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Statutory Instruments
1995 No. 492 (C.12) (S. 34)
POLICE
The Police and Magistrates' Courts Act 1994 (Commencement No.7 and Transitional Provisions) (Scotland) Order 1995
Made
28th February 1995
Laid before Parliament
10th March 1995
Coming into force
1st April 1995
The Secretary of State, in exercise of the powers conferred on him by section 94(1), (4) and (5) of the Police and Magistrates' Courts Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1.-(1) This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No.7 and Transitional Provisions) (Scotland) Order 1995.
(2) This Order shall come into force on 1st April 1995.
(3) In this Order-
"the 1967 Act" means the Police (Scotland) Act 1967(2); and
"the 1994 Act" means the Police and Magistrates' Courts Act 1994.
Provisions of the 1994 Act coming into force on 1st April 1995
2. The provisions of the 1994 Act which are specified in column 1 of Schedule 1 to this Order, and described by reference to the subject matter in column 2 of that Schedule, shall, insofar as not then in force, come into force on 1st April 1995 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.
Provisions of the 1994 Act coming into force on 1st April 1996
3. The provisions of the 1994 Act which are specified in column 1 of Schedule 2 to this Order, and described by reference to the subject matter in column 2 of that Schedule, shall, insofar as not then in force, come into force on 1st April 1996 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.
Transitional provision
4.-(1) Any person who on 1st April 1995 would hold the rank of deputy chief constable in a police force maintained under section 1 of the 1967 Act(3) but for the commencement by this Order of the provisions of the 1994 Act abolishing that rank shall hold the rank of assistant chief constable in that force.
(2) Any person who on 1st April 1995 would hold the rank of chief superintendent in a police force maintained under section 1 of the 1967 Act but for the commencement by this Order of the provisions of the 1994 Act abolishing that rank shall hold the rank of superintendent in that force.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew's House,
Edinburgh
28th February 1995
Article 2
SCHEDULE 1PROVISIONS OF THE 1994 ACT WHICH COME INTO FORCE ON 1ST APRIL 1995
| Column 1 Provision | Column 2 Subject matter | Column 3 Extent of commencement |
|---|---|---|
| Section 47(2)(a) | Assignment of ranks | |
| Section 48 | Assistant chief constables | |
| Section 53(2) | Fixed term appointments etc. | |
| Section 59 | Common services | |
| Section 60 | Constables engaged on service outside their force | |
| Section 63(2), (4), (5), and (7) | Other amendments of 1967 Act | |
| Section 93 | Repeals | Only so far as it relates to the entries in Schedule 9, Part I specified below. |
| Schedule 9, Part I | Repeals | 1. Only so far as extending to Scotland, the entry in relation to the Police (Overseas Service) Act 1945. 2. The following entries in respect of the 1967 Act:-
3. Only so far as extending to Scotland, the entry in relation to the Police Act 1969. 4. Only so far as extending to Scotland, the entry in relation to the Police Pensions Act 1976. 5. Only so far as extending to Scotland, the entry in relation to the Overseas Development and Cooperation Act 1980. |
Article 3
SCHEDULE 2PROVISIONS OF THE 1994 ACT WHICH COME INTO FORCE ON 1ST APRIL 1996
| Column 1 Provision | Column 2 Subject matter | Column 3 Extent of commencement |
|---|---|---|
| Section 47(1) | Establishments of police forces | |
| Section 47(2) | Assignment of ranks | |
| Section 47(3) | Appointment of police cadets | |
| Section 47(4) | Extra policing of locality where works are being constructed | |
| Section 47(5) | Regulations as to retirement of certain constables | |
| Section 49 | Civilian employees | |
| Section 54 | Power of Secretary of State to give directions to police authorities | |
| Section 63(9) | Other amendments of 1967 Act | |
| Section 64 | Delegation of functions of Scottish police authorities | |
| Section 93 | Repeals | Only so far as it relates to the entries in Schedule 9, Part I specified below. |
| Schedule 9, Part I | Repeals | The following entries in respect of the 1967 Act:-
|
Explanatory Note
(This note is not part of the Order)
This Order brings into force for specified purposes various provisions of Part II (which concern the arrangements for policing in Scotland) of the Police and Magistrates' Courts Act 1994 and related repeals.
Articles 2 and 3 of, and Schedules 1 and 2 to, this Order bring into force on 1st April 1995 and 1st April 1996 respectively the provisions listed in each Schedule subject to any restriction of purpose specified.
Article 4 makes transitional provision in relation to the abolition of the ranks of deputy chief constable and chief superintendent.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 3 and Schedules 1 and 2 (partially) section 18 (partially), section 41, section 44 and Schedule 5 (partially), section 46, section 52 (partially), section 65, section 93 and Part I of Schedule 9 (partially). | 8. 8.94 | 1994/2025 |
| Part III, section 93 and Part I of Schedule 9 (partially). | 23. 8.94 | 1994/2151 |
| Section 4 (partially), section 8 (partially), section 10 (partially), section 11 (partially), sections 14 to 16 (partially), section 22, section 25, section 31 (partially), section 32 (partially), section 33, section 39 (partially), section 42, section 43 and Schedule 4 (partially), section 44 and Schedule 5 (partially), section 45 (partially), section 93 and Part I of Schedule 9 (partially). | 1.10.94 | 1994/2025 |
| Section 17 (partially), section 27 (partially), section 28 (partially). | 1.11.94 | 1994/2025 |
| Sections 69 to 71, section 74, section 78, section 79 (partially), sections 85 to 90, section 91(1) and Part I of Schedule 8 (partially), section 92, section 93 and Part II of Schedule 9 (partially). | 1.11.94 | 1994/2594 |
| Section 44 and Part I of Schedule 5 (partially), section 93 and Part I of Schedule 9 (partially). | 31.12.94 | 1994/3262 |
| Section 48 (partially), section 51 (partially), section 52(1), section 52(3) (partially), section 53(1), section 55(1) (partially), sections 56 to 58, section 59 (partially), section 62, section 63(1), (6), (7)(b) and (9)(b), section 93 and Part I of Schedule 9 (partially). | 1. 1.95 | 1994/3075 |
| Part I of Schedule 8 (partially). | 3. 2.95 | 1995/42 |
The following provisions of the Act are to be brought into force after the date of the making of this Order by virtue of a commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 59 | 1. 4.95 | 1994/3075 |
| Sections 1 to 12, sections 14 to 16, sections 20 and 21, sections 23 and 24, section 26, section 29, sections 30 and 31, section 39(2) and (3), section 40, sections 43 to 45, section 93 and Part I of Schedule 9 (partially), Schedules 1, 2 and 4, Parts I and II of Schedule 5 (partially). | 1. 4.95 | 1994/3262 |
| Section 51 | 1. 1.96 | 1994/3075 |