The Police (Scotland) Amendment (No.4) Regulations 1995

Link to law: http://www.legislation.gov.uk/uksi/1995/3001/made/data.htm?wrap=true
Published: 1995-11-12

Statutory Instruments
1995 No. 3001 (S.215)

POLICE
The Police (Scotland) Amendment (No.4) Regulations 1995

Made
12th November 1995

Laid before Parliament
22nd November 1995

Coming into force
13th December 1995

The Secretary of State, in exercise of the powers conferred on him by section 26 of the Police (Scotland) Act 1967(1) 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 submission of a draft of the Regulations in accordance with section 26(9) of the said Act of 1967, and after taking into consideration the recommendations made by the Police Negotiating Board for the United Kingdom having furnished the said Board with a draft of the Regulations in accordance with section 2(1) of the Police Negotiating Board Act 1980(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Police (Scotland) Amendment (No.4) Regulations 1995.

(2) These Regulations shall come into force on 13th December 1995.

(3) In these Regulations “the principal Regulations” means the Police (Scotland) Regulations 1976(3).

Insertion of regulation 2A into the principal Regulations

2.  After regulation 2 of the principal Regulations (ranks) there is inserted the following regulation:—

“Part-time appointments

2A.—(1) A chief constable may, after consultation with the joint branch board and other bodies for the time being recognised by the Secretary of State for the purposes of section 47 of the Police Act 1964(4), appoint persons to perform part-time service in any rank.

(2) A person serving as a full-time constable of a police force may not be appointed to perform part-time service without his consent.

(3) A person may be appointed under this regulation in the rank of constable only if he has, as a full-time constable of a police force, completed the period of probation in that rank that was required by regulation 11.

(4) Any appointment under this regulation in any rank above that of sergeant may only be made on terms that provide for the holder to share with one other person appointed under this regulation in the rank in question the performance of duties that would otherwise fall to be performed by a single person appointed in that rank as a full-time constable of the force; if either of the persons sharing the duties ceases to hold his appointment and is not replaced, the other continues to hold the rank in which he was appointed under this regulation but is to be treated as having become a full-time constable of the force.

(5) In this regulation “full-time constable” means a constable appointed otherwise than under this regulation.

(6) In relation to persons appointed under this regulation to perform part-time service these Regulations have effect with the modifications set out in Schedule 1B.”.

Amendment of regulation 30 of the principal Regulations

3.  Regulation 30(2) of the principal Regulations(5) is amended by inserting after sub-paragraph (d) of the proviso the following sub-paragraph:—

“(e)any service performed pursuant to an appointment under regulation 2A (part-time appointments) shall be multiplied by the factor which was the appropriate factor within the meaning of regulation 1(6) or (7) as it applied to him by virtue of paragraph 1 of Schedule 1B,”.

Insertion of Schedule 1B into the principal Regulations

4.  After Schedule 1A to the principal Regulations(6), there is inserted the Schedule 1B set out in the Schedule to these Regulations.

James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
12th November 1995

Regulation 4.
SCHEDULE

Regulation 2A(6)

“SCHEDULE 1BMODIFICATION FOR PART-TIME SERVICE

Modification of regulation 1

1.  In regulation 1 (Citation, commencement and interpretation) after paragraph (5) insert—

“(6) In relation to a constable of a police force below the rank of inspector—

(a)the determined hours are the number of hours which the chief constable has determined under regulation 21(2) or (4A)(a) as his normal period of duty in a relevant period,

(b)a relevant period is a period for which a duty roster relating to him has effect for the time being under regulation 21A, and

(c)the appropriate factor is

where

A is the number of the determined hours, and

B is 40 times the number of weeks in the relevant period.

(7) In relation to a constable of a police force above the rank of sergeant the appropriate factor is


Modification of regulation 11

2.  In regulation 11 (probationary service in the rank of constable)(7)—

(a)in paragraph (1) omit the words after “constable” where that word occurs for the second time;

(b)in paragraph (2) for the words after “this regulation applies” substitute “may be required to serve on probation for such period, not exceeding 2 years and 6 months, as the chief constable determines in the circumstances of a particular case.”; and

(c)omit paragraphs (3) and (4)(c).

Modification of regulation 12

3.  In regulation 12 (discharge of probationer) after paragraph (3) insert—

“(4) For the purpose of this regulation a month’s pay is to be calculated by multiplying one twelfth of the annual rate ascertained from Schedule 3 by the appropriate factor.”.

Modification of regulation 21

4.  In regulation 21 (normal daily period of duty) for paragraphs (2) to (4) substitute—

“(2) The normal period of duty in every relevant period of a constable of a force to whom this regulation applies, which is to be performed in accordance with general arrangements made by the chief constable after consulting the police authority and local representatives of the representative bodies, is, subject to paragraph (4A), the total number of hours determined by a chief constable with the agreement of the constable at the time of his appointment.

(3) For the purposes of paragraph (2) a day of annual leave counts as a period of duty of 8 hours multiplied by the appropriate factor.

(4) The chief constable shall review a constable’s normal period of duty at intervals of not more than 52 weeks, and in doing so shall have regard to the number of hours actually spent on duty during the interval preceding the review.

(4A) After a review under paragraph (4)—

(a)any number of hours different from that determined under paragraph (2) which was determined by the chief constable and agreed to by the constable becomes the constable’s normal period of duty, and

(b)if no different number was agreed to by the constable, his normal period of duty is the number of hours determined under paragraph (2).

(4B) The number of hours determined under paragraph (2) or (4A)(a) must not be less than 16 times the number of weeks in the relevant period.

(4C) As far as the exigencies of duty permit, a shift shall consist of one continuous period.

(4D) Where in one day a constable is on duty for a continuous period of 5 hours or more, an interval for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the Table below.

Number of hours
Refreshment interval

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
45 minutes

(4E) 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.”.

Modification of regulation 21A

5.  In regulation 21A (rostering of duties for lower ranks)(8)—

(a)in paragraph (1) omit the word “annual”;

(b)in paragraph (2) after the words “each such roster” insert “(except one relating to a constable who has agreed with the chief constable on a different period) shall have effect for a period of 12 months, and”;

(c)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”;

(ii)in sub-paragraph (a) for the words “his scheduled daily periods of duty are” substitute “each of his shifts is”; and

(iii)after sub-paragraph (b) insert—

“(bb)his free days; and”;

(d)in paragraph (4)—

(i)in sub-paragraph (a) for the words “daily periods of duty” substitute “shifts”, and

(ii)in sub-paragraph (b) before the words “an interval” insert “unless he has agreed with the chief constable on a longer interval,”;

(e)in paragraph (5) for the words “daily period of duty” substitute “shift”; and

(f)after sub-paragraph (6)(b) insert—

“and

(c)a reference to a free day is to be construed as a reference to a day which is not—

(i)a day on which a shift is, according to the duty roster, to begin or end, or

(ii)a rostered rest day, or

(iii)a public holiday.”.

Modification of regulation 22

6.  For regulation 22 (overtime)(9) substitute—

“22.—(1) This regulation applies to a constable of a police force to whom regulation 21 applies.

(2) A constable who has been on duty for more than 40 hours in any period of 7 days beginning with such day as is fixed for the purposes of this regulation by the chief constable (a “relevant week”) is entitled in respect of any day during that period in which he has been on duty for more than 8 hours (a “long-duty day”) to an allowance at the rate of one twelfth of an hour’s pay for each completed 15 minutes in excess of 8 hours, except that on each of the first 4 occasions on which overtime which the constable was not told at the beginning of the shift would be required is worked during a relevant week 30 minutes of the overtime worked is to be disregarded.

(3) A constable may, before the end of a pay period (that is to say, a period comprising one of the intervals between payments under regulation 39), elect to be granted time off, instead of an allowance under paragraph (2), in respect of any long-duty day that occurred during a relevant week ending within the pay period.

(4) Subject to the exigencies of duty, where a constable has elected as mentioned in paragraph (3) the chief constable shall, within 3 months after the end of the relevant week, grant him time off equal to the total of—

(a)the time in excess of 8 hours spent on duty in the day, or as the case may be in each of the days, in respect of which the election was made, and

(b)15 minutes in respect of each completed 45 minutes of that time.

(5) Any time counting for the purpose of regulation 30(1) (rate of pay) as time spent on duty, except—

(a)time for which an allowance is received under paragraph (7) or under regulation 23 or 63, and

(b)any period of less than 30 minutes worked during the first 30 minutes after the end of a rostered shift, except a period of 15 minutes which the constable was told at the beginning of the shift would be required,

counts as time spent on duty for the purposes of paragraph (2).

(6) For the purposes of paragraph (2) a period of duty—

(a)which resulted from a constable’s being recalled and returning to duty between two rostered shifts, and

(b)the length of which, after deducting any travelling time counting as a period of duty by virtue of regulation 24, was less than 4 hours,

counts as a period of duty lasting for the aggregate of 4 hours and any period counting by virtue of regulation 24.

(7) Where the time at which a constable is required to commence a rostered shift is brought forward—

(a)without giving him notice 8 hours or more before the new commencement time, and

(b)so that he is required to commence that shift on the day on which his previous shift ended,

he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed 15 minutes of the time for which he is on duty before the rostered commencement time.

(8) A constable who has become entitled to an allowance under paragraph (7) may, before the end of the pay period during which the day on which he was required to commence the shift occurred, elect to be granted time off instead of the allowance.

(9) Subject to the exigencies of duty, where a constable has elected as mentioned in paragraph (8) the chief constable shall, within 3 months after the day of the election, grant him time off equal to one and one third times the number of completed quarters of an hour for which he was on duty before the rostered commencement time.

(10) Where—

(a)on any day on which he has a rostered shift a constable has been on duty for a period exceeding the length of that shift, and

(b)he is not entitled in respect of that day to any allowance under paragraph (2) or (7),

he may, not later than 4 days after the end of the relevant week in which the day in question occurred, elect to be granted time off in respect of the excess over the length of the shift (“the excess period”).

(11) For the purposes of paragraphs (2) and (10) a continuous period of duty which began before and ended after the beginning of a day shall—

(a)if the day on which it ended was not—

(i)a public holiday,

(ii)a rostered rest day, or

(iii)a free day,

in respect of which he became entitled to an allowance under regulation 23, be treated as having fallen wholly within, and

(b)in any other case, be treated as having consisted only of so much of the period as fell within,

the day on which the period began.

(12) Subject to the exigencies of duty, where a constable has elected as mentioned in paragraph (10) the chief constable shall, within 3 months after the date of the election, grant him time off equal to the excess period.

(13) For the purposes of regulation 30(1) (rate of pay) any extra period of duty in respect of which time off is granted under paragraph (4) or (9) counts as one and one third times the number of completed quarters of an hour comprised in the extra period of duty, and a period falling within paragraph (6)(a) and (b) counts as one of 4 hours.”.

Modification of regulation 23

7.  In regulation 23 (public holidays and rest days for lower ranks)(10)—

(a)in paragraph (3A) for the words “a day’s pay” substitute “the constable’s hourly rate of pay calculated in accordance with regulation 30(1)”;

(b)in paragraph (3B)—

(i)for the words “one sixteenth” substitute “one quarter”, and

(ii)for the words “three sixty-fourths” substitute “one eighth”;

(c)after paragraph (3B) insert—

“(3C) A constable who—

(a)is required to do duty on a free day, and

(b)receives less than 15 days' notice of the requirement,

shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.

(3D) This paragraph applies where—

(a)a constable is required to do duty on a free day, and

(b)he receives less than 15 days' notice of the requirement, and

(c)the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to be done by any other constable.

(3E) Where paragraph (3D) applies—

(a)if the constable was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (4)(a) or (b)) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed period of 15 minutes of duty done on the free day, and

(b)in any other case, he is entitled to time off equal to the total length of those periods.

(3F) Where—

(a)a constable is required to do duty on a free day, and

(b)he receives less than 15 days' notice of the requirement,

but paragraph (3E) does not apply, he is entitled to an allowance at the appropriate rest-day rate.”;

(d)after paragraph (5) insert—

“(5A) A constable who is required to do duty on a free day may within 28 days of that day elect to receive—

(a)in lieu of an allowance under paragraph (3E)(a), time off equal to one and one third times, and

(b)in lieu of an allowance under paragraph (3F), time off equal to one and a half times,

the period of completed quarters of an hour of duty done on the free day.”;

(e)in paragraph (6)—

(i)after the words “rostered rest day” insert “or on a free day”,

(ii)after the words “paragraph (5)” insert “or (5A)”,

(iii)for the words “paragraph (4)(a) or (b)” substitute “paragraph (3E), (3F) or (4)(a) or (b)”; and

(f)in paragraph (7)—

(i)for sub-paragraph (b) substitute—

“(b)“the appropriate rate” is, for each completed 15 minutes of duty done on a public holiday, one quarter of the constable’s hourly rate of pay calculated in accordance with regulation 30(1);”;

(ii)omit sub-paragraph (c), and

(iii)in sub-paragraphs (g) and (h) after the words “rostered rest day”, wherever occurring, insert “or a free day” and in sub-paragraph (g) for the words “a normal daily period of duty” substitute “a rostered shift”;

(g)in paragraph (8) after the words “rostered rest day”, wherever occurring, insert “or a free day”; and

(h)after paragraph (8) insert—

“(9) For the purposes of regulation 30(1) (rate of pay)—

(a)a day’s leave allowed under paragraph (2) and a day off granted under paragraph (3)(a) or under paragraph (8) in respect of a public holiday each count as a period of duty of 8 hours multiplied by the appropriate factor, and

(b)so much of any time off granted under paragraph (5A) or (6) as exceeds the time spent on duty on the public holiday, rest day or free day counts as time spent on duty.”.

Modification of regulation 24

8.  In regulation 24 (travelling time treated as duty)(11)—

(a)for paragraph (1) substitute—

“(1) This regulation applies to a constable of a police force where—

(a)a 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”).”; and

(b)in paragraph (2) for the words from “overtime” to “thereof)” substitute “duty for the purposes of regulation 22, regulation 23 (except paragraph (7)(g)) or regulation 30(1)”.

Modification of regulation 25

9.  In regulation 25 (public holidays and monthly leave days for higher ranks)(12)—

(a)in paragraph (2) after the words “each month” insert “the amount of leave arrived at by multiplying by the appropriate factor”; and

(b)in paragraph (4)—

(i)for the words “8 monthly leave days” substitute “the amount of leave arrived at by multiplying 8 days by the appropriate factor”, and

(ii)for the words after “permit,” substitute “be allowed a day’s leave in lieu of any day on a public holiday not allowed (or as the case may be) be granted the balance of monthly leave as additional monthly leave”.

Modification of regulation 26

10.  In regulation 26 (annual leave)—

(a)in paragraph (1) after the words “Schedule 2” insert “, except that in the case of a constable above the rank of chief inspector any period of leave calculated in accordance with Schedule 2 is to be multiplied by the appropriate factor”; and

(b)after paragraph (1) insert—

“(1A) In the case of a constable below the rank of superintendent, each day of annual leave granted counts for the purposes of regulation 30(1) (rate of pay) as a period of duty of 8 hours multiplied by the appropriate factor.”.

Modification of regulation 27

11.  In regulation 27 (sick leave)(13) after paragraph (2) insert—

“(3) While a constable below the rank of inspector is entitled under this regulation to be absent from duty, any rostered shift counts for the purposes of regulation 30(1) (rate of pay) as a period of duty of the same duration.”.

Modification of regulation 28

12.  In regulation 28 (maternity leave)(14) after paragraph (3) insert—

“(4) During the first 3 months of any maternity leave granted under this regulation to a woman constable below the rank of superintendent (“the paid leave period”) she shall be treated for the purpose of regulation 30(1) (rate of pay) as having been on duty for



where—

A is the number of her determined hours,

B is the length in days of the paid leave period, and

C is the length in days of the relevant period.”.

Modification of regulation 28A

13.  In regulation 28A (paternity leave)(15) after paragraph (3) insert—

“(4) In the case of a constable below the rank of superintendent, each day of paternity leave granted counts for the purposes of regulation 30(1) (rate of pay) as a period of duty of 8 hours multiplied by the appropriate factor.”.

Modification of regulation 30

14.  In regulation 30 (rate of pay)(16)—

(a)for paragraph (1) substitute—

“(1) A constable of a police force below the rank of superintendent shall be paid for time spent on duty at an hourly rate calculated by multiplying the annual rate ascertained from Schedule 3 by


(b)after paragraph (1) insert—

“(1A) A constable above the rank of chief inspector shall be paid at an annual rate calculated by multiplying that ascertained from Schedule 3 by the appropriate factor.”.

Modification of regulation 30A

15.  In regulation 30A (temporary salary)(17)—

(a)in paragraph (1)—

(i)after the words “performed by a” insert “full-time”, and

(ii)after the words “rate of pay for” insert “a person appointed as a full-time constable in”;

(b)in paragraph (3)—

(i)after the words “performed by a” insert “full-time”; and

(ii)after the words “to that higher rank” insert “as a full-time constable”; and

(c)in paragraph (4)(b) for the words after “superintendent” substitute “the period that would constitute his normal daily period of duty if he were a full-time constable, and “full-time constable” means a constable of the force appointed otherwise than under regulation 2A.”.

Modification of regulation 47

16.  In regulation 47 (removal allowance) after paragraph (3) insert—

“(3A) Every sum of money specified in paragraphs (5) to (7) is to be multiplied by the appropriate factor.”.

Modification of regulation 50

17.  In regulation 50 (plain clothes allowance)(18) in paragraph (1)—

(a)for the words “for a continuous period of not less than a week” substitute “on 7 or more consecutive days”; and

(b)after the word “determined” insert “(regard being had to the appropriate factor)”.

Modification of regulation 51

18.  In regulation 51 (detective duty and detective expenses allowances)(19)—

(a)in paragraph (1) for the words “for a period of not less than a week” substitute “on 7 or more consecutive days” and;

(b)after paragraph (1) insert—

“(1A) The rates specified in paragraphs (2A) and (3) as the rates of allowances under this regulation are to be multiplied by the appropriate factor.”.

Modification of regulation 52

19.  In regulation 52 (refreshment, subsistence and lodging allowances)(20) at the end of paragraph (3) insert

“, and in relation to a constable below the rank of superintendent references in this regulation to his normal daily period of duty are to be construed as references to—

(i)a period of duty lasting 8 hours, or

(ii)periods of duty performed in one day amounting in total to 8 hours”.

Modification of Schedule 5

20.  In Schedule 5 (motor vehicle allowances in respect of motor cars)(21) after paragraph 2(2) insert—

“(2A) The fixed element calculated in accordance with sub-paragraph (2) shall be multiplied by the appropriate factor.”.

Modification of Schedule 9

21.  In Schedule 9 (university scholars)(22) in paragraph 3(2) for the words after “the rate” substitute “obtained by multiplying by the appropriate factor £1,398”.”

Explanatory Note

(This note is not part of the Regulations)
These Regulations further amend the Police (Scotland) Regulations 1976 (“the principal Regulations”).
These Regulations make provision for part-time service of constables of police forces maintained in Scotland by inserting a new regulation 2A and a new Schedule 1B into the principal Regulations. Regulation 2A authorises chief constables to make part-time appointments, and applies the principal Regulations to part-time appointees with the modification set out in Schedule 1B.
Regulation 3 scales down part-time service for pay and leave purposes.
The new Schedule 1B inserted by regulation 3 of, and the Schedule to, these Regulations makes a number of detailed modifications to the principal Regulations in their application to part-time appointees. The main ones are as follows.
Part-time constables (who must have completed full-time probation before appointment) may be required to serve a further period of probation (paragraphs 2 and 3).
Part-time duty in ranks below superintendent is to be performed in accordance with general arrangements made by the chief constable after consulting the police authority and local staff associations, an individual’s normal period of duty during a duty roster period being a number of hours determined with his agreement by the chief constable (paragraph 4). That number divided by the hours that would be required of a full-time officer constitutes the “appropriate factor” (paragraph 1) to be used in calculating various entitlements; for ranks above sergeant the factor is one half, since in their case a part-time appointment involves the sharing of duties with one other officer (see new regulation 2A(4)). Examples of the use of the factor occur in paragraphs 7 and 9 (public holidays, rest days and monthly leave days); 10 (annual leave); 14(b) (senior ranks' pay); 16, 17, 18, 20 and 21 (various allowances).
Paragraph 5 provides for a more flexible system of duty rosters and introduces “free days” in addition to rest days; paragraphs 6, 7, 8, 11 and 12 make modified provision for, respectively, overtime payments, payments for working on public holidays and rest and free days, travelling time; sick leave and maternity leave; paragraph 14(a) converts lower ranks' annual pay to hourly equivalents.


(1)
1967 c. 77; section 26(9) was amended by the Police Negotiating Board Act 1980 (c. 10), section 2(4); section 26(1A) and (10) were inserted by the Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”), section 111 and section 26(7) was amended by the 1984 Act, Schedule 6, paragraph 32; section 26(1) was amended by the Police and Magistrates' Courts Act 1994 (c. 29) (“the 1994 Act”), section 53(1); section 26(2) was amended by the 1994 Act, section 47(5) and Schedule 9; section 26(2A) to (2C) were inserted by the 1994 Act, section 52(3); section 26(5A) was inserted by the 1994 Act, section 53(1); section 26(7) was repealed by the 1994 Act, section 52(4) and Schedule 9.

(2)
1980 c. 10.

(3)
S.I. 1976/1073; relevant amendments are S.I. 1977/1016, 1977/2008, 1980/1050, 1981/1679, 1982/1113, 1982/1628, 1983/1354, 1985/111, 1985/1325, 1985/1733, 1987/423, 1988/1501, 1989/2222, 1990/1312, 1992/3170, 1993/3081, 1994/2231, 1995/137 and 1995/596.

(4)
1964 c. 48.

(5)
Regulation 30(2) was amended by S.I. 1982/1628 and 1995/137.

(6)
Schedule 1A was inserted by S.I. 1993/3081.

(7)
Regulation 11(2) was amended by S.I. 1992/3170.

(8)
Regulation 21A was inserted by S.I. 1985/1325 and amended by S.I. 1987/423 and 1994/2231.

(9)
Regulation 22 was substituted by S.I. 1985/1325.

(10)
Regulation 23 was substituted by S.I. 1985/1325 and amended by S.I. 1987/423, 1988/1501, 1994/2231 and 1995/596.

(11)
Regulation 24 was amended by S.I. 1985/1325.

(12)
Regulation 25 was amended by S.I. 1980/1050 and 1985/1733.

(13)
Regulation 27 was amended by S.I. 1981/1679, 1982/1113 and 1989/2222.

(14)
Regulation 28 was amended by S.I. 1980/1050 and 1988/1501.

(15)
Regulation 28A was inserted by S.I. 1994/2095.

(16)
Regulation 30 was amended by S.I. 1982/1628, 1985/111 and 1995/137.

(17)
Regulation 30A was inserted by S.I. 1982/1628.

(18)
Regulation 50 was amended by S.I. 1985/1325.

(19)
Regulation 51 was amended by S.I. 1977/2008, 1989/2222 and 1994/2231.

(20)
Regulation 52 was substituted by S.I. 1988/1501.

(21)
Schedule 5 was substituted by S.I. 1977/1016 and amended by S.I. 1983/1354 and 1985/1733.

(22)
Relevant amendment is S.I. 1990/1312.
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