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Scottish Statutory Instruments

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

Contents

Go to Preamble

  1. PART 1

    COMMENCEMENT AND INTERPRETATION

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.References to transfers

  2. PART 2

    GOVERNMENT

    1. 4.Restrictions on the private life of special constables

    2. 5.Business interests

    3. 6.Qualifications for appointment as a special constable

    4. 7.Declaration to be made on appointment

    5. 8.Retirement

    6. 9.Contents of personal records

    7. 10.Transfer of personal records

    8. 11.Personal record of special constable leaving force

    9. 12.Fingerprints

    10. 13.Samples

  3. PART 3

    DUTY

    1. 14.Duty to carry out lawful orders

    2. 15.Duty

  4. PART 4

    MISCONDUCT

    1. 16.Misconduct

    2. 17.Preliminary Procedures

    3. 18.The nominated officer

    4. 19.The inquiry officer

    5. 20.Inquiry procedure

    6. 21.The misconduct officer

    7. 22.Procedure on receipt of inquiry officer’s report

    8. 23.Review by chief constable

    9. 24.Suspension

    10. 25.Alleged criminal offence

  5. PART 5

    ALLOWANCES AND EXPENSES

    1. 26.Allowances

    2. 27.Expenses

  6. PART 6

    UNIFORM AND EQUIPMENT

    1. 28.Issue of uniform and equipment

  7. PART 7

    DETERMINATIONS AND AMENDMENT OF OTHER REGULATIONS

    1. 29.Determinations

    2. 30.Revocations and savings provisions

  8. SCHEDULE 1

    RESTRICTIONS ON THE PRIVATE LIFE OF SPECIAL CONSTABLES

  9. SCHEDULE 2

    CONDUCT CONSTITUTING MISCONDUCT

  10. SCHEDULE 3

    REVOCATIONS

Go to Explanatory Note

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 1967(1), section 82(4) of the Police Reform Act 2002(2) and 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)

1967 c. 77; section 3(4) was inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (“the 2006 Act”), section 48 and commenced on 1st September 2006 by S.S.I. 2006/432; section 16 was amended by the District Courts (Scotland) Act 1975, Schedule 1, paragraph 29; section 26(1) was amended by the Police and Magistrates' Courts Act 1994 (c. 29) (“the 1994 Act”), section 53(1); section 26(1A) and (10) were inserted by the Police and Criminal Evidence Act 1984 (c. 60), section 111; section 26(2) was amended by the 1994 Act, sections 47(5), 52(2) and Schedule 9 and by the Police Act 1996 (c. 16) (“the 1996 Act”), Schedule 7, paragraph 14(2); section 26(2A) and (2B) were inserted by the 1994 Act, section 52(3); section 26(2C) was repealed by the 2006 Act, schedule 6, paragraph 1(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; section 26(9) was amended by the Police Negotiating Board Act 1980 (c. 10), section 2(4) and by the 1996 Act, Schedule 7, paragraph 14(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Back [1]

(2)

2002 c. 30; section 82(4) was amended by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 4, paragraph 185. Back [2]

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