The Police (Scotland) Regulations 2004

Regulation 7

SCHEDULE 1RESTRICTIONS ON THE PRIVATE LIFE OF MEMBERS OF POLICE FORCES

1.  A member of a police force shall at all times abstain from any activity which is likely to interfere with the impartial discharge of that member’s duties or which is likely to give rise to the impression amongst members of the public that it may so interfere; and in particular a member of a police force shall not take any active part in politics.

2.  A member of a police force shall not, unless that member has previously given written notice to the chief constable, receive a lodger in a house in which that member resides and in respect of which that member receives an allowance under a housing allowance or a transitional rent allowance or sub-let any part of such a house.

3.  A member of a police force shall not wilfully refuse or neglect to discharge any lawful debt.

Regulations 24 and 37

SCHEDULE 2EFFECT OF DISCIPLINARY ACTION ON PAY AND ALLOWANCES

1.—(1) Subject to paragraph 3, a member of a police force suspended under the Conduct Regulations who–

(a)is detained in pursuance of a sentence of a court in a prison or other institution to which the Prisons (Scotland) Act 1989(1) applies, or is in custody (whether in prison or elsewhere) between conviction by a court and sentence; or

(b)has absented himself or herself from duty and whose whereabouts are unknown to the chief constable (or deputy chief constable or assistant chief constable acting as chief constable),

shall not, by virtue of regulation 24, be entitled to pay in respect of his period in detention or custody or, as the case may be, in respect of the period during which that member’s whereabouts are unknown as aforesaid.

(2) Where the member suspended is a senior officer sub-paragraph (1)(b) shall have effect as if for the words after “unknown” there were substituted “to the police authority”.

2.  Subject to paragraph 3, a member of a police force suspended under the Conduct Regulations shall not, by virtue of Part 6 of these Regulations, be entitled to any allowance, in respect of the period of suspension, other than–

(a)an allowance under Schedule 3; or

(b)in the case of a member to whom paragraph 3(c) does not apply, such allowance as the Scottish Ministers may determine.

3.  Where a member of a police force returns to duty when the period of suspension comes to an end and–

(a)it has been decided that that member shall not be charged with a disciplinary offence; or

(b)that member has been so charged and all the charges have been dismissed; or

(c)that member has been so charged and has been punished by a reduction in that member’s rate of pay, fine, reprimand or caution,

that member shall receive, as from the date of that member’s suspension, the pay to which, but for paragraph 1, and the allowances to which, but for paragraph 2, that member would have been entitled by virtue of these Regulations.

4.  Where a member of a police force is fined under the Conduct Regulations the fine shall, without prejudice to any other method of recovery, be recoverable by way of deductions from the member’s pay during the period of 13 weeks following the imposition of the fine so, however, that the aggregate sum which may be deducted in pursuance of this paragraph in respect of any one week (whether on account of one or more fines) shall not exceed a seventh of the member’s weekly pay:

Provided that in the event of the member leaving the police force, the whole amount of any fine unpaid may be deducted from any pay then due.

Regulation 38

SCHEDULE 3REPLACEMENT ALLOWANCE

Interpretation

1.—(1) This paragraph has effect for defining expressions used in paragraphs 2 to 7.

(2) “Qualifying member” means a member of a police force who–

(a)immediately before 1st September 1994 was a member of that or another police force;

(b)was not then on unpaid leave;

(c)has at all times after 31st August 1994 been a constable; and

(d)has not after that date been on unpaid leave.

(3) Where a member of a police force in England and Wales or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in Scotland that member shall be treated from the date of transfer as if that member were a qualifying member.

(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to a police force in Scotland that member shall be treated from the date of transfer as if that member were a qualifying member.

(5) “Re-joining member” means a member who by reason only of a relevant absence is not a qualifying member.

(6) “Relevant absence” means–

(a)a period of central service or overseas service; or

(b)a period of relevant service within the meaning of section 38A(1)(ba) or (bb) of the 1967 Act(2) or any corresponding provision for the time being in force in England and Wales or Northern Ireland; or

(c)a period of unpaid leave,

ending after 31st August 1994.

(7) “Housing emoluments” means any one or more of the following kinds of payments under the provisions of the 1976 Regulations as they had effect before 1st September 1994–

(a)a housing allowance under regulation 42;

(b)a transitional rent allowance under regulation 42B;

(c)a supplementary housing allowance under regulation 43; and

(d)a compensatory grant under regulation 45,

and in relation to a re-joining member includes a rent allowance under regulation 42 of the 1976 Regulations as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b) above.

(8) “The 1976 Regulations” means the Police (Scotland) Regulations 1976(3).

Qualifying member provided with accommodation

2.—(1) A qualifying member who ceases to occupy a house or quarters with which that member was provided free of rent becomes entitled to a replacement allowance.

(2) The replacement allowance is, subject to paragraph 7, an allowance at a rate equal to the total of–

(a)the rate at which housing allowance, or as the case may be transitional rent allowance, was payable, or would have been payable if that member had not been occupying the house or quarters, immediately before 1st September 1994; and

(b)the rate at which any allowance under regulation 42(11) or 43(3) was or would have been then payable.

Qualifying member with housing emoluments

3.—(1) A qualifying member who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless that member is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 7, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.

Re-joining member previously provided with accommodation

4.—(1) A re-joining member who immediately before the relevant absence began was occupying a house or quarters with which that member was provided free of rent becomes entitled to a replacement allowance unless that member is again provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 7, an allowance at the rate at which, if that member had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable–

(a)where the relevant absence began before 1st September 1994, immediately before it began; and

(b)in any other case, immediately before 1st September 1994.

Re-joining member previously in receipt of housing payments

5.—(1) A re-joining member who immediately before the relevant absence began was in receipt–

(a)of housing emoluments; or

(b)of a replacement allowance under paragraph 2 or 3,

becomes entitled to a replacement allowance unless that member is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 7, an allowance–

(a)where sub-paragraph (1)(a) applies, at the rate at which the housing emoluments were payable; and

(b)where sub-paragraph (l)(b) applies, at the rate at which the previous replacement allowance was payable,

immediately before the relevant absence began.

Members provided with house or quarters

6.  A qualifying member or a re-joining member who–

(a)is provided with a house or quarters free of rent; and

(b)if the relevant provisions of the 1976 Regulations had continued in force would have been entitled to an allowance under regulation 42(11) or 43(3),

is, subject to paragraph 7, entitled to an equivalent replacement allowance.

Variation and termination of replacement allowances

7.—(1) Subject to sub-paragraph (2), in circumstances in which–

(a)a housing allowance or transitional rent allowance payable as mentioned in paragraph 2(2) or 4(2); or

(b)any of the housing emoluments mentioned in paragraphs 3(1), 5(1)(a) and 6,

would, if the relevant provision of the 1976 Regulations had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of discontinuance would have been that no housing emoluments remained payable, terminated.

(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member’s being married to or sharing accommodation with another member appointed after 31st August 1994.

(3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 42A of the 1976 Regulations (which provided for biennial adjustment of housing allowances), or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.

Regulation 50

SCHEDULE 4REVOCATIONS