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     4. In regulation 2 (qualification for promotion)–

(a) in paragraph (1) after "qualifying examination" insert "or obtained the qualifying diploma"; and

(b) after paragraph (2) insert–

    " (2A) A constable shall only be entitled to commence the qualifying diploma if he–


(a) has completed his probationary period; and

(b) has successfully applied for a place on the qualifying diploma.".

     5. In regulation 3 (selection for promotion) after "qualifying examination" where it appears in each place insert "or obtained the qualifying diploma".

     6. In regulation 6 (accelerated promotion programme)–

(a) at the end of paragraph (a) omit "or"; and

(b) after paragraph (a) insert–


" (aa) obtained the qualifying diploma"; or.

     7. In regulation 8 (recognition of service and examinations in certain police forces)–

(a) in paragraph (1)–


(i) for sub paragraph (a) substitute–


" (a) a police force maintained under section 2 of the Police Act 1996[3];

(aa) the metropolitan police force;

(ab) the City of London police force;"; and


(ii) for sub paragraph (b) substitute–


" (b) the Police Service of Northern Ireland; or"; and



(b) in paragraph (2)–



(i) omit "sub paragraph (a), (b) or (c) of";

(ii) after "an examination" insert "or course"; and

(iii) in sub paragraphs (a) and (b) after "qualifying examination" insert "or the qualifying diploma".

     8. In regulation 9 (recognition of examinations in the British Transport Police) after "qualifying examination" where it appears in each place insert "or the qualifying diploma".

     9. After regulation 9 insert–

" Determinations
     9A. —(1) Before making a determination under any provision of these Regulations, the Scottish Ministers shall supply the Police Advisory Board for Scotland with a draft of that determination and take into consideration any representations made by that Board.

    (2) A determination under any provision of these Regulations may make different provision for different cases and circumstances.".

     10. After Schedule 1 (qualifying examination) insert–

" SCHEDULE 1ARegulation 1(2)


QUALIFYING DIPLOMA

     1. The course to obtain the qualifying diploma shall be held at least once in each year.

     2. The Scottish Ministers shall determine the application process and procedures in relation to the course to obtain the qualifying diploma.

     3. The Scottish Ministers may make such other arrangements as they consider appropriate for the purpose of holding the course to obtain the qualifying diploma.

     4. The Scottish Ministers shall determine the content and format of the syllabus upon which the course to obtain the qualifying diploma shall be based.

     5. Before determining the content and format of the syllabus upon which the course to obtain the qualifying diploma shall be based, the Scottish Ministers shall consult the Joint Central Committee and such bodies or associations as appear to them to be representative of chief constables and superintendents respectively.

     6. The Scottish Ministers may in making–


(a) a determination under paragraph 2 and arrangements under paragraph 3 of this Schedule, confer functions on a chief constable in relation to that determination or those arrangements, as they think fit; and

(b) a determination under paragraphs 2, 4 and arrangements under paragraph 3 of this Schedule, confer functions on the Scottish Police Services Authority in relation to that determination or those arrangements, as they think fit.



     7. The Scottish Ministers shall secure that each chief constable is duly notified of–



(a) the date on which the course to obtain the qualifying diploma is due to commence and that this information is notified not less than 3 months before each such commencement date;

(b) any arrangements which have been made for holding the course to obtain the qualifying diploma;

(c) the application process and procedures for obtaining a place on the course to obtain the qualifying diploma;

(d) the syllabus upon which the course to obtain the qualifying diploma will be based;

(e) the results of each constable who undertook the course to obtain the qualifying diploma, in the police force of that chief constable, including whether or not each constable has obtained the qualifying diploma; and

(f) any change to a matter which has previously been notified to that chief constable under sub paragraphs (a) to (e).".

KENNY MACASKILL
A member of the Scottish Executive

St Andrew's House, Edinburgh
27th November 2007

[2] S.I. 1996/221; amended by S.S.I. 2004/257.back

[3] 1996 c.16.back

 © Crown copyright 2007