The Police Service of Scotland (Amendment) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police Service of Scotland Regulations 2013 (“the 2013 Regulations”).

Regulation 3 is amended to remove the requirement for the chief constable to consult with local representatives of the representative bodies. This is no longer required and constables now agree their part-time service with the chief constable.

Regulation 3 is also amended to remove the reference to job sharing as a distinct form of part-time service. Job sharing is part-time service but the Police Negotiating Board (“PNB”) agreed that no distinction is required in the 2013 Regulations.

The omission of regulation 3(7) will mean that regulation 17 (overtime) will no longer be modified in its application to part-time constables, meaning that the overtime regulation will apply to part-time constables in the same way as it applies to full-time constables.

Regulation 11 is amended to ensure that a constable’s personal record includes the details of all part-time service by a constable.

Regulation 17 is amended, following agreement by the PNB, to provide that (where there is an exigency of duty) a constable’s start time can be advanced or deferred, without compensation, if they are given due notice, but that the “due notice” period would be increased from 8 hours to 24 hours. The exception is for unforeseen court attendance where the “due notice” is 12 hours.

Any advancement or deferment of a constable’s start-time where due notice has not been given will be categorised as “overtime” and the constable will be entitled to be compensated in accordance with the relevant determination made by the Scottish Ministers.

The PNB agreed that constables should be able to nominate another day in place of Christmas Day or New Year’s Day (or two other days in place of both) for religious or cultural reasons. The amendment to regulation 18 gives effect to that agreement.

Regulation 25 is amended to require the Scottish Ministers to determine the circumstances in which a constable can get leave to accompany another person to an antenatal appointment.

The amendment to regulation 31 makes clear that where a constable has received a Temporary Salary for service at a higher rank, that service will be taken into account for the purpose of determining salary and salary increments. The PNB agreed that this will have effect from 1 January 2023.

The PNB has now been replaced by the Police Negotiating Board for Scotland and the amendment to regulation 34 reflects this.