21.
Limitations on duties to be assigned to members statutorily transferred
(1) Where a member of a police force has
previously served in a police force for an area comprised in whole
or in part in the area for which that member's present force is maintained
and that member ceased to be a member of the former force and became
a member of the present force by reason only of being statutorily
transferred from that force to another then, subject to paragraph
(2), that member shall not be assigned to duties which, in the opinion
of the Scottish Ministers, make it necessary for that member to move
home to a place which is outside the area for which that member's
former force was maintained.
(2) Paragraph (1) shall not apply to a person by reason of that person's
previous service in a particular police force if-
(a) since that person became a member of that police force that person
has been a chief constable; or
(b) after that person was statutorily transferred from that police
force that person has given written notice to the chief constable
of the police force of which that person was at the time a member
that the protection accorded by paragraph (1) should cease to apply
to that person,
without prejudice, however, to the application of paragraph (1) to
that person by reason of service in another police force after that
person's statutory transfer from the force first mentioned in this
paragraph and before that person's statutory transfer to that person's
present force.
(3) Paragraph (1) shall apply in the case of a member of a police
force who ceased to be such and became a serviceman, or engaged on
relevant service within the meaning of section 38A(1) (b) to (bb)
and (e) and (f) of the 1967[a] Act who enjoys a right of reversion
under section 38(3) of the 1967 Act or-
(a) where on ceasing to be such, that person resumed service in, or,
as the case may be, exercised that person's right of reversion to,
that person's former force, as if that person had not ceased to be
a member of that force; or
(b) where on ceasing to be such, that person resumed service in, or,
as the case may be, exercised that person's right of reversion to
some other force to which members of that person's former force had
been transferred as mentioned in paragraph (1), as if that person
had been so transferred from that person's former force to that other
force.
(4) In this regulation "present force" and "former
force" mean, respectively, the force first mentioned and that
secondly mentioned in paragraph (1).
[a] Section 38A(1) was inserted
by section 60 of the Police and Magistrates Courts Act 1994 (c.29)
and amended by the Police Act 1997 (c.50).
