PART 9DETERMINATIONS

Determinations34

1

Before making a determination under any provision of these Regulations relating to the matters mentioned in section 61(1) of the Police Act 199636, the Scottish Ministers must take into consideration any representation made by the Police Negotiating Board and must supply the Board with a draft of the determination; and section 62(2) of the Police Act 199637 applies in relation to a representation to be made for the purposes of this paragraph as it applies in relation to a recommendation to be made for the purposes of subsection (1) of that section.

2

Before making a determination under any provision of these Regulations relating to any other matter, the Scottish Ministers must consult and share a draft of the determination with the persons mentioned in section 54(2)(a)(i) to (vi) of the 2012 Act and consider any representations made by those persons.

3

A determination under any provision of these Regulations may—

a

in relation to regulating pay and allowances, be made with retrospective effect to any date specified in the determination but must not retrospectively reduce any pay or allowance payable to or in respect of any constable;

b

make different provision for different cases and circumstances; and

c

vary or revoke earlier determinations under these Regulations.