The Police (Scotland) Amendment Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Police (Scotland) Regulations 1976 (“the principal Regulations”).

Regulation 4 amends the principal Regulations to insert a new regulation conferring a right on a female constable of a police force to take special leave to receive ante-natal care. Together with the amendment made by regulation 7, regulation 4 also makes fresh provision in respect of maternity leave. Under regulation 30B, as inserted by regulation 7, the first three months of maternity leave continue to be paid, subject to the conditions in regulation 30B(2) being satisfied. However, the entitlement to maternity leave has been altered. The requirement in the existing regulation 28(3) of the principal Regulations for a certificate of pregnancy from a registered medical practitioner is no longer required. Under regulation 28ZA(2), as inserted, the female constable can give a notice stating that she is pregnant; if challenged, she would need to provide a certificate but that could be given by a registered midwife or registered health visitor as well as by a registered medical practitioner.

Regulations 3(b) and 5(c) amend the principal Regulations so that, in reckoning service for the purposes of probation and pay, account is taken of maternity leave.

Regulation 6 amends regulation 30A of the principal Regulations which concerns temporary salary when a constable of a police force acts for a constable of a higher rank. The omission of paragraph 7(b)(ii) of Schedule 1A to the principal Regulations (by regulation 9 of these Regulations) is consequential on this change and the remainder of regulation 9 of these Regulations omits a modification from Schedule 1A which is unnecessary.

Regulation 8 amends regulation 37 of the principal Regulations so that the deductions from pay in respect of certain social security benefits which are authorised by regulation 37 apply only when the constable of a police force is on full pay.

Regulation 10 amends Schedule 1B to the principal Regulations so as to make consequential changes to the modifications made to the principal Regulations in their application to part-time appointees.

Regulation 11 alters the rates of pay for all ranks and amends the categories which determine pay for constables of police forces of the rank of superintendent. Regulation 12 increases a dog handler’s allowance.

By virtue of regulation 1(2), the regulations there cited have effect from dates before the coming into force of these Regulations. Retrospection is authorised by section 26(3) of the Police (Scotland) Act 1967.