The Police (Scotland) Amendment (No.2) Regulations 1987

Statutory Instruments

1987 No. 1914 (S.131)

POLICE

The Police (Scotland) Amendment (No.2) Regulations 1987

Made

3rd November 1987

Laid before Parliament

19th November 1987

Coming into force

10th December 1987

The Secretary of State, in exercise of the powers conferred upon him by section 26 of the Police (Scotland) Act 1967(1)and of all other powers enabling him in that behalf, after taking into consideration any representations made by the Police Advisory Board for Scotland following the submission of a draft of the Regulations in accordance with section 26(9) of the said Act of 1967, and after taking into consideration the recommendations made by the Police Negotiating Board for the United Kingdom and furnishing the said Police Negotiating Board for the United Kingdom with a draft of the Regulations in accordance with section 2(1) of the Police Negotiating Board Act 1980(2), hereby makes the following Regulations:

Citation

1.  These Regulations may be cited as the Police (Scotland) Amendment (No.2) Regulations 1987.

Commencement

2.  These Regulations shall come into force on 10th December 1987 and shall have effect for the purposes of regulation 8 as from 1st February 1987 and of regulations 10 and 11 as from 1st September 1987.

Interpretation

3.  In these Regulations any reference to “the principal Regulations” is a reference to the Police (Scotland) Regulations 1976(3).

Amendment of definitions

4.  In regulation 1(2)(g) of the principal Regulations (citation, commencement and interpretation) for the definition of “public holiday” there shall be substituted the following definition:—

““public holiday” means Christmas Day, New Year’s Day and each of 6 other days, being as far as is practicable local public holidays and in any year where Christmas Day, 26th December or New Year’s Day falls on a Saturday or Sunday the 6 other days shall be increased by 1 for each day on which Christmas Day, 26th December or New Year’s day falls on a Saturday or Sunday;.”

5.  There shall be substituted for regulation 1(2)(h) of the principal Regulations the following:—

“(h) a reference to a police force shall include a reference to the Royal Ulster Constabulary and to a police force maintained under the Police Act 1964(4), so however that nothing in these Regulations shall be construed as relating to the government, administration or conditions of service of the Royal Ulster Constabulary or of such a force as is last mentioned.”

Qualifications for appointment of deputy chief constable, assistant chief constable, superintendent or chief inspector

6.  For regulation 7 of the principal Regulations (qualifications for appointment of deputy chief constable, assistant chief constable, superintendent or chief inspector) there shall be substituted the following regulation:—

“Qualifications for appointment of deputy chief constable, assistant chief constable, superintendent or chief inspector

7.— (1) No person shall be qualified for appointment as deputy chief constable or as assistant chief constable in a police force unless—

(a) he has had at least 2 years' experience in the substantive rank of chief superintendent, or in a higher rank, in a police force, as a central police officer or as a constable assigned to duty with the Scottish Crime Squad before the date on which the appointment shall take effect;

(b) he has been certified by a registered medical practitioner approved by the police authority to be in good health, of sound constitution and fitted both physically and mentally to perform the duties of the rank of deputy chief constable or, as the case may be, assistant chief constable.

(2) No person shall be qualified for appointment as superintendent or chief inspector in a police force unless he has had previous police experience in the rank of inspector.”

Qualifications for appointment of chief constable

7.  In regulation 8(1) of the principal Regulations (qualifications for appointment of chief constable) for sub-paragraphs (a) and (d) there shall be substituted the following sub-paragraphs:—

“(a) is serving in a police force and has had at least 2 years' experience in the substantive rank of assistant chief constable, or in a higher rank, in a police force other than the force for which the appointment is required, before the date on which the appointment shall take effect;” and

“(d) has not attained the age of 55 on or before the date on which the appointment shall take effect:

• Provided that a person who has attained that age may be appointed if he has served in another police force as chief constable of that force;”

Supplementary rent allowance

8.  In regulation 43(3) of the principal Regulations (supplementary rent allowance) for the sum “£8.33” in both places where it occurs there shall be substituted the sum “£13.92”.

Removal allowance

9.  In regulation 47(1)(d) of the principal Regulations (removal allowance) for the words “not exceeding 13 weeks” there shall be substituted the words “not exceeding 39 weeks”.

Scales of pay

10.  In Schedule 3 to the principal Regulations (scales of pay) for Table A and Table B there shall be substituted the Table A and the Table B respectively set out in Schedule 1 to these Regulations.

Dog handler’s allowance

11.  In paragraph 1(1) of Schedule 10 to the principal Regulations (dog handler’s allowance) for the sums “£567” and “£771” there shall be substituted the sums “£612” and “£831” respectively.

Revocations

12.  The Regulations specified in column 1 of Schedule 2 to these Regulations are revoked to the extent specified in column 3 of that Schedule.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

New St Andrew’s House,

Edinburgh

3rd November 1987

SCHEDULE 1

Regulation 10

TABLE A

Rank	Before completing 1 year of service in the rank	After 1 year of service in the rank	After 2 years of service in the rank	After 3 years of service in the rank	After 4 years of service in the rank
	£ a year	£ a year	£ a year	£ a year	£ a year
Chief Inspector	17,364	17,850	18,336	18,825	19,317
Inspector	15,294	15,771	16,392	16,875	17,364
Sergeant	13,332	13,938	14,427	14,907	15,294

TABLE B

Reckonable service	Annual pay
	£
Before completing 1 year of service	8,352
After 1 year of service	8,931
After 2 years of service	10,512
After 3 years of service	10,761
After 4 years of service	11,118
After 5 years of service	11,499
After 6 years of service	11,868
After 7 years of service	12,234
After 8 years of service	12,597
After 12 years of service	13,332
After 15 years of service	13,938

Regulation 12

SCHEDULE 2

REVOCATIONS

(Regulations revoked)	(References)	(Extent of revocation)
The Police (Scotland) Amendment Regulations 1978	S.I. 1978/528	The whole Regulations
The Police (Scotland) Amendment Regulations 1980	S.I. 1980/1050	Regulation 6
The Police (Scotland) Amendment Regulations 1981	S.I. 1981/67	Regulation 5
The Police (Scotland) Amendment Regulations 1985	S.I. 1985/111	Regulation 6
The Police (Scotland) Amendment Regulations 1987	S.I. 1987/423	Regulations 6 and 8 and the Schedule

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Police (Scotland) Regulations 1976 (“the principal Regulations”). They come into force on 10th December 1987 and have effect for the purposes of regulation 8 as from 1st February 1987 and of regulations 10 and 11 as from 1st September 1987 (retrospection being authorised by section 26(3) of the Police (Scotland) Act 1967).

Regulation 4 amends the definition of “public holiday” to include an extra day or days whenever Christmas Day, 26th December or New Year’s Day falls on a Saturday or Sunday.

Regulation 5 amends the definition of a “police force” to include the Royal Ulster Constabulary.

Regulation 6 ensures that candidates for posts at deputy chief constable or assistant chief constable level should have completed two years' service in the rank of chief superintendent or above. It also provides for medical examinations for candidates for deputy chief constable and assistant chief constable posts.

Regulation 7 ensures that candidates for posts at chief constable level should have had at least two years' experience at deputy chief constable or assistant chief constable level in another force; experience as a central police officer or with the Scottish Crime Squad no longer qualifies. The age limit for candidates for chief constable posts who are not already chief constables is also clarified; a candidate is not eligible if, by the date of the appointment, such candidate has attained his 55th birthday.

Regulation 8 increases supplementary rent allowance from £8.33 per week to £13.92 per week.

Regulation 9 extends from 13 weeks to 39 weeks the period during which additional removal expenses may be paid at the discretion of the police authority once the initial period of 13 weeks provided for in the principal Regulations has expired.

Regulations 10 and 11 provide for increases in the rates of pay of police constables, sergeants, inspectors and chief inspectors and in the rates of the dog handler’s allowance.

(1)

1967 c. 77; section 26(9) was amended by section 2(4) of the Police Negotiating Board Act 1980 (c. 10); section 26(1A) and (10) were inserted by section 111 of the Police and Criminal Evidence Act 1984 (c. 60)

(2)

1980 c. 10

(3)

S.I. 1976/1073; the relevant amending instruments are S.I. 1978/528, 1980/1050, 1981/67, 1985/111, 1733 and 1987/423

(4)

1964 c. 48