http://www.legislation.gov.uk/ssi/2013/39The Police Service of Scotland (Promotion) Regulations 2013enPOLICEStatute Law Database2024-12-09Expert Participation2021-03-01 These Regulations make provision in relation to the eligibility and procedure for the promotion of constables of the Police Service of Scotland. 2013 No. 39PoliceThe Police Service of Scotland (Promotion) Regulations 2013Made6th February 2013Laid before the Scottish Parliament8th February 2013Coming into force1st April 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 48 and 125(1) of the Police and Fire Reform (Scotland) Act 2012 and all other powers enabling them to do so.

In accordance with section 54(2) of that Act, they have consulted and shared a draft of the Regulations with the persons mentioned in section 54(2)(a)(i) to (vi) and have considered any representations made. Citation, commencement and application11These Regulations may be cited as the Police Service of Scotland (Promotion) Regulations 2013 and come into force on 1st April 2013.2These Regulations apply only in relation to promotions to the ranks below that of assistant chief constable.Interpretation21In these Regulations (except where the context otherwise requires)—“the 1968 Regulations” means the Police (Promotion) (Scotland) Regulations 1968;“the 1996 Regulations” means the Police (Promotion) (Scotland) Regulations 1996;“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012, except that it does not include—the chief constable;other senior officers; orany special constable (being an individual appointed under section 9 of that Act); “PLDP” has the meaning given by regulation 4A(1);“qualifying diploma” has the meaning given by regulation 4(1);“qualifying examination A (elementary)” means an examination, a pass in which being a qualification for promotion from the rank of constable to that of sergeant, held before 8th March 1993 under arrangements made by the Police (Scotland) Examinations Board in accordance with the Schedule to the 1968 Regulations;“qualifying examination A (advanced)” means an examination, a pass in which being a qualification for promotion from the rank of sergeant to that of inspector, held before 8th March 1993 under arrangements made by the Police (Scotland) Examinations Board in accordance with the Schedule to the 1968 Regulations;“qualifying examination B” means the Police (Scotland) Promotion Examination, a pass in which being a qualification for promotion, held at any time during the period beginning on 8th March 1993 and ending on 29th February 1996 under arrangements made by the Police (Scotland) Examinations Board in accordance with the Schedule to the 1968 Regulations;“qualifying examination C” means the Police (Scotland) Promotion Examination, a pass in which being a qualification for promotion, held at any time during the period beginning on 1st March 1996 and ending on 9th December 2009 in accordance with Schedule 1 to the 1996 Regulations.2In these Regulations, except where otherwise indicated, any reference to—aa numbered regulation, is reference to the regulation so numbered in these Regulations;ba numbered paragraph in a regulation or Schedule to these Regulations, is a reference to the paragraph so numbered in that regulation or, as the case may be, in that Schedule; andca numbered Schedule, is a reference to the Schedule to these Regulations so numbered.<Substitution ChangeId="key-be1c00f0080347ab6ec65a28a4477883-1733738724000" CommentaryRef="key-be1c00f0080347ab6ec65a28a4477883">Qualification for promotion</Substitution>31A constable qualifies for promotion only if the constable has obtained the qualifying diploma or has completed the PLDP.2Paragraph (1) does not apply to a constable promoted temporarily to the rank of sergeant for the purpose of their participation in the PLDP.Qualifying diploma41The qualifying diploma is the Diploma in Police Service Leadership and Management, obtained on or after 1st April 2013.2A constable is eligible to take the course to obtain the qualifying diploma (“the qualifying diploma course”), only if the constable has—acompleted the required period of probation in the rank of constable; andbsuccessfully applied for a place on the course.3For the purpose of paragraph (2)(a)—a“required period of probation” means the period of probation determined under regulation 8 of the Police Service of Scotland Regulations 2013;ba constable is taken to have completed the required period of probation if the constable has completed such period of probation, in any police force specified in regulation 8(4) of those Regulations, as is required of constables appointed to the rank of constable in that police force.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5The Scottish Ministers must determine—athe application process and procedures in relation to the qualifying diploma course; andbthe content and format of the syllabus upon which the qualifying diploma course will be based.6The Scottish Ministers may, in making a determination under paragraph (5), confer such functions on the Authority or the chief constable in relation to that determination as they think fit.<Addition ChangeId="key-d7e8dc422527bc2bb8973fa0ad412b26-1733738538000" CommentaryRef="key-d7e8dc422527bc2bb8973fa0ad412b26">Police Leadership Development Programme</Addition>4A1The PLDP is the Police Leadership Development Programme, completed on or after 1st March 2021.2A constable may participate in the PLDP only if the constable has—acompleted the required period of probation in the rank of constable; andbsuccessfully applied for a place on the PLDP.3A constable who is to participate in the PLDP is to be promoted temporarily to the rank of sergeant on the first day of the constable participating in the PLDP, for such a period and on such conditions as the chief constable may determine.4For the purpose of paragraph (2)(a)—a“required period of probation” means the period of probation determined under regulation 8 of the Police Service of Scotland Regulations 2013;ba constable is taken to have completed the required period of probation if the constable has completed such period of probation, in any police force specified in regulation 8(4) of those Regulations, as is required of constables appointed to the rank of constable in that police force.5The Scottish Ministers must determine—athe application process and procedures in relation to the PLDP; andbthe content and format of the syllabus upon which the PLDP will be based.6The Scottish Ministers may, in making a determination under paragraph (5), confer such functions on the Authority or the chief constable in relation to that determination as they think fit.7The chief constable may remove a constable from the PLDP if the chief constable considers that the constable is not performing satisfactorily on the PLDP.8Where a constable is removed from the PLDP under paragraph (7), the constable is no longer eligible to participate in the PLDP unless they successfully reapply for a place on the PLDP in accordance with paragraph (2)(b).<Addition ChangeId="key-d7e8dc422527bc2bb8973fa0ad412b26-1733738558755" CommentaryRef="key-d7e8dc422527bc2bb8973fa0ad412b26">Requirement to hold qualification for promotion process</Addition>4BThe chief constable must hold either of the qualifying diploma or the PLDP at least once in each calendar year.Selection for promotion51Promotion from one rank to another rank is to be by selection.2The fact that a constable qualifies for promotion does not entitle the constable to promotion, or to promotion before another constable who qualified for promotion at a later date.Period of probation for constable promoted to the rank of sergeant61A constable who is promoted to the rank of sergeant (“a sergeant”) is to be on probation in that rank for a period of—aone year; orbfor such longer period, not exceeding two years, as the chief constable (whether at the time of the promotion or at any time during the period of probation) considers is appropriate in the circumstances of a particular case.2Any period of temporary promotion by virtue of regulation 7(2) is to be disregarded in calculating the period of probation.2ANotwithstanding paragraph (2), any period of temporary promotion by virtue of regulation 4A(3) must be taken into account in calculating the period of probation under paragraph (1), unless the constable was removed from the PLDP by virtue of regulation 4A(7) during that period of temporary promotion.3The chief constable may demote a sergeant to the rank of constable at any time during the period of probation if the chief constable considers that the officer is not likely to perform satisfactorily a sergeant’s duties.Temporary promotion71Paragraph (2) applies to a constable who—ais required to perform the duties of a higher rank; andbhas obtained the qualifying diploma or completed the PLDP.2A constable to whom this paragraph applies may be promoted temporarily to that higher rank, for such period and on such conditions as the chief constable may determine.Accelerated Promotion Programme81Paragraph (2) applies to a constable of the rank of constable who—ais selected to participate in an Accelerated Promotion Programme; andbat the beginning of the Programme, has either—iobtained the qualifying diploma; oriipassed a previous qualifying examination.2A constable to whom this paragraph applies is to be promoted temporarily to the rank of sergeant on the first day of the constable participating in the Programme, for such period and on such conditions as the chief constable may determine.3In this regulation—“Accelerated Promotion Programme” means a programme for the time being designated by the Scottish Ministers, for the purpose of this regulation, as the Accelerated Promotion Programme;“previous qualifying examination” means—qualifying examination A (elementary);qualifying examination B; orqualifying examination C.Recognition of examinations in certain police forces91If, during any previous service in a police force specified in paragraph (2), a constable has passed an examination or course which would qualify the constable for promotion in that police force—afrom the rank of constable to that of sergeant, the constable is taken to have obtained the qualifying diploma to qualify for promotion up to (and including) the rank of inspector for the purposes of regulations 3, 7 and 8; orbfrom the rank of sergeant to that of inspector, the constable is taken to have obtained the qualifying diploma to qualify for promotion to any rank below that of assistant chief constable for the purposes of regulations 3 and 7.2The police forces are—aa police force maintained under section 2(1) of the Police Act 1996;bthe metropolitan police force;cthe City of London police force;dthe Police Service of Northern Ireland;ethe British Transport Police Force;fthe States of Jersey Police Force;gthe salaried police force of the Island of Guernsey; andhthe Isle of Man Constabulary.3Paragraph (1) does not apply in the case of a constable who has passed an examination which would qualify the constable for promotion in the Isle of Man Constabulary where that examination was taken before 1stJanuary 1983.Determinations101Before making a determination under these Regulations, the Scottish Ministers must—aconsult and share a draft of that determination with the persons mentioned in section 54(2)(a)(i) to (vi) of the Police and Fire Reform (Scotland) Act 2012; andbconsider any representations made.2A determination under these Regulations may—amake different provision for different cases and circumstances;bvary or revoke earlier determinations under these Regulations.Revocations and transitional provisions111The instruments specified in column 1 of Schedule 1 are revoked to the extent specified in column 3 of that Schedule.2Schedule 2 (transitional provisions) has effect.KENNY MACASKILLA member of the Scottish Government
St Andrew’s House,Edinburgh
6th February 2013 SCHEDULE 1REVOCATIONSRegulation 11(1)
Column 1InstrumentColumn 2CitationColumn 3Extent of Revocation
The Police (Promotion) (Scotland) Regulations 1996S.I. 1996/221 (amended by S.S.I. 2004/257, 2007/528 and 2009/372)The whole Regulations
The Police (Scotland) Regulations 2004S.S.I. 2004/257Regulation 49
The Police (Promotion) (Scotland) Amendment Regulations 2007S.S.I. 2007/528The whole Regulations
The Police (Scotland) Amendment Regulations 2009S.S.I. 2009/372Regulation 2
SCHEDULE 2TRANSITIONAL PROVISIONSRegulation 11(2)1A constable, who before 1st April 2013 has passed (or, by virtue of either the 1968 Regulations or the 1996 Regulations, was deemed to have passed) a previous qualifying examination specified in column 1 of the Table below, is taken to have obtained the qualifying diploma to qualify for promotion to the rank specified in column 2 of the Table for the purposes of regulations 3 and 7.
Column 1Qualifying examinationColumn 2Rank
Qualifying examination A (elementary)Up to (and including) the rank of inspector
Qualifying examination A (advanced)To any rank below that of assistant chief constable
Qualifying examination BTo any rank below that of assistant chief constable
Qualifying examination CTo any rank below that of assistant chief constable
21A constable who has obtained the diploma mentioned in sub-paragraph (2) is taken to have obtained the qualifying diploma for the purposes of regulations 3, 7 and 8.2The diploma is the Diploma in Police Service Leadership and Management, being a qualification for promotion obtained at any time during the period beginning on 28th January 2008 and ending on 31st March 2013 for the purposes of (and in accordance with) the 1996 Regulations.3Any of the following acts done, before 1st April 2013, for the purposes of (and in accordance with) a provision of the 1996 Regulations, continues to have effect on and after that date as if it had been done for the purposes of (and in accordance with) the corresponding provision of these Regulations—aany application, selection or promotion made;bany place obtained; orcany course held.4Any period of probation served, before 1st April 2013, as a constable of a police force maintained under the Police (Scotland) Act 1967 for the purpose of (and in accordance with) regulation 2(2A)(a) or 4(1) of the 1996 Regulations, continues to have effect on and after that date as if it had been service on probation in the Police Service for the purpose of (and in accordance with) regulation 4(2)(a) or 6(1), respectively. EXPLANATORY NOTE(This note is not part of the Regulations)

These Regulations make provision in relation to the eligibility and procedure for the promotion of constables of the Police Service of Scotland.

These Regulations—aapply only to promotions to the ranks below that of assistant chief constable, which are promotions the chief constable makes under section 11(3) of the Police and Fire Reform (Scotland) Act 2012 (regulation 1(2));bdefine “constable” so as to apply to constables (other than the chief constable, other senior officers and special constables) of the Police Service of Scotland, including those on temporary service under section 15 or 16 of that Act (regulation 2(1));crequire such constables to have obtained the qualifying diploma to qualify for promotion (regulation 3);dmake provision in relation to the qualifying diploma, including eligibility to take the qualifying diploma course and the Scottish Ministers’ function of determining certain matters (subject to a consultation requirement) (regulations 4 and 10);eprovide that promotion is to be by selection, and that qualification for promotion is not an entitlement to promotion (regulation 5);frequire a constable, who is promoted to the rank of sergeant, to serve a period of probation in that rank, and authorise the chief constable to demote any such constable, during the period of probation, if satisfied that the constable is not likely to perform satisfactorily a sergeant’s duties (regulation 6);gprovide for temporary promotion, both generally (regulation 7) and in relation to constables, holding the rank of constable, who are selected to participate in an Accelerated Promotion Programme (regulation 8);hrecognise examinations passed in certain other UK police forces as relevant qualification for promotion in the Police Service of Scotland (regulation 9);irevoke the Police (Promotion) (Scotland) Regulations 1996 (“the 1996 Regulations”) and the enactments that have amended those Regulations (regulation 11(1) and Schedule 1); andjmake transitional provisions, including provision that constables, who before 1st April 2013 were qualified for promotion under the 1996 Regulations, are taken to have obtained the qualifying diploma to qualify for promotion in the Police Service of Scotland; and that periods of probation served as a constable of a police force maintained under the Police (Scotland) Act 1967 for the purposes of the 1996 Regulations, continue to have effect as if they had been service on probation in the Police Service of Scotland for the purposes of these Regulations (regulation 11(2) and Schedule 2).

 2012 asp 8. S.I.1968/717, amended by S.I.1971/344, 1976/1073, 1981/86, 1984/648, 1988/260, 1993/251 and 1994/1953, and revoked by S.I.1996/221. S.I.1996/221, amended by S.S.I.2004/257, 2007/528 and 2009/372. The Schedule was relevantly amended by S.I.1971/344. The Schedule was relevantly amended by S.I.1971/344. The Schedule was relevantly amended by S.I.1971/344 and 1993/251. S.S.I.2013/35. 1996 c.16; section 2 was amended by paragraph 4 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c.13). 2012 asp 8. 1967 c.77. Reg. 1 in force at 1.4.2013, see reg. 1(1)Reg. 2 in force at 1.4.2013, see reg. 1(1)Reg. 4 in force at 1.4.2013, see reg. 1(1)Reg. 6 in force at 1.4.2013, see reg. 1(1)Reg. 7 in force at 1.4.2013, see reg. 1(1)Reg. 5 in force at 1.4.2013, see reg. 1(1)Reg. 8 in force at 1.4.2013, see reg. 1(1)Reg. 9 in force at 1.4.2013, see reg. 1(1)Reg. 10 in force at 1.4.2013, see reg. 1(1)Reg. 11 in force at 1.4.2013, see reg. 1(1)Sch. 2 para. 1 in force at 1.4.2013, see reg. 1(1)Sch. 2 para. 2 in force at 1.4.2013, see reg. 1(1)Sch. 2 para. 3 in force at 1.4.2013, see reg. 1(1)Sch. 2 para. 4 in force at 1.4.2013, see reg. 1(1)Sch. 1 in force at 1.4.2013, see reg. 1(1)Regs. 4A, 4B inserted (1.3.2021) by The Police Service of Scotland (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/453), regs. 1, 7Words in reg. 2 inserted (1.3.2021) by The Police Service of Scotland (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/453), regs. 1, 4Reg. 3 substituted (1.3.2021) by The Police Service of Scotland (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/453), regs. 1, 5Reg. 4(4) omitted (1.3.2021) by virtue of The Police Service of Scotland (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/453), regs. 1, 6Reg. 6(2A) inserted (1.3.2021) by The Police Service of Scotland (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/453), regs. 1, 8Words in reg. 7(1)(b) inserted (1.3.2021) by The Police Service of Scotland (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/453), regs. 1, 9