Police and Fire Reform (Scotland) Act 2012

SCHEDULE 4 Period before establishment of Police Service

(introduced by section 98(4))

1 This schedule applies during the period before the day on which the Police Service is established (being the day appointed under section 129(2) for the coming into force of section 6).

2 An appointment under section 7 has effect only where the individual has made the declaration set out in section 10 before a sheriff or justice of the peace.

3 An individual appointed under section 7—

(a) holds the office of constable,

(b) is to hold and vacate office on such terms and conditions as the Scottish Ministers may determine,

(c) has power to do anything that the individual considers appropriate in anticipation of—

(i) the establishment of the Police Service, or

(ii) the coming into force of any provision of this Act, and

(d) in the case of the chief constable, is accountable to the Authority.

4 Sections 18, 19, 21(1) and (2), 22 and 23 apply in relation to an individual who is so appointed as if those sections were in force.

5 Despite paragraph 2(1) of schedule 1, the Authority may consist of—

(a) the chairing member, or

(b) the chairing member and fewer than 10 other members.

6 It is for the Authority to hold the chief constable to account for the performance of senior officers’ functions.

7 The Authority may—

(a) pay remuneration and allowances to, and reimburse expenses reasonably incurred by, senior officers, and

(b) provide and maintain anything necessary or desirable in connection with the functions of senior officers.

8 The reference in section 4(1) to the Authority’s functions includes a reference to any functions which the Authority anticipates having by virtue of the coming into force of any provision of this Act.