Conditions Of Service - Determinations
ANNEX
V
Regulation
35
EXPENSES
1) REIMBURSEMENT OF MEDICAL CHARGES
a) A member of a police force, if the charges are incurred by reason
of an injury received without that member’s default in the execution
of that member’s duty as a constable, shall be reimbursed by
the police authority any charges incurred in that member case under
sections 69, 70, 71 or 71A of the National Health (Scotland) Act 1978
(which sections relate to charges for certain drugs, medicines and
appliances and for dental treatment).
b) For the purposes of sub-paragraph (a), “injury” and
“injury received in the execution of duty” have the same
meanings as they have in the Police Pensions Regulations.
2) REMOVAL EXPENSES - WITH EFFECT FROM 1 APRIL 2003
a) Where a member of the police force moves home in circumstances
to which this sub-paragraph applies, the police authority-
i) shall either reimburse the reasonably incurred cost of removal
or carry out the removal;
ii) shall, where the member was the owner of the former home, reimburse
expenses reasonably incurred by the member in connection with the
disposal thereof;
iii) shall, where the member is the owner of the new home, reimburse
expenses reasonably incurred by the member in connection with the
acquisition thereof if-
(1) the member was the owner of the former home, or
(2) the police authority, after consulting the chief constable, are
satisfied that the member could neither have been provided with a
suitable house or quarters nor have been reasonably expected to find
suitable rented accommodation within a reasonable distance of the
member’s normal place of duty,
so, however, that where the police authority are of opinion that the
member could have acquired a suitable home for a consideration less
than that actually paid, they may restrict the reimbursement of expenses
directly related to the consideration paid by the member to expenses
which would have been reasonably incurred had the member paid that
lesser consideration;
iv) shall reimburse the member payments made by the member to meet
relevant liabilities in respect of the first 26 weeks following the
move and may, if they think fit, reimburse such payments in respect
of such further period as they may determine so, however, that where
the police authority are of opinion that the member has not taken
all reasonable steps to reduce or terminate the member’s liability
to make such payments as aforesaid they may restrict the reimbursement
to payments which the member would have been liable to make had the
member taken all such steps.
b) Sub-paragraph (a) applies where the member moves home-
i) on joining the force in the rank of assistant chief constable or
a higher rank; or
ii) except as a consequence of joining the force otherwise than on
being statutorily transferred thereto, and the removal is, in the
opinion of the chief constable, due to the exigencies of police duty
or is made at the request of the chief constable and is, in the chief
constable’s opinion, in the interests of the efficiency of the
force.
c) For the purposes of sub-paragraph (a)(iv) relevant liabilities
are-
i) liabilities in respect of mortgage interest or rent payable in
connection with the former home; and
ii) in respect of any days in respect of which the member is liable
to pay council tax in respect of the former home, the amount by which
that tax and any council tax the member is liable to pay in respect
of the new home exceeds the council tax that that member would have
been liable to pay in respect of the member’s former home if
the member had not moved from it.
d) voluntarily transferring from one force to another, otherwise than
in circumstances to which sub-paragraph (b) applies, the police authority
of the force to which the member transfers-
i) out the removal;
ii) may, in the circumstances mentioned in sub-paragraph (a)(ii),
reimburse the expenses there mentioned;
iii) may, in the circumstances and subject to the conditions mentioned
in sub-paragraph (a)(iii), reimburse the expenses there mentioned;
iv) may, subject to the conditions mentioned in sub-paragraph (a)(iv),
reimburse the expenses there mentioned.
e) Where the cost of removal is reimbursed or the removal is carried
out by the police authority under sub-paragraph (a) or (d) the police
authority shall reimburse -
i) an item of expenditure incidental to the move and not otherwise
covered in this determination if the member can satisfy the police
authority of the necessity of the expenditure;
ii) where the member satisfies the police authority that, in consequence
of the move, the member has failed to benefit, in whole or in part,
from expenditure reasonably incurred by the member prior to the move
(other than such payments as are referred to in sub paragraph (a)(iv)),
the whole or the proportionate part of that expenditure so far as
it is not recoverable by the member.
.
f) Where a member of a police force has been requested by the chief
constable, in the interests of the efficiency of the force, to move
the member’s home, and-
i) the member has, in consequence, in connection with the contemplated
disposal of the member’s home and acquisition of a new home,
incurred any expenses; and
ii) the member would, if that member had moved home, have been reimbursed
those expenses by the police authority in pursuance of sub-paragraph
(a)(i) or (iii); but
iii) in consequence of a subsequent decision of the chief constable,
the member does not in fact move home,
the member shall be entitled, notwithstanding that the member has
not moved home, to be reimbursed those expenses by the police authority.
g) To qualify for reimbursement, an item of removal expenditure must
be necessary, reasonable and backed by a receipt.
h) In this determination
i) any reference to an owner, being an owner of property mentioned
in this determination, is a reference to an occupier thereof whose
interest therein is either (i) that of proprietor of the dominium
utile or, in the case of property not held on feudal tenure, that
of proprietor thereof, or (ii) a leasehold interest which is neither
an interest under a lease (which term includes sublease) from year
to year or for a lesser period, or any other lease the unexpired period
of which does not exceed a year, nor a furnished tenancy.
Provided that, in the case of property subject to a standard security
as provided for by the Conveyancing and Feudal Reform (Scotland) Act
1970 or a heritable security constituted by ex facie absolute disposition
or assignation., the person who, if the debt were discharged, would
be entitled to be vested in that property shall, for the purposes
of this determination, be treated as the proprietor or, as the case
may be, as the tenant;
ii) any reference to expenses incurred in connection with the disposal
or acquisition of any property shall be construed as including, in
particular, estate agent’s, auctioneer’s and solicitor’s
fees, stamp duty and expenses in connection with the discharge, redemption,
transfer or taking out of a heritable security;
and any reference to expenses incurred in connection with the acquisition
of any property shall be construed as also including expenses in connection
with the contemplated acquisition of a property other than that acquired.
3) FOOD AND ACCOMMODATION EXPENSES
a) When a member of a police force is necessarily prevented in the
course of a tour of duty from obtaining a meal in the usual way, that
member shall be reimbursed the difference between the meal the member
then obtains and the meal the member usually takes in the course of
that tour of duty, provided that the additional expenditure is reasonable
and backed by a receipt.
b) When a member of a police force is retained on duty beyond the
member’s normal daily period of duty, the member shall be reimbursed
the cost of any meal the member then necessarily obtains provided
that expenditure is reasonable and backed by a receipt.
c) A member of a police force shall be reimbursed accommodation expenses
necessarily incurred in connection with duty away from the member’s
usual place of duty, or necessary because the member has been retained
on duty beyond the member’s normal daily period of duty provided
that the expenditure is reasonable and backed by a receipt.
d) The usual place of duty for this purpose is the police establishment
in which the member is stationed. The chief constable shall determine
the date at which a member on duty away from the member’s usual
establishment becomes for the time being stationed at the place where
the member is temporarily on duty.
e) A member of a police force shall, if the member requests, be given
an advance to cover, as far as practicable, probable expenses of duty
away from the member’s usual place of duty.
f) In the case of a part-time member and in the case of a member working
in accordance with variable shift arrangements, in sub-paragraph (a)
for the words “tour of duty” and in sub-paragraph (b)
for the words “normal daily period of duty”, substitute
“rostered shift”.
4) TRAIN TRAVEL EXPENSES FOR CERTAIN RANKS
A member of a police force of the rank of superintendent or above
who is required to travel by train in the execution of that member’s
duty shall be entitled to travel in first-class accommodation and
to be reimbursed those expenses accordingly.
5) RELEVANT TRAVELLING EXPENSES
a) This paragraph applies where a member of a police force is-
i) required to perform that member’s normal daily period of
duty in more than one tour of duty, or
ii) recalled to duty between two tours of duty,
and travels to and from home between tours, or, as the case may be,
in consequence of the member’s recall (in this paragraph referred
to as “relevant travelling”).
b) Relevant travelling expenses shall be treated as expenses incurred
in the execution of duty and, unless they are expenses in respect
of which an allowance is payable under the determinations made under
Part 6 of the Police (Scotland) Regulations 2004, the member concerned
shall be reimbursed those expenses to the extent that they do not
exceed such reasonable limit as the police authority may fix.
6) UNIVERSITY SCHOLARS
a) This Annex shall have effect in relation to a university scholar
subject to the provision contained in (b).
b) Where a university scholar moves home and the removal is, in the
opinion of the police authority, due to the member having undertaken
or completed the scholar’s course of study and is, in their
opinion, reasonable in all the circumstances, paragraph (2) shall
have effect in the scholar’s case as if the removal were such
as is mentioned in sub-paragraph (a) thereof.
