The Police (Scotland) Amendment (No.4) Regulations 1995

Made: 12th November 1995

Laid before Parliament: 22nd November 1995

Coming into force: 13th December 1995

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, after taking into consideration any representations made by the Police Advisory Board for Scotland following submission of a draft of the Regulations in accordance with section 26(9) of the said Act of 1967, and after taking into consideration the recommendations made by the Police Negotiating Board for the United Kingdom having furnished 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, commencement and interpretation

1

• (1) These Regulations may be cited as the Police (Scotland) Amendment (No.4) Regulations 1995.

• (2) These Regulations shall come into force on 13th December 1995.

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

Insertion of regulation 2A into the principal Regulations

2

After regulation 2 of the principal Regulations (ranks) there is inserted the following regulation:—

(2A) (1) A chief constable may, after consultation with the joint branch board and other bodies for the time being recognised by the Secretary of State for the purposes of section 47 of the Police Act 1964[^f00004], appoint persons to perform part-time service in any rank. (2) A person serving as a full-time constable of a police force may not be appointed to perform part-time service without his consent. (3) A person may be appointed under this regulation in the rank of constable only if he has, as a full-time constable of a police force, completed the period of probation in that rank that was required by regulation 11. (4) Any appointment under this regulation in any rank above that of sergeant may only be made on terms that provide for the holder to share with one other person appointed under this regulation in the rank in question the performance of duties that would otherwise fall to be performed by a single person appointed in that rank as a full-time constable of the force; if either of the persons sharing the duties ceases to hold his appointment and is not replaced, the other continues to hold the rank in which he was appointed under this regulation but is to be treated as having become a full-time constable of the force. (5) In this regulation “full-time constable” means a constable appointed otherwise than under this regulation. (6) In relation to persons appointed under this regulation to perform part-time service these Regulations have effect with the modifications set out in Schedule 1B.

Amendment of regulation 30 of the principal Regulations

3

Regulation 30(2) of the principal Regulations[^f00005] is amended by inserting after sub-paragraph (d) of the proviso the following sub-paragraph:—

(e) any service performed pursuant to an appointment under regulation 2A (part-time appointments) shall be multiplied by the factor which was the appropriate factor within the meaning of regulation 1(6) or (7) as it applied to him by virtue of paragraph 1 of Schedule 1B,

Insertion of Schedule 1B into the principal Regulations

4

After Schedule 1A to the principal Regulations[^f00006], there is inserted the Schedule 1B set out in the Schedule to these Regulations.

SCHEDULE

Signed

James Douglas-Hamilton — Minister of State, Scottish Office — 12th November 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Police (Scotland) Regulations 1976 (“the principal Regulations”).

These Regulations make provision for part-time service of constables of police forces maintained in Scotland by inserting a new regulation 2A and a new Schedule 1B into the principal Regulations. Regulation 2A authorises chief constables to make part-time appointments, and applies the principal Regulations to part-time appointees with the modification set out in Schedule 1B.

Regulation 3 scales down part-time service for pay and leave purposes.

The new Schedule 1B inserted by regulation 3 of, and the Schedule to, these Regulations makes a number of detailed modifications to the principal Regulations in their application to part-time appointees. The main ones are as follows.

Part-time constables (who must have completed full-time probation before appointment) may be required to serve a further period of probation (paragraphs 2 and 3).

Part-time duty in ranks below superintendent is to be performed in accordance with general arrangements made by the chief constable after consulting the police authority and local staff associations, an individual’s normal period of duty during a duty roster period being a number of hours determined with his agreement by the chief constable (paragraph 4). That number divided by the hours that would be required of a full-time officer constitutes the “appropriate factor” (paragraph 1) to be used in calculating various entitlements; for ranks above sergeant the factor is one half, since in their case a part-time appointment involves the sharing of duties with one other officer (see new regulation 2A(4)). Examples of the use of the factor occur in paragraphs 7 and 9 (public holidays, rest days and monthly leave days); 10 (annual leave); 14(b) (senior ranks' pay); 16, 17, 18, 20 and 21 (various allowances).

Paragraph 5 provides for a more flexible system of duty rosters and introduces “free days” in addition to rest days; paragraphs 6, 7, 8, 11 and 12 make modified provision for, respectively, overtime payments, payments for working on public holidays and rest and free days, travelling time; sick leave and maternity leave; paragraph 14(a) converts lower ranks' annual pay to hourly equivalents.

Footnotes

[^f00001]: 1967 c. 77; section 26(9) was amended by the Police Negotiating Board Act 1980 (c. 10), section 2(4); section 26(1A) and (10) were inserted by the Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”), section 111 and section 26(7) was amended by the 1984 Act, Schedule 6, paragraph 32; section 26(1) was amended by the Police and Magistrates' Courts Act 1994 (c. 29) (“the 1994 Act”), section 53(1); section 26(2) was amended by the 1994 Act, section 47(5) and Schedule 9; section 26(2A) to (2C) were inserted by the 1994 Act, section 52(3); section 26(5A) was inserted by the 1994 Act, section 53(1); section 26(7) was repealed by the 1994 Act, section 52(4) and Schedule 9.

[^f00002]: 1980 c. 10.

[^f00003]: S.I. 1976/1073; relevant amendments are S.I. 1977/1016, 1977/2008, 1980/1050, 1981/1679, 1982/1113, 1982/1628, 1983/1354, 1985/111, 1985/1325, 1985/1733, 1987/423, 1988/1501, 1989/2222, 1990/1312, 1992/3170, 1993/3081, 1994/2231, 1995/137 and 1995/596.

[^f00004]: 1964 c. 48.

[^f00005]: Regulation 30(2) was amended by S.I. 1982/1628 and 1995/137.

[^f00006]: Schedule 1A was inserted by S.I. 1993/3081.

[^f00007]: Regulation 11(2) was amended by S.I. 1992/3170.

[^f00008]: Regulation 21A was inserted by S.I. 1985/1325 and amended by S.I. 1987/423 and 1994/2231.

[^f00009]: Regulation 22 was substituted by S.I. 1985/1325.

[^f00010]: Regulation 23 was substituted by S.I. 1985/1325 and amended by S.I. 1987/423, 1988/1501, 1994/2231 and 1995/596.

[^f00011]: Regulation 24 was amended by S.I. 1985/1325.

[^f00012]: Regulation 25 was amended by S.I. 1980/1050 and 1985/1733.

[^f00013]: Regulation 27 was amended by S.I. 1981/1679, 1982/1113 and 1989/2222.

[^f00014]: Regulation 28 was amended by S.I. 1980/1050 and 1988/1501.

[^f00015]: Regulation 28A was inserted by S.I. 1994/2095.

[^f00016]: Regulation 30 was amended by S.I. 1982/1628, 1985/111 and 1995/137.

[^f00017]: Regulation 30A was inserted by S.I. 1982/1628.

[^f00018]: Regulation 50 was amended by S.I. 1985/1325.

[^f00019]: Regulation 51 was amended by S.I. 1977/2008, 1989/2222 and 1994/2231.

[^f00020]: Regulation 52 was substituted by S.I. 1988/1501.

[^f00021]: Schedule 5 was substituted by S.I. 1977/1016 and amended by S.I. 1983/1354 and 1985/1733.

[^f00022]: Relevant amendment is S.I. 1990/1312.