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2 Amendment of section 38 of Police (Scotland) Act 1967.E+W+S

(1)The following subsections shall be inserted after section 38(3) of the M1Police (Scotland) Act 1967 —

(3A)Notwithstanding anything in subsection (1) above, a person engaged on central service shall continue to be a constable and shall be treated for the purposes of sections 17 and 43 of this Act as if he were a constable of his police force.

(3B)The Secretary of State shall be liable in reparation in respect of any wrongful act or omission on the part of any constable engaged on central service in the performance or purported performance of his functions in like manner as a master is liable in respect of a wrongful act or omission on the part of his servant in the course of the servant’s employment.

(2)Section 38 of the Police (Scotland) Act 1967 shall be deemed always to have had effect as amended by subsection (1) above.

Marginal Citations