FOI/202600514715 · FOI · transferred
Evidence of extension or application of Police (Scotland) Act 1857 to Orkney and Shetland: FOI release
Information requested
In particular, I request disclosure of any records held which evidence the extension or application of the Police (Scotland) Act 1857 to Orkney and Shetland, having regard to Section LXXVI of that Act, which provides that it shall not extend to those areas unless so directed by Order in Council.
Specifically, please provide:
1. Any Order in Council extending the Police (Scotland) Act 1857 to Orkney and/or Shetland.
2. Any application, petition, or submission made by
the Lord Advocate; the Sheriff Principal; or the Commissioners of Supply of Orkney or Shetland
seeking such an extension.
3. Any Scottish Office, Home Office, Privy Council, or other governmental records evidencing:
consideration of the extension of the Act to Orkney and Shetland, and/or the legal mechanism by which the Act came to be treated as applying in those areas.
4. Any minutes, approvals, or formal decisions by the Secretary of State for Scotland (or predecessor office) relating to:
the adoption or application of policing legislation in Shetland, including any amalgamation scheme involving Zetland Constabulary.
5. Any records explaining the basis upon which the Police (Scotland) Act 1857, or legislation derived from it, is considered to apply in Shetland.
6. If no such Order in Council or equivalent instrument is held, any records explaining:
the basis upon which it is asserted that the Act nevertheless applied.
For the avoidance of doubt, this request is concerned with documentary evidence of the legal mechanism of application, rather than general historical description.
Response
Following a search of our records, I can confirm that no information is held under any of the areas of your request. This is a formal notice under S.17(1) of FOISA that the Scottish Government does not have the information you have requested.
With regard to Orkney and Shetland constabularies in particular, these were subsumed into the legacy force, Northern Constabulary, in 1969 which in turn expanded to incorporate a wider area of the Highlands in 1975. Northern Constabulary merged with Scotland’s other seven legacy regional forces to form Police Scotland in 2013, following the implementation of the Police and Fire Reform (Scotland) Act 2012, the legislation which now governs policing in Scotland.
Due to the passage of time since the events listed above took place, should the Scottish Government have held this information, it would no longer do so. It will either have been destroyed or transferred to the National Records of Scotland for permanent retention.
Further details about the Scottish Government’s records management policy and the Public Records (Scotland) Act can be found at:
Scottish Government records management plan - gov.scot
Public Records (Scotland) Act 2011
The National Records of Scotland may be able to assist you with your enquiry, and they can be contacted at:
Requesting information - National Records of Scotland (NRS)
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
This is a formal notice under S.17(1) of FOISA that the Scottish Government does not have the information you have requested.
Attachments
No attachments found.