The Police (Scotland) Amendment Regulations 1995

Link to law: http://www.legislation.gov.uk/uksi/1995/137/made/data.htm?wrap=true
Published: 1995-01-22

Statutory Instruments
1995 No. 137 (S.3)

POLICE
The Police (Scotland) Amendment Regulations 1995

Made
22nd January 1995

Laid before Parliament
6th February 1995

Coming into force
27th February 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 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 1980(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Police (Scotland) Amendment Regulations 1995 and shall come into force on 27th February 1995, but regulations 2 to 4 shall have effect as from 1st September 1994.

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

Rate of pay and reckoning of service

2.—(1) Regulation 30 of the principal Regulations is amended—

(a)by substituting for paragraph (1)—

“(1) Schedule 3 shall have effect for determining the pay of constables of police forces.”; and

(b)in paragraph (2), by omitting the words “any of the aforesaid scales of”.

(2) Regulation 32(2) of the principal Regulations is amended by omitting the words “the scale of”.

(3) Regulation 33(1) of the principal Regulations is amended by omitting the words “the scale of”.

(4) Regulation 34(1) of the principal Regulations is amended by omitting the words “the scale of”.

(5) Regulation 36(1) of the principal Regulations is amended by omitting the words “the scale of”.

Determination of pay

3.  For Schedule 3 to the principal Regulations (scales of pay) there is substituted the following Schedule:—

Regulation 30

“SCHEDULE 3DETERMINATION OF PAY

1.  Subject to paragraph 10, the annual pay of a constable of a police force is the amount specified below at the pay point for his pay category.

2.  The pay points for superintendents and chief superintendents are the following:—

Pay category
Pay point
Amount

£

A
1
37,596

B
2
38,523

C
3
39,450

D
4
40,377

E
5
41,304

F
6
42,231

G
7
43,158

H
8
44,085

I
9
45,012

3.  The pay categories for superintendents and chief superintendents are the following:—

Category
Description

A

The constable is a superintendent in any force and—

(a)
was appointed in that rank after 31st August 1994,

(b)
immediately before his appointment was an inspector or chief inspector in pay category F or a lower category, and

(c)
has not completed one year’s service in the rank of superintendent.

B

The constable is a superintendent—

(a)
who was appointed in that rank before 1st September 1994 and has not completed one year’s service in it, or

(b)
who was appointed in that rank after 31st August 1994 and has not completed one year’s service in it but, immediately before his appointment, was a chief inspector in pay category G or a higher category, or

(c)
who was appointed in that rank after 31st August 1994 at pay Category A and has completed one year’s service in it.

C

The constable is a superintendent—

(a)
who was appointed in that rank before 1st September 1994 and has completed one year’s service in it, or

(b)
who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category B.

D

The constable is a superintendent—

(a)
who was appointed in that rank before 1st September 1994 and has completed 2 years' service in it, or

(b)
who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category C.

E

The constable is a superintendent—

(a)
who was appointed in that rank before 1st September 1994 and has completed 3 or more years' service in it, or

(b)
who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category D, or

(c)
whose pay category would otherwise be C but who has been assigned by the chief constable to this category.

F

The constable—

(a)
is a superintendent whose pay category would otherwise be C, D or E, but who has been assigned by the chief constable to this category, or

(b)
is a chief superintendent and has not completed one year’s service in that rank, or

(c)
is a superintendent who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category E.

G

The constable—

(a)
is a superintendent whose pay category would otherwise be C, D, E or F or a chief superintendent whose pay category would otherwise be F but who has been assigned by the chief constable to this category, or

(b)
is a chief superintendent and has completed one year’s service in that rank, or

(c)
is a superintendent who has been assigned to pay category F by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category.

H

The constable—

(a)
is a superintendent whose pay category would otherwise be C, D, E, F or G or a chief superintendent whose pay category would otherwise be F or G but who has been assigned by the chief constable to this category, or

(b)
is a chief superintendent and has completed 2 years' service in that rank, or

(c)
is a superintendent or chief superintendent who has been assigned to pay category G by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category.

I

The constable—

(a)
is a superintendent or chief superintendent whose pay category would otherwise be H but who has been assigned by the chief constable to this category, or

(b)
is a chief superintendent and has completed 3 years' service in that rank, or

(c)
is a superintendent or chief superintendent who has been assigned to pay category H by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category.

4.  The pay points for inspectors and chief inspectors are the following:—

Pay category
Pay point
Amount

£

A
1
27,642

B
2
28,455

C
3
29,268

D
4
30,081

E
5
30,897

F
6
31,533

G
7
32,172

H
8
32,811

I
9
33,384

5.—(1) In this paragraph, “sub-paragraph (2), (3) or (4)” means sub-paragraph (2), (3) or (4) of paragraph 1 of this Schedule (which required pay to be determined in certain cases as if the constable of the rank of inspector or chief inspector had an additional year’s service) as that sub-paragraph had effect on 31st August 1994.

(2) The pay categories for inspectors and chief inspectors are the following:—

Category
Description

A

The constable is an inspector who—

(a)
has not completed one year’s service in that rank, and

(b)
was not on 31st August 1994 an inspector to whom sub-paragraph (2), (3) or (4) applied.

B

The constable is an inspector who has either—

(a)
completed one year’s service in that rank, or

(b)
not completed one year’s service in it but was on 31st August 1994 an inspector to whom sub-paragraph (2), (3) or (4) applied.

C

The constable is an inspector who has either—

(a)
completed 2 years' service in that rank, or

(b)
not completed 2 years' service in it but—

(i)
was on 31st August 1994 an inspector to whom sub-paragraph (2), (3) or (4) applied, and

(ii)
has completed one year’s service in that rank.

D

The constable is an inspector who has either—

(a)
completed 3 years' service in that rank, or

(b)
not completed 3 years' service in it but—

(i)
was on 31st August 1994 an inspector to whom sub-paragraph (2), (3) or (4) applied, and

(ii)
has completed 2 years' service in that rank.

E

The constable is—

(a)
a person appointed in the rank of chief inspector who has not completed one year’s service in it and has not been assigned to pay category F, or

(b)
an inspector who, having completed 3 years' service in that rank and having been assigned to this pay category by the chief constable, thereby holds the rank of chief inspector, or

(c)
an inspector who has completed 4 years or more service in that rank, or

(d)
an inspector who has not completed 4 years' service in that rank and who has not been assigned to the category by virtue of paragraph (b) of this description, but who—

(i)
was on 31st August 1994 an inspector to whom sub-paragraph (2), (3) or (4) applied, and

(ii)
has completed 3 years' service in that rank.

F

The constable is—

(a)
a person appointed in or holding the rank of chief inspector who has completed one year’s service in it at pay category E, or

(b)
a person who was a chief inspector on 31st August 1994—

(i)
who has completed one year’s service in that rank, or

(ii)
to whom on that date sub-paragraph (2), (3) or (4) applied and who has not completed one year’s service in that rank, or

(c)
a person appointed in the rank of chief inspector who was assigned to this pay category by the chief constable and has not completed one year’s service in it, or

(d)
an inspector who, having completed 3 or more years' service in that rank and having been assigned to this pay category by the chief constable, thereby holds the rank of chief inspector.

G

The constable is a chief inspector—

(a)
who has completed one year’s service in that rank and has been assigned to this pay category by the chief constable, or

(b)
who has completed one year’s service in it at pay category F, or

(c)
who was a chief inspector on 31st August 1994 and—

(i)
who has completed 2 years' service in that rank, or

(ii)
to whom on that date sub-paragraph (2), (3) or (4) applied and who has completed one year’s service, but not 2 years' service, in that rank.

H

The constable was a chief inspector on 31st August 1994 and—

(a)
has completed 2, but not 3, years' service in that rank, but

(b)
on that date sub-paragraph (2), (3) or (4) applied to him.

I

The constable was a chief inspector on 31st August 1994 and—

(a)
has completed 3, but not 4, years' service in that rank, but

(b)
on that date sub-paragraph (2), (3) or (4) applied to him.

6.  The pay points for sergeants are the following:—

Pay category
Pay point
Amount

£

A
1
21,372

B
2
22,146

C
3
22,917

D
4
23,691

E
5
24,204

F
6
24,927

7.  The pay categories for sergeants are the following:—

Category
Description

A
The constable has not completed one year’s service in the rank of sergeant

B
The constable has completed one year’s service in that rank.

C
The constable has completed 2 years' service in that rank.

D
The constable has completed 3 years' service in that rank.

E
The constable has completed 4 years' service in that rank.

F
The constable has completed 5 years' service in that rank.

8.  The pay points for constables are the following:—

Pay category
Pay point
Amount

£

A
1
13,992

B
2
15,192

P
1(P)
16,044

C
3
16,224

D
4
16,584

E
5
17,022

F
6
17,613

G
7
18,180

H
8
18,771

I
9
19,314

J
10
19,803

K
11
20,445

L
12
21,192

M
13
22,146

9.—(1) In this paragraph, references to completing service of a specified number of years include service spent on initial training or on probation; and references to a protected constable are to a constable who was appointed after 31st August 1994 but before 27th February 1995 and was of the age of 22 years or over on appointment.

(2) The pay categories for constables are the following:—

Category
Description

A

The constable—

(a)
was appointed before 1st September 1994, was under 22 years of age on appointment and has not completed one year’s service, or

(b)
was appointed after 31st August 1994, is not a protected constable, and is undergoing initial training.

B

The constable—

(a)
was appointed before 1st September 1994, was under 22 years of age on appointment and has completed one year’s service, or

(b)
was appointed after 31st August 1994, is not a protected constable, has completed initial training and has been assigned by the chief constable to this category.

P

The constable is a protected constable and—

(a)
is undergoing initial training, or

(b)
has completed initial training and has not been assigned by the chief constable to category C.

C
The constable was appointed after 31st August 1994, has completed initial training and has been assigned by the chief constable to this category.

D

The constable—

(a)
has completed 2 years' service, or

(b)
was appointed before 1st September 1994 and was of the age of 22 years or over on appointment.

E
The constable has completed 3 years' service.

F
The constable has completed 4 years' service.

G
The constable has completed 5 years' service.

H
The constable has completed 6 years' service.

I
The constable has completed 7 years' service.

J
The constable has completed 8 years' service.

K
The constable has completed 10 years' service.

L
The constable has completed 12 years' service.

M
The constable has completed 14 years' or more service.

10.  Where a sergeant promoted to or appointed in that rank last served before his promotion or appointment in the rank of constable, then his annual pay for the rank of sergeant shall be determined—

(a)if he had 12 or more (but less than 14) years' reckonable service as a constable, as if he had an additional year’s service as a sergeant;

(b)if he had 14 or more years' reckonable service as a constable, as if he had an additional 2 years' service as a sergeant,

and, for the purposes of this paragraph, a reference to reckonable service as a constable is a reference to the service reckonable for the purposes of the constable’s pay in that rank including any additional service which is otherwise reckonable.”.

Dog handler’s allowance

4.  In paragraph 1(1) of Schedule 10 to the principal Regulations (dog handler’s allowance)(4)for the sums “£930” and “£1,269” there are respectively substituted the sums “£957” and “£1,308”.

Revocations

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

James Douglas-Hamilton
Parliamentary Under Secretary of State
St Andrew’s House,
Edinburgh
22nd January 1995

Regulation 5

SCHEDULEREVOCATIONS

Regulations revoked
References
Extent of revocation

The Police (Scotland) Amendment (No.2) Regulations 1977

S.I. 1977/2008

Regulations 7 and 8 and the Schedule.

The Police (Scotland) Amendment (No.2) Regulations 1978
S.I. 1978/1170

Regulations 4 and 7 and the Appendix.

The Police (Scotland) Amendment Regulations 1979
S.I. 1979/767

The whole Regulations.

The Police (Scotland) Amendment (No.2) Regulations 1979
S.I. 1979/1263

Regulation 4 and the Schedule.

The Police (Scotland) Amendment Regulations 1980
S.I. 1980/1050

Regulations 9 and 12.

The Police (Scotland) Amendment Regulations 1981
S.I. 1981/67

Regulations 7 and 9 and the Schedule.

The Police (Scotland) Amendment Regulations 1994
S.I. 1994/2095

Regulations 6 and 7 and Schedule 1.

Explanatory Note

(This note is not part of the Regulations)
These Regulations, which further amend the Police (Scotland) Regulations 1976 (“the principal Regulations”), introduce new pay arrangements for constables of police forces in Scotland.
The former scales of pay for the various ranks, which were set out in Tables in paragraphs 1 and 2 of Schedule 3 to the principal Regulations, were based almost entirely on length of service in the rank. The new Schedule substituted by regulation 3 of these Regulations provides for the assimilation from the former scales on that basis, but at increased rates, on 1st September 1994 (the effective date of this new provision), of the pay of constables serving in a rank immediately before that date. It also provides for the initial pay of constables appointed in a rank after 31st August 1994, and for the pay progression after that date of both kinds of constable. This new provision retains a basic element of length of service, but in the case of chief superintendents, superintendents, chief inspectors and inspectors the chief constable is enabled to assign individual constables to a higher pay category than they would have attained on that basis.
Related amendments are made by regulation 2.
Regulation 4 increases the rates of the dog-handler’s allowance.
The amendments to the principal Regulations have effect as from 1st September 1994: retrospection is authorised by section 26(3) of the Police (Scotland) Act 1967.


(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), section 53(1); section 26(2B) was inserted by the 1994 Act, section 52(3); and section 26(5A) was inserted by the 1994 Act, section 53(1).

(2)
1980 c. 10.

(3)
S.I. 1976/1073; the relevant amending instruments are S.I. 1978/1170, 1979/767 and 1994/2095.

(4)
The sum specified in paragraph 1(1) of Schedule 10 was substituted by S.I. 1994/2095.
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