Criminal Justice (Scotland) Act 2016

SCHEDULE 3 POLICE NEGOTIATING BOARD FOR SCOTLAND

(introduced by section 113)

“SCHEDULE 2A POLICE NEGOTIATING BOARD FOR SCOTLAND

(introduced by section 55A)

Status of the PNBS

1 (1) The PNBS—

(a) is not a servant or agent of the Crown, and

(b) has no status, immunity or privilege of the Crown.

(2) The property of the PNBS is not property of, or property held on behalf of, the Crown.

Chairing and membership

2 (1) The PNBS is to consist of—

(a) a chairperson,

(b) other persons representing the interests of each of—

(i) the Authority,

(ii) the chief constable,

(iii) constables (other than special constables) and police cadets,

(iv) the Scottish Ministers.

(2) It is for the Scottish Ministers to appoint the chairperson.

(3) Other members are to be appointed in accordance with the constitution prepared under paragraph 5.

(4) A member of the PNBS holds and vacates office in accordance with the terms of the member’s appointment.

(5) The chairperson may—

(a) resign from office by giving notice in writing to the Scottish Ministers,

(b) be removed from office if, in the opinion of the Scottish Ministers, the person is unable, unfit or unwilling to perform the functions of the office.

Temporary chairperson

3 (1) The PNBS may have a temporary chairperson if (for the time being)—

(a) there is no chairperson, or

(b) the chairperson is unavailable to act.

(2) A reference in this Chapter to the chairperson is to be read, where appropriate to do so by virtue of sub-paragraph (1), as meaning or including (as the context requires) the temporary chairperson.

Disqualification from chairing

4 A person is disqualified from appointment, and from holding office, as the chairperson of the PNBS if the person is or becomes—

(a) a member of the House of Commons,

(b) a member of the Scottish Parliament,

(c) a member of the European Parliament,

(d) a Minister of the Crown,

(e) a member of the Scottish Government,

(f) a civil servant.

Constitution and procedure etc.

5 (1) It is for the Scottish Ministers to prepare the constitution for the PNBS.

(2) The constitution must regulate the procedure for consensus to be reached among the members of the PNBS on the terms of representations to be made under section 55B(1) or 55C(1).

(3) The constitution—

(a) may require a dispute on representations to be made under section 55B(1) to be submitted to arbitration by agreement among the members to do so, and must not prevent such a dispute from being submitted to arbitration on such agreement (except prevention by way of limitation as allowed below),

(b) may—

(i) authorise the chairperson to submit such a dispute to arbitration without such agreement,

(ii) limit how often within a reporting year such a dispute can be submitted to arbitration (including limitation framed by reference to particular matters or circumstances).

(4) The constitution may contain provision about—

(a) membership (including number of members to represent each of the interests mentioned in paragraph 2(1)(b)),

(b) internal organisation (for example, committees and office-holders),

(c) procedures to be followed (including conduct of meetings),

(d) the content of a report required by section 55E,

(e) such other matters as the Scottish Ministers consider appropriate.

(5) The Scottish Ministers—

(a) must keep the constitution under review,

(b) may revise it from time to time.

(6) Before preparing or revising the constitution, the Scottish Ministers must consult—

(a) the Authority,

(b) the chief constable, and

(c) persons representing the interests of constables (other than special constables) and police cadets.

(7) The constitution, or any revision of it, has effect only when brought into effect by the Scottish Ministers by regulations.

Process of arbitration

6 (1) Sub-paragraph (2) applies where—

(a) a dispute is submitted to arbitration in accordance with the constitution, and

(b) no arbitration agreement relating to the dispute is in place.

(2) A document submitting the dispute to arbitration is deemed to be an arbitration agreement.

(3) For the application of the Arbitration (Scotland) Act 2010, a reference in this paragraph to an arbitration agreement is to such an agreement as defined by section 4 of that Act.

7 (1) Sub-paragraph (2) applies for the purpose of arbitration in accordance with the constitution (whether such arbitration arises by reason of a real or deemed arbitration agreement).

(2) Regulations under paragraph 5(7) may include provisions disapplying or modifying the mandatory rules in schedule 1 to the Arbitration (Scotland) Act 2010.

8 (1) Sub-paragraph (2) applies for the purpose of the operation of section 55D.

(2) Regulations under paragraph 5(7) may include provisions specifying, by reference to particular matters or circumstances, what are qualifying cases.

Remuneration and expenses

9 (1) The Scottish Ministers may pay—

(a) such remuneration to the chairperson of the PNBS as they think fit,

(b) such expenses of the members of the PNBS as they think fit.

(2) The Scottish Ministers must pay such expenses as they consider are reasonably required to be incurred to enable the PNBS to carry out its functions.”.