1993 No. 3081 (S.294)
The Police (Scotland) Amendment Regulations 1993
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by section 26 of the Police (Scotland) Act 19671, 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 any recommendations made by the Police Negotiating Board for the United Kingdom and furnishing the said Board with a draft of the Regulations in accordance with section 2(1) of the Police Negotiating Board Act 19802, hereby makes the following Regulations:
Citation1
These Regulations may be cited as the Police (Scotland) Amendment Regulations 1993.
Commencement2
These Regulations shall come into force on 1st January 1994, and shall have effect–
a
for the purposes of regulations 4, 5 and 6 as from 1st January 1994;
b
for the purposes of regulation 7 as from 1st April 1990;
c
for the purposes of regulation 8 as from 1st April 1989;
d
for the purposes of regulation 9 as from 1st April 1993, subject to the transitional provisions in regulation 12 of these Regulations;
e
for the purposes of regulation 11 as from 1st January 1993.
Interpretation3
In these Regulations any reference to “the principal Regulations” is a reference to the Police (Scotland) Regulations 19763.
Meanings assigned to certain expressions4
Regulation 1(2)(g) of the principal Regulations shall be amended by inserting after the definition of “inspector”–
“joint branch board” means the joint branch board mentioned in regulation 7(3) of the Police Federation (Scotland) Regulations 19854;
Variable shift arrangements5
There shall be inserted after regulation 21A5 of the principal Regulations the following regulation:–
Variable shift arrangements21B
–
1
This regulation applies to every constable below the rank of superintendent.
2
A chief constable may, if he has obtained the consent of the Secretary of State to his doing so, bring into operation variable shift arrangements agreed by him with the joint branch board for all constables to whom this regulation applies or for any particular class of such constables.
3
Variable shift arrangements must provide, as respects constables for whom they are in operation–
a
for hours of duty equivalent to those resulting from the application to other constables of regulations 21(2) and 23(2), and
b
for annual leave equivalent to that resulting from the application to other constables of regulation 26(1) and Schedule 2.
4
In relation to constables for whom variable shift arrangements are in operation these Regulations have effect with the modifications set out in Schedule 1A.
Modifications for variable shift arrangements6
After Schedule 1 to the principal Regulations there shall be inserted Schedule 1A set out in the Schedule to these Regulations.
Transitional rent allowance7
1
In regulation 42B(5) of the principal Regulations (transitional rent allowance)6 for the words “half the annual rate of rent allowance payable to him” there shall be substituted the words “flat-rate rent allowance payable to constables of his force of the rank he held”.
2
After regulation 42B(5) of the principal Regulations there shall be inserted the following paragraphs:–
5A
Where a constable in receipt of a transitional rent allowance–
a
was entitled on 31st March 1990 to a flat-rate rent allowance, and
b
is married to (but not separated from) a woman constable who on or after 1st April 1990 begins a period of unpaid maternity leave,
his transitional rent allowance shall, during his wife’s period of unpaid maternity leave, be payable at an annual rate equivalent to the maximum limit rent allowance which would have been payable to him on 31st March 1990 in respect of the accommodation in which he was living on 31st March 1990 if his wife had then been on unpaid maternity leave.
5B
Where a constable in receipt of a transitional rent allowance–
a
was entitled on 31st March 1990 to a flat-rate rent allowance, and
b
was then and remains married to (but not separated from) a constable of a police force who is also in receipt of a transitional rent allowance and who on or after 1st April 1990 resigns (otherwise than upon immediate transfer to another force), retires or is discharged by reason of his services being dispensed with under regulation 12 (whether or not, in the case of a woman constable, the resignation, retirement or discharge immediately follows a period of unpaid maternity leave),
his transitional rent allowance shall, after the date on which that resignation, retirement or discharge takes effect, be payable at an annual rate equivalent to the maximum limit rent allowance which would have been payable to him on 31st March 1990 in respect of the accommodation in which he was living on 31st March 1990 if the person to whom he is married had not then been a constable of a police force.
3
In regulation 42B(8A) (c) of the principal Regulations (transitional rent allowance) for the words “paragraph (8)” there shall be substituted the words “paragraph (5A), (5B) or (8)”.
4
For sub-paragraph (e) of regulation 42C(3) of the principal Regulations (transitional rent allowance)7 there shall be substituted the following sub-paragraph:–
e
in paragraph (5), for the word “was” there were substituted the word s “would (if he had then been a constable of his police force) have been”, and for the words which follow “be equal to” there were substituted the words “the flat-rate rent allowance”payable on 31st March 1990 to constables of his force of the rank in which he was serving immediately before the commencement of his period of central service or overseas service.
Provided accommodation allowance8
In regulation 45A of the principal Regulations (provided accommodation allowance)8 for paragraph (1) there shall be substituted the following paragraph:–
1
This paragraph applies to–
a
a constable who was on 31st March 1989 occupying a house or quarters with which he was provided by his police authority free of rent and rates and who on or after 1st April 1989 continued to occupy such accommodation free of rent;
b
a constable who having been in receipt of rent allowance on 31st March 1989 took up on or after 1st April 1989 and before 1st April 1990 occupation of a house or quarters with which he was provided by his police authority free of rent and rates and who was occupying such accommodation on 31st March 1990 (but applies only from the date on which he took up that occupation); and
c
a woman constable who on 31st March 1989 was on unpaid maternity leave under regulation 28 and had ceased to occupy a house or quarters provided by her police authority free of rent and rates by reason only of her being on that leave and who on her subsequent return to duty again occupied a house or quarters so provided (but applies only from the date of that return to duty);
and again applies (from the date of her return to duty) to a woman constable to whom sub-paragraph (a), (b) or (c) has applied, who has ceased to be provided with a house or quarters free of rent by reason only of her being on unpaid maternity leave under regulation 28 and who on her subsequent return to duty is again so provided.
Removal allowance9
In regulation 47(6) of the principal Regulations (removal allowance)9 for the sum “£1,257” there shall be substituted the sum “£1,290”.
Restrictions on the private lives of constables10
In paragraph 2 of Schedule 1 to the principal Regulations (restrictions on the private life of constables) there shall be inserted at the end the words–
and such approval may be given–
a
in relation to any specified case or cases; or
b
generally in relation to all cases or in relation to all cases subject to specified exceptions.
Annual leave11
1
Subject to paragraph (2) below, paragraph 1A of Schedule 2 to the principal Regulations (annual leave)10 shall be amended as follows:–
a
for the words “31st December 1986” where they twice occur there shall be substituted the words “31st December 1993”; and
b
in the second column of the Table for the figures “20”, “22”, “25”, “26” and “28” there shall be substituted the figures “21”, “23”, “26”, “27” and “29” respectively.
2
For the purpose of the first leave year (within the meaning of “leave year” given in paragraph 4(1) of Schedule 2 to the principal Regulations) beginning after 31st December 1992, paragraph 1A of that Schedule shall have effect as if for the figures “20”, “22”, “25”, “26” and “28” in the second column of the Table there were substituted the figures “22”, “24”, “27”, “28” and “30” respectively.
Transitional and saving provision12
Notwithstanding the provisions of regulation 9 of these Regulations, regulation 47 of the principal Regulations shall continue to apply as it had effect immediately before the coming into force of these Regulations in relation to any move which took place before 1st April 1993.
Revocation13
Regulation 7 of the Police (Scotland) Amendment Regulations 199211 is hereby revoked.
SCHEDULE
SCHEDULE 1AMODIFICATIONS FOR VARIABLE SHIFT ARRANGEMENTS
1
In regulation 21 (normal daily period of duty) for paragraphs (2) to (4) substitute–
2
As far as the exigencies of duty permit, a shift shall consist of one continuous period.
3
Where in one day a constable is on duty for a continuous period of 5 hours or more, time for refreshment shall, so far as the exigencies of duty permit, be allowed in accordance with the Table below.
Number of hours on duty
Refreshment time
Less than 6 hours
30 minutes
6 hours or more, but less than 7 hours
35 minutes
7 hours or more, but less than 8 hours
40 minutes
8 hours or more, but less than 9 hours
45 minutes
9 hours or more, but less than 10 hours
50 minutes
10 hours or more
60 minutes
4
Where a shift consists of two periods amounting in total to 5 hours or more and the constable does not travel to and from his home between those periods, an interval for refreshment and rest shall normally be included at the beginning or end of one of them.
2
In regulation 21A (rostering of duties for lower ranks)–
a
in paragraph (1) omit the word “annual”;
b
in paragraph (3)–
i
for the words “the 12 months following the date on which it comes into force” substitute “the period for which it has effect”, and
ii
in sub-paragraph (a) for the words “his scheduled daily periods of duty are” substitute “each of his shifts is”;
c
in paragraph (4)(a) for the words “daily periods of duty” substitute “shifts”; and
d
in paragraph (5) for the words “daily period of duty” substitute “shift”.
3
In regulation 22 (overtime)12–
a
in paragraph (1)–
i
for the words “his tour of duty” substitute “a rostered shift”;
ii
for the words “tours of duty” substitute “rostered shifts”; and
iii
for the words “a tour of duty” and for the words “his normal daily period of duty” substitute “a rostered shift”;
b
in paragraph (6) for the word “tour”, wherever occurring, substitute “shift”;
c
omit paragraph (7)(b);
d
in paragraph (7)(c) for the words “tours of duty” substitute “shifts”;
e
in paragraph (7)(d)–
i
for the words “tour of duty” substitute “shift”;
ii
for the words “begin that tour” substitute “begin that shift”;
iii
for the words “his normal daily period of duty” substitute “a rostered shift”; and
iv
for the words “that tour of duty” substitute “that shift”; and
f
in paragraph (8) in the definition of “due notice” for the words “tour of duty” substitute “shift”.
4
In regulation 23 (public holidays and rest days for lower ranks)13 in paragraph (2) after the words “the rate of” insert “not less than”.
5
In regulation 24 (travelling time treated as duty) substitute for paragraph (1)–
1
This regulation applies to a constable where–
a
his shift consists of two separate periods, or
b
he is recalled to duty between two shifts,
and he travels to and from his home between those periods or, as the case may be, in consequence of his recall (in this regulation referred to as “relevant travelling”).
6
In regulation 26 (annual leave) omit paragraph (1).
7
In regulation 30A (temporary salary)14–
a
omit paragraphs (1) and (2);
b
in paragraph (3)–
i
for the words from “has been required” to “equal to” substitute “has had qualifying shifts amounting in total to 112 hours shall be paid in respect of each further qualifying shift in that year at the hourly rate arrived at by dividing by 8 a day’s pay at”; and
ii
in the proviso for the words after “granted” substitute “time off equal to the time spent on duty on that day.”;
c
in paragraph (3A)15–
i
for sub-paragraph (a) substitute–
a
has a qualifying shift as his last rostered shift in any year; and
ii
in sub-paragraph (b) for the word “day” substitute “shift”;
iii
for sub-paragraph (c) substitute–
c
has a qualifying shift as his first rostered shift in the next following year,
iv
for the words from “the day” to “formed part of” substitute “the shift mentioned in sub-paragraph (c) and any qualifying shifts beginning on days that follow consecutively the day on which that shift began had occurred in”; and
v
in the proviso, for the words “day or days” substitute “shift or shifts”; and
d
for paragraph (4)(b) substitute–
b
the expression “qualifying shift” means, in relation to a constable, a rostered shift throughout which he is required to perform duties normally performed by a constable of a higher rank than his own.
8
In regulation 52 (refreshment, subsistence and lodging allowances) at the end of paragraph (3) insert “, and references in this regulation to a constable’s normal daily period of duty are to be construed as references to a rostered shift.”.
9
In regulation 63 (allowance for recurring escort duty, etc) for the words “beyond the normal daily period” substitute “after rostered shifts”.
10
Omit Schedule 2.
(This note is not part of the Regulations)