The Police Service of Scotland Regulations 2013

Interpretation and application S

2.—(1) In these Regulations—

“the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;

“Conduct Regulations” means the Police Service of Scotland (Conduct) Regulations [F1 2014] and the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013(1);

[F2 “EEA State” means—

(a)

a State which is a member State of the EU; or

(b)

any other State which is a party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993;]

“police force”, except where the context otherwise requires, means—

(a)

a police force maintained before 1st April 2013 under the Police (Scotland) Act 1967(2);

(b)

a police force maintained under section 2(1) of the Police Act 1996(3);

(c)

the metropolitan police force;

(d)

the City of London police force;

(e)

the Police Service of Northern Ireland;

(f)

the British Transport Police Force;

(g)

the Ministry of Defence Police, that is to say the force established by section 1 of the Ministry of Defence Police Act 1987(4) or, before the coming into force of that Act, comprising constables appointed under section 3 of the Special Constables Act 1923(5) on the nomination of the Defence Council;

(h)

the Port of Tilbury Constabulary or before the coming into force of the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992(6), the Port of London Authority’s police force, that is to say the force of constables appointed under section 154 of the Port of London Act 1968(7);

(i)

an aerodrome constabulary within the meaning given by section 31(1) of the Aviation Security Act 1982(8);

(j)

the States of Jersey Police Force;

(k)

the salaried police force of the Island of Guernsey; and

(l)

the Isle of Man Constabulary;

“qualifying diploma” [F3 has] the same meaning as in the Police Service of Scotland (Promotion) Regulations 2013(9);

[F4 “qualifying examination” means qualifying examination A (elementary), qualifying examination A (advanced), qualifying examination B or qualifying examination C as defined in regulation 2(1) of those Regulations;]

“representative bodies” means the Police Federation for Scotland and all bodies for the time being recognised by the Scottish Ministers for the purposes of section 64 of the Police Act 1996(10); and

“seaman” has the same meaning as in section 313 of the Merchant Shipping Act 1995(11).

(2) These Regulations apply to constables of the Police Service, other than—

(a) constables so far as any regulations made under section 15(3) of the 2012 Act so provide;

(b) constables engaged on temporary service under arrangements made under section 16 of the 2012 Act; or

(c) special constables appointed under section 9 of the 2012 Act.

Textual Amendments

F1 Word in reg. 2 substituted (1.4.2014) by The Police Service of Scotland (Conduct) Regulations 2014 (S.S.I. 2014/68), reg. 1, sch. 2 para. 2 (with reg. 3)

F2 Words in reg. 2(1) inserted (13.5.2013) by The Police Service of Scotland (Amendment) Regulations 2013 (S.S.I. 2013/122), regs. 1, 2(2)

F3 Word in reg. 2(1) substituted (18.5.2013) by The Police Service of Scotland (Amendment) (No. 2) Regulations 2013 (S.S.I. 2013/125), regs. 1, 2(2)(a)

F4 Words in reg. 2(1) inserted (18.5.2013) by The Police Service of Scotland (Amendment) (No. 2) Regulations 2013 (S.S.I. 2013/125), regs. 1, 2(2)(b)

Commencement Information

I1 Reg. 2 in force at 1.4.2013, see reg. 1

(1)

S.S.I. 2013/62.

(2)

1967 c.77.

(3)

1996 c.16; section 2 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), section 99 and Schedule 16, paragraph 4.

(4)

1987 c.4. Section 1 has been amended by the Police Act 1996 (c.16), Schedule 7, paragraph 41; the Police (Northern Ireland) Act 1998 (c.32), section 74 and Schedule 4, paragraph 16; and the Police Reform Act 2002 (c.30), section 79.

(5)

1923 c.11.

(6)

S.I. 1992/284.

(7)

1968 c.xxxii.

(8)

1982 c.36. Section 31 has been amended by the Greater London Authority Act 1999 (c.29), sections 325 and 423, Schedule 27, paragraph 46 and Schedule 34, Part VII; the Police (Northern Ireland) Act 2000 (c.32), section 78 and Schedule 6, paragraph 8; the Police and Justice Act 2006 (c.48), Schedule 14, paragraph 8; and the Policing and Crime Act 2009 (c.26), Schedule 6, paragraph 12 and Schedule 8, Part 7.

(9)

S.S.I. 2013/39.

(10)

Section 64 has been amended by the Police Act 1997 (c.50), section 134 and Schedule 9, paragraph 84; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 4, paragraph 79 and Schedule 17, Part 2; the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 69; the Police and Fire Reform (Scotland) Act 2012 (asp 8), section 128(2) and schedule 8, Part 1; S.I. 2001/3649 and 2007/1098.

(11)

1995 c.21; there are no relevant amendments.