The Police Service of Scotland Regulations 2013

Made: 6th February 2013

Laid before the Scottish Parliament: 8th February 2013

Coming into force: 1st April 2013

In accordance with section 54(2) of that Act, they have consulted and shared a draft of the Regulations with the persons mentioned in section 54(2)(a)(i) to (vi) and have considered any representations made.

PART 1 — COMMENCEMENT AND INTERPRETATION

Citation and commencement

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These Regulations may be cited as the Police Service of Scotland Regulations 2013 and come into force on 1st April 2013.

Interpretation and application

2

• (1) In these Regulations—

• “the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;

• “Conduct Regulations” means the Police Service of Scotland (Conduct) Regulations 2014 and the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013[^f00003];

• “EEA State” means—a State which is a member State of the EU; orany other State which is a party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993;

• “police force”, except where the context otherwise requires, means—a police force maintained before 1st April 2013 under the Police (Scotland) Act 1967[^f00004];a police force maintained under section 2(1) of the Police Act 1996[^f00005];the metropolitan police force;the City of London police force;the Police Service of Northern Ireland;the British Transport Police Force;the Ministry of Defence Police, that is to say the force established by section 1 of the Ministry of Defence Police Act 1987[^f00006] or, before the coming into force of that Act, comprising constables appointed under section 3 of the Special Constables Act 1923[^f00007] on the nomination of the Defence Council;the Port of Tilbury Constabulary or before the coming into force of the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992[^f00008], the Port of London Authority’s police force, that is to say the force of constables appointed under section 154 of the Port of London Act 1968[^f00009];an aerodrome constabulary within the meaning given by section 31(1) of the Aviation Security Act 1982[^f00010];the States of Jersey Police Force;the salaried police force of the Island of Guernsey; andthe Isle of Man Constabulary;

• “qualifying diploma” has the same meaning as in the Police Service of Scotland (Promotion) Regulations 2013[^f00011];

• “qualifying examination” means qualifying examination A (elementary), qualifying examination A (advanced), qualifying examination B or qualifying examination C as defined in regulation 2(1) of those Regulations;

• “representative bodies” means the Police Federation for Scotland and all bodies for the time being recognised by the Scottish Ministers for the purposes of section 64 of the Police Act 1996[^f00012]; and

• “seaman” has the same meaning as in section 313 of the Merchant Shipping Act 1995[^f00013].

• (2) These Regulations apply to constables of the Police Service, other than—

• (a) constables so far as any regulations made under section 15(3) of the 2012 Act so provide;

• (b) constables engaged on temporary service under arrangements made under section 16 of the 2012 Act; or

• (c) special constables appointed under section 9 of the 2012 Act.

PART 2 — GOVERNMENT

Part-time appointments

3

• (1) The chief constable may ... appoint constables to perform part-time service in any rank.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A constable appointed to perform part-time service may not be appointed to serve as a full-time constable without that constable’s consent.

• (4) A constable appointed to perform part-time service immediately after serving as a full-time constable may give notice in writing of that constable’s intention to be re-appointed as a full-time constable and is to be so appointed—

• (a) within one month of the date the notice is received by the chief constable, where the chief constable has a suitable vacancy; or

• (b) in all other cases, no later than 3 months after the day the notice was received.

• (5) A constable serving as a full-time constable may not be appointed to perform part-time service without that constable’s consent.

• (6) In this regulation “full-time constable” means a constable appointed otherwise than under this regulation.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on the private life of constables

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• (1) Schedule 1 has effect.

• (2) No other restrictions except those designed to secure the proper exercise of the functions of a constable may be imposed by the Authority or the chief constable on the private life of constables.

Business interests

5

• (1) A constable must not have a business interest without the consent of—

• (a) the Authority, in the case of a senior officer;

• (b) the chief constable, in the case of any other constable, provided that, in the case of any such constable in whose case the chief constable has an interest otherwise than as chief constable, the chief constable must refer the matter to the Authority for it to consider whether to consent.

• (2) If a constable acquires or is likely to acquire a business interest, the constable must forthwith give written notice of that interest to the chief constable or, in the case of a senior officer, the Authority.

• (3) If a constable has a business interest and is appointed to the office of chief constable, deputy chief constable or assistant chief constable, the constable must forthwith give written notice of that interest to the Authority unless the constable has previously disclosed that interest to the Authority.

• (4) An individual applying for appointment to the Police Service, other than an individual referred to in paragraph (5), must give written notice to the chief constable of any business interest which that individual has or is likely to acquire after appointment.

• (5) An individual applying for appointment to the office of chief constable, deputy chief constable or assistant chief constable must give written notice to the Authority of any business interest which that individual has or is likely to acquire after appointment.

• (6) An individual or constable is regarded as having a business interest if—

• (a) that individual or constable carries on any business or holds any office or employment for hire or gain (otherwise than as a constable) in the United Kingdom;

• (b) that individual or constable resides at any premises where any member of that individual’s or constable’s family keeps a shop or carries on any like business in Scotland;

• (c) that individual or constable holds, or any member of that individual’s or constable’s family living with that individual or constable holds, any licence, certificate or permit granted in pursuance of the laws relating to liquor licensing or betting and gaming or regulation of places of public entertainment in Scotland or has any pecuniary interest in such licence, certificate or permit; or

• (d) that individual’s or constable’s spouse (not being separated from that individual or constable), civil partner (not being separated from that individual or constable) or cohabitant (not being separated from that individual or constable) keeps a shop or carries on any like business in Scotland.

• (7) For the purposes of this regulation—

• (a) “member of that individual’s or constable’s family” includes parent, son, daughter, dependant, brother, sister, spouse (not being separated from that individual or constable), civil partner (not being separated from that individual or constable) or cohabitant (not being separated from that individual or constable); and

• (b) “cohabitant” means a member of a couple consisting of—

• (i) a man and a woman who are living together as if they were husband and wife; or

• (ii) two individuals of the same sex who are living together as if they were civil partners.

Qualifications for appointment to the Police Service

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• (1) A candidate for appointment to the Police Service must—

• (a) produce satisfactory references as to character, and, if that candidate has served in any police force, in the armed forces, in the civil service or as a seaman, produce satisfactory proof of good conduct while so serving;

• (b) have attained the age of 18 years;

• (c) be certified by a registered medical practitioner approved by the Authority to be fitted both physically and mentally to perform the duties on which that candidate will be employed after appointment;

• (d) meet the standard of eyesight determined by the Scottish Ministers;

• (e) if the Scottish Ministers have determined a standard, meet the standard of hearing so determined;

• (f) if a candidate for appointment in the rank of constable, satisfy the chief constable that that candidate is sufficiently educated, including being sufficiently competent in written and spoken English and sufficiently numerate, by passing an assessment to a standard approved by the chief constable and the Scottish Ministers after consultation with those persons mentioned in section 54(2)(a)(i) to (vi) of the 2012 Act;

• (g) if a candidate for appointment in the rank of sergeant, or inspector, be qualified for promotion to such rank in accordance with the provisions of the Police Service of Scotland (Promotion) Regulations 2013[^f00014]; ...

• (h) give such information as may be required as to the candidate’s previous history or employment or any other matter relating to the candidate’s appointment to the Police Service ; and

• (i) if not a national of the United Kingdom or an EEA State, have leave to enter or remain in the United Kingdom for an indefinite period.

• (2) A candidate for appointment to the Police Service must be given a notice in terms approved by the Scottish Ministers drawing attention to the terms and conditions of service.

• (3) For the purposes of this regulation—

• (a) “armed forces” means the naval, military or air forces of the Crown including any women’s service administered by the Defence Council; and

• (b) “police force” includes the Civil Nuclear Constabulary.

• (4) For the purposes of this regulation, “national of the United Kingdom” means—

• (a) a British citizen;

• (b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

• (c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.

Appointment of senior officers

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• (1) Subject to regulation 6, an individual may not be appointed to the office of chief constable or qualified for appointment to the office of deputy chief constable or assistant chief constable unless that individual holds or has held such rank, and for such period, as the Scottish Ministers must determine in respect of such appointments.

• (2) The Scottish Ministers may determine any other requirements that must be satisfied in respect of such appointments and temporary appointments under paragraph (6) and the Authority may determine any additional requirements that must be satisfied in respect of any particular appointment.

• (3) An appointment to the office of chief constable or deputy chief constable must be for a fixed term and the Scottish Ministers must determine the range within which a fixed term must fall and the circumstances in which a fixed term appointment may be extended.

• (4) Paragraph (3) is without prejudice to—

• (a) any provision whereby a term of appointment comes to an end on—

• (i) promotion;

• (ii) dismissal; or

• (iii) the conclusion of disciplinary proceedings; and

• (b) regulation 10.

• (5) Subject to paragraph (6), appointment to any office or rank below deputy chief constable must not be for a fixed term.

• (6) A constable who is required to perform the duties of a deputy chief constable or an assistant chief constable may be temporarily appointed to that office for such period and on such conditions as the Authority may determine and, in relation to a constable to be temporarily appointed as deputy chief constable, any determination made under paragraph (3) does not apply.

• (7) The Scottish Ministers must determine the circumstances in which a vacancy in the office of a senior officer must be advertised; if a vacancy is to be advertised, the advertisement must contain such detail and be published in such manner as the Scottish Ministers may determine. The Scottish Ministers may determine that no appointment is to be made until after a date to be specified in the advertisement.

Probationary service in the rank of constable

8

• (1) Subject to paragraphs (2) and (3), a constable appointed in the rank of constable, other than a constable who has served with a police force having completed the required period of probation therein, is on probation for such period as the Scottish Ministers must determine in respect of such appointments.

• (2) A determination under paragraph (1) may provide for the chief constable to have discretion to determine the required period in a particular case.

• (3) For the purposes of a determination under paragraph (1), the periods to be counted or disregarded in reckoning service are such as may be determined by the Scottish Ministers.

• (4) In this regulation “police force” means—

• (a) a police force maintained under section 2(1) of the Police Act 1996[^f00015];

• (b) the metropolitan police force;

• (c) the City of London police force;

• (d) the Police Service of Northern Ireland;

• (e) the British Transport Police Force;

• (f) the States of Jersey Police Force;

• (g) the salaried police force of the Island of Guernsey; and

• (h) the Isle of Man Constabulary.

Discharge of probationer

9

• (1) Subject to the provisions of this regulation, during a constable’s period of probation the services of that constable may be dispensed with at any time by written notice given by the chief constable if the chief constable considers that that constable is not fitted, physically or mentally, to perform the duties of the office of constable, or that that constable is not likely to become an efficient or well conducted constable.

• (2) A constable whose services are dispensed with under this regulation is to be—

• (a) informed in writing of the provisions of paragraph (3); and

• (b) entitled to receive a month’s notice or a month’s pay in lieu thereof.

• (3) A constable’s services are not dispensed with in accordance with this regulation and any notice given for the purposes thereof ceases to have effect if that constable gives written notice to the Authority of that constable’s intention to retire and retires in pursuance of the said notice on or before the date on which that constable’s services would otherwise be dispensed with; and such a notice taking effect on that date must be accepted by the Authority notwithstanding that less than a month’s notice is given.

• (4) Where a constable has received a notice under this regulation that the services of the constable are to be dispensed with and that constable gives written notice of intention to retire and retires under paragraph (3), that constable is nevertheless entitled to receive pay up to and until the date on which the month’s notice that constable has received would have expired or where that constable has received or is due to receive a month’s pay in lieu of notice that constable remains entitled to that pay notwithstanding the notice that constable has given under paragraph (3).

Retirement

10

Constables may retire in such circumstances as must be determined by the Scottish Ministers, and in making such a determination the Scottish Ministers may require such notice of intention to retire as may be specified in the determination, or such shorter notice as may have been accepted by the Authority, to be given to the Authority.

Personal records

11

• (1) The chief constable must cause a personal record of each constable to be kept.

• (2) The personal record must contain—

• (a) the home address of, and a contact telephone number (if any) for, the constable;

• (b) a photograph not more than 10 years old of the constable taken in accordance with the directions of the chief constable and at the expense of the Authority;

• (c) a personal description of the constable;

• (d) particulars of the constable’s place and date of birth;

• (e) particulars of the constable’s marriage or civil partnership (if any) and children and other dependants (if any) or, where none, particulars of the constable’s next of kin;

• (f) a record of the constable’s service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service or as a seaman;

• (g) a record of the constable’s service (if any) in any police force including previous service with the Police Service (if any);

• (h) a record of whether the constable—

• (i) passed or failed to pass any qualifying examination at which the constable was a candidate;

• (ii) obtained or failed to obtain any qualifying diploma; and

• (i) a record of the constable’s service in the Police Service, including particulars of all promotions, changes of pay , periods of part-time service including the start and end date of any such period and the determined hours specified under the constable’s part-time appointment, postings, transfers, removals, injuries received, periods of illness, attendances at training courses, commendations, rewards, punishments, disposals other than cautions, and the date of the constable ceasing to be a constable of the Police Service with the reason, cause or manner thereof.

• (3) The chief constable must cause to be expunged from the personal record—

• (a) any record of a disposal made in terms of the Police (Conduct) (Scotland) Regulations 1996[^f00016] after 3 years free from any disposal other than a caution;