The Police (Special Constables) (Scotland) Regulations 2008

PART 1 COMMENCEMENT AND INTERPRETATION

Citation and commencement

1.—(1) These Regulations may be cited as the Police (Special Constables) (Scotland) Regulations 2008.

(2) These Regulations come into force on 12th May 2008 but regulation 26(2) and (6) shall have effect from 1st September 2006(1).

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the 1966 Regulations” means the Police (Special Constables) (Scotland) Regulations 1966(2);

“the 1967 Act” means the Police (Scotland) Act 1967(3);

“inquiry officer” means a constable who is selected under regulation 20;

“misconduct” shall be construed in accordance with regulation 16;

“misconduct officer” means a constable who is selected under regulation 21;

“nominated officer” means a constable who is selected under regulation 18; and

“special constable” has the same meaning as in section 3 of the 1967 Act(4).

(2) Unless otherwise stated, for the purpose of these Regulations a reference to–

(a) “the chief constable” means, the chief constable of the police force to which the special constable belongs or belonged, or as the case may be, the chief constable of the police force to which the person applies to for appointment to the office of special constable; and

(b) “the deputy chief constable” means the deputy chief constable of the police force to which the special constable belongs.

(3) Nothing in these Regulations shall be construed as authorising allowances payable to a special constable to be reduced retrospectively.

References to transfers

3.  Except where the context otherwise requires, a reference in these Regulations to a special constable transferring from one police force to another shall be construed as a reference to that special constable being voluntarily so transferred.

(1)

Section 26(3) of the Police (Scotland) Act 1967 (c. 77) provides that regulations made under section 26 of that Act may regulate allowances which are paid to special constables with retrospective effect.

(2)

S.I. 1966/97, amended by S.I. 1994/3309 and S.S.I. 2003/21.

(3)

1967 c. 77.

(4)

Section 3 was amended by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 48.