Consultation on The Draft Police (Scotland) (Special Constable) Regulations and Determinations

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ANNEX D
Regulation 22

ALLOWANCES

1) MOTOR VEHICLE ALLOWANCES

a) Where the chief constable is of opinion that the duties normally performed by a special constable are of such a nature that it is-

i) desirable,

that the special constable in question should, at all material times, have a motor vehicle at the special constable's disposal, the chief constable may authorise that special constable to use (subject to the chief constable's directions) a motor vehicle owned by the special constable for the purposes of duties performed by the member and, subject to the following provisions of this determination, in respect of such use the special constable shall be paid a motor vehicle allowance. Use of a motor vehicle during travelling time which is treated as duty in accordance with a determination under regulation 20(b) shall be treated as use for the purposes of duties performed by the special constable.

b) A motor vehicle allowance shall not be payable in respect of the authorised use of a motor vehicle unless there was in force in relation thereto a policy of insurance in terms approved by the police authority, in relation to the use in question, for the purposes thereof.

c) A motor vehicle allowance shall not be payable in respect of the authorised use of a motor car of a cylinder capacity exceeding 500 c.c. unless the special constable concerned was willing to carry passengers for the purposes of the duties performed by the special constable or, in the case of passengers being members of a police force (including special constables), by those members.

d) A motor vehicle allowance in respect of the authorised use of a motor car of a cylinder capacity exceeding 500 c.c. shall, subject as aforesaid, be payable-

i) where the chief constable is of the opinion mentioned in sub-paragraph (a)(i), at the casual user's rate,

as provided in sub-paragraphs (e) and (f) .

e)

i) Subject to the following provisions of this determination, the amount of a motor vehicle allowance payable at the casual user's rate shall in any year be at the rate specified in sub-paragraph (g).

(f) A motor vehicle allowance in respect of the authorised use of-

(i) a motor car of a cylinder capacity not exceeding 500 c.c., or

(ii) a motor bicycle,

shall, subject as aforesaid, be payable on such conditions and at such rate as is approved by the Scottish Ministers.

g) Rates, with effect from [x] 2006

451-999cc

1000-1199cc

1200-1450cc

Casual users

Per mile - first 8,500 miles

36.4p

40.2p

49.9p

Per mile - after 8,500 miles

10.6p

11.30p

12.8p

Petrol element per mile

7.056p

7.363p

12.01p

Amount of VAT per mile in petrol element

1.051p

1.097p

1.201p

h) The amount of a motor vehicle allowance payable at the casual user's rate shall in any year be an amount calculated in relation to the mileage of authorised use in that year at the rate specified in sub-paragraph (g) by reference to that mileage and the cylinder capacity of the motor car in question.

i) The amount of a motor vehicle allowance payable to a special constable shall not exceed that which would be payable if the vehicle in question were of such a cylinder capacity, not being less than 1,000 c.c., as the chief constable of police, with the approval of the police authority, has determined appropriate for use for the purposes of the duties normally performed by the special constable concerned.

j) For the purposes of this determination-

"authorised use" means the use, authorised under sub-paragraph (a), of a motor vehicle owned by the special constable concerned for the purposes of the special constable's duties as a member of that force or, where the special constable has been statutorily transferred from one force to another force, as a special constable of either of those forces, and "period of authorised use" means the period during which such use is authorised;

"cylinder capacity" means the cylinder capacity of the engine of a vehicle calculated in accordance with regulations under paragraph 2(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994;

"motor bicycle" means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a sidecar);

"motor car" means a mechanically propelled vehicle other than a motor bicycle and, accordingly, includes a mechanically propelled tricycle;

"year" means a period of twelve months beginning on such date as may be determined by the police authority;

and a reference to a motor vehicle owned by a special constable is a reference to such a vehicle kept and used by the special constable.

2) SPECIAL CONSTABLES' ALLOWANCE

a) Where a special constable meets the minimum requirements attached to a duty scheme which has been approved by the Scottish Ministers, that special constable shall be paid a special constable's Allowance.

b) Duty schemes shall operate from 1 April for a period of 12 months for officers in service on 31 March, or for officers who join after 1 April but before 30 September, from 1 October for a period of 6 months. The period 1 April to 31 March shall be referred to as "the primary scheme period". The period 1 October to 31 March shall be referred to as the "probationary scheme period". The probationary scheme period shall only be open to new recruits who join after the commencement of the primary scheme period, but before 30 September.

c) Except in such circumstances as the Scottish Ministers may decide, qualifying members shall undertake duty for a minimum of 45 periods comprising 4 hours each in the primary scheme period, or 23 periods comprising 4 hours each in the probationary scheme period. A maximum of two qualifying periods may be undertaken in any one duty comprising 8 hours or more.

c) The annual rate of this allowance with effect from [x] 2006 is £1,000 for the primary scheme period, and £500 for the probationary scheme period.

3) LOSS OF REMUNERATION ALLOWANCE

a) Where a special constable is required for duty during his normal work time, an allowance equal to his actual loss of remuneration on a daily basis in his private employment shall be paid.

4) REFRESHMENT ALLOWANCE

a) Where a special constable incurs expenditure to obtain a meal taken during a period of duty he shall be paid an allowance at the following rates.

For one meal £6.87

For two meals £9.61

5) SUBSISTENCE ALLOWANCE

a) Rates, with effect from [x] 2006

Period of Duty

Rate (£)

Over 5 but less than 8 hours

9.61

Over 8 but less than 12 hours

13.94

Over 12 hours

22.96

5) BOOT ALLOWANCE

a) A special constable who has exceeded the Minimum Annual Duty Limit prescribed under Annex D may claim a footwear allowance as a valid out of pocket expense as prescribed under Annex E.

Page updated: Thursday, January 19, 2006