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The Police (Scotland) Amendment Regulations 1994

S.I. 1994/2095 · Made 3 August 1994

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

POLICE

Made 3rd August 1994

Laid before Parliament 10th August 1994

Coming into force 31st August 1994

The Secretary of State, in exercise of the powers conferred on him by section 26 of the Police (Scotland) Act 1967f1, and of all other powers enabling him in that behalf, and after taking into consideration the 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 1980f2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

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(1) of the Police and Criminal Evidence Act 1984 (c. 60).

f2

1980 c. 10.

Contents

  1. 1Citation
  2. 2Commencement
  3. 3Interpretation
  4. 4Paternity Leave
  5. 5Removal allowance
  6. 6Scales of pay
  7. 7Dog handler’s allowance
  8. 8Transitional provision
  9. 9Revocations
  10. Signature
  11. Schedule 1Schedule 1
  12. Schedule 2REVOCATIONS
  13. Explanatory note

1Citation

These Regulations may be cited as the Police (Scotland) Amendment Regulations 1994.

2Commencement

These Regulations shall come into force on 31st August 1994 but shall have effect–

(a)

for the purposes of regulation 5(a) and (b) as from 1st April 1993;

(b)

for the purposes of regulations 6 and 7 as from 1st September 1993; and

(c)

for the purposes of regulation 5(c) as from 1st April 1994.

3Interpretation

In these Regulations “the principal Regulations” means the Police (Scotland) Regulations 1976f1.

4Paternity Leave

The principal Regulations shall be amended by inserting after regulation 28 (maternity leave)–

“28A
(1)

So far as the exigencies of duty permit, a male constable shall be granted 2 days' paternity leave during the relevant part of a woman’s maternity period.

(2)

A woman’s maternity period is one beginning with the later of–

(a)

the date on which she is certified by a registered medical practitioner to be pregnant, and

(b)

the date 6 months before the one estimated by that practitioner as being the probable date of birth,

and ending 9 months after the birth of the child.

(3)

The relevant part of a woman’s maternity period is any part during which–

(a)

the constable is married to and not separated from her, or

(b)

they are not married to each other but are living together as husband and wife.”.

5Removal allowance

Regulation 47 (removal allowance) of the principal Regulations shall be amended as follows:–

(a)

in paragraph (1)(d)–

(i)

by substituting for the words from “his payments” to “rent payable” the words “payments made by him to meet relevant liabilities”, and

(ii)

by deleting the words from “up to an amount” to “before the move”; and

(b)

by inserting after paragraph (2)–

“(2A)

For the purposes of paragraph (1)(d) relevant liabilities are–

(a)

liabilities in respect of mortgage interest or rent payable in connection with his former home; and

(b)

in respect of any days in respect of which he is liable to pay council tax in respect of his former home, the amount by which that tax and any council tax he is liable to pay in respect of his new home exceeds the council tax that he would have been liable to pay in respect of his former home if he had not moved from it.”.

(c)

by substituting, in paragraph (6)f1, for the sum “£1,290” the sum “£1,315”.

6Scales of pay

Schedule 3 to the principal Regulations (scales of pay)f1 shall be amended by substituting, for, respectively, Tables A and B, the Tables A and B set out in Schedule 1 to these Regulations.

7Dog handler’s allowance

Paragraph 1(1) of Schedule 10 to the principal Regulations (dog handler’s allowance)f1, shall be amended by substituting, for, respectively, the sums “£915” and “£1,251”, the sums “£930” and “£1,269”.

8Transitional provision

(1)

In a case in which–

(a)

a child was born, or

(b)

if regulation 4 above had had effect from 12th January 1993 a woman’s maternity period would have begun,

after 11th January 1993 but before 31st August 1994, regulation 28A of the principal Regulations shall be treated as applying but with the modifications specified in paragraphs (2) and (3) below.

(2)

If the maternity period would not have ended before 31st August 1994, it is to be treated as beginning with that date.

(3)

In any other case, the maternity period is to be treated as ending 6 weeks after 31st August 1994.

9Revocations

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

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

3rd August 1994

Schedule 1

TABLE A

RankBefore completing 1 year of service in the rankAfter 1 year of service in the rankAfter 2 years of service in the rankAfter 3 years of service in the rankAfter 4 years of service in the rank
£ a year£ a year£ a year£ a year£ a year
Chief Inspector26,49627,23727,97828,72229,472
Inspector23,33724,06625,00525,74926,496
Sergeant20,34321,26722,01422,74323,337

TABLE B

Reckonable ServiceAnnual Pay
£
Before completing 1 year of service12,744
After 1 year of service13,626
After 2 years of servicew16,044
After 3 years of service16,422
After 4 years of service16,965
After 5 years of service17,547
After 6 years of service18,105
After 7 years of service18,666
After 8 years of service19,218
After 12 years of service20,343
After 15 years of service21,267

Schedule 2REVOCATIONS

Regulations revokedReferencesExtent of revocation
The Police (Scotland) Amendment (No. 2) Regulations 19921992/3170Regulations 8 and 9 and Schedule 1
The Police (Scotland) Amendment Regulations 19931993/3081Regulation 9

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 31st August 1994 but have effect for the purposes of regulation 5(a) and (b) as from 1st April 1993, regulations 6 and 7 as from 1st September 1993 and regulation 5(c) as from 1st April 1994. Retrospection is authorised by section 26(3) of the Police (Scotland) Act 1967.

Regulation 4 makes provision for the grant of paternity leave. Regulation 8 makes transitional provision enabling leave to be granted in some cases, after the commencement of these Regulations, in relation to births that occurred, and pregnancies certified, after 11th January 1993 but before commencement.

Regulation 5(a) and (b) provides that where council tax is payable by an officer on both his former home and his new home the police authority are to reimburse the excess of the combined tax payments over the tax that would have been payable on the former home if he had continued to occupy it. Regulation 5(c) increases the maximum amount payable in respect of removal allowance from £1,290 to £1,315.

Regulation 6 provides for increases in the rates of pay of police constables, sergeants, inspectors and chief inspectors.

Regulation 7 provides for an increase in the rates of the dog handler’s allowance.