
1 
This Order may be cited as the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Commencement No. 2) Order 2006.
2 
In this Order–
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995; and
 “the Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006.
3 
The provisions of the Act which are specified in column 1 of the schedule to this Order (and the subject matter of which is described in column 2 of that schedule) shall come into force on 1st January 2007 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.
CATHY JAMIESON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
13th December 2006
SCHEDULE
Article 3


Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 1(1) Establishment of the Scottish Police Services Authority 
Section 1(2) Establishment of the Scottish Police Services Authority Only for the purpose of bringing into force the provisions of schedule 1 to the Act specified in column 1 of this Table
Section 2(1) Duty to establish and maintain the Agency 
Section 4 Strategic priorities of the Authority 
Section 8 Provision of information to the Scottish Ministers 
Section 10 Grants 
Section 12(1)(a), (b) and (d) Members of the Agency 
Section 12(2) Members of the Agency Only for the purpose of bringing into force the provisions of schedule 2 to the Act specified in column 1 of this Table
Section 13 Strategic priorities of the Agency 
Section 16(1) General functions of the Director General of the Agency 
Section 18 Scottish Ministers' power to modify section 17 
Section 23 Regulations relating to the Agency 
Section 24 The police support services: modification by order 
Section 25 Use of the police support services 
Section 30 Directions 
Section 31 Transfer of staff, property etc 
Section 32 Interpretation of Chapter 1 
Section 33 The Police Complaints Commissioner for Scotland 
Section 34 “Relevant complaint” and “person serving with the police” 
Section 35 Examination of manner of handling of complaint Only for the purpose of enabling regulations to be made
Section 36 Duty of Commissioner not to proceed with certain complaint handling reviews Only for the purpose of enabling regulations to be made
Section 38(4) Reconsideration of a complaint: duties to keep persons informed 
Section 39 Power of Commissioner to discontinue reconsideration Only for the purpose of enabling regulations to be made
Section 41 Appropriate authority in relation to a complaint 
Section 44 Provision of information to the Commissioner Only for the purpose of enabling regulations to be made
Section 47 Interpretation of Chapter 2 
Section 83 Retention of samples etc.: prosecutions for sexual and violent offences 
Section 84 Testing of arrested persons for Class A drugs Only for the purpose of enabling an order under section 20A(3)(c) of the 1995 Act to be made
Section 85(3) Assessment following positive test under section 20A of the 1995 Act 
Section 90 Interpretation of sections 85 to 88 Only for the purpose of enabling regulations to be made to prescribe the qualifications and experience which a suitably qualified person must have.
Section 101 Modification of enactments Only for the purpose of bringing into force the provisions of schedule 6 to the Act specified in column 1 of this Table
Schedule 1, paragraphs 1 to 9, 10(1), 11(1), (5) to (8), 12, 13, 14(1) and (3), 15 and 16 The Scottish Police Services Authority 
Schedule 2, paragraphs 1 to 6, 8 and 9 Membership of the Scottish Crime and Drug Enforcement Agency 
Schedule 3 Transfers of staff and property 
Schedule 4 The Police Complaints Commissioner for Scotland 
Schedule 6, paragraphs 5(4) and (5), 7 and 12 Modifications of enactments 