Police, Public Order and Criminal Justice (Scotland) Act 2006

Staff transfer orders

2 (1) The Scottish Ministers may by order (a “staff transfer order”) make provision for or in connection with—

(a) the transfer of persons employed, by virtue of section 9 of the 1967 Act (employees other than constables), by police authorities or joint police boards from any such authority or board to the Authority;

(b) the transfer of constables from police forces to relevant service;

(c) the transfer of constables from central service to relevant service.

(2) A staff transfer order may in particular—

(a) prescribe rules by which the transfer of persons, or classes of person, specified in the order can be determined;

(b) provide that persons, or classes of person, so specified are to become members of the Agency.

(3) Where a staff transfer order makes provision such as is mentioned in paragraph (a) of sub-paragraph (1), the order may include provision requiring the police authority or joint police board concerned to make a scheme in relation to the transfer of the staff to whom the order relates.

(4) Where a staff transfer order makes provision such as is mentioned in paragraph (b) of sub-paragraph (1), the order may include provision requiring the maintaining authority for the police force concerned to make a scheme in relation to the transfer of the staff to whom the order relates.

(5) For the purposes of sub-paragraph (4), the maintaining authority in relation to a police force is—

(a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;

(b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.

(6) Where a staff transfer order makes provision such as is mentioned in paragraph (c) of sub-paragraph (1), the Scottish Ministers must make a scheme in relation to the transfer of the staff to whom the order relates.

(7) A staff transfer order may include provision requiring a scheme made by virtue of sub-paragraph (4) to include provision as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.

(8) Terms and conditions such as are mentioned in sub-paragraph (7) may be included in a scheme only with the approval of the Scottish Ministers.

(9) A scheme made under sub-paragraph (6) may include provision—

(a) for central service to have effect from a time specified in the scheme as relevant service;

(b) as to the terms and conditions which are to have effect in relation to constables who are to be on relevant service.