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Consultation on the Draft Police (Promotion) (Scotland) Amendment Regulations 2007

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ANNEX A
CONSULTATION DOCUMENT
PROPOSAL TO MAKE AMENDMENTS TO THE POLICE (PROMOTION) (SCOTLAND) REGULATIONS 1996

Introduction

1. This consultation document should be read in conjunction with: the attached draft of the Police (Promotion) (Scotland) Amendment Regulations 2007 and associated determinations (Annex B); the Police (Promotion) (Scotland) Regulations 1996; and the relevant sections of the Police (Scotland) Act 1967.

Background

2. In 2003, the Association of Chief Police Officers in Scotland ( ACPOS) People Strategy 'Fit for the 21 st Century' was published. It identified a need to enhance the leadership and management skills of those within the service, particularly those who will hold promoted ranks. As well as ensuring a sufficient legislative knowledge the People Strategy noted that any promotional qualification should create a core set of leadership competencies and behaviours, including transformational leadership, emotional intelligence and change agent skills.

3. Since 2003 the Scottish Police College has been working to meet the objectives of ACPOS's People Strategy. This has resulted in the creation of the Diploma in Police Leadership and Management.

The Diploma in Police Leadership and Management (the Diploma)

4. The Diploma has been developed by the Scottish Police College and the Consultative Committee, in partnership with the Scottish Qualifications Authority ( SQA), to replace the police promotion exams. The Diploma will initially run in tandem with the current promotion route, the Police (Scotland) Promotion Examination, which requires passes in three separate papers on the subjects of Crime, General Police Duties and Traffic. The intention is for the Diploma to replace the promotion exams completely in 2009. The Diploma's syllabus consists of eight Higher National Units across four modules with one overarching Higher National Unit, Developing Skills for Personal Effectiveness.

5. The Diploma is a qualification in its own right, equivalent to a Higher National Diploma, it has been validated by SQA as a Professional Development Award, level 8 on the Scottish Credit and Qualifications Framework equivalent to 120 credit points. The Diploma takes 18 months to complete. The number of courses starting in any given year will be largely dependant on demand by forces who will consult with the Scottish Police College. At this time the College plans to commence a new course every 10 weeks.

6. Greater detail regarding the precise content and structure of the Diploma is available on the Scottish Police College website, www.tulliallan.police.uk/online_docs/dpslm/index.html.

The Police (Promotion) (Scotland) Amendment Regulations 2007

7. In order that the Diploma can be recognised as a qualification, which will give an officer eligibility for promotion, changes are required to the Police (Promotion) (Scotland) Regulations 1996 ( SI 1996 no 221 (s15) ), herein referred to as the Promotion Regulations. The Promotion Regulations are not being revoked.

8. The Police (Promotion) (Scotland) Amendment Regulations 2007 ("the 2007 Regulations") bring forward changes to the Promotion Regulations. A draft of the 2007 Regulations is attached for consultation (Annex B). This is not a finalised draft and may be subject to change once the consultation has concluded.

9. In brief the 2007 Regulations set out that any constable who completes the required probationary period and passes the Diploma course will be eligible for promotion to a rank above that of constable. The current position of the Police (Scotland) Promotion Examination as a qualification which makes an officer eligible for promotion will not be changed. The Diploma, in common with the Police (Scotland) Promotion Examination, merely provides eligibility for promotion; actual selection for advancement will remain within the remit of the relevant force.

10. As with the current Promotion Regulations the 2007 Regulations make provision for determinations. In a similar fashion to the current Promotion Regulations the determinations set out the syllabus, the application process and an application form for the Diploma.

11. The amendment of the 1996 Regulations to introduce the Diploma will not change the recognition and saving of any previous promotion qualifications. The Diploma and the Police (Scotland) Promotion Examination will run concurrently for a transitional period. From the end of March 2009 the Diploma will be the only qualifying examination for eligibility for promotion. In the period before March 2009 separate legislation will be consulted on to revoke the Promotion Regulations 1996. On its introduction this legislation will continue to recognise previous promotion qualifications.

Legislative process

12. The Promotion Regulations, came into force on 1 March 1996. The power to make changes to these regulations is conferred on Scottish Ministers by Section 26(2) of the Police (Scotland) Act 1967. In accordance with obligation placed on the Scottish Ministers by section 82(4) of the Police Reform Act 2002 and section 62 (1A) of the Police Act 1996, we are consulting on a draft of the 2007 Regulations. There have been no amendments to the Promotion Regulations since their inception.

13. Further detail about the legislative process to introduce the 2007 Regulations is set out in the 'What Happens Next' section of the covering letter.

Questions

1. Do you agree that the current legislation should be amended to allow the Diploma to be recognised as an eligible qualification for promotion? (Yes/No)

a) If no, please give further details

2. Do you have any other comment in relation to the proposed Police (Scotland) (Promotion) Regulations 2007 and associated determinations? (Yes/No)

a) If yes, please give further detail

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Page updated: Tuesday, August 28, 2007