The Police (Scotland) Amendment Regulations 1994

Made: 3rd August 1994

Laid before Parliament: 10th August 1994

Coming into force: 31st August 1994

The Secretary of State, in exercise of the powers conferred on him by section 26 of the Police (Scotland) Act 1967[^f00001], and of all other powers enabling him in that behalf, and after taking into consideration the recommendations made by the Police Negotiating Board for the United Kingdom and furnishing the said Board with a draft of the Regulations in accordance with section 2(1) of the Police Negotiating Board Act 1980[^f00002], hereby makes the following Regulations:

Citation

1

These Regulations may be cited as the Police (Scotland) Amendment Regulations 1994.

Commencement

2

These Regulations shall come into force on 31st August 1994 but shall have effect–

• (a) for the purposes of regulation 5(a) and (b) as from 1st April 1993;

• (b) for the purposes of regulations 6 and 7 as from 1st September 1993; and

• (c) for the purposes of regulation 5(c) as from 1st April 1994.

Interpretation

3

In these Regulations “the principal Regulations” means the Police (Scotland) Regulations 1976[^f00003].

Paternity Leave

4

The principal Regulations shall be amended by inserting after regulation 28 (maternity leave)–

(28A) (1) So far as the exigencies of duty permit, a male constable shall be granted 2 days' paternity leave during the relevant part of a woman’s maternity period. (2) A woman’s maternity period is one beginning with the later of– (a) the date on which she is certified by a registered medical practitioner to be pregnant, and (b) the date 6 months before the one estimated by that practitioner as being the probable date of birth, and ending 9 months after the birth of the child. (3) The relevant part of a woman’s maternity period is any part during which– (a) the constable is married to and not separated from her, or (b) they are not married to each other but are living together as husband and wife.

Removal allowance

5

Regulation 47 (removal allowance) of the principal Regulations shall be amended as follows:–

• (a) in paragraph (1)(d)–

• (i) by substituting for the words from “his payments” to “rent payable” the words “payments made by him to meet relevant liabilities”, and

• (ii) by deleting the words from “up to an amount” to “before the move”; and

• (b) by inserting after paragraph (2)–

(2A) For the purposes of paragraph (1)(d) relevant liabilities are– (a) liabilities in respect of mortgage interest or rent payable in connection with his former home; and (b) in respect of any days in respect of which he is liable to pay council tax in respect of his former home, the amount by which that tax and any council tax he is liable to pay in respect of his new home exceeds the council tax that he would have been liable to pay in respect of his former home if he had not moved from it.

• (c) by substituting, in paragraph (6)[^f00004], for the sum “£1,290” the sum “£1,315”.

Scales of pay

6

Schedule 3 to the principal Regulations (scales of pay)[^f00005] shall be amended by substituting, for, respectively, Tables A and B, the Tables A and B set out in Schedule 1 to these Regulations.

Dog handler’s allowance

7

Paragraph 1(1) of Schedule 10 to the principal Regulations (dog handler’s allowance)[^f00006], shall be amended by substituting, for, respectively, the sums “£915” and “£1,251”, the sums “£930” and “£1,269”.

Transitional provision

8

• (1) In a case in which–

• (a) a child was born, or

• (b) if regulation 4 above had had effect from 12th January 1993 a woman’s maternity period would have begun,

after 11th January 1993 but before 31st August 1994, regulation 28A of the principal Regulations shall be treated as applying but with the modifications specified in paragraphs (2) and (3) below.

• (2) If the maternity period would not have ended before 31st August 1994, it is to be treated as beginning with that date.

• (3) In any other case, the maternity period is to be treated as ending 6 weeks after 31st August 1994.

Revocations

9

The Regulations specified in column 1 of Schedule 2 to these Regulations are hereby revoked to the extent specified in column 3 of that Schedule.

SCHEDULE 1

SCHEDULE 2 — REVOCATIONS

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 3rd August 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Police (Scotland) Regulations 1976 (“the principal Regulations”). They come into force on 31st August 1994 but have effect for the purposes of regulation 5(a) and (b) as from 1st April 1993, regulations 6 and 7 as from 1st September 1993 and regulation 5(c) as from 1st April 1994. Retrospection is authorised by section 26(3) of the Police (Scotland) Act 1967.

Regulation 4 makes provision for the grant of paternity leave. Regulation 8 makes transitional provision enabling leave to be granted in some cases, after the commencement of these Regulations, in relation to births that occurred, and pregnancies certified, after 11th January 1993 but before commencement.

Regulation 5(a) and (b) provides that where council tax is payable by an officer on both his former home and his new home the police authority are to reimburse the excess of the combined tax payments over the tax that would have been payable on the former home if he had continued to occupy it. Regulation 5(c) increases the maximum amount payable in respect of removal allowance from £1,290 to £1,315.

Regulation 6 provides for increases in the rates of pay of police constables, sergeants, inspectors and chief inspectors.

Regulation 7 provides for an increase in the rates of the dog handler’s allowance.

Footnotes

[^f00001]: 1967 c. 77; section 26(9) was amended by section 2(4) of the Police Negotiating Board Act 1980 (c. 10); section 26(1A) and (10) were inserted by section 111(1) of the Police and Criminal Evidence Act 1984 (c. 60).

[^f00002]: 1980 c. 10.

[^f00003]: S.I. 1976/1073; relevant amending instruments are S.I. 1981/67, 1985/1733, 1990/469, 1992/1432, 1992/3170 and 1993/3081.

[^f00004]: The sum specified in regulation 47(6) was substituted by S.I. 1993/3081.

[^f00005]: Tables A and B in Schedule 3 were substituted by S.I. 1992/3170.

[^f00006]: The sum specified in paragraph 1(1) of Schedule 10 was substituted by S.I. 1992/3170.