The Police Service of Scotland Regulations 2013

Reckoning of service S

31.—(1) Subject to regulation 32 and section 15 of the 2012 Act, in reckoning the service of a constable in any rank for the purposes of pay—

(a) account is to be taken of all that constable’s service in that rank;

(b) where the constable has served in any rank with a police force, account is to be taken of all that constable’s service in that rank as if it were service in the corresponding rank in the Police Service; F1 ...

[F2 (ba) performance of the duties of a higher rank, in respect of which a temporary salary is payable under regulation 19, is to be treated as if it had been service in that higher rank; and]

(c) service in a higher rank, on temporary promotion thereto, is to be treated as if it had been service in that higher rank.

(2) For the purposes of this regulation in reckoning a constable’s service in any rank—

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

(b) account is to be taken of service in that rank whether it is by virtue of the constable’s current appointment to the Police Service or a previous such appointment;

(c) except where the Authority in the circumstances of a particular case otherwise determines with the approval of the Scottish Ministers, no account is to be taken of any previous service in that rank which terminated in that constable’s reduction in rank as a punishment but any previous service in a higher rank which so terminated is to be treated as if it had been service in the rank to which that constable was reduced;

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any period of unpaid leave is to be disregarded;

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

(g) in the case of a constable who has taken one or more periods of maternity leave [F4 , shared parental leave] or paternity leave (taken in accordance with a determination under regulation 25(7)) or adoption leave (taken in accordance with a determination under regulation 25(8)(c)), the Scottish Ministers must determine how and how much account is to be taken;

(h) 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 25(8)(a), (b) and (d) respectively,

and in the case of a constable of a rank higher than that of chief inspector, paragraph (1) has effect subject to any contrary agreement so far as it relates to the reckoning of previous service.

(3) In this regulation “corresponding rank of the Police Service” means the rank designated by the Scottish Ministers as being the corresponding rank in the Police Service.

Textual Amendments

F1 Word in reg. 31(1) omitted (with application in accordance with reg. 8(3) of the amending S.S.I.) by virtue of The Police Service of Scotland (Amendment) Regulations 2024 (S.S.I. 2024/179), regs. 1, 8(1)(a)

F2 Reg. 31(1)(ba) inserted (with application in accordance with reg. 8(3) of the amending S.S.I.) by The Police Service of Scotland (Amendment) Regulations 2024 (S.S.I. 2024/179), regs. 1, 8(1)(b)

F3 Reg. 31(2)(d) omitted (with application in accordance with reg. 8(3) of the amending S.S.I.) by virtue of The Police Service of Scotland (Amendment) Regulations 2024 (S.S.I. 2024/179), regs. 1, 8(2)

F4 Words in reg. 31(2)(g) inserted (9.2.2017) by The Police Service of Scotland (Amendment) Regulations 2016 (S.S.I. 2016/419), regs. 1, 2(5)

Commencement Information

I1 Reg. 31 in force at 1.4.2013, see reg. 1