Part IIS Central Administration and Supervision and Common Services

Common servicesS

[F138A Constables engaged on service outside their force.S

(1) For the purposes of this section “ relevant service ” means—

(a)temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act,

[F2(aa)temporary service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002, on which a person is engaged with the consent of the appropriate authority;]

[F3(ab)temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) (service with the Independent Police Complaints Commission);]

(b) central service (as defined by section 38(5) of this Act) F4 ...,

F5(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(bc)relevant service as a member of the staff of the Serious Organised Crime Agency on which a person is engaged with the consent of the appropriate authority,]

[F8(bd)temporary service with the Scottish Police Services Authority on which a person is engaged with the consent of the appropriate authority;

(be)temporary service with the Scottish Crime and Drug Enforcement Agency on which a person is engaged with the consent of the appropriate authority;

(bf)service as Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency on which a person is engaged with the consent of the appropriate authority;

(bg)temporary service as an assistant inspector of constabulary under section 56 of the Police Act 1996 (c. 16) on which the person is engaged with the consent of the appropriate authority;]

[F9(bh)temporary service with the National Policing Improvement Agency on which a person is engaged with the consent of the appropriate authority;]

(c) service the expenses of which are payable under section 1(1) of the M1 Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

[F10(ca)temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;]

(d) service in the [F11 Police Service of Northern Ireland ] , on which a person is engaged with the consent of the Secretary of State and the appropriate authority, F12 . . .

(e) service pursuant to an appointment under section 10 of the M2 Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority [F13 , or.

(f)service in connection with the provision by the Secretary of State of assistance under the International Development Act [F142002] on which a person is engaged with the consent of the appropriate authority.]

(2) In subsection (1) of this section “ appropriate authority ” has the same meaning as in section 38 of this Act.

(3) Subject to subsections (4) to [F15 (8) ] of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M3 Police Pensions Act 1976—

(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service.

(4) In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the M4 Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M5 Police (Overseas Service) Act 1945.

(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a)the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

[F16(5A) If, when engaged on relevant service to which subsection (1)(bf) applies, a person is promoted by virtue of paragraph 1(7) or 2(7) of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, paragraphs (a) and (b) of subsection (5) of this section apply as if the person had been promoted in his police force.]

(6)A constable who—

(a)has completed a period of relevant service within paragraph (a), [F17(aa),] (b) [F18F19... (bc), [F20(bd), (be), (bf), (bg)] [F21, (bh),] (e) or (f)] of subsection (1) of this section,

(b) while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the M6 Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c)while engaged on relevant service within paragraph [F22(ca) or] (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 30 of this Act shall apply accordingly.

(7)For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b)in a case within paragraph (c) of that subsection it is given by or on behalf of [F23the Police Ombudsman for Northern Ireland or (as the case may be)] the Chief Constable of the [F24Police Service of Northern Ireland], or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.

[F25(8) A constable of a police force engaged on relevant service within paragraph (aa), (ab), (b), (bb), (bc), (bd), (bg) or (bh) of subsection (1) of this section shall be treated for the purposes of sections [F2659, 60 and 64] of the Police Act 1996 (c. 16) as if he were a member of that force.]]

Textual Amendments

F1S. 38A inserted (1.4.1995) by 1994 c. 29, s. 60; S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F2S. 38A(1)(aa) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 3(3); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

F3S. 38A(1)(ab) inserted (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 7 para. 1(1); S.I. 2004/913, art. 2(e)

F4Words in s. 38A(1)(b) repealed (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 1(5)(a)(i); S.S.I. 2006/432, art. 2(h)

F5S. 38A(1)(ba) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 14(2)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(g)

F6S. 38A(1)(bb) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F7S. 38A(1)(bc) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 14(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10

F8S. 38A(1)(bd)-(bg) inserted (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 1(5)(a)(ii); S.S.I. 2006/432, art. 2(h)

F9S. 38A(1)(bh) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 53(2); S.I. 2007/709, art. 3(a) (with art. 6)

F10S. 38A(1)(ca) inserted (21.2.2003) by Police (Northern Ireland) Act 1998 (c. 32), s. 75, Sch. 4 para. 4(2); S.R. 2003/142, art. 3

F11Words in s. 38A(1)(d) substituted (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 1(5)(a)(iii); S.S.I. 2006/432, art. 2(h)