Statutory Instrument 1988 No. 1501 (S.146)

The Police (Scotland) Amendment Regulations 1988

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© Crown Copyright 1988

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1988 No. 1501 (S.146)

POLICE

The Police (Scotland) Amendment Regulations 1988

The Secretary of State, in exercise of the powers conferred upon him by section 26 of the Police (Scotland) Act 1967 ^[1] and of all other powers enabling him in that behalf, after taking into consideration any representations made by the Police Advisory Board for Scotland following the submission of a draft of the Regulations in accordance with section 26(9) of the said Act of 1967, and after taking into consideration any recommendations made by the Police Negotiating Board for the United Kingdom and furnishing the said Police Negotiating Board for the United Kingdom 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
    1.    These Regulations may be cited as the Police (Scotland) Amendment Regulations 1988.

Commencement
    2.    These Regulations shall come into force on 27th September 1988.

Interpretation
    3.    In these Regulations any reference to the principal Regulations is a reference to the Police (Scotland) Regulations 1976 ^[3].

Public holidays and rest days for lower ranks
    4.    For regulation 23(7)(g) of the principal Regulations (public holidays and rest days for lower ranks) there shall be substituted the following provision:—
"(g) where a constable is required to do duty, or is recalled to duty, for a period of less than 4 completed hours on a day which is a public holiday or on a rostered rest day, such period or, as the case may be, each such period, shall be treated as though it were a period of 4 completed hours;" .

Maternity leave
    5.    In regulation 28(2) of the principal Regulations (maternity leave), after the words "as respects" and before the words "3 months" there shall be inserted the words "the first".

Refreshment, subsistence and lodging allowances
    6.    For regulation 52 of the principal Regulations (refreshment, subsistence and lodging allowances) there shall be substituted the following regulation:—

"Refreshment, subsistence and lodging allowances
    52.—(1)  A constable of or below the rank of superintendent who, having been retained on duty beyond his normal daily period of duty or engaged on duty away from his usual place of duty, certifies that, by reason of being so retained or engaged, he has been unable to obtain a meal in his usual way and that, as a consequence thereof, he has incurred additional expenditure to obtain food, shall—
(a) if the period for which he is so retained or engaged is not less than two hours but does not exceed five hours, be paid a refreshment allowance;

(b) if the period for which he is so retained or engaged exceeds 5 hours, be paid a subsistence allowance.


    (2)  A constable of or below the rank of superintendent who, having been retained on duty beyond his normal daily period of duty or engaged on duty away from his usual place of duty, certifies that he has incurred additional expense for the purpose of obtaining lodging which he would not have required if he had not been so retained or engaged shall be paid a lodging allowance.

    (3)  A constable of or below the rank of superintendent who satisfies the chief constable that during his normal daily period of duty he has, although not away from his usual place of duty, been prevented by the exigencies of duty from obtaining a meal in his usual way and that he has, as a consequence thereof, incurred additional expenditure to obtain food may be paid a refreshment allowance.

    (4)  For the purposes of this regulation the expression "usual place of duty" means—
(a) in the case of a constable below the rank of superintendent, the police station or other police establishment, or

(b) in the case of a constable of the rank of superintendent, the divisional or sub-divisional headquarters or other police establishment,

in which the constable is stationed or, where such place of duty has been temporarily changed and after such period from the date of change as the chief constable may determine, in which he is temporarily stationed, as the case may be.

    (5)  A refreshment, subsistence or lodging allowance shall be of an amount determined in accordance with Schedule 4." .

    7.    In Schedule 4 to the principal Regulations (refreshment, subsistence and lodging allowances) paragraphs 4 and 5 shall be omitted.

Issue of uniform and equipment
    8.    In Schedule 8 to the principal Regulations (issue of uniform and equipment)—
 (a) for the table "Women" there shall be substituted the table "Women" set out in the Schedule to these Regulations;
 (b) paragraph 3 shall be amended as follows:—
 (i) after the words "2 skirts", there shall be inserted the words "or pairs of trousers"; and
 (ii) for the word "ties" there shall be substituted the word "cravats" .

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

23rd August 1988

[1] 1967 c. 77; section 26(9) was amended by section 2(4) of the Police Negotiating Board Act 1980 (c. 10); section 26(1A) and 10 were inserted by section 111 of the Police and Criminal Evidence Act 1984 (c. 60) back

[2] 1980 c. 10 back

[3] S.I. 1976/1073; relevant amending instrument is S.I. 1985/1325 back

Explanatory Note