|Made||7th January 2004|
|To be laid before Parliament|
|Coming into operation||8th February 2004|
|1.||Citation, commencement and application|
|4.||Members appointed before 8th February 2004|
|5.||Functions of the Chief Constable|
|6.||Restrictions on private life|
|7.||Prohibited business interests|
|9.||Discharge of probationer|
|10.||Persistent failure to report for duty|
|13.||Contents of personal records|
|14.||Personal record of member leaving the PSNI Reserve|
|17.||Rate of pay|
|20.||Deductions from pay of social security benefits and statutory sick pay|
|21.||Restriction on payment of allowances|
|22.||Restriction on payments for private employment of police|
|23.||Advances to cover expenses when away on duty|
|24.||Motor vehicle allowances|
|25.||Allowance in respect of medical charges|
|27.||Issue of uniform and equipment|
|SCHEDULE||Motor vehicle allowances|
2. - (1) In these regulations -
(2) Nothing in these regulations shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.
3. - (1) The following regulations are revoked -
(2) Without prejudice to sections 16 and 17 of the Interpretation Act 1978, any appointment, deduction, payment or application made, any approval, direction, consent, certificate or notice given, any record or list kept, any interval fixed or any other thing done under any of the regulations mentioned in paragraph (1) or for the purposes thereof shall not be invalidated by the revocations effected by that paragraph, but -
Members appointed before 8th February 2004
4. - (1) In this regulation "existing member" means any member who was appointed before 8th February 2004 on a part-time basis (other than to perform part-time service under regulation 4A of the Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) Regulations 1996).
(2) Notwithstanding their revocation, the regulations mentioned in regulation 3(1) shall continue to apply in relation to an existing member until they cease to apply in accordance with paragraph (4)(b), (5)(a) or (6)(a).
(3) The Chief Constable shall by notice in writing to each existing member -
and participation in any training required under sub-paragraph (a) shall be treated as the performance of duty for the purposes of the regulations mentioned in regulation 3(1).
(4) Where an existing member fails to comply with any requirement imposed under paragraph (3)(a) -
(5) Where an existing member complies with any requirement imposed under paragraph (3)(a), then, with effect from such date as may be specified in his case by the Chief Constable -
(6) Where notice is given to an existing member under paragraph (3)(b), then with effect from such date as may be specified in the notice -
Functions of the Chief Constable
5. - (1) Any power conferred on the Chief Constable by these regulations to make provision by -
includes power to make different provision for different purposes, cases and circumstances.
(2) The Chief Constable may designate a police officer or member of the police support staff for the purposes of this regulation and, subject to paragraph (3), may delegate any function under these regulations to a person so designated.
(3) Any function of the Chief Constable under regulation 4(4)(a), 7(6), 9(1), 10(3), (6) to (9) or 11(1), (2) or (5) may be delegated only to -
and the Board shall send to the member concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.
(5) Where a member has appealed to the Board under paragraph (3) the Board shall give him notice of its determination of the appeal within 28 days of -
(6) Where a member has been given notice under paragraph (1), and either -
then the Chief Constable may dispense with the services of that member.
(7) A member whose services are dispensed with under this regulation shall be entitled to receive a month's notice.
(8) Any reference in this regulation to a relative included in a member's family shall include a reference to his spouse, parent, son, daughter, brother or sister.
8. - (1) Subject to paragraphs (2) and (3), a member shall be on probation for 2 years from the date of his first appointment as a member.
(2) At the discretion of the Chief Constable, service -
may count towards the period of probation.
(3) If, in the opinion of the Chief Constable, the period of probation of a member was seriously interrupted by a period of absence from duty, the Chief Constable may, at his discretion, extend the period of probation for such longer period, not exceeding 12 months, as he determines in the circumstances of the particular case.
Discharge of probationer
9. - (1) Subject to the provisions of this regulation, during his period of probation in the Police Service of Northern Ireland Reserve the services of a member may be dispensed with at any time if the Chief Constable considers that he -
(2) A member whose services are dispensed with under this regulation shall be entitled to receive a month's notice.
(3) A member's services shall not be dispensed with in accordance with this regulation, and any notice given for the purposes thereof shall cease to have effect, if he gives written notice to the Chief Constable of his intention to retire and retires in pursuance of the said notice on or before the date on which his services would otherwise be dispensed with; and such a notice taking effect on that date shall be accepted by the Chief Constable notwithstanding that less than a month's notice is given.
Persistent failure to report for duty
10. - (1) The appropriate officer may dismiss a member whose persistent failure to report for duty is unacceptable.
(2) In this regulation "the appropriate officer" means, in relation to a member -
(3) For the purposes of paragraph (1) failure to report for duty -
(4) No period falling within a member's period of probation shall be taken into account for the purposes of paragraph (1).
(5) Where the appropriate officer dismisses a member under paragraph (1), he shall give the member one month's written notice.
(6) A member who is dismissed under paragraph (1) may appeal to the Chief Constable against the dismissal by sending written notice of appeal to the Chief Constable within -
and where notice of appeal is so given, the dismissal shall not take effect until notice of the decision on the appeal is given to the member under paragraph (9).
(7) The Chief Constable shall, on receipt of a notice of appeal under paragraph (6), require the appropriate officer to submit to him, within the next following 10 days -
(8) Where the Chief Constable receives a notice or copies of any documents under paragraph (7), he shall send copies of them to the member, and shall afford the member a reasonable opportunity, being in no case less than 14 days, to comment thereon.
(9) Where a member has appealed under paragraph (6) the Chief Constable shall give him notice of his decision on the appeal within 28 days of -
11. - (1) Where, following an examination by an approved medical practitioner, the Chief Constable considers that a member is not fit, physically or mentally, to be a reserve constable, the Chief Constable may dismiss the member.
(2) The Chief Constable may dismiss a member who refuses, without reasonable excuse, to undergo a medical examination by an approved medical practitioner.
(3) Any reference in paragraph (1) or (2) to an approved medical practitioner is to a medical practitioner appointed or approved by the Chief Constable.
(4) Paragraphs (1) and (2) shall not apply in relation to any member who has not yet completed his period of probation.
(5) Where the Chief Constable dismisses a member under paragraph (1) or (2), he shall give the member one month's written notice.
12. - (1) Retirement shall be compulsory on attaining the age of 65 years.
(2) The Chief Constable may require a member to retire on such date as he may specify on the grounds that he is disabled to such an extent that he is unable to perform the ordinary duties of a member and the disablement is likely to be permanent.
(3) Without prejudice to paragraphs (1) and (2) or the Conduct Regulations, but subject to paragraph (4), a member may retire only if he has given a month's written notice of his intention to retire or such shorter notice as may have been accepted by the Chief Constable.
(4) A member who is suspended under the Conduct Regulations may not, without the consent of the Chief Constable, give notice for the purposes of paragraph (3) or retire in pursuance of a notice previously given.
Contents of personal records
13. - (1) The Chief Constable shall cause a personal record of each member to be kept.
(2) The personal record shall contain -
(3) Particulars of a punishment shall be expunged from the personal record of a member -
but in the case of a period free from punishment other than a caution which expired before 1st July 1989, only if the member so requests.
(4) A member shall, if he so requests, be entitled to inspect his personal record.
Personal record of member leaving the PSNI Reserve
14. - (1) Where a member ceases to be a member he shall, on request, be given a certificate setting out the period of his service as a reserve constable and any period of service as a police reserve trainee.
(2) Where a member ceases to be a member his personal record shall be kept for such time as the Chief Constable may think fit and shall then be destroyed.
15. - (1) Every member shall, in accordance with the directions of the Chief Constable, have his fingerprints taken.
(2) Fingerprints of members taken in accordance with paragraph (1) shall be kept separate from the fingerprints of persons whose fingerprints have been taken otherwise than in accordance with that paragraph.
(3) The fingerprints of a member taken in accordance with paragraph (1) and all copies and records thereof shall be destroyed on his ceasing to be a member.
at such times as the Chief Constable may require and in accordance with any directions which he may issue.
(5) In the case of a member to whom these regulations apply with effect from a date specified under regulation 4(5), the Chief Constable may, for the purposes of this regulation, treat training parades attended, or patrol duty performed, before that date as duty performed on or after that date.
(6) The Chief Constable may at any time direct members to perform periods of duty in excess of those that may be required under paragraph (4).
(7) In this regulation -
Rate of pay
17. - (1) The pay of members shall be determined by the Secretary of State.
(2) A determination under paragraph (1) may be made with retrospective effect to any date specified in the determination, but nothing in this paragraph shall be construed as authorising the pay payable to any person to be reduced retrospectively.
(3) A determination under paragraph (1) may make different provision for different cases and circumstances.
18. - (1) Members shall be paid at such intervals as the Chief Constable may fix.
(2) In fixing intervals under paragraph (1) the Chief Constable shall have regard to the wishes of members.
(3) The Chief Constable may, if he thinks fit, pay to a member such part of his pay as he may determine in advance of the day on which it would otherwise be due to be paid in accordance with this regulation.
19. - (1) Where a member loses remuneration in his private employment in consequence of an injury received in the execution of his duty as a member, he shall be entitled to an allowance by way of sick pay as hereinafter provided.
(2) Except where the Secretary of State, at the request of the Chief Constable, determines otherwise in specific cases, the sick pay shall be payable for so long as the member continues to lose remuneration or for a period of 26 weeks, whichever is the less; and, subject to regulation 20, the rate thereof shall be whichever is the lower of the following rates, that is to say -
Deductions from pay of social security benefits and statutory sick pay
20. - (1) There shall be deducted from the pay of a member -
and for the purposes of sub-paragraph (a) any increase for adult and child dependants shall be treated as forming part of the benefit or allowance to which it relates.
(2) For the purposes of this regulation, a woman member who, as a married woman or widow, has elected to pay contributions under section 19 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 at the reduced rate shall be deemed to be entitled to any social security benefits mentioned in paragraph (1) to which she would have been entitled had she not elected to contribute at the reduced rate.
that the member in question should, at all material times, have a motor vehicle at his disposal, he may authorise that member to use (subject to his directions) a motor vehicle owned by the member for the purposes of duties performed by him and, subject as hereinafter provided, in respect of such use the member shall be paid a motor vehicle allowance.
(2) A motor vehicle allowance shall not be payable in respect of the authorised use of a motor vehicle unless there was in force, in relation thereto, a policy of insurance in terms approved by the Chief Constable, in relation to the use in question, for the purposes hereof.
(3) A motor vehicle allowance shall not be payable in respect of the authorised use of a motor car of a cylinder capacity exceeding 500 c.c. unless the member concerned was willing to carry passengers for the purposes of the duties performed by him or, in the case of passengers being members or members of any police force, by those members.
(4) A motor vehicle allowance in respect of the authorised use of a motor car of a cylinder capacity exceeding 500 c.c. shall, subject as aforesaid, be payable -
as provided in the Schedule.
(5) A motor vehicle allowance in respect of the authorised use of -
shall, subject as aforesaid, be payable on such conditions and at such rate as is approved by the Secretary of State.
(6) Paragraph 1 of the Schedule shall have effect for the purposes of the interpretation of this regulation.
Allowance in respect of medical charges
25. - (1) A member, if the charges are incurred by reason of an injury received without his default in the execution of his duty as a member, shall be reimbursed the normal standard charges incurred in his case under Articles 5, 61, 62, 63 and 98 of the Health and Personal Social Services (Northern Ireland) Order 1972 (which Articles relate to charges for certain drugs, medicines appliances and dental treatment).
(2) Where charges such as are mentioned in paragraph (1) are incurred by a member by reason of an injury received by him during a period of service as a police reserve trainee, the member-
26. A member claiming any allowance under this Part shall comply with such directions as may be given by the Board or the Chief Constable from time to time as to the time and manner of claiming and certification.
and a reference to a motor vehicle owned by a member is a reference to such a vehicle kept and used by him.
2. - (1) Subject as hereinafter provided, the amount of a motor vehicle allowance payable at the essential user's rate shall, in any year, comprise a fixed element and a mileage element, calculated as provided in sub-paragraphs (2) and (3).
(2) The fixed element shall be calculated by reference to the number of completed months comprised in the period of authorised use for the year in question, at such annual rate as is specified by the Secretary of State by reference to the cylinder capacity of the motor car in question.
(3) The mileage element shall be calculated, in relation to authorised use, at such rate as is specified by the Secretary of State by reference to the cylinder capacity of the motor car in question, and for that purpose he may so specify -
(4) Where, in any year, a motor vehicle allowance is payable at the essential user's rate, it shall be payable in such instalments, in advance or in arrear, as the Chief Constable may determine; but when the amount of the allowance for that year is finally calculated, any overpayment shall be recoverable.
(5) Where, in any year, a motor vehicle allowance is payable at the essential user's rate to a member and -
for a continuous period of four or more weeks in that year, the allowance shall be reduced by such amount as the Chief Constable determines as being appropriate in all the circumstances.
(6) Where, in any year, a motor vehicle allowance is payable at the essential user's rate but the period of authorised use is a fraction only of that year, sub-paragraph (3) shall have effect as if for the reference to the basic mileage there were substituted a reference to the corresponding fraction of that mileage; and, for the purposes of this paragraph, the monthly rate of the fixed element of such an allowance so payable shall be taken to be a twelfth of the annual rate.
3. The amount of a motor vehicle allowance payable at the casual user's rate shall, in any year, be an amount calculated, in relation to the mileage of authorised use in that year, at such rate as is specified by the Secretary of State by reference to that mileage and the cylinder capacity of the motor car in question, except that where the amount of the allowance would be less if it were calculated at the essential user's rate, it shall be of an amount calculated in accordance with paragraph 2.
4. The amount of a motor vehicle allowance payable to a member shall not exceed that which would be payable if the vehicle in question were of such a cylinder capacity, not being less than 1,000 c.c., as the Chief Constable has determined appropriate for use for the purposes of the duties normally performed by the member concerned.
 S.R. 2001 No. 140. Regulation 2A was inserted by the Police (Recruitment) (Northern Ireland) (Amendment) Regulations 2004 (S.R. 2004 No. 1). Other amendments have been made by S.R. 2002 No. 385 and S.R. 2003 No. 372back