The Scottish Government

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Topic: Finance and other resources

Issued: 21/3/05

Implementation: Immediate

Contact(s) for more information: Ann Tocher

(at the above address)
(Tel: 0131 244 2148)

email: ann.tocher@scotland.gsi.gov.uk

Dear Colleague

Purpose of the circular: To inform police authorities and joint police boards of the mechanism the Scottish Ministers will use under section 36 of the Police (Scotland) Act 1967 ("the 1967 Act") as substituted by Section 46 of the Crime and Punishment (Scotland) Act 1997, to determine amounts paid to them by police authorities and joint police boards.

The new and simplified arrangements introduced in 2004-05 for funding the Common Police Services will continue in 2005-06. These arrangements were introduced on a trial basis pending new legislation on the governance of funding of the CPSs. In 2005-06 the Executive will provide 100% funding for all the Common Police Services other than the Operational and Intelligence Group (OIG) of the Scottish Drug Enforcement Agency (SDEA), excluding the cost of seconded officers.

A copy of the Common Police Services (Scotland) Determination 2005 is enclosed.

A copy of this circular is enclosed for the information of the Director of Finance/Treasurer. Copies have also been sent to the police associations, the Convention of Scottish Local Authorities and the Accounts Commission.

Any queries concerning this circular should be addressed to Ann Tocher at the above address (direct line: 0131 244 2148).

Yours sincerely

Ann Tocher

THE COMMON POLICE SERVICES (SCOTLAND) DETERMINATION 2005

The Scottish Ministers, in exercise of the powers conferred by section 36(3)(b) of the Police (Scotland) Act 1967( [1]) and after consultation with the Joint Central Committee and such bodies or associations as appear to them to be representative of the police authorities or of chief constables or superintendents in accordance with section 36(4) of the said Act of 1967, hereby make the following determination:

Citation and commencement

1. This determination may be cited as the Common Police Services (Scotland) Determination 2005 and shall come into force on 1st April 2005.

Interpretation

2. In this determination-

"the Act" means the Police (Scotland) Act 1967;

"constituent authority" has the same meaning as in section 51(1) of the Act;

"financial year 2005-2006" means the financial year commencing on 1st April 2005;

"police authority" does not include a constituent authority;

"recoverable expenditure" means the amount of the expenditure incurred by the Scottish Ministers which is to be recovered in terms of paragraph 3;

"Statistical Return Form MKQ" means the form( [2]) in respect of each quarter of a year beginning in 2001 which was transmitted by the chief constable to the Scottish Ministers pursuant to section 47(1)(a) of the Act( [3])which is prepared in accordance with the list of crimes and offences having effect in the relevant year which is set out in Appendix 2C of the Criminal Statistics Handbook issued to police authorities and any reference to the "Statistical Return Forms MKQ for 2001, 2002 and 2003" is a reference to the aggregate of the four quarterly forms in respect of the years 2001, 2002 and 2003 respectively.

Application

3. This determination makes provision for the recovery from police authorities and joint police boards of 50 per centum of the aggregate amount of the expenditure (including Value Added Tax), incurred by the Scottish Ministers under section 36(1) of the Act in the financial year 2005-2006 in contributing by way of financial assistance, grant or otherwise, to the maintenance of the facilities and services of the Operational and Intelligence Group of the Scottish Drug Enforcement Agency other than in relation to the costs of salaries and allowances of constables seconded by Chief Constables to that Group.

Amount payable

4.-(1) The proportion of the recoverable expenditure of the Scottish Ministers which is to be paid to the Scottish Ministers by each police authority and joint police board shall be the aggregate of the amounts (including Value Added Tax) payable by that police authority or joint police board which is calculated in accordance with paragraph 5.

(2) Where the aggregate of the amounts (including Value Added Tax) payable by police authorities and joint police boards calculated in accordance with paragraph 5 is less than the sum representing the recoverable expenditure of the Scottish Ministers, the balance shall not be recoverable.

Crime formula

5. The amount to be paid by each police authority and joint police board shall be calculated in accordance with the following formula, namely-

where

E is the sum representing 50 per centum of the aggregate expenditure (including Value Added Tax) incurred by the Scottish Ministers on those items in the financial year 2005-2006.

R is the percentage figure given by the formula-

;

A is the number representing the annual average of the number of crimes occurring in-

(a) the case of a police authority (not being a constituent authority), the police area for which the relevant police force was maintained as at 31st December 2003; or

(b) the case of a joint police board, the police area or, as the case may be, combined area for which the relevant police force was maintained as at 31st December 2003,

for the period of 3 years ending on 31st December 2003 which were recorded by the police force and shown in the Statistical Return Forms MKQ for 2001, 2002 and 2003, but excluding crimes of "offending while on bail" (code 39/006 in the Scottish Executive Justice Department Classification of Crimes and Offences ( [4])) and offences specified in Groups 6 and 7 in all of those forms;

B is the number representing the annual average of the number of offences specified in Groups 6 and 7 of the Statistical Return Forms referred to in letter A above occurring in that police area for the period of 3 years ending on 31st December 2003 which were recorded by the police force and shown in those forms;

C is the aggregate number for all police forces in Scotland of the summation of the calculation made for the purposes of letter A above in respect of each such police force; and

D is the aggregate number for all police forces in Scotland of the summation of the calculation made for the purposes of letter B above in respect of each such police force.

Calculation of formula

6. Any calculation required for the purposes of this determination shall be-

(a) expressed to 4 decimal places;

(b) rounded to the nearest ten thousandth of a per centum; and

(c) any 20 thousandth of a per centum shall be rounded upwards.

This determination is subscribed as follows:-

It is signed by David Henderson

________________________________

Head of Police Division 1

Scottish Executive

at Edinburgh on March 2005

Before this witness:-

Signature of witness __________________________

Full name of witness __________________________

Address of witness __________________________

__________________________

__________________________

([1]) 1967 c.77; section 36 was substituted by section 46 of the Crime and Punishment (Scotland) Act 1997 c.48.

([2]) A copy of Form MKQ and the list of crimes and offences set out in Appendix 2C of the Criminal Statistics Handbook may be obtained free of charge from the Scottish Executive Justice Department, Criminal Statistics Unit, Branch 2, 1WR, St Andrews House, Regent Road , Edinburgh, EH1 3DG.

([3]) Section 47(1) was amended by the Police and Magistrates' Courts Act 1994 (c.28), section 62.

([4]) A copy of the Classification may be obtained free of charge from the Scottish Executive Justice Department, Criminal Statistics Unit, Branch 2, 1WR, St Andrews House, Regent Road, Edinburgh, EH1 3DG.