The Police (Scotland) Amendment Regulations 1996

Substitution of regulation 28 of the principal Regulations

4.  For regulation 28 of the principal Regulations (maternity leave) there are substituted the following regulations:–

“Leave for ante-natal care

28.— (1) A female constable of a police force who is pregnant and who, on the advice of a registered medical practitioner, registered midwife or registered health visitor, has made an appointment to attend at any place for the purpose of receiving ante-natal care shall, subject to the following provisions of this regulation, have the right not to be unreasonably refused special leave from duty to enable her to keep the appointment.

(2) Subject to paragraph (3), a chief constable shall not be required by virtue of this regulation to permit a female constable of a police force to take special leave from duty to keep an appointment unless, if he requests her to do so, she produces for his inspection–

(a) a certificate from a registered medical practitioner, registered midwife or registered health visitor stating that she is pregnant; and

(b) an appointment card or other document showing that the appointment has been made.

(3) Paragraph (2) shall not apply where the female constable of a police force’s appointment is the first appointment during her pregnancy for which she seeks permission to take special leave from duty in accordance with paragraph (1).

(4) A period of special leave from duty taken in accordance with paragraph (1) shall be treated as a period of duty.

Maternity leave

28ZA.— (1) In this regulation–

• “expected date of birth” means, subject to paragraph (4), the date given in accordance with paragraph (2)(b);

• “maternity leave” means leave taken in accordance with the provisions of this regulation by a qualified constable of a police force during the maternity period;

• “maternity period”, in relation to such a constable, means the period beginning six months before the probable date of birth of the constable’s child, as given under paragraph (2)(b) or, as the case may be, paragraph (4), and ending nine months after the date so given; and

• “qualified constable” means a constable of a police force who qualifies under paragraph (2).

(2) Subject to the following provisions of this regulation, a female constable of a police force qualifies for maternity leave when she has given to the chief constable notice stating–

(a) that she is pregnant;

(b) the probable date of the birth of her child; and

(c) the date on which she intends to commence maternity leave or, where she proposes to take more than one period of maternity leave before the probable date of the birth of her child, the proposed dates of those periods.

(3) A female constable of a police force does not qualify for maternity leave where the chief constable has requested a certificate from a registered medical practitioner, registered midwife or registered health visitor setting out the matters referred to in paragraph (2)(a) and (b) and she fails to produce such a certificate.

(4) Where a certificate produced under paragraph (3) sets out a different date as the probable date of the birth of the child of the female constable of a police force from the date given in accordance with paragraph (2)(b), the date given in the certificate shall have effect in place of the date given in the notice.

(5) A female constable of a police force who is pregnant shall give the notice required by paragraph (2) as soon as reasonably practicable after she becomes aware of the probable date of birth of her child.

(6) The date or dates given in accordance with paragraph (2)(c) may be amended by a subsequent notice to the chief constable, provided that not less than 21 days' notice is given of the qualified constable’s intention to return to duty.

(7) A qualified constable shall take maternity leave no later than the date given in accordance with paragraph (2)(b) or, as the case may be, paragraph (4) and, subject to paragraphs (8) and (9), the leave shall continue until the last day of the maternity leave.

(8) Where a qualified constable intends to return to duty before the end of the maternity period after taking maternity leave, she shall give to the chief constable not less than 21 days' notice of her intention.

(9) A notice under paragraph (8) may be subsequently revoked, and any such revocation shall be without prejudice to the giving of another notice under that paragraph of an intention to return to duty before the end of the maternity period.

(10) During any period of maternity leave, a qualified constable shall not be entitled to any sick leave under regulation 27.

(11) In paragraph (10) “period of maternity leave” means the period–

(a) beginning on–

(i) the date given in accordance with paragraph (2)(c) as the date on which the qualified constable intends to commence maternity leave or, where she proposes to take more than one period of such leave, the first of those dates; or

(ii) where that date or, as the case may be, the first of those dates has been amended by a subsequent notice under paragraph (6), that date; and

(b) ending on–

(i) where a notice has been given under paragraph (8) and has not been subsequently revoked, the date so given; or

(ii) where no such notice has been given or remains in force, the last day of the maternity period.”.