Police (Scotland) Act 1967

Police (Scotland) Act 1967[a]
Act of Parliament
coat of arms
Long titleAn Act to consolidate certain enactments relating to police forces in Scotland and to the execution of warrants in the border counties of England and Scotland and to repeal certain provisions relating to the police in Scotland which have ceased to have any effect.
Citation1967 c. 77
Territorial extent Scotland[b]
Dates
Royal assent27 July 1967
Commencement27 October 1967[c]
Repealed1 April 2013
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Amended by
Repealed by
Relates to
Status: Repealed
Text of statute as originally enacted
Revised text of statute as amended
Text of the Police (Scotland) Act 1967 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Police (Scotland) Act 1967 (c. 77) was an act of the Parliament of the United Kingdom which until 2013 provided a framework for territorial police forces in Scotland to operate within. The Police and Fire Reform (Scotland) Act 2012, passed by the Scottish Parliament set out arrangements for organisations to replace those set out in this act.[1]

The act did not generally apply to any police force operating in Scotland whose jurisdiction is not defined by either local authority boundaries or by the national boundary of Scotland; certain individual sections deal with the necessary exercise of some police powers by specified non-Scottish or all-United Kingdom forces.

All justice matters are devolved to the Scottish Government under the Scotland Act 1998, however, and Scotland has (and always has had) its own civil and criminal legal systems quite separate and distinct from those in England and Wales.

The act lead to the repeal of Police (Scotland) Act 1956 (4 & 5 Eliz. 2. c. 26). This act also repealed the whole of Police (Scotland) Act 1966.

Provisions

Preamble

"An Act to consolidate certain enactments relating to police forces in Scotland and to the execution of warrants in the border counties of England and Scotland and to repeal certain provisions relating to the police in Scotland which have ceased to have any effect."

Section 41

See Assaulting a constable in the execution of his duty.

Repealed enactments

Section 52(2) of the act repealed 41 enactments, listed in parts I and II of schedule 5 to the act.[2]

Part I – Enactments Consolidated
Citation Short title Extent of repeal
34 & 35 Vict. c. 96 Pedlars Act 1871 In section 3, the definition of "chief officer of police". In Schedule 1, the definition of "chief officer of police".
34 & 35 Vict. c. 112 Prevention of Crimes Act 1871 In section 20, the definition of "chief officer of police".
38 & 39 Vict. c. 17 Explosives Act 1875 In section 107, the definition of "chief officer of police". In section 109, paragraph (7).
46 & 47 Vict. c. 34 Cheap Trains Act 1883 In section 8, the definition of "police force".
6 Edw. 7. c. 32 Dogs Act 1906 In section 3(10), the definitions of "chief officer of police" and "police fund". Section 8(a).
9 Edw. 7. c. 30 Cinematograph Act 1909 In section 2(6), the definition of "chief officer of police". Section 8(2).
4 & 5 Geo. 5. c. 34 Police Reservists (Allowances) Act 1914 In section 1(5), the definitions of "police force" and "police fund". In section 2, the words from "with the substitution" to "Police Act 1890".
11 & 12 Geo. 5. c. 31 Police Pensions Act 1921 In section 30, the definitions of "chief officer of police", "police fund" and "police force". In Schedule 3, the definitions of "chief officer of police" and "police fund".
1 Edw. 8 & 1 Geo. 6. c. 6 Public Order Act 1936 In section 9(1), the definition of "chief officer of police".
1 Edw. 8 & 1 Geo. 6. c. 12 Firearms Act 1937 In section 32(1), the definition of "chief officer of police".
2 & 3 Geo. 6. c. 44 House to House Collections Act 1939 In section 11(1), the definition of "chief officer of police".
2 & 3 Geo. 6. c. 103 Police and Firemen (War Service) Act 1939 In section 10(3), the definition of "chief officer of a police force". In section 14, in the definition of "constable" the words "within the meaning of the Police Pensions Act 1921".
10 & 11 Geo. 6. c. 41 Fire Services Act 1947 In section 38(1), the definitions of "chief officer of police" and "police force".
12, 13 & 14 Geo. 6. c. 5 Civil Defence Act 1948 In section 9(1), the definition of "police force".
12, 13 & 14 Geo. 6. c. 67 Civil Aviation Act 1949 In Schedule 6, paragraph 8(4).
12, 13 & 14 Geo. 6. c. 68 Representation of the People Act 1949 Section 87(3), except so far as it relates to the definition of a police area.
14 Geo. 6. c. 36 Diseases of Animals Act 1950 In section 86(2), the definition of "police force".
14 & 15 Geo. 6. c. 65 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 In section 23(1), the definition of "police force". In section 24(g), the words "for references to the Police Act 1946" and the words "there shall be respectively substituted references to the Police (Scotland) Act 1946".
4 & 5 Eliz. 2. c. 26 Police (Scotland) Act 1956 The whole act except section 37.
5 Eliz. 2. c. 1 Police, Fire and Probation Officers Remuneration Act 1956 Section 1(1)(b).
8 & 9 Eliz. 2. c. 16 Road Traffic Act 1960 Section 202(3). In section 257(1), the definition of "chief officer of police".
1964 c. 48 Police Act 1964 In section 45, in subsection (4), the words "or under section 11 or 11A of the Police (Scotland) Act 1956", and subsection (5). Section 59. In section 65(5), the words "section 59 and Schedule 7". Schedule 7.
1966 c. 52 Police (Scotland) Act 1966 The whole act.
1967 c. 76 Road Traffic Regulation Act 1967 Section 52(9). In section 104(1), the definition of "chief officer of police".
Part II – Enactments which are Spent or Superseded
Citation Short title Extent of repeal
34 & 35 Vict. c. 96 Pedlars Act 1871 In section 3, the definition of "police district". In Schedule 1, the definition of "police district".
34 & 35 Vict. c. 112 Prevention of Crimes Act 1871 In section 20, the definition of "police district".
38 & 39 Vict. c. 17 Explosives Act 1875 In section 107, the definition of "police district".
46 & 47 Vict. c. 34 Cheap Trains Act 1883 In section 8, the definition of "police authority".
6 Edw. 7. c. 32 Dogs Act 1906 In section 3(10), the definition of "police area".
9 Edw. 7. c. 30 Cinematograph Act 1909 In section 2(6), the definition of "police area".
4 & 5 Geo. 5. c. 34 Police Reservists (Allowances) Act 1914 Section 1(4). In section 1(5), the definition of "police authority". In section 2, the words from "and of" to the end.
11 & 12 Geo. 5. c. 31 Police Pensions Act 1921 In section 30, the definitions of "police area" and "police authority". In Schedule 3, the definitions of "police area" and "police authority".
1 Edw. 8 & 1 Geo. 6. c. 12 Firearms Act 1937 In section 32(1), in the definition of "area" the words from "as defined" to the end.
1 Edw. 8 & 1 Geo. 6. c. 37 Children and Young Persons (Scotland) Act 1937 In section 110(1), the definition "police authority".
2 & 3 Geo. 6. c. 44 House to House Collections Act 1939 In section 11(1), the definitions of "police area" and "police authority".
2 & 3 Geo. 6. c. 103 Police and Firemen (War Service) Act 1939 In section 14, in the definition of "appropriate authority" the words "within the meaning of the Police Pensions Act 1921".
10 & 11 Geo. 6. c. 41 Fire Services Act 1947 In section 38(1), the definitions of "police area" and "police authority".
12, 13 & 14 Geo. 6. c. 68 Representation of the People Act 1949 In section 87(3), the words "and to a police area" in both places where they occur.
14 Geo. 6. c. 36 Diseases of Animals Act 1950 In section 86(2), the definition of "police area".
14 & 15 Geo. 6. c. 65 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 In section 23(1), in the definition of "relevant police authority" the words from "maintained" to "other police force" and the words "(within the meaning of the Police Pensions Act 1921)". In section 24(g), the words "and to an authority responsible under a scheme for the maintenance of a police force" and the words from "and to a joint police committee" to the end. In Schedule 2, in Part I, in paragraph 4, in column 2, the words from the beginning to "any other police force" and the words "(within the meaning of the Police Pensions Act 1921)".
4 & 5 Eliz. 2. c. 26 Police (Scotland) Act 1956 Section 37.

Notes

  1. ↑ Section 53(1).
  2. ↑ But see section 53(2).
  3. ↑ Section 53(3).

References

  1. ↑ "Topics: Law, Order & Public Safety: Policies: Police, fire and rescue services: Police service: Police Reform Legislation". Scottish Government. Retrieved 28 December 2015.
  2. ↑ "Police (Scotland) Act 1967", legislation.gov.uk, The National Archives, 1967 c. 77