The Scottish Crime and Drug Enforcement Agency (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about the governance and administration of the Scottish Crime and Drug Enforcement Agency (“the Agency”) in relation to police members of that Agency appointed under paragraph 7(2)(c) of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (“the 2006 Act”). They also make provision about certain of the terms and conditions of service of such police members.

Part 2 of the Regulations deal with certain issues relating to the governance and administration of the Agency.

Regulation 4 sets out the ranks which may be held by police members.

Regulation 5 provides the Director General of the Agency with the power to authorise police members in any rank to perform part-time service and describes what part-time service means in that context.

Regulations 6 and 7 and Schedule 1 lay down certain restrictions on the external interests of police members, including prohibitions against conduct which conflicts with a police member’s duties and holding certain business interests without the permission of either the Agency or the Scottish Police Services Authority (“the Authority”).

Regulation 8 modifies the qualifications for appointment currently set out in the Scottish Crime and Drug Enforcement Agency (Appointment of Police Members) Regulations 2007 (S.S.I. 2007/90), adding the condition that a prospective applicant must have completed a relevant period of probationary service as a constable prior to appointment.

Regulation 9 gives Scottish Ministers the power to determine the circumstances in which a police member may retire.

Regulations 10 to 12 make provision about the keeping, content, transfer and disposal of personal records for police members. They include duties on the Director General of the Agency to keep such records and to transfer them to any police force to which a police member may transfer. A police member who leaves the Agency without transferring to a police force is entitled to a certificate setting out his or her rank and period of service with the Agency.

Regulation 13 provides that police members must have fingerprints and samples taken and kept for the purposes of comparison against other fingerprints and samples taken by or on behalf of a police force or in connection with or as a result of the investigation of an offence.

Part 3 makes provision about duty in the Agency.

Regulation 14 places a requirement on police members to carry out all lawful orders.

Regulation 15 gives Scottish Ministers the power to determine the periods of duty of police members and how those are to be calculated. This is subject to section 23(5) of the 2006 Act which provides that police members must be allowed at least 52 days in a year on which they are not required to perform police duty. Regulation 16 lists the meetings of the Scottish Police Federation attendance at which is to be treated as police duty.

Part 4 deals with issues related to pay.

Regulation 17 provides Scottish Ministers with the power to determine the pay of police members. Regulation 17 also makes general provision as to the calculation of pay based on service in a rank in the Agency and special provision about how the calculation of pay is to be affected by service in Her Majesty’s forces, reduction in rank as punishment, periods of duty which have attracted a temporary salary, periods of unpaid leave, part time service and time spent on maternity, maternity support, parental or adoption leave.

Regulations 18 and 19 require Scottish Ministers to determine how and in what circumstances police members are to be compensated for overtime, public holidays and rest days. Determinations made under these regulations may confer on the Director General discretion in relation to the calculation of payments for overtime, public holidays and rest days.

Regulations 20 to 22 require Scottish Ministers to determine rates of temporary salary (and the circumstances in which they are to be paid), sick pay and pay entitlement during periods of maternity leave, maternity support leave, adoption leave and adoption support leave. Fixing the intervals at which police members are to be paid is a matter for the Authority, while the manner of calculating monthly, weekly and daily pay is to be determined by Scottish Ministers (regulation 23).

Regulation 24 provides that certain statutory benefits are deductible from the pay of a police member while he or she is in receipt of full pay.

Regulation 25 requires Scottish Ministers to determine how Parts 3 and 4 of the Regulations (duty and pay) are to apply to university scholars (as defined by regulation 2).

Part 5 makes provision in relation to leave.

Regulation 26(1) provides that the Scottish Ministers are to determine the annual leave entitlement of police members which is additional to rest days and public holidays. In making such a determination, Ministers may confer on the Director General discretion to grant additional days of annual leave and to determine how leave is to be calculated (regulation 26(3)).

By virtue of regulation 26(4) a determination made under regulation 26(1) must contain provision for the compensation of police members recalled to duty before the end of a period of annual leave.

Regulation 26(6) requires Scottish Ministers to determine the circumstances in which police members are permitted to be absent from duty due to injury or illness.

Regulation 26(7) to (11) gives Scottish Ministers the power to determine the circumstances in which special leave is to be granted to pregnant police members and to determine the circumstances in which a police member qualifies for maternity leave, maternity support leave, parental leave, adoption leave, adoption support leave and dependant support leave.

Regulation 26(15) requires Scottish Ministers to determine the circumstances and manner in which a police member may take a career break and return to duty at the end of such a break.

Part 6 makes provision about the allowances and expenses of police members.

Regulation 27 places an obligation on Scottish Ministers to determine the entitlement of police members to allowances and in making that determination Ministers may confer functions on the Authority or the Director General in relation to the calculation of an allowance and any conditions attaching to the payment of an allowance.

Regulation 28 requires Scottish Ministers to determine the entitlement of police members to reimbursement of expenses incurred in connection with the performance of their duties. Scottish Ministers may specify conditions subject to which these expenses are to be reimbursed and may confer on the Authority or the Director General functions in relation to those conditions.

Regulation 29 provides for the continuity of allowances for 1 month when a police member is absent due to illness or maternity leave and grants the Director General discretion to suspend an allowance thereafter for the remainder of the police member’s absence from duty.

Regulation 30 and Schedule 2 provide that police members who have transferred from Scottish police forces and who were entitled to free housing or a replacement allowance by virtue of the operation of Schedule 3 to the Police (Scotland) Regulations 2004 are to be paid an equivalent replacement allowance by the Authority while serving as police members.

Regulation 31 provides that a police member who is engaged on duty as a result of a private agreement between the Authority and a third party is not entitled to any additional remuneration for that duty.

Part 7 makes provision about the reckoning of service.

Regulation 32(1) provides that for the purpose of calculating pay a police member who has transferred from one of the specified police forces is to be treated as though service in that force were service in a corresponding rank in the Agency (subject to any agreement to the contrary in the case of a police member of a rank higher than chief inspector – regulation 32(2)).

Regulation 33 amends the Police (Scotland) Regulations 2004 to ensure that where a police member transfers to a Scottish police force to serve as a member of that force, that person’s service in any rank in the Agency is to be treated as if it were service in the corresponding rank in the police force.

Part 8 makes provision about uniforms and equipment.

Regulation 34 provides that police members of the rank of superintendent and below are entitled to receive any necessary uniform and equipment from the Authority free of charge. The Authority also has a discretion to issue uniform and equipment to police members above the rank of superintendent.

Part 9 makes provision about determinations.

Regulation 35(1) requires Scottish Ministers, before making a determination under these Regulations relating to hours of duty, leave, pay and allowances or the issue, use and return of police clothing and personal equipment, to supply the Police Negotiating Board with a draft of the determination and to take into consideration any recommendations made by that Board.

Regulation 35(2) requires Scottish Ministers, before making a determination under these Regulations relating to any other matter, to supply the Police Advisory Board for Scotland with a draft of the determination and to take into account any representations made by that Board.

Regulation 35(3) provides that any determination relating to pay and allowances may be made with retrospective effect to any date specified in that determination.