SCHEDULE 5

Transfer of constables, staff and property etc.

Constables serving in SPSA or SCDEA
7
1
An individual who, immediately before the appointed day, is the Director General or Deputy Director General of, or is a police member of, the SCDEA is, on the appointed day, to transfer to serve as a constable of the Police Service.
2
Sub-paragraph (1) does not apply to a police member of the SCDEA serving as a member of the SPSA's staff in accordance with an arrangement made by virtue of paragraph 10(3) of schedule 1 to the 2006 Act(see sub-paragraphs (5) and (6)(a) below).
3
Sub-paragraph (4) applies where, immediately before the appointed day, an individual—
a
is serving as a member of the SPSA's staff in accordance with an arrangement made by virtue of paragraph 10(2) of schedule 1 to the 2006 Act, and
b
is not a police member of the SCDEA.
4
Where this sub-paragraph applies, it is for the Scottish Police Authority to determine whether the individual concerned is, on the appointed day, to transfer—
a
to serve as a constable of the Police Service, or
b
to be engaged on temporary service as a member of the Authority's staff.
5
Sub-paragraph (6) applies where, immediately before the appointed day, an individual is serving as a member of the SPSA's staff in accordance with an arrangement made by virtue of paragraph 10(3) of schedule 1 to the 2006 Act.
6
Where this sub-paragraph applies, the arrangement is, on and after the appointed day, to have effect as if made by the Scottish Police Authority under section 16 and—
a
where the individual concerned is a police member of the SCDEA, the individual is, on the appointed day, to transfer to be engaged on temporary service as a constable of the Police Service, or
b
where the individual concerned is not a police member of the SCDEA, it is for the Scottish Police Authority to determine whether the individual is, on the appointed day, to transfer—
i
to be engaged on temporary service as a constable of the Police Service, or
ii
to be engaged on temporary service as a member of the Authority's staff.
Sch. 5 para. 7 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.