The Police (Special Constables) (Scotland) Regulations 2008

JurisdictionScotland
CitationSSI 2008/117
Year2008

2008 No. 117

POLICE

The Police (Special Constables) (Scotland) Regulations 2008

Made 13th March 2008

Laid before the Scottish Parliament 17th March 2008

Coming into force 12th May 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 3(4), 7(1), 16, 26 and 48(1) of the Police (Scotland) Act 19671, section 82(4) of the Police Reform Act 20022and all other powers enabling them to do so.

In accordance with section 26(9) of the 1967 Act, they have submitted a draft of the Regulations to the Police Advisory Board for Scotland and have taken into consideration representations made on the draft by that Board.

1 COMMENCEMENT AND INTERPRETATION

PART 1

COMMENCEMENT AND INTERPRETATION

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Police (Special Constables) (Scotland) Regulations 2008.

(2) These Regulations come into force on 12th May 2008 but regulation 26(2) and (6) shall have effect from 1st September 20063.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

the 1966 Regulations” means the Police (Special Constables) (Scotland) Regulations 19664;

the 1967 Act” means the Police (Scotland) Act 19675;

“inquiry officer” means a constable who is selected under regulation 20;

“misconduct” shall be construed in accordance with regulation 16;

“misconduct officer” means a constable who is selected under regulation 21;

“nominated officer” means a constable who is selected under regulation 18; and

“special constable” has the same meaning as in section 3 of the 1967 Act6.

(2) Unless otherwise stated, for the purpose of these Regulations a reference to–

(a)

(a) “the chief constable” means, the chief constable of the police force to which the special constable belongs or belonged, or as the case may be, the chief constable of the police force to which the person applies to for appointment to the office of special constable; and

(b)

(b) “the deputy chief constable” means the deputy chief constable of the police force to which the special constable belongs.

(3) Nothing in these Regulations shall be construed as authorising allowances payable to a special constable to be reduced retrospectively.

S-3 References to transfers

References to transfers

3. Except where the context otherwise requires, a reference in these Regulations to a special constable transferring from one police force to another shall be construed as a reference to that special constable being voluntarily so transferred.

2 GOVERNMENT

PART 2

GOVERNMENT

S-4 Restrictions on the private life of special constables

Restrictions on the private life of special constables

4.—(1) The restrictions on private life contained in Schedule 1 shall apply to all special constables.

(2) No other restrictions except those designed to secure the proper exercise of the functions of a special constable shall be imposed by the chief constable on the private life of a special constable.

S-5 Business interests

Business interests

5.—(1) A special constable must not have a business interest without the consent of the chief constable.

(2) If a special constable is likely to acquire a business interest that special constable must forthwith give written notice of that interest to the chief constable, unless that special constable has previously disclosed that interest to that chief constable.

(3) A person applying for appointment to the office of special constable must give written notice to the chief constable of any business interest.

(4) A person shall be regarded as having a business interest for the purpose of this regulation if–

(a)

(a) that person, or any member of that person’s family living with that person, holds any licence, certificate or permit granted in pursuance of the laws relating to liquor licensing, betting and gaming or regulating places of public entertainment in the police area of the force to which that person is applying for appointment to the office of special constable or has any pecuniary interest in such licence, certificate or permit; or

(b)

(b) that person is employed in any occupation or holds any appointment which, in the opinion of the chief constable, may cause a conflict of interest with that person’s appointment to the office of special constable.

(5) For the purpose of this regulation, the expression “member of that person’s family” shall include a parent, son, daughter, brother, sister, spouse (not being separated from that person), civil partner (not being separated from that person) or a cohabitant (not being separated from that person).

(6) For the purpose of this regulation “cohabitant” means a member of a couple consisting of–

(a)

(a) a man and a woman who are living together as if they were husband and wife; or

(b)

(b) two persons of the same sex who are living together as if they were civil partners.

S-6 Qualifications for appointment as a special constable

Qualifications for appointment as a special constable

6.—(1) A candidate for appointment to the office of special constable–

(a)

(a) must, if not a national of an EEA State, have leave to enter or remain in the United Kingdom for an indefinite period;

(b)

(b) must produce satisfactory references as to character, and, if that candidate has served in any police force, in the armed forces, in the civil service or as a seaman, produce satisfactory proof of good conduct while so serving;

(c)

(c) must have attained the age of 18 years;

(d)

(d) must be certified by a registered medical practitioner approved by the police authority to be fitted both physically and mentally to perform the duties on which that candidate will be employed after appointment;

(e)

(e) must meet the standard of eyesight determined by the Scottish Ministers;

(f)

(f) must satisfy the chief constable that he or she is sufficiently educated, including being sufficiently competent in written and spoken English and sufficiently numerate, by passing an examination of a standard approved by the chief constable and the Scottish Ministers after consultation with the Police Advisory Board of Scotland; and

(g)

(g) must give to the chief constable such information as to his or her current employment, previous history of employment or any other matter relating to his or her appointment as may be required.

(2) A candidate for appointment to the office of special constable must be given a notice in terms approved by the Scottish Ministers drawing attention to the terms and conditions of service.

(3) A person who is appointed to the office of special constable must not be appointed for a fixed term.

(4) In this regulation–

(a)

(a) “armed forces” means the naval, military or air forces of the Crown including any women’s service administered by the Defence Council; and

(b)

(b) “seaman” has the same meaning as in section 313 of the Merchant Shipping Act 19957.

S-7 Declaration to be made on appointment

Declaration to be made on appointment

7. The terms of the declaration to be made under section 16 of the 1967 Act8by a person appointed to the office of special constable shall be as follows–

“I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable.”.

S-8 Retirement

Retirement

8.—(1) A special constable who wishes to retire voluntarily must give such written notice of intention to retire to the chief constable as may be specified in a determination made by the Scottish Ministers or such shorter notice as may have been accepted by the chief constable.

(2) Subject to regulation 30(2) and (3)(b), a special constable must retire at the age of 60 years.

S-9 Contents of personal records

Contents of personal records

9.—(1) The chief constable must maintain a personal record for each special constable.

(2) The personal record must contain–

(a)

(a) the home address of the special constable;

(b)

(b) a photograph of the special constable taken in accordance with the directions of the chief constable and at the expense of the police authority, provided that such photograph shall not be more than 10 years old;

(c)

(c) a personal description of the special constable;

(d)

(d) particulars of the special constable’s place and date of birth;

(e)

(e) particulars of the special constable’s marriage or civil partnership (if any) and children (if any);

(f)

(f) a record of the special constable’s service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service;

(g)

(g) a record of the special constable’s service (if any) in any other police force and transfers (if any) from one police force to another;

(h)

(h) a record of whether the special constable passed or failed to pass any qualifying examination at which the special constable was a candidate; and

(i)

(i) a record of the special constable’s service in the police force, including postings, transfers, removals, injuries received, periods of illness, attendances at training courses, commendations, rewards, punishments, disposals and the date of the special constable ceasing to be a special constable with the reason, cause or manner thereof.

(3) The chief constable must expunge from the personal record of a special constable–

(a)

(a) any record of any disposal made by the misconduct officer under regulation 22(2)(e) after 3 years from the relevant date; and

(b)

(b) any record of any other final disposals made under regulation 22 or 23, after 3 consecutive years free, from the relevant date, of any such disposal being imposed on that special constable in relation to another matter.

(4) Where any such record as is mentioned in paragraph (3) is expunged from a special constable’s personal record, so much of that personal record as relates to any such expunged record must be destroyed and a new part made out so as not to disclose that the expunged record existed.

(5) A special constable is entitled to inspect his or her personal record.

(6) In this regulation...

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