Explanatory note

These Regulations amend the Police (Scotland) Regulations 2004 (“the principal Regulations”).

Regulation 3 amends regulation 4 of the principal Regulations to make it clear that the principal Regulations do not apply to special constables.

Regulation 4 revokes regulation 6(7)(a) of the principal Regulations which means that a part time member of a police force in Scotland who has completed the required probationary period will not have to complete a further period of probation upon transferring to another police force in Scotland.

Regulation 5 amends regulation 8(5) of the principal Regulations to provide that a constable will be regarded as having a business interest if that member’s spouse, civil partner or cohabitant keeps a shop or runs a business which is similar to keeping a shop. Regulation 8(6) is also amended to include cohabitants and civil partners within the definition of a “member of that person’s family”.

Regulation 6 amends regulation 9 of the principal Regulations to make it clear that no person below the rank of superintendent can be appointed for a fixed term, in order to be consistent with section 26(5A) of the Police (Scotland) Act 1967 (“the 1967 Act”). This makes it clear that, subject to the regulation 11 of the principal Regulations, it is only a person who holds, or is appointed to, the rank of superintendent or a higher rank who may be appointed on a fixed term contract.

Regulation 7 amends regulation 15 of the principal Regulations to correct a typographical error and also to provide that the personal record of each member of a police force shall contain particulars of that member’s civil partnership (if any).

Regulation 8 amends regulation 19 of the principal Regulations in consequence of provisions on samples which have been inserted into the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) and the Sexual Offences Act 2003 (“the 2003 Act”) by sections 77 and 83 of the Police, Public Order and Criminal Justice (Scotland) Act 2006. It ensures that samples taken from a member of a police force will be kept separate from samples taken under the 1995 Act and the 2003 Act.

Regulations 9 and 11 amend regulations 21 and 24 of the principal Regulations to correct typographical errors.

Regulation 10 amends regulation 22 of the principal Regulations to make it clear that the power of the Scottish Ministers to make a determination under regulation 22 of the principal Regulations is subject to section 26(5) of the 1967 Act. Section 26(5) provides that constables are entitled to at least 52 days a year when they are not required to be on duty and that 1 day in 7 should be allocated as a rest day, except in the event of an emergency.

Regulation 12 amends regulation 33 of the principal Regulations to give Scottish Ministers the power to determine the circumstances in which a member of a police force can take a career break. A chief constable may authorise a member of a police force who holds the rank of chief superintendent or above to carry out any functions which are conferred on that chief constable under a determination made under regulation 33(13). A chief constable may delegate functions which are conferred on that chief constable in relation to the leave of a member of a police force by virtue of section 26(2B) of the 1967 Act.

Regulation 13 amends regulation 35 of the principal Regulations to clarify that the Scottish Ministers have the power to make a determination which enables chief constables to be reimbursed for the tax which is payable in relation to removal expenses of constables.

Regulation 14 amends regulation 46 of the principal Regulations to remove unnecessary provision from paragraph (3) as similar provision is found at regulation 4(2) of the principal Regulations.