 insert—

Section 3

In section 13 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of police cadets) , omit subsection (3).

Section 4

In the Police (Scotland) Act 1967 omit—

(a) section 26(2)(k) (special constables’ pensions) ;

(b) section 27 (regulations for police cadets) insofar as not already repealed ;

(c) section 32A (grants for expenditure on safeguarding national security) ; and

(d) section 42 (causing disaffection) .

Section 5

(1) The Firearms Act 1968 is modified as follows.

(2) In section 42B(2) (permitted electronic means) , for paragraph (c) substitute—

(c) the chief constable of the Police Service of Scotland, and

(3) In section 54(3) (application of Parts I and II to Crown Servants) , omit paragraph (d).

(4) In section 57(4) (interpretation), in paragraph (b) of the definition of “civilian officer” , for “person” to second “police” substitute “member of police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012”.

(5) In paragraph 5 of Schedule 1 (offences to which section 17(2) applies) , for “section 41” to “duty)” substitute “section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police)”.

(6) In paragraph 18 of Schedule 2 (offences to which sections 17(2) and 18 apply in Scotland), for “section” to “1967” substitute “section 90 of the Police and Fire Reform (Scotland) Act 2012.”.

Section 6

In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance) , after “Metropolis” insert “, the Scottish Police Authority and the Scottish Fire and Rescue Service”.

Section 7

(1) Schedule 2 to the Pensions (Increase) Act 1971 (official pensions) is modified as follows.

(2) In paragraph 15—

(a) in sub-paragraph (b)—

(i) after “1996” insert “had effect”;

(ii) for “section 38A of the Police (Scotland) Act 1967 had effect” substitute “being temporary service outwith the Police Service of Scotland pursuant to section 15 of the Police and Fire Reform (Scotland) Act 2012”;

(b) in sub-paragraph (ba), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “was engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;

(c) in sub-paragraph (c), for “the Police (Scotland) Act 1967” substitute “Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012”;

(d) in sub-paragraph (d), omit paragraph (ii); and

(e) after sub-paragraph (d) insert—

; or

(e) was a constable of the Police Service of Scotland—

(i) serving as a staff officer of the inspectors of constabulary in accordance with arrangements made under section 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012; or

(ii) engaged on service under the Crown, with the consent of the chief constable of the Police Service of Scotland, in connection with research or other services connected with the police provided by the Scottish Ministers.

(3) In paragraph 43, for sub-paragraph (c) substitute—

(c) section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.

Section 8

(1) The Superannuation Act 1972 is modified as follows.

(2) In section 15(5) (members of police forces, special constables and police cadets) —

(a) after sub-paragraph (b) insert—

or

(ba) regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (special constables and police cadets),

(b) omit sub-paragraphs (c) and (d).

(3) In Schedule 1 (kinds of employment), for the entry “Employment by the Police Complaints Commissioner for Scotland” substitute “Employment by the Police Investigations and Review Commissioner”.

Section 9

In section 2 of the Overseas Pensions Act 1973 (superannuation schemes as respects certain overseas service by constables) —

(a) in subsection (2)(d) , for sub-paragraph (ii), substitute—

(ii) a constable of the Police Service of Scotland engaged on temporary service of any of the kinds listed in subsection (2A), or

(b) after that subsection, insert—

(2A) The reference to temporary service in subsection (2)(d)(ii) is to any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—

(a) service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom;

(b) service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 1945 with the consent of the chief constable of the Police Service of Scotland;

(c) service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980 with the consent of the chief constable of the Police Service of Scotland; or

(d) service pursuant to appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002

Section 10

(1) The House of Commons Disqualification Act 1975 is modified as follows.

(2) In section 1(3) (disqualification of holders of certain offices and places), in the definition of “police authority” , for “or the Police (Scotland) Act 1967” substitute “, the Scottish Police Authority”.

(3) In Part 3 of Schedule 1 (offices disqualifying for membership), omit “Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency.” .

Section 11

In section 1(2) of the Northern Ireland Assembly Disqualification Act 1975, in the definition of “police authority” , for “or the Police (Scotland) Act 1967” substitute “, the Scottish Police Authority”.

Section 12

(1) The Police Pensions Act 1976 is modified as follows.

(2) Section 7(2) (payment of pensions and contributions) is modified as follows—

(a) in paragraph (ba), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;

(b) in paragraph (bb) , omit the words “or, as the case may be, section 38A of the Police (Scotland) Act 1967”;

(c) for paragraph (cg), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 , substitute—

(cfa) a constable of the Police Service of Scotland engaged on any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—

(i) service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;

(ii) service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;

(iii) service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002 ;

(iv) service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 ;

(v) service as a member of staff of SOCA; or

(vi) service in the Police Service of Northern Ireland;

(cfb) a person (other than a constable of the Police Service of Scotland) who—

(i) is serving as member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012; and

(ii) immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above

(d) omit paragraphs (ch), (ci), (cj) and (ck), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 .

(3) In section 11 (interpretation)—

(a) in subsection (1)—

(i) in paragraph (aa), for “section 12A(2) of the Police (Scotland) Act 1967” substitute “engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom”;

(ii) in paragraph (ab) , omit the words “or, as the case may be, section 38A of the Police (Scotland) Act 1967”;

(iii) for paragraph (bg), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 , substitute—

(bfa) any of the following kinds of temporary service by a constable of the Police Service of Scotland in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—

(i) service as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012;

(ii) service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;

(iii) service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;

(iv) service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002;

(v) service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002;

(vi) service as a member of staff of SOCA; or

(vii) service in the Police Service of Northern Ireland;

(bfb) service by a person (other than a constable of the Police Service of Scotland) as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012 who, immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above;

(iv) omit sub-paragraphs (bh), (bi), (bj) and (bk), as inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007; and

(v) in sub-paragraph (c), omit the words from “or (as the case may be) section 38A of the Police (Scotland) Act 1967”;

(b) in subsection (2) —

(i) in the definition of “police pension authority”, for paragraph (d) substitute—

(d) the Scottish Police Authority;

(ii) in the definition of “pension supervising authority”, for paragraph (b) substitute—

(b) the Scottish Police Authority.

(c) in subsection (2A) —

(i) in paragraph (b), after “(b),” insert “(bfa)(vii),”;

(ii) in paragraph (ba), for “section 38A(1)(aa) of the Police (Scotland) Act 1967 (c.77) ” substitute “mentioned in subsection (1)(bfa)(v) above”;

(iii) in paragraph (c), for “section 38A(1)(bc) of the Police (Scotland) Act 1967” substitute “mentioned in subsection (1)(bfa)(vi)”;

(iv) omit paragraph (g);

(v) after paragraph (i) insert—

; and

(j) in relation to any service such as is mentioned in subsection (1)(bfa)(ii), (iii) or (iv), “police pension authority” and “pension supervising authority” means the Scottish Ministers.

(d) in subsection (3) —

(i) for “Police (Scotland) Act 1967” substitute “Police Service of Scotland”;

(ii) in paragraph (b) for “(bg), (bh), (bi), (bj), (bk),” substitute “(bfa), (bfb)”; and

(e) in subsection (5) , in the definition of “central service”, omit paragraph (b) and the words “(as the case may require)” which immediately follow that paragraph.

Section 13

In section 8(6) of the Bail Act 1976 (bail with sureties) , for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”.

Section 14

In section 38A(2) of the Criminal Law Act 1977 (execution in different parts of the United Kingdom of warrants for imprisonment for non-payment of fine) , for “appointed for a police area” substitute “of the Police Service of Scotland”.