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The Police (Scotland) Regulations 2004

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Interpretation

1.—(1) This paragraph has effect for defining expressions used in paragraphs 2 to 7.

(2) “Qualifying member” means a member of a police force who–

(a)immediately before 1st September 1994 was a member of that or another police force;

(b)was not then on unpaid leave;

(c)has at all times after 31st August 1994 been a constable; and

(d)has not after that date been on unpaid leave.

(3) Where a member of a police force in England and Wales or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in Scotland that member shall be treated from the date of transfer as if that member were a qualifying member.

(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to a police force in Scotland that member shall be treated from the date of transfer as if that member were a qualifying member.

(5) “Re-joining member” means a member who by reason only of a relevant absence is not a qualifying member.

(6) “Relevant absence” means–

(a)a period of central service or overseas service; or

(b)a period of relevant service within the meaning of section 38A(1)(ba) or (bb) of the 1967 Act(1) or any corresponding provision for the time being in force in England and Wales or Northern Ireland; or

(c)a period of unpaid leave,

ending after 31st August 1994.

(7) “Housing emoluments” means any one or more of the following kinds of payments under the provisions of the 1976 Regulations as they had effect before 1st September 1994–

(a)a housing allowance under regulation 42;

(b)a transitional rent allowance under regulation 42B;

(c)a supplementary housing allowance under regulation 43; and

(d)a compensatory grant under regulation 45,

and in relation to a re-joining member includes a rent allowance under regulation 42 of the 1976 Regulations as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b) above.

(8) “The 1976 Regulations” means the Police (Scotland) Regulations 1976(2).

(1)

Sections 38A(1)(ba) and (bb) were inserted by the Police Act 1997 c. 50.

(2)

S.I. 1976/1073. Regulations 42, 42B, 43 and 45 were revoked by S.I. 1994/2231.

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