The Police Service of Scotland Regulations 2013

Reckoning by constables of overseas police service

32.—(1) A constable of the Police Service of the rank of constable is entitled to reckon for the purposes of pay for that rank any period of certified overseas police service such as is mentioned in paragraph (2).

(2) The reference in paragraph (1) to certified overseas police service is a reference to—

(a) continuous service as a member of a police force in any territory or country outside the United Kingdom, being a colony, protectorate or protected state within the meaning of the British Nationality Act 1948(1), a dependent territory within the meaning of the British Nationality Act 1981(2) or, where appropriate, the territory or country wherein the colony, protectorate or protected state or dependent territory was incorporated after the inception of the service, subject to it having been certified by or on behalf of the Secretary of State that—

(i) the service was, at its inception, pensionable; and

(ii) in the Secretary of State’s opinion the individual concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question; or

(b) continuous service for 6 years or more as a member of a police force outside the United Kingdom, subject to it having been certified by or on behalf of the Secretary of State that—

(i) the individual concerned so served under a contract of service;

(ii) immediately before the individual ceased so to serve, the individual concerned was, for the purposes of section 12 of the Overseas Development Act 1980(3), an individual designated in accordance with such an agreement as is therein mentioned; and

(iii) in the Secretary of State’s opinion the individual concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question,

except that it does not include a reference to service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980(4) or service pursuant to appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002(5) where that member has a right of reversion under section 15(5) of the 2012 Act.

(1)

1948 c.56.

(2)

1981 c.61.

(3)

1980 c.63. Section 12 was repealed by Schedule 4 to the International Development Act 2002 (c.1) but, by virtue of paragraph 4 of Schedule 5 to that Act, the repeal does not prevent any agreement entered into under section 12 from continuing to have effect.

(4)

Section 10 was repealed by Schedule 4 to the International Development Act 2002 (c.1) but, by virtue of paragraph 3 of Schedule 5 to that Act, officers holding appointment under that section immediately before repeal continue to hold office under that section after repeal.

(5)

2002 c.1.