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

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This is the original version (as it was originally enacted).

Staff of the Authority

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10(1)Subject to sub-paragraphs (6)(b) and (8)(a), the Authority may appoint other employees on such terms and conditions as the Authority determines.

(2)The Authority may make arrangements for constables of police forces to be seconded to the Authority to serve as members of its staff.

(3)The Authority may make arrangements for persons falling within sub-paragraph (4) to be seconded to the Authority to serve as members of its staff.

(4)A person falls within this sub-paragraph if the person is a member of—

(a)a police force maintained under section 2 of the Police Act 1996 (c. 16);

(b)the metropolitan police force or of the City of London police force;

(c)the Police Service of Northern Ireland;

(d)the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Minister of Defence Police Act 1987 (c. 4);

(e)the British Transport Police;

(f)the Civil Nuclear Constabulary;

(g)the States of Jersey Police Force;

(h)the salaried police force of the Island of Guernsey;

(i)the Isle of Man Constabulary; or

(j)the Serious Organised Crime Agency.

(5)Sub-paragraph (6) applies if—

(a)a constable is seconded to the Authority under sub-paragraph (2); and

(b)the Authority does not appoint the constable to be a police member of the Agency in accordance with paragraph 7 of schedule 2.

(6)The constable—

(a)is engaged with the Authority on a period of relevant service within the meaning of section 38A(1)(bd) of the 1967 Act;

(b)is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and

(c)is under the direction and control of the Authority.

(7)Sub-paragraph (8) applies if—

(a)a person is seconded to the Authority under sub-paragraph (3); and

(b)the Authority does not appoint the person to be a police member of the Agency in accordance with paragraph 7 of schedule 2.

(8)The person—

(a)is, subject to sub-paragraph (10), appointed on such terms and conditions as the Authority may, with the approval of the Scottish Ministers, determine; and

(b)is under the direction and control of the Authority.

(9)A determination under sub-paragraph (6)(b) or (8)(a) may be made by reference to provision made from time to time by or under regulations under section 26 of the 1967 Act or section 23 of this Act.

(10)The Scottish Ministers may by order apply such provisions of the 1967 Act and subordinate legislation made under it (subject to such modifications as they consider appropriate) to—

(a)constables seconded to the Authority under sub-paragraph (2); or

(b)persons seconded to the Authority under sub-paragraph (3),

who are not appointed to be police members of the Agency in accordance with paragraph 7 of schedule 2.

(11)Before making an order under sub-paragraph (10) other than an order with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—

(a)submit a draft to the Police Advisory Board for Scotland; and

(b)consider any representations made by the Board as to the draft.

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