Joint Committee on Statutory Instruments Fifth Report


APPENDIX V

Memorandum by the Scottish Office


COMMON POLICE SERVICES (SCOTLAND) ORDER 1977 (S.I. 1997/695)

  1. The Joint Committee on Statutory Instruments has requested a submission of a memorandum on the following point:

    "the Common Police Services (Scotland) Order 1995, which article 4(1) purports to revoke, was revoked by the Common Police Services (Scotland) Order 1996 (S.I. 1996/745). Ought not '1995' in article 4(1) and footnote (a) at page 4 to have read `1996'?"

  2. It was the intention of the Department when making the 1997 Order to revoke the Common Police Services (Scotland) Order 1996 (S.I. 1996/745) but article 4(1) erroneously referred to the earlier Order, the Common Police Services (Scotland) Order 1995.

  3. The Department, while regretting the mistake, does not consider that anything requires to be done for the following reason. The 1997 Order was made under section 36(3) and (6) of the Police (Scotland) Act 1967 as substituted by section 59 of the Police and Magistrates' Courts Act 1994. The Order was made on 7 March 1996 and would have come into force on 1 April 1996.

  4. Section 46 of the Crime and Punishment (Scotland) Act 1997 (c.48) made provision for the substitution of section 36 of the Act of 1967. Section 46 of the Act of 1997 came into force on 21 March 1997 when the Act obtained Royal Assent. Accordingly, the powers to make the 1997 Order were repealed and it is therefore the case that both the 1996 Order and the 1997 Order which were made under those powers no longer have any effect. There are no comparable powers to make Orders under section 36 of the Act of 1967 as substituted by section 46(1) of the Act of 1997.

20th June 1997


 
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