Creation of the Police Negotiating Board for Scotland

The principal legal basis for the PNB is the Police Act 1996.  The PNB was originally a UK-wide body but, following changes introduced by the Anti-social Behaviour, Crime and Policing Act 2014, now operates only in Scotland.  In the rest of the UK, the PNB’s functions are performed by the Police Remuneration Review Body.  The salaries of chief officers in England, Wales and Northern Ireland are dealt with separately by the Senior Salaries Review Body, which provides advice to the Prime Minister and the relevant Secretaries of State.

The position in England and Wales was informed by recommendations within the Independent Review of Police Officer and Staff Remuneration and Conditions (the Windsor Review) in 2012, which was instigated by the Home Secretary in 2010.  The review recommended that the PNB should be abolished and replaced by an independent police officer pay review body.

Following consultation with key Scottish stakeholders in 2013, Scottish Ministers decided to retain collective bargaining arrangements in Scotland through the implementation of PNBS.

 Chapter 8A of The Criminal Justice (Scotland) Act 2016 confirmed the establishment of PNBS to consider the following:

Pay, allowances and expenses

Public holidays and leave

Hours of duty

The Act also confirmed:

In relation to arbitration, that Scottish Ministers must take all reasonable steps appearing to them to be necessary for giving effect to the arbitration outcome (known as binding arbitration)

PNBS requires to prepare an annual report on how it has carried out its functions

PNBS will have a chair, which can be appointed and removed by Scottish Ministers)

PNBS consists of persons representing the Authority, the Chief Constable, officers and Scottish Ministers and representatives will be confirmed within the constitution

It is for Scottish Ministers to prepare the constitution for PNBS

These sections of the Act have yet to come into effect and in December 2022 it was confirmed that the Cabinet Secretary for Justice and Veterans has decided the legislation for PNBS should progress in 2023.  As a result, Scottish Government officials advise that they are seeking to have in place by Autumn 2023.  It has also been confirmed that there is an intention to commence certain parts of PNBS legislation to allow the commencement of the Chair appointment process in March 2023.

The Authority’s approach to the consultation response will mirror that for the Police complaints, investigations and misconduct consultation, where the response will be developed by a small team of staff being reviewed and informed by SPA members currently on the PNB - Jane Ryder (Official Side Chair), Fiona McQueen and Caroline Stuart).