SCHEDULE 5Transfer of constables, staff and property etc.

Limitation on mobility of transferred constables

10

(1)

Sub-paragraph (2) applies to a constable of the Police Service who, immediately before the appointed day, is a constable of a police force (including any such constable who is, at that time, engaged in service outwith that force).

(2)

A constable to whom this sub-paragraph applies must not be assigned duties which, in the opinion of the Scottish Ministers, would necessitate that constable moving home to a place outwith what was the area of the police force which has ceased to exist.

(3)

Sub-paragraph (2) does not apply to a constable who, immediately before the appointed day, is engaged in service outwith that constable's force until—

(a)

in the case of a constable who is not, on the appointed day, transferred in accordance with this schedule to serve as a constable of the Police Service, such time as the constable reverts to so serve, and

(b)

in the case of a constable who is, on the appointed day, transferred in accordance with this schedule to serve as a constable of the Police Service, such time as the chief constable may determine.

(4)

Sub-paragraph (2) ceases to apply to a constable if, on or after the appointed day, the constable—

(a)

is or becomes a senior officer of the Police Service,

(b)

is promoted to a higher rank,

(c)

gives the chief constable written consent to the lifting of the limitation imposed by sub-paragraph (2).