(1)If the chief constable of a police force which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist—
(a)chief constable of the new force, or
(b)constable of any rank in any other police force which exists on that date,
he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection.
(2)While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of [F2assistant] chief constable, but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist.
(3)A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act [F3and to subsection (3A) below], cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity.
F4 [( 3A )If a chief constable was appointed for a term which expires within three months of his becoming a constable of a police force by virtue of this section, subsection (3) above shall have effect as if the reference in it to three months were a reference to that term.]
(4) The provision to be made by regulations under section 24 of the M1 Superannuation Act 1972 or section 219 of the M2 Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the M3[F5 Police Pensions Act 1976 ] had the first-mentioned police force been combined with another force by an amalgamation scheme under the M4 Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)( b ) of the M5[F5 Police Pensions Act 1976 ] shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is affected by this section.
(5)The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force.
(6)In this section—
”new force’ has the same meaning as it has for the purposes of Schedule 2 to this Act;
”relevant authority’ means the police authority or, as the case may be, the [F6joint police board] responsible for the appointment of the chief constable of the relevant new force;
”relevant new force’ means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred.]
Textual Amendments
F1S. 23 substituted by Local Government (Scotland) Act 1973 (c. 65), s. 146(8)
F2Word in s. 23(2) substituted (1.4.1995) by 1994 c. 29, s. 53(2)(a); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
F3Words in s. 23(3) inserted (1.4.1995) by 1994 c. 29, s. 53(2)(b); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
F4S. 23(3A) inserted (1.4.1995) by 1994 c. 29, s. 53(2)(c); S.I. 1995/492, art. 2, Sch. 1 (with art. 4)
F5Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 6(b)
F6Words in the definition of “relevant authority” in s. 23(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(9); S.I. 1996/323, art. 4(1)(b)(c)
Marginal Citations