SCHEDULES
F1F1SCHEDULE I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
C1SCHEDULE 2 Transitory Provisions for the Purposes of Amalgamation Schemes
Sch. 2 extended by Local Government (Scotland) Act 1973 (c. 65), s. 146(10)
1
All constables of a police force who are transferred by an amalgamation scheme shall be deemed to have been duly appointed and attested under this Act as constables of the new force, and shall hold in that force the same ranks respectively as they held immediately before the date of such transfer in the transferred force.
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Any register kept in pursuance of any enactment by the chief constable of a transferred force shall be transferred by him to the chief constable of the new force as soon as may be after the date when the scheme came into operation, and as from that date shall be deemed to form part of the corresponding register kept by that chief constable.
4
Subject to the foregoing provisions of this Schedule, anything done before the date when an amalgamation scheme comes into operation by, to or before the police authority for any police area comprised in the combined area, or by, to or before the chief constable of a transferred force, shall, in so far as may be necessary for the purpose or in consequence of the provisions of this Act or of the scheme, have effect after that date as if it had been done by, to or before the F3joint police board or the chief constable of the new force.
5
In this Schedule the expression “transferred force” means the police force maintained for any police area comprised in a combined area, and “new force” means the police force established by any amalgamation scheme, and any reference to attestation includes a reference to making a declaration under section 16 of this Act.
6
This Schedule shall have effect in relation to an amending or revoking scheme with the substitution where necessary—
a
for any reference to an amalgamation scheme, of a reference to the amending or revoking scheme.
b
for any reference to the combined area, of a reference to such area as may be prescribed by the amending or revoking scheme, and
c
for any reference to a police area comprised in a combined area, of a reference to the combined area under the scheme being amended or revoked;
and for this purpose the expression “new force” shall be construed as including a reference to a police force re-established by an amending or revoking scheme.
F23SCHEDULE 3 APPEALS
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F6 Police Appeals Tribunals
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F41
1
In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom—
a
one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of this Schedule;
b
one shall be a member of a police authority, other than the relevant police authority; and
c
one shall be a person who is (or has within the previous five years been) an inspector of constabulary.
2
The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.
F52
1
In the case of an appeal by a constable who is not a senior officer, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—
a
one shall be a person chosen from the list referred to in paragraph 1(1)(a) of this Schedule;
b
one shall be a member of the authority;
c
one shall be a person chosen from a list maintained by the Secretary of State of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the police force; and
d
one shall be a retired constable of appropriate rank.
2
The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.
F8Notice of appeal
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F73
An appeal shall be instituted by giving notice of appeal within the time prescribed by rules under section 30 of this Act.
F10Respondent
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F94
On any appeal the respondent shall be the person prescribed by rules under section 30 of this Act.
F12Casting vote
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F115
Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.
F14Hearing
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F136
1
A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.
2
Where a hearing is held, the appellant shall have the right to be represented by a serving constable or by an advocate or a solicitor; and the respondent to be represented by a constable of the force maintained by, or an officer of, the relevant police authority or by an advocate or a solicitor.
F16Effect
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F157
1
Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.
2
Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, or in his rank he shall, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the order for the purposes of pay, be deemed to have served in the force or in that rank continuously from the date of the original decision to the date of his reinstatement.
3
Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.
F18Tribunal remuneration and expenses
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F178
Members of a police appeals tribunal shall be—
a
paid such remuneration; and
b
reimbursed for such expenses,
as the Secretary of State may determine.
F20Expenses of proceedings
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F199
1
An appellant shall pay the whole of his own expenses unless the police appeals tribunal directs that the whole or any part of those expenses are to be paid by the relevant police authority.
2
Subject to sub-paragraph (1) of this paragraph, all the expenses of an appeal under section 30 of this Act, including the expenses of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be paid by the relevant police authority.
F22Interpretation
Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)
F2110
In this Schedule—
a
“senior officer” means a constable holding a rank above that of superintendent;
b
“relevant police authority” means the police authority for the area for which the police force of which the appellant is a constable is maintained; and
c
“retired constable of appropriate rank” means—
i
where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and
ii
in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below.
C2SCHEDULE 4 Consequential Amendment of Enactments
The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991
The M1Dogs Act 1906
6 Edw. 7. c. 32
In section 8(b), for the words “the Police (Scotland) Act, 1890” there shall be substituted the words “
the Police (Scotland) Act 1967
”
.
The M2Children and Young Persons Act 1933
23 & 24 Geo. 5 c. 12
In section 107(1), in the definition of “chief officer of police” for the words “the Police (Scotland) Act, 1890” there shall be substituted the words “
the Police (Scotland) Act 1967
”
.
. . . F24
In Sch. 4 the entry relating to the Firearms Act 1937 repealed by Firearms Act 1968 (c. 27, SIF 51:1), s. 59, Sch. 7
Entry relating to the Police (Overseas Service) Act 1945 in Sch. 4 repealed (1.1.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3075, art. 2, Sch.
F25. . ..
The M3Local Government (Scotland) Act 1947
10 & 11 Geo. 6 c. 43
In Schedule 6, the entry relating to section 15 of the Police (Scotland) Act 1956 shall be omitted and there shall be inserted the following entry:—
Section 15 of the Police (Scotland) Act 1956, except as regards dwelling-houses and other housing accommodation, and sections 2(4) and 10 of the Police (Scotland) Act 1967, except as aforesaid.
Such period not exceeding sixty years as the Secretary of State may fix.
. . . F26
In Sch. 4 the entry relating to the Police Pensions Act 1948 repealed by Police Pensions Act 1976 (c. 35, SIF 95), s. 13(2), Sch. 3
The M4Civil Defence Act 1948
12, 13 & 14 Geo. 6 c. 5
In section 4(6)(b), for the words from “section eleven of the Police (Scotland) Act, 1946” to the end there shall be substituted the words “
section 10 of the Police (Scotland) Act 1967 on police authorities to acquire compulsorily land required for the purposes of their functions under that Act
”
.
. . . F27
In Sch. 4 the entry relating to the Homicide Act 1957 repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. V
. . . F28
Entry relating to Overseas Service Act 1958 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 18, Sch. 2 Pt. I
The Police Act 1964
Paragraphs in Sch. 4 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I
F29. . ..
The M5Firearms Act 1965
In Schedule 1, in paragraph 2, after the words “the Police (Scotland) Act 1956” there shall be inserted the words “
or against section 41 of the Police (Scotland) Act 1967
”
.
The M6National Insurance (Industrial Injuries) Act 1965
In section 77, for the words “the Police (Scotlnad) Act 1956” there shall be substituted the words “
the Police (Scotland) Act 1967
”
.
The M7Superannuation (Miscellaneous Provisions) Act 1967
In section 13(3), for the wors from “sections 11A” to the end there shall be substituted the words “
sections 27 and 8 respectively of the Police (Scotland) Act 1967
”
.
. . . F30
Entry relating to Road Traffic Regulation Act 1967 (c. 76) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14
Entries relating to the House to House Collections Act 1939 repealed by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137(8), Sch. 4
The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Sch. 1 repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29