Police (Scotland) Act 1967 (repealed)

Common services S

[36 F1 Common services. S

(1) After consulting the Joint Central Committee and such bodies or associations as appear to the Secretary of State to be representative of police authorities or of chief constables or superintendents (such consultation being in the following provisions of this section referred to as “relevant consultation”), he may, either directly or indirectly, provide and maintain such facilities and services, or establish and maintain such institutions and organisations, as he considers necessary or expedient for promoting the efficiency of the police.

(2) The Secretary of State may, after relevant consultation, by regulations make provision for requiring all police forces in Scotland to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1) above) if he considers that it would be in the interests of the efficiency of the police for them to do so.

(3) The Secretary of State may, after relevant consultation, by order determine the charges to be payable for facilities and services provided under or by virtue of subsection (1) above, make provision as regards their payment and make provision for the recovery, other than by such charges, of expenses incurred by him in providing the facilities and services.

(4) A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any expenses falling on a police authority or joint police committee by virtue of subsection (3) above shall be defrayed in like manner as other expenses incurred for the purposes of this Act by the authority or committee.

(6) The Secretary of State may, after relevant consultation, in any order under subsection (3) above apply that order, or any provision of that order, to other expenses specified in the order, being expenses incurred by him for the purposes of police forces generally.]

Textual Amendments

F1 S. 36 substituted (1.1.1995) by 1994 c. 29, s. 59; S.I. 1994/3075, art. 2, Sch.

37 Research. S

The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency of the police.

38 Central service on police duties. S

F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (3A) Notwithstanding anything in [F4 section 38A(3) of this Act], a person engaged on central service shall continue to be a constable and shall be treated for the purposes of sections 17 and 43 of this Act as if he were a constable of his police force.]

[F3 (3B) The Secretary of State shall be liable in reparation in respect of any wrongful act or omission on the part of any constable engaged on central service in the performance or purported performance of his functions in like manner as a master is liable in respect of a wrongful act or omission on the part of his servant in the course of the servant’s employment.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(5) In this section—

• “central service” means temporary service under the Crown in connection with the provision by the Secretary of State of common police services, research or other services connected with the police, and [F6 temporary service under section 34 of this Act];

• “appropriate authority” means—

  (a)

  in relation to the chief constable of a police force, the police authority;

  (b)

  in relation to any other constable, the chief constable acting with the consent of the police authority;

• F7 . . ..

Textual Amendments

F2 S. 38(1)-(3) repealed (1.1.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3075, art. 2, Sch.

F3 S. 38(3A)(3B) inserted (retrosp.) after section 38(3) by Police Officers (Central Service) Act 1989 (c. 11, SIF 95), s. 2(1)(2)

F4 Words in s. 38(3A) substituted (1.4.1995) by 1994 c. 29, s. 63(7)(a); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

F5 Ss. 35, 38(4) repealed by Police Pensions Act 1976 (c. 35), Sch. 3

F6 Words in the definition of “central service” in s. 38(5) substituted (1.1.1995) by 1994 c. 29, s. 63(7)(b); S.I. 1994/3075, art. 2, Sch.

F7 Definition of “police regulations” in s. 38(5) repealed (1.1.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3075, art. 2, Sch.

[F8 38A Constables engaged on service outside their force. S

(1) For the purposes of this section “relevant service” means—

(a) temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act,

(b) central service (as defined by section 38(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

(c) service the expenses of which are payable under section 1(1) of the M1 Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d) service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e) service pursuant to an appointment under section 10 of the M2 Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2) In subsection (1) of this section “appropriate authority” has the same meaning as in section 38 of this Act.

(3) Subject to subsections (4) to (7) of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M3 Police Pensions Act 1976—

(a) he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b) he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service.

(4) In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the M4 Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M5 Police (Overseas Service) Act 1945.

(5) A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a) the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b) for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6) A constable who—

(a) has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section,

(b) while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the M6 Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c) while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 30 of this Act shall apply accordingly.

(7) For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a) in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b) in a case within paragraph (c) of that subsection it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.]

Textual Amendments

F8 S. 38A inserted (1.4.1995) by 1994 c. 29, ss. 60, 94(3)(c); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)

Marginal Citations

M1 1945 c. 17.

M2 1980 c. 63.

M3 1976 c. 35.

M4 1976 c. 35.

M5 1945 c. 17.

M6 1945 c. 17.