Police and Fire Reform (Scotland) Act 2012

Constables – temporary service arrangements

8 (1) Sub-paragraph (2) applies where, by virtue of any arrangement made or consent given, an individual is, immediately before the appointed day, engaged in service as a constable of a police force.

(2) Where this sub-paragraph applies—

(a) the arrangement or consent is, on and after the appointed day, to have effect as if it were an arrangement or consent for the individual to be engaged in service as a constable of the Police Service, and

(b) the individual concerned is, on the appointed day, accordingly to transfer to be engaged in such service.

(3) Sub-paragraph (4) applies where, by virtue of any arrangement made or consent given, a constable of a police force is, immediately before the appointed day, engaged in service outwith that force which is “relevant service” for the purposes of section 38A of the 1967 Act.

(4) Where this sub-paragraph applies—

(a) the arrangement or consent is, on and after the appointed day, to have effect as if it were an arrangement or consent for the individual to be engaged in service outwith the Police Service,

(b) the individual concerned is, on the appointed day, accordingly to continue to be engaged in such service, and

(c) the individual’s rights under section 38A(3)(a) of the 1967 Act are, on and after the appointed day, to be treated as having arisen under section 15 of this Act.

(5) Sub-paragraph (6) applies to an individual who—

(a) is to revert to the Police Service by virtue of sub-paragraph (4)(c),

(b) would have (but for this paragraph) reverted to the individual’s police force at the rank of deputy chief constable, and

(c) is not appointed to the office of deputy chief constable of the Police Service in accordance with section 7.

(6) An individual to whom this sub-paragraph applies is, on and after the date that the individual reverts to the Police Service by virtue of sub-paragraph (4)(c), to be treated as having been appointed to the office of assistant chief constable in accordance with section 7 (and accordingly is to hold the rank of assistant chief constable) but is otherwise to continue to have the same conditions of service, including rates of pay, as if the individual had continued to be a deputy chief constable of the police force which has ceased to exist.

(7) An individual who reverts to the Police Service by virtue of sub-paragraph (4)(c) at the rank of assistant chief constable is, on and after the day of reversion, to be treated as having been appointed to the office of assistant chief constable of the Police Service in accordance with section 7.

(8) This paragraph does not apply in relation to an individual transferred under paragraph 6 or 7.