The Police Service of Scotland (Police Cadets) 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.

Citation and commencement

1

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

Police cadets

2

• (1) The Regulations mentioned in the Schedule, so far as not already revoked, are revoked.

• (2) Notwithstanding paragraph (1), the Regulations mentioned in Part 2 and, so far as provided there, in Part 3 of the Schedule continue to have effect on and after 1st April 2013, subject to the modifications in paragraph (3).

• (3) The Police Cadets (Scotland) Regulations 1968[^f00002] are modified as follows—

• (a) in regulation 1(4)—

• (i) for paragraph (a) substitute—

(a) any reference to the police force to which a police cadet is attached is a reference to the Police Service of Scotland; and in relation to a police cadet any reference to the chief constable, deputy chief constable, an assistant chief constable or the police authority is a reference to the chief constable, a deputy chief constable or assistant chief constable of the Police Service of Scotland or the Scottish Police Authority, as the case may be;

; and

• (ii) in paragraph (d) for the definition of “constable” substitute—

• “constable” means a constable, other than a special constable appointed under section9 of the Police and Fire Reform (Scotland) Act 2012, serving with the Police Service of Scotland;

• (b) omit regulation 5(2);

• (c) for the table in Schedule 1 substitute—

; and

• (d) in Schedule 2 for “£708” substitute “£1047”.

• (4) The Regulations listed in Parts 2 and 3 of the Schedule are to be regarded for all purposes as if they had been made under section 48 of the Police and Fire Reform (Scotland) Act 2012.

• (5) A police cadet’s contract of employment has effect on and after 1st April 2013 as if originally made between the police cadet and the Scottish Police Authority.

• (6) The rights, powers, duties and liabilities of the relevant authority under or in connection with the contract of employment transfer to the Scottish Police Authority on 1st April 2013.

• (7) Anything done before 1st April 2013 by or in relation to the relevant authority in respect of the contract of employment or the police cadet is to be treated on and after that date as having been done by or in relation to the Scottish Police Authority.

• (8) If, before 1st April 2013, a police cadet has informed the relevant authority that the police cadet does not wish to become an employee of the Scottish Police Authority—

• (a) paragraphs (5) to (7) do not apply in relation to the police cadet; and

• (b) the police cadet’s contract of employment is terminated on 1st April 2013.

• (9) Nothing in this regulation affects any right of a police cadet to terminate the police cadet’s contract of employment if a substantial detrimental change in the police cadet’s working conditions is made.

• (10) No such right arises by reason only that, by virtue of this regulation, the identity of the police cadet’s employer changes.

• (11) In this regulation—

• “joint police board” means a joint police board constituted by an amalgamation scheme made under the Police (Scotland) Act 1967[^f00003];

• “police authority” means a police authority established under section 2 of the Police (Scotland) Act 1967; and

• “relevant authority” means the joint police board or police authority which employs the police cadet concerned immediately before 1st April 2013.

SCHEDULE

PART 1 — INSTRUMENTS REVOKED

PART 2 — INSTRUMENTS REVOKED WITH SAVING

PART 3 — INSTRUMENT REVOKED WITH PARTIAL SAVING

1

The Police (Minimum Age for Appointment) (Scotland) Regulations 2006[^f00004] so far as they amend the Police Cadets (Scotland) Regulations 1968.

Signed

KENNY MACASKILL — A member of the Scottish Government — 6th February 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision in respect of police cadets of the Police Service of Scotland.

Regulation 2 and the Schedule revoke all the subordinate legislation in relation to police cadets which was made under the Police (Scotland) Act 1967. Regulation 2(2) saves the Police Cadets (Scotland) Regulations 1968 and associated Regulations that make amendments which had effect immediately before the coming into force of these Regulations. The Police Cadets (Scotland) Regulations 1968 are modified by regulation 2(3) so that they may continue to operate in relation to the Police Service of Scotland. Paragraph (3) also increases the pay and board allowance. Transitional provision is made in paragraphs (5) to (10) in relation to those police cadets who are transferred to the Police Service of Scotland under the Police and Fire Reform (Scotland) Act 2012.

Footnotes

[^f00001]: 2012 asp 8.

[^f00002]: S.I. 1968/208; as amended by S.I. 1969/1820, 1970/424, 1971/185, 1972/778, 1974/1248, 1976/621, 1978/999, 1982/1768, 1983/318, 1984/2029, 1987/1878, 1997/2791 and S.S.I. 2006/552.

[^f00003]: 1967 c.77.

[^f00004]: S.S.I. 2006/552.

Editorial notes

[^key-18c967bb3817bc0111152633eb1e693e]: Reg. 1 in force at 1.4.2013, see reg. 1

[^key-63cf38d94e6f1f1ec76c6bfb4142a5c7]: Sch. Pt. 1 in force at 1.4.2013, see reg. 1

[^key-df646fa3c24a608d6a39fd2aa049ab29]: Sch. Pt. 2 in force at 1.4.2013, see reg. 1

[^key-d7fb3ef69c3abbaef754e00ec1e140e3]: Reg. 2 in force at 1.4.2013, see reg. 1

[^key-2de31aa4f006b817e8d401dab892493d]: Sch. Pt. 3 para. 1 in force at 1.4.2013, see reg. 1

[^key-31cfafed895f5ed2713df3631cef2264]: Word in Sch. Pt. 3 para. 1 inserted (18.5.2013) by The Police Service of Scotland (Amendment) (No. 2) Regulations 2013 (S.S.I. 2013/125), regs. 1, 3(2)