Police and Fire Reform (Scotland) Act 2012

Constables serving in SPSA or SCDEA

7 (1) An individual who, immediately before the appointed day, is the Director General or Deputy Director General of, or is a police member of, the SCDEA is, on the appointed day, to transfer to serve as a constable of the Police Service.

(2) Sub-paragraph (1) does not apply to a police member of the SCDEA serving as a member of the SPSA’s staff in accordance with an arrangement made by virtue of paragraph 10(3) of schedule 1 to the 2006 Act(see sub-paragraphs (5) and (6)(a) below).

(3) Sub-paragraph (4) applies where, immediately before the appointed day, an individual—

(a) is serving as a member of the SPSA’s staff in accordance with an arrangement made by virtue of paragraph 10(2) of schedule 1 to the 2006 Act, and

(b) is not a police member of the SCDEA.

(4) Where this sub-paragraph applies, it is for the Scottish Police Authority to determine whether the individual concerned is, on the appointed day, to transfer—

(a) to serve as a constable of the Police Service, or

(b) to be engaged on temporary service as a member of the Authority’s staff.

(5) Sub-paragraph (6) applies where, immediately before the appointed day, an individual is serving as a member of the SPSA’s staff in accordance with an arrangement made by virtue of paragraph 10(3) of schedule 1 to the 2006 Act.

(6) Where this sub-paragraph applies, the arrangement is, on and after the appointed day, to have effect as if made by the Scottish Police Authority under section 16 and—

(a) where the individual concerned is a police member of the SCDEA, the individual is, on the appointed day, to transfer to be engaged on temporary service as a constable of the Police Service, or

(b) where the individual concerned is not a police member of the SCDEA, it is for the Scottish Police Authority to determine whether the individual is, on the appointed day, to transfer—

(i) to be engaged on temporary service as a constable of the Police Service, or

(ii) to be engaged on temporary service as a member of the Authority’s staff.