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Police, Public Order and Criminal Justice (Scotland) Act 2006

Schedule 2: Membership of the Scottish Crime and Drug Enforcement Agency

244.Section 12(1)(a) provides for the appointment of a Director General and sub-paragraphs (1) and (2) of paragraph 1 of this schedule provide that the first Director General should be the Director of the SDEA in post when the Act comes into force and that the continuation of the current Director’s appointment should be until the expiry of the existing term. Subsequent Director Generals will be appointed by the Authority and sub-paragraph (3)(b) provides that the Director General may hold office for a term of three years and sub-paragraph (4) enables this term to be extended by the Authority by a single period not exceeding three years. Sub-paragraph (5) provides that a member of the Authority may not hold the office of Director General and sub-paragraph (6) makes it clear that only persons who already hold the rank of Deputy Chief Constable or who are eligible to apply for a post of that rank and satisfy any requirements Scottish Ministers may set out in regulations may be appointed to the post of Director General. An appointment to the post is deemed to be a promotion to the rank of Deputy Chief Constable by virtue of sub-paragraph (7). Sub-paragraph (8) gives the Scottish Ministers the power to change the rank of the Director General’s post by order made by statutory instrument subject to negative resolution procedure.

245.Section 12(1)(b) provides for the appointment of a Deputy Director General and sub-paragraphs (1) and (2) of paragraph 2 provide that the first Deputy Director General should be the Deputy Director of the SDEA in post when the Act comes into force and that the continuation of the current Deputy Director’s appointment should be until the expiry of the existing term. Subsequent Deputy Director Generals will be appointed by the Authority and sub-paragraph (3)(b) provides that the Deputy Director General may hold office for a term of three years and sub-paragraph (4) enables this term to be extended by the Authority by a single period not exceeding three years. Sub-paragraph (5) provides that a member of the Authority may not hold the office of Deputy Director General and sub-paragraph (6) makes it clear that only persons who already hold the rank of Assistant Chief Constable or who are eligible to apply for a post of that rank and satisfy any requirements Scottish Ministers may set out in regulations may be appointed to the post of Deputy Director General. An appointment to the post is deemed to be a promotion to the rank of Assistant Chief Constable by virtue of sub-paragraph (7). Sub-paragraph (8) gives the Scottish Ministers the power to change the rank of the Deputy Director General’s post by order made by statutory instrument subject to negative resolution procedure.

246.Paragraph 3 sets out the circumstances in which the appointment of the Director General or the Deputy Director General can be terminated or suspended. Sub-paragraph (1) gives the Authority the power to dismiss the Director General or Deputy Director General or require them to resign or retire on the grounds of efficiency, effectiveness or misconduct.

247.Paragraph 4 sets out the common appointment provisions in relation to both the Director General and Deputy Director General. These are that the post holders are appointed subject to such terms and conditions as Scottish Ministers may specify and on appointment become members of staff of the Authority. If the Director General or Deputy Director General is seconded from a Scottish police force they will be engaged on relevant service within the meaning of the Police (Scotland) Act 1967. If they are not so seconded they will on appointment be appointed to the office of constable of the Agency and will require to make a declaration as determined by Scottish Ministers in a similar manner to the directly recruited police members. Sub-paragraph (1) ensures that in setting the terms and conditions of appointment for the Director General and Deputy Director General of the Agency and determining their remuneration, the Authority is subject to any order which is made by Scottish Ministers under paragraph 9(1) of schedule 2.

248.Paragraph 6 provides that the Deputy Director General may carry out the functions of the Director General during any absence, incapacity or suspension from duty or during any vacancy in the office of Director General.

249.Paragraph 7 sets out that police members of the Agency will be appointed by the Authority after consultation with the Director General and may either be a secondee in accordance with paragraph 10(2) or 10(3) of schedule 1 or someone who is appointed to a police rank in the Agency in line with the Agency’s qualification for appointment regulations. Sub-paragraph (3) provides that a constable who is seconded will be on relevant service for the purposes of section 38A(1)(be) of the 1967 Act and will remain a member of staff of the Authority. Sub-paragraph (4) provides that a person who is seconded to the Authority from those police forces listed at schedule 1, paragraph 10(4) and appointed to the Agency will remain a member of staff of the Authority, will be appointed to the office of constable of the Agency and will require on appointment to make a declaration concerning the proper discharge of the duties of the office of constable.

250.Sub-paragraph (5) makes special provision for the police members of the Agency who are directly recruited. In particular these members are appointed to the office of constable of the Agency and they must make a similar declaration to that made by Scottish constables on appointment under section 16 of the 1967 Act. Sub-paragraph (6) provides that the directly recruited constables will have all the powers and privileges of a constable throughout Scotland. Sub-paragraph (7) ensures that in setting the terms and conditions of appointment for police members of the Agency, the Authority is subject to any order which is made by Scottish Ministers under paragraph 9(1) of schedule 2.

251.Paragraph 8 makes provision for the Authority to appoint support staff members to the Agency. The support staff members will be employees of the Authority and continue to be members of staff of the Authority, notwithstanding that they are also members of the Agency.

252.Under paragraph 9, the Scottish Ministers will have power by order made by statutory instrument to apply appropriate provisions of the 1967 Act or subordinate legislation made under it to the Director General, Deputy Director General and police members of the Agency. Sub-paragraph (2) provides that before making any such an order in respect of matters mentioned in section 61(1) of the Police Act 1996, Scottish Ministers must circulate a draft to the Police Advisory Board for Scotland and consider any comments they may make on the draft.

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