Qualifying cases4

1

This regulation specifies qualifying cases for the purposes of section 55D(2)(a) of the Act (steps following arbitration).

2

Subject to paragraph (3), there are to be a maximum of two qualifying cases in each reporting year, consisting of—

a

no more than one case concerning the annual pay award, which may include connected matters, and

b

no more than one other case concerning—

i

pay, allowances and expenses,

ii

public holidays and leave,

iii

hours of duty, or

iv

a combination of matters coming under heads (i), (ii) or (iii),

where these matters are not included in the same arbitrated representations as the annual pay award.

3

If PNBS—

a

makes no arbitrated representations in respect of a paragraph (2)(a) case within a reporting year (“year 1”), and

b

instead makes arbitrated representations in respect of that year 1 paragraph (2)(a) case during the following reporting year (“year 2”),

those representations are a qualifying case in respect of year 2, in addition to those qualifying cases specified in paragraph (2).

4

In this regulation—

  • “arbitrated representations” means representations to the Scottish Ministers under section 55B(1) of the Act (representations about pay etc.) in terms settled through arbitration,

  • “annual pay award” means the principal award of pay, allowances and expenses for each financial year,

  • “connected matters” means—

    1. i

      public holidays and leave, or

    2. ii

      hours of duty,

    • where these are included in the same arbitrated representations as the annual pay award,

  • “reporting year” is the reporting year as defined in the constitution in accordance with section 55E(3) of the Act.