The Scottish Crime and Drug Enforcement Agency (Scotland) Regulations 2011

Pay

17.—(1) The pay of police members is to be determined by the Scottish Ministers and in making a determination under this regulation they may―

(a) specify that the pay of a police member is payable subject to certain conditions; and

(b) in relation to the pay of a police member of the rank of chief inspector or below, confer functions in relation to those conditions on―

(i) the Director General;

(ii) the Deputy Director General;

(iii) a police member above the rank of chief inspector; or

(iv) a person appointed by the Authority under paragraph 10 of schedule 1 to the 2006 Act.

(2) Subject to regulation 32, in reckoning the service of a police member in any rank for the purposes of pay―

(a) account is to be taken of all that member’s service in that rank (including service in that rank in a police force which was reckonable for the purposes of pay); and

(b) any service in a higher rank (whether on temporary promotion or otherwise) is to be treated as if it had been service in that higher rank.

(3) But in the case of a police member of a rank higher than that of chief inspector, paragraph (2) has effect subject to any contrary agreement between the Authority and the police member relating to the reckoning of previous service with the Agency or a police force.

(4) In reckoning a police member’s service in a particular rank for the purposes of pay―

(a) that service is to be treated as unbroken by and including any period of service in Her Majesty’s forces which the member is entitled to reckon as pensionable service;

(b) unless the Authority, with the approval of Scottish Ministers, determines otherwise in any particular case―

(i) no account is to be taken of any previous service in that rank which terminated in that member’s reduction in rank as a punishment;

(ii) but any previous service in a higher rank which terminated in that member’s reduction in rank as a punishment is to be treated as if it had been service in the rank to which that member was reduced;

(c) no account is to be taken of any period of duty in that rank in respect of which a temporary salary is payable under regulation 20;

(d) no account is to be taken of any period of unpaid leave;

(e) part-time service is to be taken into account as though it were full-time service;

(f) in the case of a female police member who has taken one or more periods of maternity leave, in respect of each period of such leave—

(i) account is to be taken of any period spent on maternity leave up to a maximum of 26 weeks beginning with the week in which the child is born; and

(ii) where she has, at the beginning of the 14th week before the expected date of birth of her child, as notified in accordance with a determination under regulation 26(8), served continuously as a police member or as a member of a police force for a period of not less than 26 weeks, account is to be taken of any period (not being a period of which account has been taken under paragraph (i)) spent on maternity leave during the period of 29 weeks beginning with the week in which the child was born;

(g) account is to be taken of any period of maternity support leave, parental leave and adoption support leave taken in accordance with a determination under regulation 26; and

(h) account is to be taken of the first 27 weeks of adoption leave taken in accordance with a determination under regulation 26(9)(c).

(5) A determination under paragraph (1) has effect in relation to a university scholar subject to the provisions of any determination for the time being in force under regulation 25.