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Criminal Justice (Scotland) Act 2016

Section 113 – Establishment and functions

292.Section 113(1) inserts a new Chapter 8A into the Police and Fire Reform (Scotland) Act 2012 (“the 2012 Act”) to provide for a Police Negotiating Board for Scotland (“PNBS”).

293.New section 55A provides for the PNBS to be established, and introduces a new schedule 2A into the 2012 Act to make further provision about it. New schedule 2A is set out in schedule 3 to the Act.

294.New section 55B provides that the PNBS may make representations to the Scottish Ministers about pay, allowances and expenses, public holidays and leave, the issue, use and return of police clothing and equipment, and hours of duty, in relation to constables (other than special constables) and cadets. Such representations may be made about draft regulations or draft determinations on these issues, or generally. The Scottish Ministers may, after consultation with the chairperson, require the PNBS to make representations about these matters within a set time period which may be extended by the Scottish Ministers.

295.New section 55C provides that the PNBS may also make representations to the Scottish Ministers about other matters relating to the governance, administration and conditions of service of constables (other than special constables) and police cadets including draft regulations on such matters.

296.New section 55D creates a mechanism for the Scottish Ministers to be required to take all reasonable steps appearing to them to be necessary for giving effect to representations in certain circumstances. The circumstances are that the representations are made under new section 55B(1), and that they are in terms settled through arbitration in accordance with the PNBS constitution and that they concern a “qualifying case”, to be specified by the Scottish Ministers in regulations made under new schedule 2A, paragraphs 4(6) and 4C.

297.New section 55E requires the PNBS to produce an annual report on how it has carried out its functions which is to be given to the Scottish Ministers and published. The reporting year for the annual report will be defined in the PNBS’s constitution.

298.Section 113(2) amends section 54 of the 2012 Act to require the Scottish Ministers to consult the PNBS before making regulations about the matters mentioned in new section 55B(4).

299.Section 113(3) amends section 125 of the 2012 Act to provide that certain regulations made under new schedule 2A of the 2012 Act. will be scrutinised by the Scottish Parliament in accordance with affirmative procedure.

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