The Act Commentary on Sections Part 1: Police Reform Paragraph 48: Power to modify objects, functions and structure of the Agency
71.This paragraph provides a power, exercisable by order (subject to the negative resolution procedure), to make provision changing the objects, functions, name, structure, accountability and management practices of the Agency. If the provision in question would be within the legislative competence of the Scottish Parliament, the order must be made by the Scottish Ministers with the consent of the Secretary of State. Otherwise, it must be made by the Secretary of State. If an order made by the Secretary of State under paragraph 48 would affect a police force or body in Scotland, or the rights and powers of the Scottish Ministers, the consent of the Scottish Ministers is needed.