Criminal Justice (Scotland) Act 2016

CHAPTER 6 POLICE NEGOTIATING BOARD FOR SCOTLAND

113 Establishment and functions

(1) After section 55 of the Police and Fire Reform (Scotland) Act 2012 there is inserted—

“CHAPTER 8A POLICE NEGOTIATING BOARD FOR SCOTLAND

55A Establishment of the PNBS

(1) There is established a body to be known as the Police Negotiating Board for Scotland.

(2) Schedule 2A makes further provision about the Police Negotiating Board for Scotland.

(3) In this Chapter, the references to the PNBS are to the Police Negotiating Board for Scotland.

55B Representations about pay etc.

(1) The PNBS may make representations to the Scottish Ministers about—

(a) any draft regulations shared with it under section 54(1)(a),

(b) any draft determination of a kind mentioned in subsection (2),

(c) the matters mentioned in subsection (4) generally.

(2) The draft determination referred to in subsection (1)(b) is a draft of a determination to be made by the Scottish Ministers—

(a) in relation to a matter mentioned in subsection (4), and

(b) by virtue of regulations made under section 48.

(3) The Scottish Ministers may, after consulting the chairperson of the PNBS—

(a) require the PNBS to make representations under subsection (1),

(b) set or extend a time limit within which it must do so.

(4) The matters referred to in subsections (1)(c) and (2)(a) are the following matters in relation to constables (other than special constables) and police cadets—

(a) pay, allowances and expenses,

(b) public holidays and leave,

(c) hours of duty.

55C Representations on other matters

(1) The PNBS may make representations to the Scottish Ministers about—

(a) any draft regulations shared with it under section 54(2),

(b) the matters mentioned in subsection (2) generally.

(2) The matters referred to in subsection (1)(b) are matters relating to the governance, administration and conditions of service of constables (other than special constables) and police cadets.

(3) But those matters do not include the matters mentioned in section 55B(4).

55D Steps following arbitration

(1) If representations under section 55B(1) are made in terms settled through arbitration in accordance with the PNBS’s constitution, the Scottish Ministers must take all reasonable steps appearing to them to be necessary for giving effect to those representations.

(2) However, this—

(a) requires the Scottish Ministers to take such steps only in qualifying cases (see paragraph 8(2) of schedule 2A),

(b) does not require the Scottish Ministers—

(i) to take such steps in relation to representations that are no longer being pursued by the PNBS, or

(ii) where such steps would comprise or include the making of regulations under section 48, to make regulations under that section more than once with respect to the same representations.

55E Reporting by the PNBS

(1) The PNBS must, as soon as practicable after the end of each reporting year, prepare a report on how it has carried out its functions during that year.

(2) The PNBS must—

(a) give a copy of each report to the Scottish Ministers,

(b) publish each report in such manner as it considers appropriate.

(3) In this Chapter, “reporting year” is as defined in the PNBS’s constitution.”.

(2) In section 54 (consultation on regulations) of the Police and Fire Reform (Scotland) Act 2012, in subsection (1)—

(a) for the words from “61(1)” to “pensions)” there is substituted “55B(4)”,

(b) in paragraph (a), for the words “the United Kingdom” there is substituted “Scotland”.

(3) In section 125 (subordinate legislation) of the Police and Fire Reform (Scotland) Act 2012, after subsection (3) there is inserted—

“(3A) Regulations under paragraph 5(7) of schedule 2A are subject to the affirmative procedure if they include provisions of the kind mentioned in paragraph 7(2) or 8(2) of that schedule.”.

(4) After schedule 2 to the Police and Fire Reform (Scotland) Act 2012 there is inserted (as schedule 2A to that Act) the schedule set out in schedule 3.

114 Consequential and transitional

(1) In connection with section 113—

(a) in schedule 1 to the Freedom of Information (Scotland) Act 2002, after paragraph 50A there is inserted—

“50B The Police Negotiating Board for Scotland.”,

(b) in schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003, at the appropriate place under the heading referring to offices there is inserted—

• “Chairperson of the Police Negotiating Board for Scotland”.

(2) On the coming into force of section 113—

(a) a person then holding office as the chairman of the Police Negotiating Board for the United Kingdom by virtue of section 61(2) of the Police Act 1996 is to be regarded as if appointed as the chairperson of the Police Negotiating Board for Scotland under paragraph 2(2) of schedule 2A to the Police and Fire Reform (Scotland) Act 2012,

(b) any agreements then extant within or involving the Police Negotiating Board for the United Kingdom (so far as relating to the Police Service of Scotland) of the kind for which Chapter 8A of Part 1 of the Police and Fire Reform (Scotland) Act 2012 includes provision are to be regarded as if made as agreements within or involving the Police Negotiating Board for Scotland by virtue of that Chapter.