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Police and Fire Reform (Scotland) Act 2012

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This is the original version (as it was originally enacted).

Constables to continue to hold office and rank

This section has no associated Explanatory Notes

3(1)Sub-paragraphs (2) to (6) apply to an individual who, immediately before the appointed day, holds the office of constable by virtue of being appointed in accordance with the 1967 Act (including any individual who, immediately before that day, is engaged in service which is “relevant service” for the purposes of section 38A of the 1967 Act).

(2)An individual to whom this sub-paragraph applies is, on and after the appointed day—

(a)to hold the office of constable,

(b)to be treated as having made the declaration required by section 10, and

(c)to otherwise be treated as having been appointed in accordance with this Act as a constable of the Police Service.

(3)Paragraphs 6 to 8 make provision for the transfer of an individual to whom this sub-paragraph applies on the appointed day.

(4)Subject to paragraphs5(2) and (4) and 8(6), an individual to whom this sub-paragraph applies is, on the appointed day, to be transferred in accordance with this schedule at the same rank as the individual holds immediately before the appointed day.

(5)Sub-paragraph (4) does not affect any temporary promotion arrangements which are in place immediately before the appointed day.

(6)Any contractual terms on which an individual to whom this sub-paragraph applies is appointed to serve as a constable to a police force (for example, in relation to fixed periods of tenure of constables holding the rank of superintendent or above) are, on and after the appointed day, to have effect as if the appointment were originally an appointment to serve as a constable of the Police Service.

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