Conditions Of Service - Determinations
Annex C
Regulation
12
PROBATIONARY
SERVICE IN THE RANK OF CONSTABLE
1) A member of a police force appointed in the rank of constable other
than such a member who transferred to the force from another police
force, having completed the required period of probation therein,
and not being a member to whom paragraph (2) applies, shall unless
paragraph (4) applies to that member’s case, be on probation
for the first 2 years of his service as a constable in that police
force following the member’s last appointment thereto or for
such longer period as the chief constable determines in the circumstances
of a particular case.
2) A part-time member of a police force appointed in the rank of constable
shall, unless paragraph (4) applies to that member’s case, be
on probation for a period calculated in accordance with paragraph
(3) following that member’s last appointment thereto or for
such longer period as the chief constable determines in the circumstances
of a particular case.
3)
a) A part-time member of a police force appointed to the rank of constable
shall be required to serve on probation for a period of (40/A) x (2
years less any period of probation served in that force otherwise
than as a part-timer).
b) In sub paragraph (a) above ‘A’ = member’s normal
weekly period of duty, as defined in the determination made by the
Scottish Ministers under Regulation 22.
4) A member of a police force to whom paragraph (1) or (2) applies
who has served on probation for a period of not less than a year following
a previous appointment to that or any other police force shall be
on probation for the first year of the member’s service as a
constable in the police force first mentioned in this paragraph following
the member’s last appointment thereto or for such longer period
as the chief constable determines in the circumstances of a particular
case.
Provided that the chief constable may at his discretion-
a) reduce the period of probation, so however that the reduced period,
when aggregated with the previous period of probation, shall not be
less than 2 years except that, in the case of a member who for any
part of their probation is appointed a part-time member, is not less
than the period served full time in probation plus the period calculated
under paragraph 3(a) above, or
b) dispense with the period of probation, if the member, following
the member’s previous appointment, completed the required period
of probation in the force in question.
5) For the purposes of this determination-
a) in reckoning service, any period of unpaid leave shall be disregarded;
b) in the case of a university scholar, in reckoning service the period
of study shall be disregarded;
c) in the case of a member who has been statutorily transferred from
one force to some other force, the member’s service in those
two forces shall be treated as if it were service in the same police
force;
d) in the case of a member of a police force who has been transferred
thereto from an aerodrome constabulary by an order under section 30
of the Aviation Security Act 1982, the member’s service in that
constabulary shall be treated as if it were service in that police
force.
e) with effect from 8 February 2001 to 5 April 2003, in reckoning
service in the case of a female member of a police force who has taken
one or more periods of maternity leave and who has served continuously
for a period of not less than one year at the beginning of the eleventh
week before the expected date of birth-
i) where that leave has been for eighteen weeks or more, the first
eighteen weeks whilst on maternity leave together with any part of
the period whilst on maternity leave beginning with the week of childbirth
and ending 29 weeks from the week of childbirth shall be treated as
if it were service in the police force;
ii) where that leave has been for less than eighteen weeks, any period
spent on maternity leave shall be treated as if it were service in
the police force.
f) with effect from 8 February 2001 to 5 April 2003, in reckoning
service in the case of a female member of a police force who has taken
one or more periods of maternity leave but who has not served continuously
for a period of not less than one year at the beginning of the eleventh
week before the expected date of birth-
i) where that leave has been for eighteen weeks or more, the first
eighteen weeks whilst on maternity leave shall be treated as if it
were service in the police force;
ii) where that leave has been for less than eighteen weeks, any period
spent on maternity leave shall be treated as if it were service in
the police force.
g) with effect from 6 April 2003, in reckoning service in the case
of a female member of a police force who has taken one or more periods
of maternity leave and who has served continuously for a period of
not less than twenty six weeks at the beginning of the fourteenth
week before the expected date of confinement:-
i) where that leave has been for twenty six weeks or more the first
twenty six weeks whilst on maternity leave together with any part
of the period whilst on maternity leave beginning with the week of
childbirth and ending twenty nine weeks from the week of child birth,
shall be treated as if it were service in the police force;
ii) where the leave has been for less than twenty six weeks any period
spent on maternity leave shall be treated as if it were service in
the police force.
h) with effect from 6th April 2003, in reckoning service in the case
of a female member of a police force who has taken one or more periods
of maternity leave but who has not served continuously for a period
of not less than 26 weeks at the beginning of the fourteenth week
before the expected date of birth:-
i) where that leave has been for 26 weeks or more, the first 26 weeks
whilst on maternity leave shall be treated as if it were service in
the police force;
ii) where that leave has been for less than 26 weeks, any period spent
on maternity leave shall be treated as if it were service in the police
force.
i) with effect from 8th February 2001 in reckoning service in the
case of a member of a police force who has taken one or more periods
of maternity support leave under the determination made under regulation
33(5)(a) any period spent on maternity support leave shall be treated
as if it were service in the police force.
j) with effect from 15th December 1999, in reckoning service in the
case of a member of a police force who has taken one or more periods
of parental leave under the determination made under regulation 33(5)(b)
any period spent on parental leave shall be treated as if it were
service in the police force.
k) with effect from 8 February 2001 to 5th April 2003, in reckoning
service in the case of a member of a police force who has taken one
or more periods of adoption leave under the determination made under
regulation 33(5)(c) any period spent on adoption leave shall be treated
as if it were service in the police force.
l) with effect from 6th April 2003, in reckoning service in the case
of a member of a police force who has taken one or more periods of
adoption leave under the determination made under regulation 33(5)(c):-
(i) where that leave has been for twenty seven weeks or more, the
first twenty seven weeks whilst on adoption leave shall be treated
as if were service in the police force;
(ii) where that leave has been for less than twenty seven weeks, any
period spent on adoption leave shall be treated as if it were service
in the police force.
m) with effect from 6th April 2003, in reckoning service in the case
of a member of a police force who has taken one or more periods of
adoption support leave under the determination made under regulation
33(5)(d) any period spent on adoption support leave shall be treated
as if it were service in the police force.
