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Justice Department
Police Division Identity No: Police Circular No: 4/2002 Title: Reinstatement Of The Rank Of Deputy Chief
Constable And Chief Superintendent Addressed to: Chief Constables
Clerks to the Joint Police Boards
Chief Executives of Fife and Dumfries and Galloway Police
Authorities Copies to: Association of Chief Police Officers in Scotland
Association of Scottish Police Superintendents | St Andrew's House
Regent Road
Edinburgh EH1 3DG Telephone: 0131 244 2155
Fax: 0131-244 2666 Your ref: Our ref: DCE/12/3 Date: 10 April 2002 |
Dates: Topic: Pay and Conditions
Issued:
Implementation: 1 January 2002
Impact: Immediate
Contact(s) for more information: (Tel:George Vine 0131 244 2155)
(at the above address)
Dear Colleague
Purpose of the circular: To advise joint police boards, police authorities and chief constables of interim arrangements intended to ensure that officers currently holding (or who will in due course be appointed to) the ranks of Assistant Chief Constable (designate) and Superintendent and who are, by virtue of their responsibilities, referred to as holding the ranks of Deputy Chief Constable and Chief Superintendent in Scotland, respectively, are not disadvantaged compared to their counterparts in England and Wales following the reinstatement in statute of these ranks south of the Border. These arrangements will be followed up in due course by equivalent statutory changes in Scotland. Section 60 of the Criminal Justice (Scotland) Bill, which was introduced in the Scottish Parliament on 26 March 2002 makes provision for the relevant changes.
Summary of contents: This circular sets out the interim arrangements that are to apply.
The rank of Deputy Chief Constable
Salaries
In the case of Assistant Chief Constables (designate) who are referred to as Deputy Chief Constables it is recognised that, although they have still to be promulgated in regulations, pay scales have already been agreed within the Police Negotiating Board (PNB). These were approved by Ministers in the summer and were included in Police Circular 8/2001. They will therefore already have been implemented by police forces in Scotland for those officers who are Assistant Chief Constables (designate) and who currently deputise for the Chief Constable. Forces will therefore be able to pay the appropriate salaries to those officers who are so designated during the interim period before the legislation formally reinstating the rank of Deputy Chief Constable is enacted. The Scottish Ministers will shortly bring forward retrospective Regulations, under section 26 of the Police (Scotland) Act 1967, to underpin these salaries for Assistant Chief Constables (designate).
AppointmentsFormally, until the legislation is enacted, a police authority or joint police board has no statutory role in the appointment of a Deputy Chief Constable. However, as indicted above, the Scottish Ministers have introduced legislation to reinstate this rank in statute. They would therefore expect that in the interim any appointment of an Assistant Chief Constable (designate) would be undertaken by a Chief Constable in full consultation with his police authority or joint police board and anticipate so far as is practicable the appointment arrangements that would apply after the legislation is in place. Formally, during this interim period, the statutory role of a police authority or joint police board in relation to the appointment of an Assistant Chief Constable (designate) is unchanged. Any prospective vacancy in a Scottish force at the rank of Assistant Chief Constable (designate) where the holder will be regarded as the Deputy Chief Constable which arises following the date of this circular, and during the interim period, should be made under the current arrangements for the appointment of an Assistant Chief Constable (designate). Only after the legislation is in place can an appointment to Deputy Chief Constable be made substantive.
The rank of Chief Superintendent
The arrangements for appointment to the rank of (Chief) Superintendent are currently an operational matter for Chief Constables. The proposed new legislation will not change that. The only consequence of the new provisions in England and Wales, as regards Chief Superintendents (and also Superintendents), is on pay scales.
As you will know, the PNB has already issued advisory details of the new pay scales (in PNB Circulars 01/9 (Advisory) and 01/13 (Advisory)) to be paid to Superintendents and Chief Superintendents from the commencement of the new provisions to reinstate the rank of Chief Superintendent in England and Wales from 1 January 2002. Scottish Ministers would wish those currently holding the rank of Superintendent in Scotland but who are, by virtue of their responsibilities, being regarded as a Chief Superintendent (and those appointed to this position during the interim period) to receive the same salaries as they would have, had the new provisions already been introduced in Scotland.
In order to ensure that this occurs, Scottish Ministers will shortly bring forward retrospective Regulations under section 26 of the Police (Scotland) Act 1967. To cover the period between 1 January 2002 and the date of reintroduction, this will provide for a transitional allowance at a rate which will increase the salary of a constable at the rank of Superintendent to the level agreed by the Police Negotiating Board for the rank described as Chief Superintendent. Details of the level of allowances payable are set out in Annex A.
The new scales and transitional allowance will of course be pensionable.
Next steps
Once the regulations referred to above have been made, we shall issue a further circular.
Yours faithfully
David Henderson
Head of Police Division