Explanatory note

These Regulations further amend the Police (Scotland) Regulations 1976 (“the principal Regulations”). They come into force on 1st January 1994 and have effect for the purposes of regulations 4, 5 and 6 as from 1st January 1994, regulation 7 as from 1st April 1990, regulation 8 as from 1st April 1990, regulation 9 as from 1st April 1993 and regulation 11 as from 1st January 1993. Retrospection is authorised by section 26(3) of the Police (Scotland) Act 1967.

Regulation 5 inserts into the principal Regulations a new regulation 21B which authorises a chief constable, with the consent of the Secretary of State, to bring into operation variable shift arrangements agreed with the Police Federation joint branch board. The arrangements may be for all constables below the rank of superintendent or for a particular class, and must provide for hours of duty and annual leave equivalent to those of other constables.

The principal Regulations are applied to variable-shift constables with the modifications set out in a new Schedule 1A (inserted by regulation 6). Paragraphs 1, 6 and 10 disapply the provisions of the principal Regulations relating to the normal (8-hour) daily period of duty and to annual leave. Paragraph 2 provides for a more flexible system of duty rosters; paragraphs 3, 4, 5, 7, 8 and 9 make modified provision for, respectively, overtime payments, rest days, travelling time, temporary salary while performing the duties of a higher rank, subsistence allowance and escort duty allowance.

Regulation 7(1) and (4) provides that a transitional rent allowance payable to a constable shall be equal to the amount of flat-rate rent allowance payable to a constable of the rank and force then held by him on 31st March 1990.

Regulation 7(2) provides that where a constable in receipt of a transitional rent allowance is married to a woman constable who takes unpaid maternity leave, he will receive an enhanced allowance during her period of leave, thus bringing the arrangements for transitional rent allowance into line with housing allowance.

Regulation 7(2) provides further that where two constables are married to (and are not separated from) each other and each is in receipt of transitional rent allowance and one of them retires, resigns or is discharged while a probationer, the other may thereafter receive a transitional rent allowance at an enhanced rate; and Regulation 7(3) makes consequential provision.

Regulation 8 cures an anomaly by providing for payment of a provided accommodation allowance to a constable who had not qualified for payment of either a transitional rent allowance or a provided accommodation allowance, and restores the eligibility for a provided accommodation allowance of a woman constable following a period of unpaid maternity leave when it was not payable to her.

Regulation 9 increases the maximum amount payable in respect of removal allowance from £1,257 to £1,290.

Regulation 10 amends the requirement of approval as to the place at which a constable resides by enabling such approval to be given in any specified case or cases or generally in relation to all cases or in relation to all cases subject to specified exceptions.

Regulation 11 provides for an increase in the annual leave entitlement of constables by one day for leave years beginning after 31st December 1993. The Police Negotiating Board recommended that this increase should have effect for leave years beginning after 31st December 1991; the transitional provision in paragraph (2) provides compensation in the form of an extra 2 days leave for leave years beginning during 1993.