[F1Constitution and procedure etc.S
Textual Amendments
F1Sch. 2A inserted (9.3.2023) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 3; S.S.I. 2023/49, art. 2(c)
5(1)It is for the Scottish Ministers to prepare the constitution for the PNBS.S
(2)The constitution must regulate the procedure for consensus to be reached among the members of the PNBS on the terms of representations to be made under section 55B(1) or 55C(1).
(3)The constitution—
(a)may require a dispute on representations to be made under section 55B(1) to be submitted to arbitration by agreement among the members to do so, and must not prevent such a dispute from being submitted to arbitration on such agreement (except prevention by way of limitation as allowed below),
(b)may—
(i)authorise the chairperson to submit such a dispute to arbitration without such agreement,
(ii)limit how often within a reporting year such a dispute can be submitted to arbitration (including limitation framed by reference to particular matters or circumstances).
(4)The constitution may contain provision about—
(a)membership (including number of members to represent each of the interests mentioned in paragraph 2(1)(b)),
(b)internal organisation (for example, committees and office-holders),
(c)procedures to be followed (including conduct of meetings),
(d)the content of a report required by section 55E,
(e)such other matters as the Scottish Ministers consider appropriate.
(5)The Scottish Ministers—
(a)must keep the constitution under review,
(b)may revise it from time to time.
(6)Before preparing or revising the constitution, the Scottish Ministers must consult—
(a)the Authority,
(b)the chief constable, and
(c)persons representing the interests of constables (other than special constables) and police cadets.
(7)The constitution, or any revision of it, has effect only when brought into effect by the Scottish Ministers by regulations.]