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1. The Police (Scotland) Amendment Regulations 2007

Part-1

1.      Citation and commencement

These Regulations may be cited as the Police (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007.

2.      Amendment of Police (Scotland) Regulations 2004

The Police (Scotland) Regulations 2004(3) are amended in accordance with regulations 3 to 14.

3.     In regulation 4 (interpretation) after paragraph (2) insert–

“(3)      These Regulations do not apply to special constables(4).”.

4.      In regulation 6(7) (part-time appointments) omit sub-paragraph (a).

5.     In regulation 8 (business interests)–

(a)       in paragraph (5)–

(i)                       in sub-paragraph (a) for “of employment” substitute “or employment”;

(ii)                     in sub paragraph (c) after “constable ” insert “or”;

(iii)                   in sub-paragraph (d) after “spouse (not being separated from that person)”insert “, civil partner (not being separated from that person) or cohabitant (not being separated from that person)”;

(b)       in paragraph (6)–

for “sister or spouse (not being separated from that person)” substitute “sister, spouse (not being separated from that person), civil partner (not being separated from that person) or cohabitant (not being separated from that person)”; and

(c)        after paragraph (6) insert–

“(7)         For the purpose of this regulation, “cohabitant”(5) means a member of a couple consisting of–

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

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

6.      After regulation 9(2) (qualifications for appointment to a police force) insert–

“(2A)   A person who holds, or is appointed to, a police force to a rank which is lower than superintendent, shall not be appointed for a fixed term.”.

7.     In regulation 15 (contents of personal records)–

(a)       in paragraph (2)(b) for “10 years older” substitute “10 years old”; and

(b)       in paragraph (2)(e) after “member’s marriage” insert “or civil partnership”.

8.      In regulation 19(2) (samples)–

(b)                     for “sections 18, 19 and 19A” substitute “sections 18, 19, 19A and 19AA(6)”;

(c)                     after “Criminal Procedure (Scotland) Act 1995” omit “or”; and

(d)                     after “section 56 of the Criminal Justice (Scotland) Act 2003” insert “, section 87(5A)(c) of the Sexual Offences Act 2003(7)”.

9.           In regulation 21(3) (limitations on duties to be assigned to members statutorily transferred) for “section 38(3)” substitute “section 38A(3)”.

10.           In regulation 22(1) (duty) at the beginning insert “Subject to section 26(5) of

           the 1967 Act,”.

11.     In regulation 24(3)(f) and (g) (pay) for “regulation 33(4)” substitute “regulation 33(7)”.

12.       After regulation 33(12) (leave) insert–

“(13)       The Scottish Ministers shall determine the circumstances and manner in which a member of a police force shall be entitled to take a career break and return to duty after taking such a career break.

(14)        In making a determination under paragraph (13), the Scottish Ministers may confer functions on the–

(a)               police authority in relation to a member of a police force who holds the rank of chief superintendent or a higher rank, who takes a career break;

(b)               chief constable in relation to a member of a police force who holds the rank of chief superintendent or a lower rank, who takes a career break.

(15)        A chief constable may authorise that any of the functions which are conferred on that chief constable under a determination made under paragraph (13) in relation to career breaks may be carried out by a member of a police force who holds the rank of chief superintendent or a higher rank.

(16)        Any determination made under paragraph (13) shall be without prejudice to any arrangements in place under which a member is taking a career break at the time that paragraph comes into force.”.

13.    After regulation 35(2) (expenses) insert–

“(3)         The expenses that may be reimbursed under a determination made under paragraph (1) include tax paid by the chief constable in connection with removal or relocation expenses associated with a member’s appointment to a police force.”.

14.    In regulation 46(3) (determinations) omit “, but nothing in this paragraph shall be construed as authorising the pay or allowances payable to any person to be reduced retrospectively”.