Police (Scotland) Regulations 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/1073 |
| Year | 1976 |
1976 No. 1073 (S. 91)
POLICE
The Police (Scotland) Regulations 19765thJuly 1976
22ndJuly 1976
13thAugust 1976
ARRANGEMENT OF REGULATIONS
PART I
1. Citation, commencement and interpretation
PART II
ORGANISATION
2. Ranks
3. Beats, sections, sub-divisions and divisions
4. Restrictions on the private life of constables
5. Business interests
APPOINTMENT AND PROBATION
6. Qualifications for appointment of constables
7. Qualifications for appointment of assistant chief constable, superintendent or chief inspector
8. Qualifications for appointment of chief constable
9. Notice to be given to candidates for appointment
10. Form of declaration to be made on appointment
11. Probationary service in the rank of constable
12. Discharge of probationer
RESIGNATION
13. Period of notice required before resignation
PERSONAL RECORDS
14. Contents of personal records
15. Transfer of personal records
16. Personal record of constable leaving force
17. Fingerprints of constables
PART III
DUTY, OVERTIME AND LEAVE
18. Duties of constables
19. Limitation on duties to be assigned to constables statutorily transferred
20. Meetings of the Scottish Police Federation treated as police duty
21. Normal daily period of duty
22. Overtime
23. Public holidays and rest days for lower ranks
24. Travelling time treated as duty
25. Public holidays and monthly leave days for higher ranks
26. Annual leave
27. Sick leave
28. Maternity leave
29. University scholars
PART IV
PAY
30. Rate of pay
31. Supplementary pay
32. Reckoning of service in the Royal Ulster Constabulary
33. Reckoning by constables of auxiliary service
34. Reckoning by constables of service in certain constabularies
35. Reckoning of service in an airport constabulary
36. Reckoning by constables of overseas police service
37. Deductions from pay of social security benefits
38. Calculation of monthly, weekly and daily pay
39. Pay day
PART V
ALLOWANCES AND OTHER EMOLUMENTS
40. Restriction on payment of allowances
41. Restriction on payments for private employment of police
42. Rent allowance
43. Supplementary rent allowance
44. Constable assigned to duty with the Scottish Crime Squad
45. Compensatory grant
46. Discharge of tax liability in respect of police house or quarters
47. Removal allowance
48. Uniform allowance
49. Women's stockings allowance
50. Plain clothes allowance
51. Detective duty and detective expenses allowances
52. Refreshment, subsistence and lodging allowances
53. Advances to cover expenses when away on duty
54. Motor vehicle allowances
55. Bicycle allowance
56. Typewriter allowance
57. Dog handler's allowance
58. Allowance in respect of medical charges
59. Special area undermanning allowance
60. Extra duty allowance
61. Temporary duty allowance
62. Promotion examination allowance
63. Allowance for recurring escort duty, etc.
64. Continuance of allowances when a constable is ill
65. University scholars
PART VI
HOUSING, UNIFORM AND EQUIPMENT
66. Provision of house or quarters
67. Issue of uniform and equipment
68. Ownership of uniform and equipment
69. Replacement of uniform and equipment
70. Re-issue of uniform and equipment
71. Footwear
PART VII
SUPPLEMENTAL
72. Revocations, amendments and transitional provisions
SCHEDULES
Schedule 1—Restrictions on the private life of constables
Schedule 2—Annual leave
Schedule 3—Scales of pay and supplementary pay
Schedule 4—Refreshment, subsistence and lodging allowances
Schedule 5—Motor vehicle allowances in respect of motor cars
Schedule 6—Bicycle allowance
Schedule 7—Typewriter allowance
Schedule 8—Issue of uniform and equipment
Schedule 9—University scholars
Schedule 10—Dog handler's allowance
Schedule 11—Regulations revoked
In exercise of the powers conferred on me by sections 7, 16 and 26 of the Police (Scotland) Act 1967(a), and of all other powers enabling me in that behalf, and after consulting (i) the Police Council for the United Kingdom in accordance with section 4(4) of the Police Act 1969(b) and (ii) the Police Advisory Board for Scotland in accordance with section 26(9) of the said Act of 1967 as amended by section 4(6) of the said Act of 1969, I hereby make the following regulations:—
PART I
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Police (Scotland) Regulations 1976 and shall come into operation on 13th August 1976.
(2) In these regulations, unless the context otherwise requires—
(a) a reference to a regulation shall be construed as a reference to a regulation contained in these regulations, a reference to a Schedule shall be construed as a reference to a Schedule to these regulations, a reference to a paragraph shall be construed as a reference to a paragraph in the same regulation or, as the case may be, the same part of the same Schedule and a reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph;
(b) a reference to any enactment or instrument shall be construed as including a reference to that enactment or instrument as amended, extended or applied by any other enactment or instrument;
(a) 1967 c. 77.
(b) 1969 c. 63.
(c) a reference to a constable voluntarily transferring from one force to another shall be construed as a reference to such a constable leaving a force for the purpose of joining another force and joining that other force, where—
(i) he left the force first mentioned in this regulation on or after 1st January 1963 for the purposes aforesaid with, in the case of the chief constable, the consent of the police authority;
(ii) he left the force first mentioned in this regulation before 1st January 1963 for the purposes aforesaid with the consent, in the case of the chief constable, of the police authority, or, in any other case, with written consent of the chief constable.
(d) a reference to a constable being statutorily transferred from one force to another shall be construed as a reference to such a constable being transferred by or under the Police (Scotland) Act 1946(a), the Police (Scotland) Act 1956(b), the Police (Scotland) Act 1967 as amended by the Local Government (Scotland) Act 1973(c) or the Local Government (Scotland) Act 1973;
(e) a reference to a constable transferring from one force to another shall be construed as a reference to his either voluntarily so transferring or being statutorily so transferred;
(f) service in a police force from which a constable is or has been statutorily transferred and service in a police force to which he is or has been so transferred shall be treated as if it were service in the same police force;
(g) the following expressions have the meanings hereby respectively assigned to them, that is to say—
"appropriate disciplinary authority" has the like meaning as in section 26(7) of the Police (Scotland) Act 1967;
"central police officer" has the like meaning as in the Police Pensions Regulations;
"Discipline Regulations" means the regulations relating to discipline from time to time in force under section 26 of the Police (Scotland) Act 1967 or any corresponding earlier enactment;
"enactment" means any Act or any instrument made under an Act;
"inspector" includes chief inspector;
"overseas policeman" has the same meaning as in the Police Pensions Regulations;
"penny" means a new penny;
"pensionable service" has the like meaning as in the Police Pensions Regulations;
"Police Pensions Regulations" means the regulations from time to time in force under the Police Pensions Act 1948(d);
"Promotion Regulations" means the regulations relating to qualification and selection for promotion from time to time in force under section 26 of the Police (Scotland) Act 1967;
(a) 1946 c. 71.
(b) 1956 c. 26.
(c) 1973 c. 65.
(d) 1948 c. 24.
"public holiday" means Christmas Day, New Year's Day and each of 5 other days, being so far as is practicable local public holidays;
"reversionary member of a home police force" has the like meaning as in the Police Pensions Regulations;
"serviceman (1939–1945)" has the like meaning as in the Police Pensions Regulations;
"superintendent" includes chief superintendent;
"transferred force" has the like meaning as in Schedule 2 to the Police (Scotland) Act 1967;
"university scholar" and, in relation to such a scholar, "course" and "study" have the meanings respectively assigned to them in paragraph 1 of Schedule 9;
(h) a reference to a police force, which shall have the like meaning as in the Police (Scotland) Act 1967, shall include a reference to a police force maintained under the Police Act 1964(a) as amended by the Local Government Act 1972(b), so however that nothing in these regulations shall be construed as relating to the government, administration or conditions of service of such a force as is last mentioned.
(3) In these regulations any reference to a constable, which shall include a chief constable, is a reference to any regular constable as defined in the Police (Scotland) Act 1967, except where the context requires that the reference is confined to a constable holding the rank of constable, and references to a chief constable, an assistant chief constable, a superintendent, an inspector or a sergeant are references to constables holding those ranks respectively.
(4) In these regulations a reference to an aerodrome constabulary is a reference to such a constabulary within the meaning of the Policing of Airports Act 1974(c); and a reference to a rank in such a constabulary corresponding to a rank in a police force is a reference to a rank in that constabulary designated for the purposes hereof by the Secretary of State as the rank corresponding to the rank in question.
(5) The Interpretation Act 1889(d) shall apply for the interpretation of these regulations as it applies for an Act of Parliament.
PART II
ORGANISATION
Ranks
2. The ranks of a police force which may be held by constables shall be known by the following designations:—
Chief Constable,
Assistant Chief Constable,
Chief Superintendent,
Superintendent,
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