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Forensic Science Regulator Act 2021 in Scotland

2021 c. 14 · Enacted 29 April 2021 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 2 October 2023.

An Act to make provision for the appointment of the Forensic Science Regulator; to make provision about the Regulator and about the regulation of forensic science; and for connected purposes.

[29th April 2021]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. 13Extent, commencement and short title
  2. Schedule: The Regulator
  3. Status
  4. 1Paragraph 1
  5. 2Paragraph 2
  6. Appointment and terms of office
  7. 3Paragraph 3
  8. Remuneration etc
  9. 4Paragraph 4
  10. Expenses
  11. 5Paragraph 5
  12. Staff etc
  13. 6Paragraph 6
  14. 7Paragraph 7
  15. Investigation by the Parliamentary Commissioner
  16. 8Paragraph 8
  17. House of Commons disqualification
  18. 9Paragraph 9
  19. Freedom of information
  20. 10Paragraph 10
  21. Public sector equality duty
  22. 11Paragraph 11

13Extent, commencement and short title

(1)

This Act extends to England and Wales only, subject to subsections (2) and (3).

(2)

Each of the amendments in paragraphs 8 to 11 of the Schedule has the same extent as the enactment amended.

(3)

This section extends to England and Wales, Scotland and Northern Ireland.

(4)

This Act comes into force on such day as the Secretary of State appoints by regulations made by statutory instrument, subject to subsection (6).

(5)

Different days may be appointed for different purposes.

(6)

The following provisions of this Act come into force on the day on which this Act is passed—

(a)

section 11;

(b)

this section.

(7)

The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

(8)

This Act may be cited as the Forensic Science Regulator Act 2021.

1I1

The Regulator carries out functions on behalf of the Crown.

2I1

Service as the Regulator is not service in the civil service of the state.

3I1

(1)

The Regulator is to be appointed by the Secretary of State.

(2)

The Regulator must be a person who appears to the Secretary of State to have expertise in forensic science.

(3)

The Regulator holds office in accordance with the terms of the Regulator's appointment.

(4)

Sub-paragraph (5) applies to any person who, at the time this Schedule comes into force, holds the office known immediately before that time as the Forensic Science Regulator.

(5)

That person—

(a)

is to be treated as having been appointed as the Regulator by the Secretary of State under sub-paragraph (1) at that time, and

(b)

holds office as the Regulator in accordance with the terms of the person's appointment to the office mentioned in sub-paragraph (4).

4I1

(1)

The Secretary of State may pay to or in respect of the Regulator such remuneration as the Secretary of State may determine.

(2)

The Secretary of State may—

(a)

pay such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the Regulator, or

(b)

make such payments as the Secretary of State may determine towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3)

Sub-paragraph (4) applies if the Secretary of State determines that there are special circumstances which make it right for a person ceasing to be the Regulator to receive compensation.

(4)

The Secretary of State may pay to the person a sum by way of compensation of such amount as the Secretary of State may determine.

5I1

The Secretary of State may pay to the Regulator or another person amounts in respect of expenses incurred by the Regulator in the exercise of the Regulator's functions.

6I1

The Secretary of State may, after consultation with the Regulator, provide the Regulator with—

(a)

such staff, and

(b)

such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the carrying out of the Regulator's functions.

7I1

A person employed in the civil service of the State continues to be employed in the civil service of the State during any period of service as a member of the staff mentioned in paragraph 6(a).

8I1

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert— “ The Forensic Science Regulator. ”

9I1

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert— “ The Forensic Science Regulator. ”

10I1

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies), at the appropriate place insert— “ The Forensic Science Regulator. ”

11I1

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Criminal justice”, at the appropriate place insert— “ The Forensic Science Regulator. ”