The Police Service of Scotland (Special Constables) 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 (Special Constables) Regulations 2013 and come into force on 1stApril 2013.

Interpretation

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• (1) In these Regulations—

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

• “the deputy chief constable” means the deputy chief constable designated under regulation 4 of the Police Service of Scotland (Conduct) Regulations 2013[^f00002];

• “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;

• “inquiry officer” means a constable who is selected under regulation 14;

• “misconduct” is construed in accordance with regulation 11;

• “misconduct officer” means a constable who is selected under regulation 16;

• “nominated officer” means a constable who is selected under regulation 13;

• “police force” means, except in relation to Schedule 3—a police force maintained under section 2(1) of the Police Act 1996[^f00003];a police force maintained before 1st April 2013 under the Police (Scotland) Act 1967[^f00004];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[^f00005] or, before the coming into force of that Act, comprising constables appointed under section 3 of the Special Constables Act 1923[^f00006] 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[^f00007], 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[^f00008];an aerodrome constabulary within the meaning given by section 31(1) of the Aviation Security Act 1982[^f00009];the States of Jersey Police Force;the salaried police force of the Island of Guernsey; andthe Isle of Man Constabulary;

• “seaman” has the same meaning as in section 313 of the Merchant Shipping Act 1995[^f00010]; and

• “special constable” means an individual appointed under section 9 of the 2012 Act.

• (2) Nothing in these Regulations is to be construed as retrospectively reducing any allowance payable to or in respect of any special constable.

PART 2 — GOVERNMENT

Restrictions on the private life of special 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 special constable, may be imposed by the chief constable on the private life of a special constable.

Business interests

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

• (2) If a special constable is likely to acquire a business interest that special constable must forthwith give written notice of that interest to the chief constable, unless that special constable has previously disclosed that interest to the chief constable.

• (3) An individual applying for appointment as a special constable must give written notice to the chief constable of any business interest which that individual has or is likely to acquire after appointment.

• (4) For the purposes of this regulation—

• (a) an individual or special constable is regarded as having a business interest if—

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

• (ii) that individual or special constable is employed in any occupation or holds any appointment;

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

• (c) “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 as a special constable

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• (1) A candidate for appointment as a special constable 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 of the State 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) satisfy the chief constable that he or she 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) give to the chief constable such information as to his or her current employment, previous history of employment or any other matter relating to his or her appointment as may be required ; and

• (h) 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 as a special constable must be given a notice in terms approved by the Scottish Ministers drawing attention to the terms and conditions of service.

• (3) An individual who is appointed as a special constable must not be appointed for a fixed term.

• (4) In this regulation “armed forces” means the naval, military or air forces of the Crown including any women’s service administered by the Defence Council.

• (5) 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.

Retirement

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• (1) A special constable who wishes to retire voluntarily must give such written notice of intention to retire to the chief constable as may be specified in a determination made by the Scottish Ministers or such shorter notice as may have been accepted by the chief constable.

• (2) Subject to paragraph (3), a special constable must retire at the age of 60 years.

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

Personal records

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• (1) The chief constable must maintain a personal record for each special constable.

• (2) The personal record must contain—

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

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

• (c) a personal description of the special constable;

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

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

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

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) a record of the special constable’s service in the Police Service, including postings, transfers, removals, injuries received, periods of illness, attendances at training courses, commendations, rewards, punishments, disposals and the date of the special constable ceasing to be a special constable with the reason, cause or manner thereof.

• (3) The chief constable must expunge from the personal record of a special constable—

• (a) any record of any disposal made by the misconduct officer under regulation 17(2)(e) after 3 years from the relevant date; and

• (b) any record of any other final disposals made under regulation 17 or 18, after 3consecutive years free, from the relevant date, of any such disposal being imposed on that special constable in relation to another matter.

• (4) Where any such record as is mentioned in paragraph (3) is expunged from a special constable’s record, so much of that personal record as relates to any such expunged record must be destroyed and a new part made out so as not to disclose that the expunged record existed.

• (5) A special constable is entitled to inspect his or her personal record.

• (6) Where a special constable ceases to be a special constable, that special constable’s personal record must be kept for such time as the chief constable thinks fit and must then be destroyed.

• (7) In this regulation “relevant date” means—

• (a) if the chief constable was not requested to review the matter in accordance with regulation 18, the date on which the disposal was, or disposals were, imposed on the special constable concerned by the misconduct officer; or

• (b) if the chief constable is requested to review the matter in accordance with regulation 18, the date on which the disposal was, or disposals were, imposed on the special constable concerned by the chief constable.

Personal record of special constable leaving the Police Service

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• (1) When a special constable ceases to be a special constable that special constable must be given a certificate setting out the period of that special constable’s service as a special constable in—

• (a) the Police Service; and

• (b) any police force.

• (2) The chief constable may append to the certificate any recommendation which the chief constable feels justified in giving in respect of that special constable’s service with the Police Service.

Fingerprints and samples

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• (1) All special constables must on appointment and in accordance with the directions of the chief constable have their fingerprints and a sample taken.

• (2) Fingerprints, samples or the information derived from samples of members of the Police Service taken in accordance with this regulation must be kept separate from the fingerprints, samples or the information derived from samples—

• (a) taken in accordance with—

• (i) sections 18[^f00011], 19[^f00012], 19A[^f00013] and 19AA[^f00014] of the Criminal Procedure (Scotland) Act 1995;

• (ii) section 56 of the Criminal Justice (Scotland) Act 2003[^f00015];

• (iii) in the case of fingerprints, section 87(5A)(b) of the Sexual Offences Act 2003[^f00016];

• (iv) in the case of samples or the information derived from samples, section 87(5A)(c) of the Sexual Offences Act 2003; or

• (b) otherwise lawfully taken and held by or on behalf of the Police Service or in connection with or as a result of an investigation of an offence.

• (3) Fingerprints and samples may only be taken for the purpose of enabling a check to be carried out against any other fingerprint, sample or information derived from a sample taken by or on behalf of the Police Service or in connection with or as a result of an investigation of an offence.

• (4) The fingerprints, samples or information derived from samples of a special constable taken in accordance with paragraph (1), and all copies and records thereof must be destroyed on that special constable ceasing to be a special constable of the Police Service.

• (5) In this regulation “sample” means—

• (a) a sample of hair, other than pubic hair, complete with roots;

• (b) saliva; or

• (c) a swab taken from the mouth.

PART 3 — DUTY

Duty

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• (1) The Scottish Ministers must determine—

• (a) the normal periods of duty of a special constable;

• (b) the periods allowed for refreshment; and

• (c) the circumstances in which travelling time may be treated as duty.

• (2) In making a determination under this regulation the Scottish Ministers may confer—

• (a) such functions on the chief constable as they think fit; and

• (b) a discretion on the chief constable to fix a limit on the travelling time which is to be treated as duty.

• (3) In this regulation “travelling time” means time spent by a special constable in travelling to and from that special constable’s home or place of employment to any place where that special constable is required to attend for the purpose of, or in connection with, carrying out his or her duties.

PART 4 — MISCONDUCT

Misconduct

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For the purposes of these Regulations, an act or omission of a special constable amounts to misconduct if it is conduct of a type mentioned in Schedule 2.

Preliminary procedures

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• (1) The deputy chief constable must prepare and maintain procedures for the consideration and handling of any report, complaint or allegation from which it may reasonably be inferred that an act, omission or an alleged act or omission of a special constable amounts, or may amount, to misconduct.

• (2) Where a report, complaint or allegation of the type specified in paragraph (1) has been received, the deputy chief constable may—

• (a) consider that report, complaint or allegation in the first instance and, unless regulation20 applies, decide whether an inquiry into the matter should take place; or

• (b) select a nominated officer to consider the report, complaint or allegation in the first instance who will, unless regulation 20 applies, decide whether an inquiry into the matter should take place.

• (3) Where it is decided that an inquiry into the report, complaint or allegation should not take place, the deputy chief constable or, if paragraph (2)(b) is applicable, the nominated officer may conclude the matter in accordance with any procedures set down by the deputy chief constable under paragraph (1).

• (4) Where it is decided that an inquiry into the report, complaint or allegation should take place, the deputy chief constable or, if paragraph (2)(b) is applicable, the nominated officer must select an inquiry officer to carry out an inquiry into the matter.

The nominated officer

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• (1) The nominated officer must be selected by the deputy chief constable.

• (2) The nominated officer must be a constable—

• (a) other than a special constable; and

• (b) holding such rank as the deputy chief constable considers to be appropriate.

• (3) The nominated officer must not be—

• (a) the chief constable;

• (b) a deputy chief constable;

• (c) any constable who the deputy chief constable considers is or appears to be a material witness to the complaint, report or allegation which has been received; or

• (d) any other constable who the deputy chief constable considers is or appears to be an interested party.

The inquiry officer

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• (1) The inquiry officer must be selected by the deputy chief constable or, if regulation12(2)(b) is applicable, the nominated officer.

• (2) The inquiry officer must be a constable of at least the rank of inspector.

• (3) The inquiry officer must not be—

• (a) the chief constable;

• (b) a deputy chief constable;

• (c) the misconduct officer;

• (d) any constable who the deputy chief constable or, if regulation 12(2)(b) is applicable, the nominated officer considers is or appears to be a material witness to the report, complaint or allegation which has been received; or

• (e) any other constable who the deputy chief constable or, if regulation 12(2)(b) is applicable, the nominated officer considers is or appears to be an interested party.

Inquiry procedure

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• (1) Subject to regulation 20, and unless it would be prejudicial to the carrying out of an inquiry, the inquiry officer must as soon as reasonably practicable after his or her selection give oral or written notice to the special constable concerned—

• (a) of the nature of the report, complaint or allegation;

• (b) that there is to be an inquiry into the report, complaint or allegation;

• (c) of that special constable’s right to make written or oral comments on the report, complaint or allegation but that any comments which are made may be used in evidence in relation to any misconduct matter considered in accordance with these Regulations; and