Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Police and Fire Reform (Scotland) Act 2012

Type Act of the Scottish Parliament

Publication 2012-08-07

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — Police reform

CHAPTER 1 — The Scottish Police Authority

The Scottish Police Authority

1

(1) There is established a body corporate to be known as the Scottish Police Authority or, in Gaelic, Ùghdarras Poilis na h-Alba.

(2) Schedule 1 makes provision about the Authority's constitution, members and staff and other matters relating to it.

Functions of the Authority

2

(1) The Authority's main functions are—

(a) to maintain the Police Service,

(b) to promote the policing principles set out in section 32,

(d) to keep under review the policing of Scotland,

(e) to hold the chief constable to account for the policing of Scotland (including, in particular, the chief constable's carrying out of the duties imposed by or mentioned in section 17).

(2) The Authority also has the additional functions conferred on it by virtue of this or any other enactment.

(3) The Authority must try to carry out its functions in a way which is proportionate, accountable and transparent and which is consistent with any principle of good governance which appears to it to constitute best practice.

Maintenance of the police

3

(1) In pursuance of its function under section 2(1)(a)—

(a) the Authority must (in accordance with regulations made under section 48)—

(i) pay constables pay and allowances, and

(ii) reimburse any expenses reasonably incurred by a constable,

(b) the Authority may provide and maintain anything necessary or desirable for the carrying out of police functions, including vehicles, equipment, information technology systems, land, buildings and other structures, and

(c) the Authority must, before the beginning of each financialyear, provide to the chief constable details of how it intends to allocate the financial resources it expects to have available to it in respect of that financial year.

(2) In this section, “financial year” means each period of a year ending on 31 March.

General powers of the Authority

4

(1) The Authority may do anything that it considers appropriate for the purposes of, or in connection with, the carrying out of its functions.

(2) The Authority may in particular—

(a) enter into contracts,

(b) borrow money,

(d) with the authorisation of the Scottish Ministers, purchase compulsorily land, and

(e) form or promote (whether alone or with another) companies under the Companies Act 2006 (c.46).

(3) The Authority may not exercise the power in subsection (2)(b)or (e) without the consent of the Scottish Ministers.

(4) Such consent may be given—

(a) with respect to a particular case or a particular class of case,

(b) subject to such conditions as the Scottish Ministers consider appropriate.

(5) The power in subsection (2)(c) includes power to accept, on such terms and conditions as the Authority considers appropriate—

(a) gifts of money, and

(b) gifts or loans of other property.

(6) The powers in subsection (2)(c) and (d) to acquire and purchase land include power to acquire a servitude or other right in or over land by the creation of a new right.

(7) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) applies in relation to the compulsory purchase of land under subsection (2)(d) as if—

(a) that provision were contained in an Act in force immediately before the commencement of that Act, and

(b) the Authority were a local authority.

Directions

5

(1) The Authority must comply with any direction (general or specific) given by the Scottish Ministers.

(2) A direction may not be given in respect of—

(a) a specific operation being or to be carried out by the Police Service, or

(b) the way in which the Police Service is carrying out (or is to carry out) a specific operation.

(3) The Scottish Ministers must—

(a) publish a direction given under this section in such manner as they consider appropriate, and

(b) lay a copy of it before the Scottish Parliament.

(4) The Scottish Ministers may vary or revoke a direction (and subsection (3) applies in relation to an instrument varying or revoking a direction as it applies to a direction).

CHAPTER 2 — The Police Service of Scotland

The Police Service of Scotland

6

There is to be a constabulary to be known as the Police Service of Scotland(or, in Gaelic, Seirbheis Phoilis na h-Alba ) comprising—

(a) a constable holding the office of chief constable,

(b) one or more constables holding the office of deputy chief constable,

(d) other individuals holding the office of constable.

Constables: appointment, ranks and terms of office

Senior officers

7

(1) The Authority must appoint—

(a) the chief constable,

(b) one or more deputy chief constables, and

(2) An appointment of a chief constable has effect only if approved by the Scottish Ministers.

(3) The Authority must consult the chief constable before appointing a deputy or assistant chief constable.

Regular constables

8

It is for the chief constable to appoint constables (other than senior officers).

Special constables

9

The chief constable may appoint special constables, being constables who are not entitled to be paid but who may, in accordance with regulations made under section 48, be entitled to receive—

(a) allowances,

(b) periodic payments which acknowledge the giving of, or a commitment to give, services.

Constable’s declaration

10

(1) An appointment of an individual as a constable has effect only where the individual has made a declaration in the following terms before a sheriff , summary sheriff or justice of the peace—

I, do solemnly, sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable with fairness, candour, integrity, diligence and impartiality, that I will follow the Code of Ethics for Policing in Scotland and that I will uphold fundamental human rights and accord equal respect to all people, according to law.

(2) The Scottish Ministers may by order modify the declaration.

Ranks

11

(1) The ranks which a constable may hold are—

(a) chief constable,

(b) deputy chief constable,

(d) chief superintendent,

(e) superintendent,

(f) chief inspector,

(g) inspector,

(h) sergeant,

(i) constable.

(2) Constables appointed as senior officers under section 7 are to hold the rank corresponding to the office to which they are appointed.

(3) It is for the chief constable to assign, and to make promotions to, ranks below that of assistant chief constable.

(4) A constable may be demoted in rank only—

(a) if the constable consents, or

(b) in accordance with regulations made under section 48.

(5) The Scottish Ministers may by regulations modify subsection (1) to add or remove any rank below that of chief constable.

(6) Regulations made under subsection (5) may make such provision in consequence of the addition or removal of a rank as the Scottish Ministers consider appropriate including (in particular) provision—

(a) creating or removing an office corresponding to the rank,

(b) relating to the functions of senior officers,

(7) Before making regulations, the Scottish Ministers must consult—

(a) the chief constable,

(b) the Authority,

(d) such persons as appear to them to be representative of senior officers,

(e) such persons as appear to them to be representative of superintendents (including chief superintendents), and

(f) such other persons as they consider appropriate.

Constables: terms of office

12

A constable is to hold and vacate office in accordance with—

(a) regulations made under section 48, and

(b) any other enactment (for example, the Police Pensions Act 1976 (c.35) or section 14 of this Act) which makes provision in that regard.

Rewards

13

The Authority may, on the recommendation of the chief constable, pay such sums by way of reward as it thinks fit to—

(a) a constable (other than the chief constable) who in its opinion has carried out the constable's functions with exceptional diligence or in a specially meritorious manner, or

(b) a person who in its opinion has made a substantial contribution to the carrying out of police functions.

Senior officers: resignation or retirement for efficiency or effectiveness

14

(1) The Authority may call on a senior officer to resign or, where appropriate, retire from office in the interests of efficiency or effectiveness of the Police Service.

(2) Before calling on a senior officer to resign orretire, the Authority must—

(a) give the senior officer—

(i) a written explanation of the reason why the Authority proposes to call on the senior officer to resign or retire, and

(ii) an opportunity to make written representations,

(b) consider any written representations made, and

(3) Where—

(a) a senior officer is called on to resign or retire, and

(b) the officer has made written representations under subsection (2)(a)(ii),

the Authority must provide the officer with written reasons for its decision.

(4) A senior officer called on to resign or retire must do sowith effect from—

(a) the date determined by the Authority when calling on the senior officer to resign or retire, or

(b) such earlier date as may be agreed between the senior officer and the Authority.

Temporary service outwith the Police Service of Scotland

15

(1) The chief constable may make arrangements, or give consent, for constables to be engaged on temporary service outwith the Police Service.

(2) A constable on temporary service outwith the Police Service—

(a) is to continue to hold the office of constable, and

(b) except where contrary provision is made by regulations under subsection (3) or by or under any other enactment, is to continue to—

(i) have all the functions conferred on a constable by virtue of this or any other enactment or by rule of law,

(ii) have the powers and privileges of a constable throughout Scotland, and

(iii) be under the direction and control of the chief constable in relation to the constable's performance of policing functions.

(3) The Scottish Ministers may by regulations—

(a) prescribe types of temporary service in respect of which a constable—

(i) may not be engaged in pursuance of subsection (1),

(ii) may be so engaged only with the consent of the Authority or the Scottish Ministers (or both),

(iii) is not to have any of the functions, powers or privileges of a constable,

(iv) is not to be under the direction and control of the chief constable, and

(b) make such further provision in respect of constables on temporary service as they consider appropriate.

(4) Regulations made under subsection (3) may in particular make provision—

(a) modifying any provision of this Act or any other enactment relating to constables (including any such provision or other enactment creating offences against or as regards constables) in relation to constables on temporary service,

(b) about the liability for unlawful conduct of a constable while on temporary service.

(5) At the end of a period of temporary service outwith the Police Service, a constable—

(a) is entitled to revert to serve as a constable of the Police Service in the rank in which the constable was serving immediately before the period began, and

(b) is to be treated as if the constable has served as a constable of the Police Service during the period of temporary service for the purposes of any scale prescribed by virtue of regulations made under section 48 fixing the constable's rate of pay by reference to length of service.

(6) Subsection (5) does not apply where a pension, allowance or gratuity becomes payable to the constable during the period of temporary service by virtue of regulations made under the Police Pensions Act 1976 (c.35).

(7) A constable may, during any period of temporary service, be promoted to a higher rank and in such a case—

(a) the reference in subsection (5)(a) to the rank in which the constable was serving immediately before the period began is to be construed as a reference to the rank to which the constable is promoted, and

(b) the constable is, for the purposes of subsection (5)(b), to be treated as having served in that rank from the time of promotion.

Temporary service as constable of the Police Service of Scotland

16

(1) The chief constable may make arrangements for any individual falling within subsection (2) to be engaged on temporary service as a constable of the Police Service.

(2) An individual falls within this subsection if the individual is a member of—

(a) a police force maintained under section 2 of the Police Act 1996 (c.16),

(b) the metropolitan police force,

(d) the Police Service of Northern Ireland,

(e) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c.4),

(f) the British Transport Police Force,

(g) the Civil Nuclear Constabulary,

(h) the States of Jersey Police Force,

(i) the salaried police force of the Island of Guernsey, or

(j) the Isle of Man Constabulary.

(3) An individual may be engaged on temporary service under arrangements made under this section only where the individual has made the declaration specified in section 10 before a sheriff , summary sheriff or justice of the peace.

(4) An individual engaged on temporary service under such arrangements holds the office of constable.

Chief constable

Chief constable’s responsibility for the policing of Scotland

17

(1) The chief constable is responsible, and must account to the Authority, for the policing of Scotland.

(2) In particular, the chief constable—

(a) has direction and control of the Police Service (see section 21),

(b) is responsible for the day to day administration of the Police Service, including the allocation and deployment of resources received from the Authority,

(c) is to be involved in the preparation of the strategic police plan and the Authority's annual report (see sections 34(4)and 39(4)),

(d) is to prepare annual police plans (see section 35),

(da) is to prepare the Code of Ethics for Policing in Scotland (see section 36A),

(e) must seek to secure continuous improvement in the policing of Scotland (see section 37(2)),

(f) must designate local commanders and ensure that adequate arrangements are in place for the policing of each local authority area (see section 44), and

(g) may be required to provide the Authority with information relating to the Police Service, policing or the state of crime (see sections40(3),60(4) and 84(3)).

(3) The chief constable must, when directing constables, police cadets and police staff in the carrying out of their functions, comply with any lawful instruction given by—

(a) the appropriate prosecutor in relation to the investigation of offences,

(b) the Lord Advocate under section 12 of the Criminal Procedure (Scotland) Act 1995 (c.46),

(d) the sheriff principal for the place in which the functions are to be carried out.

(4) The chief constable must seek to ensure that the policing of Scotland is done—

(a) with due regard to the policing principles and the Code of Ethics for Policing in Scotland, and

(b) in accordance with—

(i) the strategic police priorities,

(ii) the most recently approved strategic police plan, and

(iii) the relevant annual police plan.

(5) The chief constable must ensure that the policing of Scotland is done with due regard to any recommendations made or guidance issued by the Authority on the policing of Scotland.

(6) Any recommendation made or guidance issued by the Authority for the purposes of subsection (5) must not be inconsistent with—

(a) the strategic police priorities,

(b) the most recently approved strategic police plan,or

(c) any guidance or instructions issued to the chief constable by the Lord Advocate or a procurator fiscal in relation to the investigation or reporting of offences.

Delegation of chief constable’s functions

18

(1) The chief constable may direct or authorise any other constable to carry out any of the chief constable's functions.

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