The Police (Scotland) Amendment Regulations 2009

Made: 28th October 2009

Laid before the Scottish Parliament: 29th October 2009

Coming into force: 10th December 2009

In accordance with section62(1A) of the Police Act 1996[^f00002], they have taken into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and have supplied the Board with a draft of the Regulations.

Citation and commencement

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These Regulations may be cited as the Police (Scotland) Amendment Regulations 2009 and come into force on 10th December 2009.

Amendments of the Police (Promotion) (Scotland) Regulations 1996

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• (1) The Police (Promotion) (Scotland) Regulations 1996[^f00003] are amended as follows.

• (2) In regulation 1(2) (citation, commencement and interpretation) in the definition of “qualifying examination” for “on and after 1st March 1996” substitute “during the period beginning on 1st March 1996 and ending on 9th December 2009”.

• (3) In regulation 2 (qualification for promotion) omit paragraph (2).

• (4) In regulations 8(2) (recognition of service and examinations in certain police forces) and 9 (recognition of examinations in the British Transport Police) omit the words “the qualifying examination or” where they occur.

Amendment of the Police (Special Constables) (Scotland) Regulations 2008

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• (1) The Police (Special Constables) (Scotland) Regulations 2008[^f00004] are amended as follows.

• (2) In regulation2(1) (interpretation) in the definition of “inquiry officer” for “regulation 20” substitute “regulation 19”.

• (3) In regulation8 (retirement)—

• (a) in paragraph(2) after “Subject to” insert “paragraph(3) and”; and

• (b) after paragraph(2) insert—

(3) The chief constable may postone the time at which a special constable must retire under paragraph(2).

Amendment of the Police (Scotland) Regulations 2004

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• (1) The Police (Scotland) Regulations 2004[^f00005] are amended as follows.

• (2) In regulation11(3) (appointment of senior officers) for “a senior officer rank” substitute “the rank of chief constable or deputy chief constable”.

• (3) In regulation 31 (deductions from pay of social security benefits and statutory sick pay) after paragraph (1)(b) insert—

(c) any contributory employment and support allowance to which he is entitled under the Welfare Reform Act 2007[^f00006],

Consequential provision

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• (1) A person who at the time these Regulations come into force holds the rank of assistant chief constable in a police force shall cease to hold that rank subject to a fixed term.

• (2) Paragraph(1) is without prejudice to any provision whereby a term of appointment comes to an end on retirement, promotion, dismissal, resignation, the conclusion of disciplinary proceedings or transfer to another police force.

Signed

KENNY MACASKILL — A member of the Scottish Executive — 28th October 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Police (Promotion) (Scotland) Regulations 1996 (S.I.1996/221) (“the 1996 Regulations”), the Police (Special Constables) (Scotland) Regulations 2008 (S.S.I.2008/117) (“the 2008 Regulations”) and the Police (Scotland) Regulations 2004 (S.S.I.2004/257) (“the 2004 Regulations”).

Regulation 2 amends the 1996 Regulations so that qualifying examinations will no longer take place and the only formal means to obtain a new qualification for eligibility for promotion is by way of qualifying diploma. Any constable who passed the qualifying examination on or before 9thDecember 2009 will continue to be eligible for promotion after that date. Recognition of examinations or courses passed by police officers from other forces continues but they are now deemed to be equivalent to a pass in the qualifying diploma.

Regulation3(2) corrects an erroneous cross reference in the definition of an “inquiry officer” in regulation 2 of the 2008 Regulations.

Regulation3(3) amends regulation8 of the 2008 Regulations so that the chief constable can postpone the retirement of a special constable beyond the age of 60years.

Regulation 4 amends regulations 11 and 31 of the 2004 Regulations to remove the requirement that assistant chief constables hold rank on a fixed term basis, and to add contributory employment and support allowance awarded under the Welfare Reform Act 2007 (c.5) to the list of social security benefits that are to be deducted from police pay. The effect is that the same amount as any payment of the allowance which is made to a member of a police force who is in receipt of full pay is deducted from the member’s salary.

Regulation5 makes consequential provision so that any member of a police force holding the rank of assistant chief constable at the time these Regulations come into force ceases to hold that rank on a fixed term basis, but will hold it subject to the normal rules on retirement, promotion, dismissal, resignation or transfer.

Footnotes

[^f00001]: 1967 c.77; section26(1) was amended by the Police and Magistrates’ Courts Act 1994 (c.29) (“the 1994 Act”), section53(1)(a); sections26(1A) and (10) were inserted by the Police and Criminal Evidence Act 1984 (c.60), section111; section26(2) was amended by the 1994 Act, sections47(5) and 52(2) and Schedule9, and by the Police Act 1996 (c.16) (“the 1996 Act”), section103 and Schedule7, paragraph14(2); sections26(2A) to (2C) were inserted by the 1994 Act, section52(3); section26(2A)(b) was amended by section75(4) of the Criminal Justice (Scotland) Act 2003 (asp7); section26(2C) was repealed by section101 and paragraph1(3) of schedule6 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10); section26(5A) was inserted by the 1994 Act, section53(1)(b); section26(7) was repealed by the 1994 Act, section52(4) and Schedule9; section26(8) was repealed by the Police Act 1969 (c.63), section4(8); section26(9) was amended by the Police Negotiating Board Act 1980 (c.10), section2(4) and by the 1996 Act, section103(1) and Schedule7, paragraph14(3). Section26 is modified by section17 of the Sex Discrimination Act 1975 (c.65). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: 1996 c.16; section62(1A) was inserted by S.I.1999/1820, article4 and Schedule2, paragraph124(b), and amended by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10), section101 and schedule6, paragraph5. A previous version of section62(1A) was repealed by the Criminal Justice and Police Act 2001 (c.16), section128 and Schedule6, paragraph77.

[^f00003]: S.I.1996/221; as amended by S.S.I.2004/257 and 2007/528.

[^f00005]: S.S.I.2004/257; to which there are no relevant amendments.

[^f00006]: 2007 c.5.