Statutory Instrument 1994 No. 2231 (S.111)

The Police (Scotland) Amendment (No.2) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2231 (S.111)

POLICE

The Police (Scotland) Amendment (No.2) Regulations 1994

The Secretary of State, in exercise of the powers conferred on him by section 26 of the Police (Scotland) Act 1967^[1] and of all other powers enabling him in that behalf and after taking into consideration any representations made by the Police Advisory Board for Scotland following the submission of a draft of the Regulations in accordance with section 26(9) of the said Act of 1967 and after taking into consideration the recommendations made by the Police Negotiating Board for the United Kingdom and furnishing the said Board with a draft of the Regulations in accordance with section 2(1) of the Police Negotiating Board Act 1980^[2], hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Police (Scotland) Amendment (No.2) Regulations 1994 and shall come into force on 1st September 1994.

    (2)  In these Regulations "the principal Regulations" means the Police (Scotland) Regulations 1976^[3].

Normal daily period of duty
    2.    Regulation 21(1) of the principal Regulations is amended by substituting for the word "superintendent" the word "inspector".

Rostering of duties for lower ranks
    3.    Regulation 21A(1) of the principal Regulations is amended by substituting for the word "superintendent" the word "inspector".

Variable shift arrangements
    4.    Regulation 21B(1) of the principal Regulations is amended by substituting for the word "superintendent" the word "inspector".

Overtime
    5.    Regulation 22(3) of the principal Regulations is amended—
 (a) by inserting after the words "constable" the words "below the rank of inspector"; and
 (b) by inserting after the words "that week" the words ", except that on each of the first 4 occasions on which overtime in respect of which the constable was not informed as mentioned in paragraph (6) is worked during a week, 30 minutes of the overtime worked is to be disregarded.".

Public holidays and rest days for lower ranks
    6.    Regulation 23 of the principal Regulations is amended—
 (a) in paragraph (1) by substituting for the word "superintendent" the word "inspector";
 (b) in paragraph (3) by substituting for sub-paragraphs (a) to (c)—
"(a) where he receives less than 15 days' notice of the requirement, an allowance at the appropriate rest-day rate; or

(b) in any other case, another rest day, which shall be notified to him within 4 days of notification of the requirement." ;

 (c) by inserting after paragraph (3)—
"  (3A)  The appropriate rest-day rate is, for each completed 15 minutes of duty on a rostered rest day, the fraction of a day's pay specified in paragraph (3B).

    (3B)  The fraction specified is—
(a) where the constable received less than 8 days' notice of the requirement, one sixteenth; and

(b) in any other case, three sixty-fourths." ;

 (d) in paragraph (5) by substituting for the words "paragraph (3)(a) or (b)" the words "paragraph (3)(a)" and by substituting for sub-paragraph (b)—
"(b) in the case of a rostered rest day—
(i) where the constable received less than 8 days' notice of the requirement, to double, and

(ii) in any other case, to one and a half times," ;

 (e) in paragraph (6) by substituting for the words "paragraph (3)(a) or (b)" the words "paragraph (3)(a)";
 (f) in paragraph (7)(c) by deleting the words after "public holiday"; and
 (g) in paragraph (7)(g) by inserting after the words "a period of 4 completed hours" the words ", except that a period of not more than one hour of duty on a rostered rest day shall, if it immediately follows a period for which he was on duty as part of a normal daily period of duty, count as the number of periods of 15 minutes actually completed;".

Public holidays and rest days for inspectors
    7.    The principal Regulations are amended by inserting after regulation 23—

"Public holidays and rest days for inspectors
    23A.—(1)  This regulation applies to every constable of the rank of inspector or chief inspector.

    (2)  Such a constable shall, so far as the exigencies of duty permit, be allowed a day's leave on each public holiday and be granted rest days at the rate of two rest days in respect of each week." .

Pay during sick leave
    8.    The principal Regulations are amended by inserting after regulation 27—

"Pay during sick leave
    27A.—(1)  Subject to paragraphs (2) and (3), if on any relevant day a constable has during the period of 12 months ending with that day been on sick leave for 183 days, he ceases for the time being to be entitled to full pay, and becomes entitled to half pay, while on sick leave.

    (2)  Subject to paragraph (3), if on any relevant day a constable has been on sick leave for the whole of the period of 12 months ending with that day, he ceases for the time being to be entitled to any pay while on sick leave.

    (3)  The chief constable may in a particular case determine that for a specified period—
(a) a constable who is entitled to half pay while on sick leave is to receive full pay, or

(b) a constable who is not entitled to any pay while on sick leave is to receive either full pay or half pay,

and may from time to time determine to extend the period.

    (4)  For the purposes of this regulation a relevant day is a day after 30th August 1995 on which a constable is on sick leave, and in this regulation—
(a) references to a constable's being on sick leave are references to his being absent from duty while entitled to be so, or with the consent of the police authority, under regulation 27;

(b) references to full pay are references to pay at the rate ascertained from regulation 30(1); and

(c) references to half pay are references to pay at half the rate of the constable's full pay." .

Detective duty and detective expenses allowances
    9.    Regulation 51 of the principal Regulations is amended by deleting—
 (a) paragraph (2); and
 (b) in paragraph (2A), the words "in addition".

Allowance in respect of medical charges
    10.    Regulation 58 of the principal Regulations is amended—
 (a) in paragraph (1) by substituting for the words from "other" to "paragraph (2)" the words "if the charges are incurred by reason of an injury received without his default in the execution of his duty as a constable"; and
 (b) by deleting paragraph (2).

Modification for variable shift arrangements
    11.    Paragraph 4 of Schedule 1A to the principal Regulations is amended by inserting after the words ""not less than"" the words "and in paragraph (7)(g) for the words "a normal daily period of duty" substitute "a rostered shift".".

Provisions ceasing to have effect
    12.    The following provisions of the principal Regulations shall cease to have effect:—
 (a) regulation 42 (housing allowance);
 (b) regulation 42A (housing allowance: supplementary);
 (c) regulation 42B (transitional rent allowance);
 (d) regulation 42C (application of regulation 42B to other members);
 (e) regulation 42D (compensatory grant);
 (f) regulation 43 (supplementary housing allowance);
 (g) regulation 44 (constable assigned to duty with the Scottish Crime Squad);
 (h) regulation 45 (compensatory grant);
 (i) regulation 48 (uniform allowance);
 (j) regulation 49 (women's stocking allowance);
 (k) regulation 55 (bicycle allowance);
 (l) regulation 56 (typewriter allowance);
 (m) regulation 62 (promotion examination allowance);
 (n) regulation 66 (provision of house or quarters);
 (o) Schedules 6 and 7;
 (p) paragraph 6 of Schedule 8; and
 (q) paragraph 4(1) and (2) of Schedule 9.

Savings and transitional provision
    13.    The Schedule to these Regulations (which contains savings and transitional provisions) shall have effect.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

26th August 1994

[1] 1967 c. 77; section 26(9) was amended by section 2(4) of the Police Negotiating Board Act 1980 (c. 10); section 26 (1A) and (10) were inserted by section 111 of the Police and Criminal Evidence Act 1984 (c. 60); section 26(2B) was inserted by the Police and Magistrates' Court Act 1994(c. 29), section 52(3) (with effect from 8th August 1994: See S.I. 1994/2025, article 3(2)(d)). back

[2] 1980 c. 10. back

[3] S.I. 1976/1073; the relevant amending instruments are S.I. 1977/2008, 1985/1325, 1985/1733, 1988/1501, 1989/2222, 1990/469, 1992/1432, 1993/3081 and 1994/2095. back

Explanatory Note