PABS (08) (01)

FORINFORMATION

POLICE ADVISORY BOARD FOR SCOTLAND

REPORT ON WORKING GROUPS

PAPER BY POLICE DIVISION

Purpose

1.This paper provides an update for the Board on the work carried out by working groups set up under the main board.

Background

2.Since the last meeting the following groups have met or convened.

PABS Technical Working Group

  • PABS Short Life Working Group on Temporary Senior Officer Appointments
  • PABS Short Life Working Group on Retention
  1. Annex A providesa summary of those regulations and determinations currently being considered by the technical working group and the work currently being undertaken by the short life working groups.

Conclusion

4.Members are invited to note the work programme of the working groups.

PABS Secretariat

October 2008

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PABS (08) (01)

ANNEX a

REPORT ON WORKING GROUPS

WORK PROGRAMME

Technical Working Group (TWG)

1.The role of the TWG is to take forward work relating to the updating of police regulations. All the main stakeholders in PABS are represented on the TWG.

ThePolice (Scotland) Amendment Regulations

  1. The introduction of the Employment Support Allowance (ESA) under the Welfare Reform Act 2007 will require us to make a minor amendment to the Police (Scotland) Regulations 2004.
  1. ESA will replace incapacity benefit for new claimants from 27 October 2008 and as regulation 31(1)(a) allows incapacity benefit to be deducted from an officers pay we need to add a new section to allow ESA to be deducted in a similar way.
  1. A draft copy of the legislation was sent to PABS TWG members in September 2008 and we are awaiting similar legislation to be putforward by the Home Office before we lay the Scottish Statutory Instrument (SSI). This will ensure continuity between the police regulations in both administrations. When introduced the legislation will come into force retrospectively, on 27 October 2008.

Amendment to the Police (Special Constables) (Scotland) Regulations 2008

  1. An amendment has been drafted to correct a typographical error in regulation 2(1) where the reference to the meaning of the “inquiry officer” should relate to regulation 19 rather than to regulation 20. This error was drawn to our attention by the Justice Committee following consideration of the original SSI.
  1. A revised SSI amending regulation 2(1) was sent to PABS members for their consideration in September 2008. However, after consultation with ACPOS we intend to consult PABS TWG members on a further amendment which could be combined with the initial change.
  1. In discussion with forces and ACPOS it has become clear that some forces would like the power to keep on Special Constables after they had reached their retirement age of 60. Forces take the view that this would allow them to retain officers with valuable skills and experience.
  1. To give effect to this change the regulations will require an amendment to enable a Chief Constable to retain a Special Constable after considering matters relating to an officer’s health and ability to perform the role, whilst not compromising the operational effectiveness of the force.
  1. The revised SSI will be issued to PABS TWG members for their consideration before the end of this year.

Substance Misuse

  1. ACPOShas completed its work on a substance misuse policy paper, which included consultation with the main stakeholder groups and a national policy is now being taken forward by the forces. Any form of testing remains a voluntary matter at this time. The Scottish Government has been asked by ACPOS to bring forward legislation to make such testing compulsory.
  1. Giving effect to this proposal could be achieved either by amending existing regulations or introducing a new set of stand-alone regulations. We will consult with PABS members on which route is preferable before bringing forward detailed proposalsfor consideration in the early part of 2009.

PCCS Recommendation on retirement during misconduct

  1. As part of a wide ranging report into the handling of complaints in a specific case, the PCCS put forward a recommendation that “in order to ensure continued public confidence in the police, consideration be given to the introduction of provisions whereby officers who retire before the conclusion of disciplinary proceedings can still be held accountable for their actions”.
  1. Scottish Government officials met with the Commissioner to clarify what exactly was being sought by the introduction of such an amendment.
  1. The Commissioner has agreed that the inclusion of provisions along the lines set out in his report could lead to practical difficulties in enforcement as well as potential challenge under ECHR. Following these discussions it has been agreed with the Commissioner that the best way to address the underlying concerns which led him to reach this recommendation, would be to address the issue in detail in the guidance notes which the Group has agreed should accompany the new Efficiency and Conduct Regulations.
  1. This guidance will state that if an officer, who is the subject of misconduct proceedings retires whilst the proceedings are on-going, then this will not automatically terminate the process. Rather, the expectation will be that the matter will be brought to a meaningful, logical conclusion to ensure that the force identifies any learning opportunities. Of particular importance will be ensuring that, in all cases, the original complainer(s) are informed of the outcome of their complaint and any action that the force proposes to take as a result.
  1. PABS TWG members agreed that such advice should be inserted into the guidance to accompany the revised conduct regulations and members will be sent the guidance for their approval before the amended conduct regulations come into force.

Police (Conduct) (Scotland) Regulations 1996

  1. This set of regulations is being updated to introduce a “two-tier” system whereby incidents that are deemed to be of a more minor nature are dealt with under a new ‘fast-track’ system. The PABS TWG met recently and agreed the main aspects of this new system, including changes to the disposal of a warning given to officers. When amended the regulations will give officers the right to appeal a warning, which has been received under the ‘fast-track’ process, to the Chief Constable.
  1. The present system of dealing with more serious incidents of misconduct will remain largely unchanged but some further amendments will be introduced to clarify certain aspects and recognise more modern HR practices.

18.Between amendments and guidance notes the areas to be addressed will include the level of proof in operation during these proceedings, expanded definition and better facilities available to vulnerable witnesses, use of hearsay evidence, when a hearing can take place in the absence of an officer and the removal of the disposal which allowed the penalty of removing a pay increment.

Police (Efficiency) (Scotland) Regulations 1996

  1. ACPOS has agreed to support the progression of the above regulations without the inclusion of absence management provisions. These issues are the subject of a HMICS thematic inspection and the results of this will be used to inform discussion and future debate on how to take the matter of absence management forward. The intention is that the amendments to the Efficiency Regulations will be progressed in tandem with the amendments to the Police (Conduct) (Scotland) Regulations, with an implementation date of April 2009 being sought.

Police Promotion Regulations

  1. From April 2009 the Police (Scotland) Promotion Examination will be replaced by the Diploma in Police Service Leadership and Management (the Diploma)and we aim to issue draft legislation for consultation in early 2009. These new regulations will leave the Diploma as the only qualifying examination that gives eligibility for promotion, although previous promotion qualifications will continue to be recognised.

Determinations

  1. PABS TWG is also in the process of updating or introducing determinations under the Police (Scotland) Regulations 2004. The first group of determinations to be updated will take account of changes agreed at PNB and introduced through PNB circulars. Determinations do not require Parliamentary approval but they will be subject to consultation through the PABS correspondence communication system before being formally signed off on behalf of the Cabinet Secretary for Justice. Determinations currently being updated or introduced are as follows:
  1. Fixed term appointments
  2. Maternity and Paternity leave
  3. Duty
  4. Pay
  5. Overtime
  6. Temporary salary
  7. Leave
  8. Career breaks
  9. Motor Vehicle allowance
  10. Expenses

Regulations introduced since the last meeting of PABS

The Police (Special Constables) (Scotland) Regulations 2008

  1. These regulations revoked the Police (Special Constables) (Scotland) Regulations 1966 and introduce a set of regulations that mirror, where practicable, the regulations in place for Police Officers. The regulations came into force on 12 May 2008.

The Police (Promotion) (Scotland) Amendment Regulations 2007

  1. The introduction of the Diploma in Police Service Leadership and Management requiredthe amendment of the Police (Promotion) (Scotland) Regulations 1996 to allow the diploma to be recognised as a valid examination allowing promotion to a rank above that of constable. The regulations came into force on 28 January 2008.

Other Working Groups

PABS Short Life Working Group on Temporary Senior Officer Appointments

  1. Over the past year it become clear that there needed to be greater consistency in the appointment process for temporary senior officer appointments to ensure that Scottish Ministers’ statutory obligations were fulfilled and Police Boards’ roles in the appointment process were upheld.
  1. Accordingly, a short life working group was convened to look into this matter. The group met on 26 August 2008 and provisionally agreed a process that will be incorporated into the guidance on chief officer appointments. A revised draft guidance note will be sent to members of the group shortly before wider circulation to PABS members for comment.

PABS Short Life Working Group on Retention

  1. This working group will meet on 31 October to undertake a review of the 30+ scheme under the auspices of the Additional Policing Capacity Project and will report back to the main Programme Board by the end of the year.

PABS Secretariat

October 2008

1

SE Approved

Version 1.1