The Police (Scotland) Amendment Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police (Promotion) (Scotland) Regulations 1996 (S.I. 1996/221) (“the 1996 Regulations”), the Police (Special Constables) (Scotland) Regulations 2008 (S.S.I. 2008/117) (“the 2008 Regulations”) and the Police (Scotland) Regulations 2004 (S.S.I. 2004/257) (“the 2004 Regulations”).

Regulation 2 amends the 1996 Regulations so that qualifying examinations will no longer take place and the only formal means to obtain a new qualification for eligibility for promotion is by way of qualifying diploma. Any constable who passed the qualifying examination on or before 9th December 2009 will continue to be eligible for promotion after that date. Recognition of examinations or courses passed by police officers from other forces continues but they are now deemed to be equivalent to a pass in the qualifying diploma.

Regulation 3(2) corrects an erroneous cross reference in the definition of an “inquiry officer” in regulation 2 of the 2008 Regulations.

Regulation 3(3) amends regulation 8 of the 2008 Regulations so that the chief constable can postpone the retirement of a special constable beyond the age of 60 years.

Regulation 4 amends regulations 11 and 31 of the 2004 Regulations to remove the requirement that assistant chief constables hold rank on a fixed term basis, and to add contributory employment and support allowance awarded under the Welfare Reform Act 2007 (c.5) to the list of social security benefits that are to be deducted from police pay. The effect is that the same amount as any payment of the allowance which is made to a member of a police force who is in receipt of full pay is deducted from the member’s salary.

Regulation 5 makes consequential provision so that any member of a police force holding the rank of assistant chief constable at the time these Regulations come into force ceases to hold that rank on a fixed term basis, but will hold it subject to the normal rules on retirement, promotion, dismissal, resignation or transfer.