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The Police and Magistrates' Courts Act 1994 (Commencement No.10 and Savings) (Scotland) Order 1996

S.I. 1996/1646 · Made 19 June 1996

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POLICE

Made 19th June 1996

Laid before Parliament 11th July 1996

Coming into force 1st August 1996

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 1994f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1994 c. 29.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Provisions of the 1994 Act coming into force on 1st August 1996
  3. 3Savings
  4. Signature
  5. Schedule PROVISIONS OF THE 1994 ACT WHICH COME INTO FORCE ON 1ST AUGUST 1996
  6. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No.10 and Savings) (Scotland) Order 1996 and shall come into force on 1st August 1996.

(2)

In this Order—

  • “the 1967 Act” means the Police (Scotland) Act 1967f1;

  • “the 1967 Regulations” means the Police (Discipline) (Scotland) Regulations 1967f2;

  • “the 1969 Rules” means the Police (Appeals) (Scotland) Rules 1969f3;

  • “the 1990 Regulations” means the Police (Discipline) (Senior Officers) (Scotland) Regulations 1990f4;

  • “the 1994 Act” means the Police and Magistrates' Court Act 1994;

  • “disciplinary offence” means a disciplinary offence set out in the Discipline Code in Schedule 1 to the 1967 Regulations;

  • “existing case” means any case where an act or omission was committed or made by a constable of a police force before 1st August 1996, which amounts or may amount to a disciplinary offence at the time when the act or omission was committed or made and, without prejudice to that generality, an existing case includes any such case irrespective of whether it is before, on or after that date that—

    1. (a)

      a report, allegation or complaint is received in relation thereto;

    2. (b)

      the constable is charged or found guilty of that disciplinary offence; or

    3. (c)

      an appeal is made in relation to such a finding and any punishment imposed or only in relation to a punishment;

    but, for the avoidance of doubt, it does not include any case where—

    1. (i)

      the disciplinary offence consists of the conviction of the constable of a criminal offence as mentioned in paragraph 13 of Schedule 1 to the 1967 Regulations; and

    2. (ii)

      such a conviction occurs on or after that date, even although the act or omission which constituted the criminal offence of which the constable was convicted was committed or made by the constable before that date;

  • “existing provisions” means—

    1. (a)

      the provisions of section 44 of the Police Act 1964;

    2. (b)

      the provisions of sections 7(3), 26, 30 and 42(1) of, and paragraph 2 of Schedule 2 and Schedule 3 to, the 1967 Act;

    3. (c)

      the 1967 Regulations and the 1990 Regulations and any regulations made under section 26 of the 1967 Act on or after 1st August 1996 which amend either of those Regulations in relation to existing cases;

    4. (d)

      the 1969 Rules and any rules made under paragraph 5 of Schedule 3 to the 1967 Act on or after 1st August 1996 which amend those Rules in relation to existing cases,

    and any reference in this definition to a provision of the Police Act 1964 or the 1967 Act or to the 1969 Rules, the 1967 Regulations or the 1990 Regulations (but not to any rules or regulations amending those Rules or Regulations on or after 1st August 1996) is a reference to that provision or to those Rules or Regulations as in force immediately before 1st August 1996.

2Provisions of the 1994 Act coming into force on 1st August 1996

The provisions of the 1994 Act which are specified in column 1 of the Schedule 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 August 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.

3Savings

Notwithstanding any repeal or amendment effected by the provisions of the 1994 Act specified in the Schedule to this Order, the existing provisions shall continue to apply in relation to any existing case.

Signature

James Douglas-Hamilton

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

19th June 1996

PROVISIONS OF THE 1994 ACT WHICH COME INTO FORCE ON 1ST AUGUST 1996

Column 1Column 2Column 3
ProvisionSubject matterExtent of commencement
Section 44Minor and consequential amendmentsOnly so far as it relates to the entries in Schedule 5 to the 1994 Act specified below.
Section 52(2)Regulations for police forces
Section 52(3)Regulations for police forces
Section 52(4)Regulations for police forces
Section 55Appeals against dismissal etc.
Section 61Examination of handling of complaints against constables
Section 63(3)Other amendments of the 1967 Act
Section 63(8)Other amendments of the 1967 Act
Section 63(10)Other amendments of the 1967 Act
Section 93RepealsOnly so far as it relates to the entries in Part I of Schedule 9 to the 1994 Act specified below.
Schedule 5Police: minor and consequential amendments
1

Only so far as extending to Scotland, paragraph 11.

2

In paragraph 39, the opening words and sub-paragraph (b).

3

In paragraph 40, sub-paragraphs (1) and (3).

Schedule 6Schedule to be inserted in Police (Scotland) Act 1967: Appeals Tribunals
Schedule 9, Part IRepeals
1

The following entries in respect of the 1967 Act:—

  • In section 26, subsection (7).

  • In section 42(1), the words “or to commit breaches of discipline”.

  • In Schedule 2, paragraph 2.

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st August 1996 the remaining provisions of Part II (which concern the arrangements for policing in Scotland) of the Police and Magistrates' Courts Act 1994 and related repeals.

The provisions brought into force are listed in the Schedule to this Order subject to any restriction of purpose specified.

Article 3 makes provision for certain savings in relation to proceedings brought under provisions of the Police (Scotland) Act 1967 which are substituted by provisions of the said Act of 1994 which are brought into force by this Order.