The Common Police Services (Scotland) Order 1995

Recovery of expenses incurred by the Secretary of State in providing common facilities and services

2.—(1) This Order makes provision for the recovery of expenses incurred by the Secretary of State in providing facilities and services under section 36(1) of the Act.

(2) The Secretary of State shall recover 50 per centum of the aggregate expenditure in accordance with paragraphs (4) to (7) below but shall not otherwise recover the balance of the aggregate expenditure.

(3) The facilities and services provided by the Secretary of State specified in this paragraph are—

(a) central training;

(b) the administration of the Police (Scotland) Promotion Examination;

(c) the Standard Entrance Examination for entry to police forces in Scotland;

(d) central recruitment publicity; and

(e) central criminal records.

(4) Subject to paragraph (7) below, the Secretary of State shall recover 50 per centum of the aggregate expenditure by deducting from the amount of police grant payable to each police authority (not being a constituent authority) and joint police committee in Scotland in each financial year a sum representing that authority or committee’s proportion of the sum representing 50 per centum of the aggregate expenditure calculated—

(a) in the case of the facilities and services specified in sub-paragraphs (a) to (d) of paragraph (3) above, in accordance with paragraph (5) below; and

(b) in the case of the facilities and services specified in sub-paragraph (e) of paragraph (3) above, in accordance with paragraph (6) below.

(5) The calculation of the authority or committee’s proportion recoverable in terms of paragraph (4) above in the case of the facilities and services specified in sub-paragraphs (a) to (d) of paragraph (3) above shall be made by applying to the sum representing 50 per centum of the aggregate expenditure the percentage figure R given by the formula—

(expressed to 4 decimal places) after it has been rounded to the nearest ten thousandth of a per centum (any twenty thousandth of a per centum being rounded upwards) and where—

• X is the maximum number of regular constables authorised by the relevant police authority or joint police committee to be in the relevant police force at 30th June in the year last preceding the year in which the relevant financial year commences;

• Y is the aggregate number of regular constables authorised by every police authority (not being a constituent authority) and joint police committee in Scotland at 30th June in the year last preceding the year in which the relevant financial year commences.

(6) The calculation of the authority or committee’s proportion recoverable in terms of paragraph (4) above in the case of the facilities and services specified in sub-paragraph (e) of paragraph (3) above shall be made by applying to the sum representing 50 per centum of the aggregate expenditure the percentage figure R given by the formula—

(expressed to 4 decimal places) after it has been rounded to the nearest ten thousandth of a per centum (any twenty thousandth of a per centum being rounded upwards) and where—

• A is the number representing the annual average of the number of crimes occurring in the police area which were recorded by the police force and shown in the Statistical Return Forms MKA (excluding groups 6 and 7 in that form) for the period of 3 years ending on 31st December in the year two years preceding the year in which the financial year in question commences;

• B is the number representing the annual average of the number of offences specified in groups 6 and 7 of the Statistical Return Form MKA occurring in the police area which were recorded by the police force and shown in the Statistical Return Forms MKA for the period of 3 years ending on 31st December in the year two years preceding the year in which the financial year in question commences;

• C is the aggregate number for all police forces in Scotland of the summation of the calculation made for the purposes of letter A above in respect of each such police force; and

• D is the aggregate number for all police forces in Scotland of the summation of the calculation made for the purposes of letter B above in respect of each such police force.

(7) Where the aggregate of the sums representing individual proportions of police authorities and joint police committees calculated in terms of paragraphs (5) and (6) above if less than the sum representing 50 per centum of the aggregate expenditure, the balance shall not be recoverable.