PART IGENERAL

Citation and operation

1. These Regulations may be cited as the Police Regulations 1987 and shall come into force on 15th June 1987.

Revocations

2. The Regulations set out in Schedule 1 are hereby revoked.

References to transfers

3.-(1) Except where the context otherwise requires, a reference in these Regulations to a member of a police force voluntarily transferring from one force to another shall be construed as a reference to such a member leaving a force for the purpose of joining another force and joining that other force, where-

(a)he left the force first mentioned in this regulation on or after 1st January 1963 for the purposes aforesaid with, in the case of the chief officer of police, the consent of the police authority;

(b)he left the force first mentioned in this regulation before 1st January 1963 for the purposes aforesaid with the written consent of the chief officer of police.

(2) Except where the context otherwise requires, a reference in these Regulations to a member of a police force being statutorily transferred from one force to another shall be construed as a reference to such a member being transferred-

(a)by or under the Local Government Act 1933(4), the Police Act 1946(5), the Local Government Act 1958(6), the London Government Act 1963(7), the Police Act 1964, or the Local Government Act 1972(8),

(b)in the case of a person who was a member of the River Tyne police force, under the Harbours Act 1964(9).

(3) Except where the context otherwise requires, a reference in these Regulations to a member of a police force transferring from one force to another shall be construed as a reference to his either voluntarily so transferring or being statutorily so transferred.

References to provisions of these Regulations

4. In these Regulations, unless the context otherwise requires, a reference to a regulation shall be construed as a reference to a regulation contained in these Regulations, a reference to a Schedule shall be construed as a reference to a Schedule to these Regulations, a reference to a paragraph shall be construed as a reference to a paragraph in the same regulation or, as the case may be, the same Part of the same Schedule and a reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph.

Meanings assigned to certain expressions, etc.

5.-(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:-

"central police officer" has the same meaning as in the Police Pensions Regulations;

"Discipline Regulations" means the regulations relating to discipline from time to time in force under section 33 of the Police Act 1964 and sections 94(5), 101 and 102 of the Police and Criminal Evidence Act 1984(10);

"inspector" includes chief inspector;

"overseas policeman" has the same meaning as in the Police Pensions Regulations;

"pensionable service" has the same meaning as in the Police Pensions Regulations;

"Police Pensions Regulations" means the regulations from time to time in force under the Police Pensions Act 1976(11);

"Promotion Regulations" means the regulations relating to qualification and selection for promotion from time to time in force under section 33 of the Police Act 1964;

"public holiday" means Christmas Day, Good Friday or a bank holiday;

"reversionary member of a home police force" has the same meaning as in the Police Pensions Regulations;

"rostered rest day" has the meaning assigned thereto by regulation 27(1);

"superintendent" includes chief superintendent;

"university scholar" and, in relation to such a scholar, "course" and "study" have the meanings respectively assigned to them in paragraph 1 of Schedule 4.

(2) In these Regulations, unless the context otherwise requires, a reference to a police force shall include a reference to the Royal Ulster Constabulary and a police force maintained under the Police (Scotland) Act 1967(12), so however that nothing in these Regulations shall be construed as relating to the government, administration or conditions of service of the Royal Ulster Constabulary or such a force.

(3) In these Regulations a reference to an aerodrome constabulary is a reference to such a constabulary within the meaning of the Aviation Security Act 1982(13); and a reference to a rank in such a constabulary corresponding to a rank in a police force is a reference to a rank in that constabulary designated for the purposes hereof by the Secretary of State as the rank corresponding to the rank in question.

(4) Nothing in these Regulations shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

Modification of Regulations in relation to metropolitan police force

6.-(1) All payments required to be made under these Regulations by the Secretary of State as police authority for the metropolitan police district shall be paid out of the metropolitan police fund.

(2) Any reference to a police authority in a provision of these Regulations concerned with property shall in relation to the metropolitan police force be construed as including a reference to the Receiver for the metropolitan police district.

PART IIGOVERNMENT

ORGANISATION

Authorised establishment

7. The authorised establishment of the several ranks of a police force and any changes thereto shall be subject to the approval of the Secretary of State and shall be sufficient to provide for the carrying out of police duties under responsible supervision in each tour of duty.

Ranks

8.-(1) The ranks of a police force shall be known by the following designations:-

• Chief Constable.

• Deputy Chief Constable.

• Assistant Chief Constable or Commander.

• Chief Superintendent.

• Superintendent.

• Chief Inspector.

• Inspector.

• Sergeant.

• Constable.

(2) Notwithstanding anything in paragraph (1), in the metropolitan police force ranks other than those specified in that paragraph may be adopted with the approval of the Secretary of State.

Beats, sections, sub-divisions and divisions

9. The area to which a constable is assigned for duty either generally or for a particular period of hours shall be known as a beat; a number of beats grouped for supervision by a sergeant or an inspector shall be known as a section; a number of sections grouped for supervision by an inspector, chief inspector or superintendent shall be known as a sub-division; a number of sections or sub-divisions grouped for supervision by a chief superintendent shall be known as a division.

Restrictions on the private life of members

10. The restrictions on private life contained in Schedule 2 shall apply to all members of a police force; and no restrictions other than those designed to secure the proper exercise of the functions of a constable shall be imposed by the police authority or the chief officer of police on the private life of members of a police force except such as may temporarily be necessary or such as may be approved by the Secretary of State after consultation with the Police Advisory Board for England and Wales, and any such restriction temporarily imposed shall be reported forthwith to the Secretary of State.

Business interests incompatible with membership of a police force

11.-(1) If a member of a police force or a relative included in his family proposes to have, or has, a business interest within the meaning of this regulation, the member shall forthwith give written notice of that interest to the chief officer of police unless that business interest was disclosed at the time of his appointment as a member of the force.

(2) On receipt of a notice given under paragraph (1), the chief officer of police shall determine whether or not the interest in question is compatible with the member concerned remaining a member of the force and shall notify the member in writing of his decision.

(3) Within 10 days of being notified of the chief officer's decision as aforesaid, or within such longer period as the police authority may in all the circumstances allow, the member concerned may appeal to the police authority against that decision by sending written notice of his appeal to the police authority.

(4) Upon receipt of such notice, the police authority shall send to the member concerned copies of any documents submitted to them by the chief officer of police setting out the matters on which he relies in support of his decision and shall afford the member concerned a reasonable opportunity to comment thereon.

(5) Where a member of a police force has appealed to the police authority under paragraph (3) the police authority shall give him written notice of their determination of the appeal but, where they have upheld the decision of the chief officer of police and, within 10 days of being so notified or within such longer period as the police authority may in all the circumstances allow, the member makes written request to the police authority for the reference of the matter to the Secretary of State, the matter shall be so referred and, unless and until the determination of the police authority is confirmed by the Secretary of State, it shall be of no effect and in particular, no action in pursuance thereof shall be taken under paragraph (6).

(6) Where a member of a police force, or a relative included in his family, has a business interest within the meaning of this regulation which the chief officer of police has determined, under paragraph (2), to be incompatible with his remaining a member of the force and either the member has not appealed against that decision under paragraph (3) or, subject to paragraph (5), on such appeal, the police authority has upheld that decision, then, the chief officer of police may, subject to the approval of the police authority, dispense with the services of that member; and before giving such approval, the police authority shall give the member concerned an opportunity to make representations and shall consider any representations so made.

(7) For the purposes of this regulation, a member of a police force or, as the case may be, a relative included in his family, shall have a business interest if-

(a)the member holds any office or employment for hire or gain (otherwise than as a member of a police force) or carries on any business;

(b)a shop is kept or a like business carried on by the member's spouse (not being separated from him) at any premises in the area of the police force in question or by any relative included in his family at the premises at which he resides; or

(c)the member, his spouse (not being separated from him) or any relative included in his family living with him holds, or possesses a pecuniary interest in, any such licence or permit as is mentioned in paragraph (8);

and a reference to a relative included in a member's family shall include a reference to his spouse, parent, son, daughter, brother or sister.

(8) The licence or permit referred to in paragraph (7)(c) is a licence or permit granted in pursuance of the law relating to liquor licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question.

(9) If a member of a police force or a relative included in his family has a business interest within the meaning of this regulation and, on that interest being notified or disclosed as mentioned in paragraph (1), the chief officer of police has, by written notice, required the member to furnish particulars of such changes in that interest, as respects its nature, extent or otherwise, as may be mentioned in the notice then, in the event of any such change in that interest being proposed or occurring, this regulation shall have effect as though the changed interest were a newly proposed, or newly acquired, interest which has not been notified or disclosed as aforesaid.

(10) In its application to a chief constable, deputy chief constable or assistant chief constable, this regulation shall have effect as if-

(a)for any reference therein to the chief officer of police there were substituted a reference to the police authority;

(b)for any reference in paragraph (3), (5) or (6) to an appeal there were substituted a reference to a request for reconsideration; and

(c)the references in paragraph (6) to the approval of the police authority were omitted;

but a police authority shall not dispense with the services of a chief constable, deputy chief constable or assistant chief constable under this regulation without giving him an opportunity of making representations and shall consider any representations so made.

(11) In its application to a member of the metropolitan police force, this regulation shall have effect as if-

(a)for any reference to the chief officer of police there were substituted a reference to an assistant commissioner of police of the metropolis; and

(b)for any reference to the police authority there were substituted a reference to the commissioner of police of the metropolis;

except that nothing in this paragraph shall affect the power of the commissioner of police, subject to the approval of the police authority, to dispense with the services of a member of the metropolitan police force in pursuance of paragraph (6).

APPOINTMENT, PROBATION AND RETIREMENT

Business interests precluding appointment to a police force

12.-(1) Save in so far as the chief officer of police may allow at the request of the candidate concerned, a person shall not be eligible for appointment to a police force if he or a relative included in his family has a business interest within the meaning of regulation 11, and paragraphs (7) and (8) thereof shall apply for the purposes of the interpretation of this regulation as they apply for the purposes of that regulation.

(2) In its application to a candidate for appointment as chief officer of police or in the rank of deputy chief constable or assistant chief constable, paragraph (1) shall have effect as if for any reference to the chief officer of police there were substituted a reference to the police authority.

Qualifications for appointment to a police force

13.-(1) A candidate for appointment to a police force-

(a)must produce satisfactory references as to character, and, if he has served in any police force, in the armed forces, in the civil service or as a seaman, produce satisfactory proof of his good conduct while so serving;

(b)must have attained the age of 18 years 6 months and, unless he has previous service as a member of a police force or by reason of other experience or his personal qualities is specially suitable for appointment, must not have attained the age of 30 years or, if he has previous wholetime service in the armed forces or previous service as a seaman, 40 years;

(c)must be certified by a registered medical practitioner approved by the police authority to be in good health, of sound constitution and fitted both physically and mentally to perform the duties on which he will be employed after appointment;

(d)must, if a candidate for appointment in the rank of constable-

(i)unless the chief officer of police otherwise decides, be not less in height than, in the case of a man, 172 cms, or in the case of a woman, 162 cms, and

(ii)satisfy the chief officer of police that he is sufficiently educated by passing a written or oral examination in reading, writing and simple arithmetic, or an examination of a higher standard, as may be prescribed by the chief officer of police;

(e)must, if a candidate for appointment in the rank of sergeant or inspector, be qualified for promotion to such rank in accordance with the provisions of the Promotion Regulations;

(f)must give such information as may be required as to his previous history or employment or any other matter relating to his appointment to the police force;

(g)shall be given a notice in terms approved by the Secretary of State drawing attention to the conditions of service contained therein.

(2) For the purposes of this regulation-

(a)the expression "armed forces" means the naval, military or air forces of the Crown including any women's service administered by the Defence Council, and

(b)the expression "seaman" has the same meaning as in the Merchant Shipping Act 1894(14).

Appointment of chief constable

14. Every appointment to the office of chief constable shall be subject to the approval of the Secretary of State, and, without prejudice to regulations 12 and 13, no person shall be appointed to such a post in a police force unless he has at least 2 years' experience in some other force in the rank of superintendent or a higher rank.

Appointment of deputy chief constable

15. Every appointment to the rank of deputy chief constable shall be subject to the approval of the Secretary of State, and, without prejudice to regulations 12 and 13, no person shall be appointed to such a rank in a police force unless he has at least 2 years' experience in some other force in the rank of superintendent or a higher rank.

Probationary service in the rank of constable

16.-(1) This regulation shall apply to a member of a police force appointed in the rank of constable other than such a member who transferred to the force from another police force, having completed the required period of probation therein.

(2) A member of a police force to whom this regulation applies shall, unless paragraph (3) applies to his case, be on probation for the first 2 years of his service as a constable in that police force following his last appointment thereto or for such longer period as the chief officer of police, with the approval of the Secretary of State, determines in the circumstances of a particular case:

• Provided that where, in the opinion of the chief officer of police, the said period of probation was seriously interrupted by a period of absence from duty by reason of injury or illness, the chief officer of police may at his discretion extend the period of probation for such longer period not exceeding 12 months as he determines in the circumstances of that particular case.

(3) A member of a police force to whom this regulation applies who has served on probation for a period of not less than a year following a previous appointment to that or any other police force shall be on probation for the first year of his service as a constable in the police force first mentioned in this paragraph following his last appointment thereto or for such longer period as the chief officer of police, with the approval of the Secretary of State, determines in the circumstances of a particular case:

• Provided that the chief officer of police may at his discretion-

  (a)

  reduce the period of probation, so however that the reduced period, when aggregated with the previous period of probation, shall not be less than 2 years, or

  (b)

  dispense with the period of probation, if the member, following his previous appointment, completed the required period of probation in the force in question.

(4) For the purposes of this regulation-

(a)in reckoning service, any period of unpaid leave shall be disregarded;

(b)in the case of a university scholar, in reckoning service his period of study shall be disregarded;

(c)in the case of a member who has been statutorily transferred from one force to some other force, his service in those two forces shall be treated as if it were service in the same police force;

(d)in the case of a member of a police force who has been transferred thereto from an aerodrome constabulary by an order under section 30 of the Aviation Security Act 1982, his service in that constabulary shall be treated as if it were service in that police force.

Discharge of probationer

17.-(1) Subject to the provisions of this regulation, during his period of probation in the force the services of a constable may be dispensed with at any time if the chief officer of police considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to become an efficient or well conducted constable.

(2) A constable whose services are dispensed with under this regulation shall be entitled to receive a month's pay in lieu thereof.

(3) A constable'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 police authority 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 police authority notwithstanding that less than a month's notice is given.

(4) Where a constable has received a notice under this regulation that his services are to be dispensed with and he gives written notice of his intention to retire and retires under paragraph (3), he shall nevertheless be entitled to receive pay up to and until the date on which the month's notice he has received would have expired or where he has received or is due to receive a month's pay in lieu of notice he shall remain entitled to that pay notwithstanding the notice he has given under paragraph (3).

Retirement

18.-(1) Without prejudice to the provisions mentioned in paragraph (3), a member of a police force may retire only if he has given to the police authority a month's written notice of his intention to retire or such shorter notice as may have been accepted by that authority:

• Provided that, while suspended under the Discipline Regulations, a member may not, without the consent of the chief officer of police, give notice for the purposes of this regulation or retire in pursuance of a notice previously given.

(2) In the case of a chief officer of police, deputy chief constable or assistant chief constable, the preceding paragraph shall have effect as if for the reference to the chief officer of police there were substituted a reference to the police authority.

(3) The provisions referred to in paragraph (1) are-

(a)the provisions of sections 5 and 6 of the Police Act 1964 relating to retirement in the interests of efficiency;

(b)the provisions of section 58(3) of the Police Act 1964 relating to the retirement of chief constables affected by amalgamations or local government reorganisation;

(c)the provisions of the Police Pensions Regulations relating to compulsory retirement, and

(d)the provisions of the Discipline Regulations relating to resignation as an alternative to dismissal.

PERSONAL RECORDS

Contents of personal records

19.-(1) The chief officer of police shall cause a personal record of each member of the police force to be kept.

(2) The personal record shall contain-

(a)a personal description of the member;

(b)particulars of the member's place and date of birth;

(c)particulars of his marriage (if any) and of his children (if any);

(d)a record of his service (if any) in any branch of Her Majesty's naval, military or air forces or in the civil service;

(e)a record of his service (if any) in any other police force and of his transfers (if any) from one police force to another;

(f)a record of whether he passed or failed to pass any qualifying examination at which he was a candidate;

(g)a record of his service in the police force including particulars of all promotions, postings, removals, injuries received, periods of illness, commendations, rewards, punishments other than cautions, and the date of his ceasing to be a member of the police force with the reason, cause or manner thereof:

• Provided that, if the member so requests-

  (i)

  a punishment of a fine or of a reprimand shall be expunged after 3 years free from punishment other than a caution;

  (ii)

  any other punishment shall be expunged after 5 years free from punishment other than a caution.

(3) A member of a police force shall, if he so requests, be entitled to inspect his personal record.

Transfer of personal records

20. Where a member of a police force transfers to another police force his personal record shall be transferred to the chief officer of police of that other police force.

Personal record of member leaving force

21.-(1) Where a member of a police force ceases to be a member of that police force the member shall, unless he transfers to another police force, be given a certificate showing his rank and setting out the period of his service in that police force and in any other police force and the reason, cause or manner of his leaving the force:

• Provided that, where the member was required to resign or was dismissed, the certificate shall not contain any description of the circumstances in which he was required to resign or was dismissed.

(2) The chief officer of police may append to the certificate any recommendation which he feels justified in giving, such as that-

• his conduct was exemplary;

• his conduct was very good;

• his conduct was good.

(3) Where a member of a police force ceases to be a member of that police force, otherwise than by transferring to another police force, his personal record shall be kept for such time as the chief of police may think fit and shall then be destroyed.

Fingerprints

22.-(1) Every member of a police force shall in accordance with the directions of the chief officer of police have his fingerprints taken.

(2) Fingerprints of members of a police force 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 of a police force taken in accordance with paragraph (1) and all copies and records thereof shall be destroyed on his ceasing to be a member of that force, except that, where by reason of a statutory transfer he becomes a member of another force, his fingerprints and all copies and records thereof shall be transferred to the chief officer of police of that other police force.

PART IIIDUTY, OVERTIME AND LEAVE

Duty to carry out lawful orders

23. Every member of a police force shall carry out all lawful orders and shall at all times punctually and promptly perform all appointed duties and attend to all matters within the scope of his office as a constable.

Limitations on duties to be assigned to members statutorily transferred

24.-(1) Where a member of a police force has previously served in a police force for an area comprised in whole or in part in the area for which his present force is maintained and he ceased to be a member of his former force and became a member of his present force by reason only of one or more such statutory transfers as are mentioned in paragraph (2), then, subject to paragraph (3), he shall not be assigned to duties which, in the opinion of the Secretary of State, make it necessary for him to move his home to a place which is outside the area for which his former force was maintained.

(2) In paragraph (1) the reference to a statutory transfer is a reference to a statutory transfer being-

(a)a transfer in accordance with the provisions of an amalgamation scheme under the Police Act 1964, or

(b)a transfer taking effect on 1st April 1974,

except that where the former force was a police force for a borough, the said reference is to any statutory transfer.

(3) Paragraph (1) shall not apply to a person by reason of his previous service in a particular police force if-

(a)since he became a member of that police force he has been a chief officer of police, or

(b)after he was statutorily transferred from that police force he has given written notice to the chief officer of the police force of which he was at the time a member that the protection accorded by paragraph (1) should cease to apply to him, or

(c)that force was a county or combined police force and after he was statutorily transferred therefrom but before 1st February 1968 he was assigned to such duties as are mentioned in paragraph (1),

without prejudice, however, to the application of paragraph (1) to him by reason of service in another police force after his statutory transfer from the force first mentioned in this paragraph and before his statutory transfer to his present force.

(4) Paragraph (1) shall apply in the case of a member of a police force who ceased to be such and became a serviceman, a reversionary member of a home police force or a central police officer-

(a)where on ceasing to be such, he resumed service in, or, as the case may be, exercised his right of reversion to, his former force, as if he had not ceased to be a member of that force, or

(b)where on ceasing to be such, he resumed service in, or, as the case may be, exercised his right of reversion to some other force to which members of his former force had been transferred as mentioned in paragraph (2), as if he had been so transferred from his former force to that other force.

(5) In this regulation the expressions "present force" and "former force" mean, respectively, the force first mentioned and that secondly mentioned in paragraph (1).

Work not required to be performed

25. A member of a police force shall not be required to perform-

(a)the regular duty of cleaning or any part of the cleaning of a particular police station which the Secretary of State has directed is not a duty which the police may be required to perform;

(b)any other work not connected with police duty which, in the opinion of the Secretary of State, the police may not properly be required to perform.

Normal daily period of duty

26.-(1) This regulation shall apply to every member of a police force below the rank of superintendent who is not assigned to duties which the Secretary of State has specially excepted from the provisions of this regulation.

(2) The normal daily period of duty (including the period of refreshment referred to in paragraph (3)) of a member of a police force to whom this regulation applies shall be 8 hours.

(3) As far as the exigencies of duty permit-

(a)the normal daily period of duty shall be performed in one tour of duty; and

(b)subject to paragraph 4 of Schedule 3, an interval of 45 minutes shall be allowed for refreshment.

(4) Where a member is required to perform his normal daily period of duty in more than one tour of duty and does not travel to and from his home between tours, an interval for refreshment and rest shall normally be included at the beginning or end of one of those tours.

(5) In this Part of these Regulations, the expression "day", in relation to members of a police force, means a period of 24 hours commencing at such time or times as the chief officer shall fix and the chief officer may fix different times in relation to different groups of members.

(6) In discharging his functions under paragraph (5), the chief officer shall have regard to the wishes of the joint branch board.

Rostering of duties

27.-(1) A chief officer shall cause to be published, in accordance with this regulation, annual duty rosters for members of his force below the rank of superintendent and in these Regulations-

(a)a reference to a rostered rest day is to be construed, in relation to a member of a police force who is required to do duty on that day, as a reference to a day which according to the duty roster was, immediately before he was so required to do duty, to have been a rest day for the member; and

(b)a day off granted in lieu of a rostered rest day shall be treated as a rostered rest day.

(2) Each such roster shall be published at intervals not exceeding 12 months and not later than one month before the date on which it is to come into force.

(3) Each such roster shall set out, for the 12 months following the date on which it comes into force, in relation to each member of the force to which it relates-

(a)his rest days;

(b)those days, being public holidays, on which he may be required to do duty; and

(c)the times at which his scheduled daily periods of duty are to begin and end.

(4) Subject to paragraph (5), a duty roster shall make provision for-

(a)an interval of not less than 8 hours between the ending of each of a member's daily periods of duty and the beginning of the next; and

(b)an interval between each of his rostered rest days not exceeding 7 days;

unless the joint branch board agrees otherwise.

(5) Where, owing to the exigencies of duty, it is necessary to alter a duty roster, the officer responsible for making the alteration shall endeavour, so far as practicable, to avoid thereby requiring a member to do an additional daily period of duty such that the condition in paragraph (4)(a) would not be satisfied in relation thereto.

Overtime

28.-(1) Subject to, and in accordance with, the provisions of this regulation a member of a police force shall be compensated in respect of time for which he remains on duty after his tour of duty ends or is recalled between two tours of duty (hereafter in these Regulations referred to as "overtime").

(2) Such a member shall not be compensated under this regulation for overtime for which he receives an allowance or time off under regulation 29 or 67.

(3) A member of a police force to whom regulation 26 applies shall, subject to paragraph (6), be granted an allowance in respect of each week at the rate of a twenty-fourth of a day's pay for each completed period of 15 minutes of overtime worked by him on any occasion during that week.

(4) Where such a member, before the expiry of any pay period, elects in respect of specified overtime worked by him during the weeks ending within that period, to be granted in lieu of an allowance time off subject to and in accordance with paragraph (5), and in accordance therewith receives time off in respect of any overtime, no allowance in respect thereof shall be payable under paragraph (3).

(5) Subject to the exigencies of duty, where by virtue of an election under the foregoing paragraphs time off falls to be granted to a member in respect of any overtime worked by him in any week then, within such time (not exceeding 3 months) after that week as the chief officer of police may fix, he shall grant to the member time off equal, subject to paragraph (6), to the period of that overtime worked by him during that week and, in addition, for each completed 45 minutes of such overtime, an additional 15 minutes off.

(6) For the purposes of paragraphs (3) and (5), no account shall be taken of any period of less than 30 minutes of overtime worked on any occasion other than a period of 15 minutes of overtime in respect of which the member was informed at the commencement of his tour that he would be required to remain on duty after his tour ended.

(7) In computing any period of overtime for the purposes of this regulation-

(a)where the member is engaged in casual escort duty, account shall be taken only of-

(i)time during which he is in charge of the person under escort,

(ii)such other time as is necessarily spent in travelling to or from the place where the member is to take charge of, or hand over, the person under escort, as the case may be, and

(iii)any other time that may be allowed by the chief officer of police, so however that, if the member is so engaged overnight and has proper sleeping accommodation, whether in a train or otherwise, the chief officer of police may exclude such period not exceeding eight hours, during which the member is not in charge of the person under escort as he considers appropriate in the circumstances;

(b)where the tour or tours of duty does not or do not amount in the aggregate to more than the normal daily period of duty, no account shall be taken of any overtime except so much as together with the tour or tours of duty exceeds the normal daily period of duty; and

(c)where a member is recalled to duty between two rostered tours of duty and is entitled to reckon less than 4 hours of overtime in respect of any period for which he is recalled, disregarding any overtime reckonable by virtue of regulation 31 (travelling time treated as duty), he shall be deemed to have worked for such period 4 hours overtime in addition to any overtime reckonable by virtue of regulation 31.

(8) For the purposes of this regulation the following expressions have the meanings hereby respectively assigned to them, that is to say:-

"a day's pay" means the member's pay for the week in question divided by 5; "member recalled to duty" does not include a member who is only warned to be in readiness for duty if required;

"pay period" means the period for which, in pursuance of regulation 46, a member is paid;

"week" means the period of 7 days beginning with such day as is fixed by the chief officer of police.

Public holidays and rest days for lower ranks

29.-(1) This regulation shall apply to every member of a police force below the rank of superintendent.

(2) Subject to the following provisions of this regulation, a member shall, so far as the exigencies of duty permit, be allowed a day's leave on each public holiday and be granted rest days at the rate of two rest days in respect of each week.

(3) A member shall, if required to do duty on a day which is a rostered rest day, be granted-

(a)where he receives less than 8 days' notice of the requirement, an allowance at the appropriate rate and, in addition, another rest day in lieu thereof, which shall be notified to him within 4 days of notification of the requirement;

(b)where he receives at least 8 but less than 29 days' notice of the requirement, an allowance at the appropriate rate;

(c)in any other case, another rest day in lieu thereof, which shall be notified to him within 4 days of notification of the requirement.

(4) A member shall, if required to do duty on a day which is a public holiday, be granted-

(a)where he receives less than 8 days' notice of the requirement-

(i)an allowance at the appropriate rate and, in addition,

(ii)another day off in lieu thereof, which shall be notified to him within 4 days of notification of the requirement, and which shall be treated for the purposes of this regulation as a public holiday;

(b)in any other case, an allowance at the appropriate rate.

(5) A member who is required to do duty on a day which is a public holiday or a rostered rest day may, within 28 days of the day in question, elect to receive, in lieu of an allowance as mentioned in paragraph (3)(a) or (b) or paragraph (4)(a) or (b), time off equal-

(a)in the case of a day which is a public holiday, to double, and

(b)in the case of a rostered rest day, to one and a half times,

the period of completed quarters of an hour of duty on the day in question.

(6) Where such a member who is required to do duty on a day which is a public holiday or a rostered rest day has elected to receive time off as mentioned in paragraph (5), the chief officer of police shall, subject to the exigencies of duty, grant such time off within such time (not exceeding 3 months) as he may fix; and subject to such time off being taken, no allowance in respect of the day in question shall be payable under paragraph (3)(a) or (b) or, as the case may be, paragraph (4)(a) or (b).

(7) Subject to paragraph (8), for the purposes of this regulation-

(a)a member of a police force who is paid a dog handler's allowance shall not be treated as required to do duty by reason only of his being required to care for the dog;

(b)"a day's pay" means a week's pay at the rate at which the member was paid on the day in question divided by five;

(c)"the appropriate rate" means a sixteenth of a day's pay for each completed 15 minutes of duty done on a public holiday, and three sixty-fourths of a day's pay for each such period of duty done on a rostered rest day;

(d)a reference to a day which is a public holiday is to be construed, in relation to the member concerned, as a reference to a day within the meaning of regulation 26(5) commencing at any time on the calendar date of the public holiday in question;

(e)in paragraph (2) the expression "week" means a period of 7 days beginning with such day as is fixed by the chief officer of police;

(f)a period of less than 4 completed hours of duty on a day which is a public holiday or on a rostered rest day shall be treated as though it were a period of 4 completed hours of duty; and

(g)where a member is required to do duty on a day which is a public holiday or on a rostered rest day, his period of duty shall include (save for the purposes of sub-paragraph (f)) the time occupied by him in going to, and returning from, his place of duty, not exceeding such reasonable limit as may be fixed by the chief officer of police, save that, for the purposes of this sub-paragraph, there shall be disregarded any period of time so occupied-

(i)which together with the member's period of duty exceeds 6 hours, or

(ii)which is treated as a period of duty under regulation 31.

(8) Where it is at his own request that a member works on a day which is a public holiday or a rostered rest day he shall not be treated for the purposes of this regulation as having been required to do duty on that day but shall be granted another day off in lieu thereof, which shall be treated as a public holiday or a rostered rest day as the case may be.

Public holidays and monthly leave days for higher ranks

30.-(1) This regulation shall apply to every member of a police force of, or above, the rank of superintendent.

(2) Such a member shall, so far as the exigencies of duty permit, be allowed a day's leave on each public holiday and be granted in each month-

(a)in the case of a superintendent, 8 monthly leave days;

(b)in any other case, 1½ monthly leave days.

(3) Such a member who is required to do duty on a public holiday shall be granted a day's leave in lieu of each such day unless the exigencies of duty do not permit such grant within 12 months in the case of a superintendent or 3 months in any other case.

(4) Where the exigencies of duty have precluded the grant to a superintendent, in any month, of 8 monthly leave days, then, during the next following twelve months he shall, so far as the exigencies of duty permit, be granted the number of days not granted as additional monthly leave days.

(5) For the purposes of this regulation the expression "month" means that period of 28 days beginning with such day as is fixed by the chief officer of police.

Travelling time treated as duty

31.-(1) This regulation shall apply where a member of a police force is-

(a)required to perform his normal daily period of duty in more than one tour of duty, or

(b)recalled to duty between two tours of duty,

and travels to and from his home between tours or, as the case may be, in consequence of his recall (in this regulation referred to as "relevant travelling").

(2) In computing any period of overtime for the purposes of regulation 28 or any period of duty for the purposes of regulation 29 (save for the purposes of paragraph 7(f) thereof) the time occupied by such a member in relevant travelling, not exceeding such reasonable limit as may be fixed by the chief officer of police, shall be treated as a period of duty.

(3) For the purposes of regulation 60, the use of a motor vehicle for relevant travelling shall be treated as such use for the purpose of duties performed by the member concerned.

(4) Relevant travelling expenses shall be treated as expenses incurred in the execution of duty and, unless they are expenses in respect of which an allowance is payable under these Regulations, the member concerned shall be reimbursed those expenses to the extent that they do not exceed such reasonable limit as the police authority may fix.

Meetings of Police Federation treated as police duty

32.-(1) The attendance of a member of a police force at one of the following meetings of the Police Federation, that is to say, a quarterly meeting of a branch board, an ordinary meeting of a central committee, a meeting of the conferences arrangements committee, the annual meeting of the joint central committee with the joint central committee of the Scottish Police Federation and the central committee of the Police Federation for Northern Ireland, the annual meeting of a central conference or a women's regional conference shall be treated as an occasion of police duty.

(2) Subject to the approval of the chief officer of police, the attendance of a member of a police force at an additional meeting of a branch board of the Police Federation or at a meeting of a committee of a branch board shall be treated as an occasion of police duty.

(3) Subject to the approval of the Secretary of State, the attendance of a member of a police force at a meeting of the Police Federation, other than such a meeting as is mentioned in paragraph (1) or (2), shall be treated as an occasion of police duty.

Annual leave

33.-(1) Every member of a police force shall, so far as the exigencies of duty permit, be granted annual leave in accordance with Schedule 3.

(2) The annual leave of a member of a police force shall be additional to the days upon which he is not required to perform police duties in accordance with-

(a)regulation 29, in the case of a member below the rank of superintendent, or

(b)regulation 30, in the case of a member of, or above, the rank of superintendent;

and a member below the rank of superintendent shall, so far as the exigencies of duty permit, be allowed to take his annual leave in one period continuous with such days as aforesaid falling within the period in which he desires to take annual leave.

Sick leave

34.-(1) A member of a police force shall not be entitled to be absent from duty on account of injury or illness unless a registered medical practitioner has certified him to be unfit for duty:

• Provided that-

  (a)

  with the consent of the police authority, a member may be so absent without such certificate of unfitness where the period of unfitness for duty does not exceed 7 days, including any day on which, even if he were fit to do so, he would not have been required to perform police duty;

  (b)

  if, notwithstanding such certificate of unfitness for duty, a registered medical practitioner appointed or approved by the police authority has examined the member and certified him to be fit for duty he shall no longer be entitled to be absent from duty.

(2) This regulation shall apply to a member who is in quarantine as it applies to a member who is ill and any reference to fitness or unfitness for duty shall be construed accordingly.

Maternity leave

35.-(1) During the maternity period a woman member of a police force shall not be entitled to any sick leave in respect of any injury, illness or incapacity for duty which is solely or mainly due to pregnancy or childbirth or their after effects but shall be entitled to take maternity leave for the whole or any part or parts of the period.

(2) The maternity leave granted in respect of any particular maternity period shall be paid maternity leave, as respects 3 months thereof, and unpaid maternity leave, as respects the remainder:

• Provided that a member shall not be entitled to more than 3 months' paid maternity leave during any period of 12 months or, in the case of a constable, to any paid maternity leave before the end of her period of probation in the force.

(3) In this regulation the maternity period means, in relation to a woman member of a police force who is certified by a registered medical practitioner approved by the police authority to be pregnant, the period beginning 6 months before the date which is estimated by the said medical practitioner as being the probable date of birth and ending 9 months after the birth of the child.

University scholars

36. This Part of these Regulations shall have effect in relation to a university scholar subject to the provisions of paragraph 2 of Schedule 4.

PART IVPAY

Rate of pay

37.-(1) The rate of pay of a member of a police force shall be in accordance with the appropriate scale mentioned in Schedule 5.

(2) Subject to regulations 41, 42 and 43, section 2(1) of the Police (Overseas Service) Act 1945(15) and section 43(1) of the Police Act 1964, in reckoning the service of a member of a police force in any rank for the purposes of any of the aforesaid scales of pay, account shall be taken of all his service in that rank, whether in that or another police force; and service in a higher rank, on temporary promotion thereto or otherwise, shall be treated as if it had been service in that rank:

• Provided that in reckoning a member's service in any rank-

  (a)

  that service shall be treated as unbroken by, and including, any period of service in Her Majesty's forces which he is entitled to reckon as pensionable service;

  (b)

  except where the police authority in the circumstances of a particular case otherwise determine with the approval of the Secretary of State, no account shall be taken of any previous service in that rank which terminated in his reduction in rank as a punishment but any previous service in a higher rank which so terminated shall be treated as if it had been service in the rank to which the member was reduced;

  (c)

  no account shall be taken of any performance of the duties of that rank in respect of which a temporary salary is payable under regulation 38;

  (d)

  any period of unpaid leave shall be disregarded;

  and, in the case of a member of a police force of a rank higher than that of inspector, this paragraph shall have effect subject to any contrary agreement so far as it relates to the reckoning of previous service in that or another force, not being a force from which he was statutorily transferred to his present force.

(3) Where a member of a combined police force has been a member of a police force for an area comprised in whole or in part in the combined area (hereafter in this paragraph referred to as "the former force") and-

(a)he ceased to be a member of the former force and became a member of the combined force by reason only of the provisions of one or more amalgamation schemes under the Police Act 1964, and

(b)immediately before he ceased to be a member of the former force he held the rank of deputy chief constable,

then, notwithstanding anything in paragraph (1), his pay may be increased by such amount as may be approved by the Secretary of State.

(4) Nothing in this regulation shall affect the operation of any provisions of the Discipline Regulations and, in relation to a member of a police force suspended or fined thereunder, the provisions of paragraphs 1 and 3 of Schedule 6 or of paragraph 4 thereof shall have effect.

(5) Paragraph (1) and Schedule 5 shall have effect in relation to a university scholar subject to the provisions of paragraph 3 of Schedule 4.

Temporary salary

38.-(1) A member of a police force of the rank of superintendent who is required for a continuous period exceeding 7 days to perform duties normally performed by a member of the force of a higher rank than his own, otherwise (subject to paragraph (2)) than as the direct or indirect result of the absence of any member of the force on a monthly or other leave day granted under regulation 30, shall be paid in respect of that period, other than the first 7 days thereof, at a rate equal to the lowest rate of pay for that higher rank.

(2) Where any member of the force is absent for a continuous period comprising both-

(a)monthly or other leave days granted under regulation 30, and

(b)one or more annual leave days granted under regulation 33,

paragraph (1) shall have effect as if the entire continuous period of absence were a period of annual leave.

(3) A member of a police force below the rank of superintendent who, in any year, has been required to perform duties normally performed by a member of the force of a higher rank than his own for 14 complete days shall be paid in respect of each further complete day in that year on which he is required to perform such duties at a rate equal to the lowest rate of pay to which he would be entitled on promotion to the higher rank:

• Provided that where a member is entitled to be paid under this paragraph and the higher rank is that of superintendent or above there shall be no entitlement to an allowance, or time off, under regulation 28 or 29 in respect of such duties; but where in such a case the member is required to do duty on a public holiday or rostered rest day, he shall be granted a day's leave for each such day.

(4) For the purposes of this regulation the expression "year" means a period of 12 months beginning on 1st April.

(5) For the purposes of this regulation, the expression "day" means, in relation to a member of a police force below the rank of superintendent, his normal daily period of duty.

London weighting

39. The annual pay of a member of the City of London or metropolitan police force shall be increased by £885, but any allowance under these Regulations calculated by reference to a member's pay, shall be calculated as if this regulation had not been made.

Reckoning of service in the Royal Ulster Constabulary

40.-(1) Where a member of a police force joined or rejoined that force having left the Royal Ulster Constabulary, on or after 17th December 1969, for that purpose or on exercising the right of reversion conferred by section 2(1) of the Police Act 1969 then, for the purposes of regulation 37, his service in any rank in the Royal Ulster Constabulary shall be treated as if it were service in the corresponding rank in the police force he joined or rejoined as aforesaid:

• Provided that in the case of a member of a police force of a rank higher than that of inspector this paragraph shall have effect subject to any contrary agreement.

(2) A member of a police force of the rank of constable shall be entitled to reckon, for the purposes of the scale of pay for that rank, any period of service in the Royal Ulster Constabulary not reckonable under paragraph (1).

(3) In this regulation, any reference to a rank corresponding to a rank in a police force is a reference to a rank in the Royal Ulster Constabulary designated by the Secretary of State for the purposes hereof as the rank corresponding to the rank in question.

Reckoning by constables of service in certain constabularies

41.-(1) A member of a police force of the rank of constable shall be entitled to reckon for the purposes of the scale of pay for that rank any period of service in a constabulary mentioned in paragraph (2).

(2) The constabularies referred to in paragraph (1) are-

(a)the Ministry of Defence Police, that is to say the force established by section 1 of the Ministry of Defence Police Act 1987(16);

(b)the Port of London Authority's police force, that is to say the force of constables appointed under section 154 of the Port of London Act 1968(17).

Reckoning of service in an airport constabulary

42. Where a member of an aerodrome constabulary has been transferred to a police force by an order under section 30 of the Aviation Security Act 1982 then, for the purposes of regulation 37, his service in any rank in that constabulary shall be treated as if it were service in the corresponding rank in a police force.

Reckoning by constables of overseas police service

43.-(1) A member of a police force of the rank of constable shall be entitled to reckon for the purposes of the scale of pay for that rank the following periods of service, that is to say, any period of-

(a)certified overseas police service such as is mentioned in paragraph (2);

(b)certified service in the British South Africa Police such as is mentioned in paragraph (3),

(c)such service in a police force in the Channel Islands or the Isle of Man as is mentioned in paragraph (4),

notwithstanding that such service is not service in the rank of constable in a police force in Great Britain.

(2) The reference in paragraph (1) to certified overseas police service is a reference to-

(a)continuous service as a member of a police force in any territory or country outside the United Kingdom, being a colony, protectorate or protected state within the meaning of the British Nationality Act 1948(18), a dependent territory within the meaning of the British Nationality Act 1981(19) or, where appropriate, the territory or country wherein the colony, protectorate, protected state or dependent territory was incorporated after the inception of the service, subject to it having been certified by or on behalf of the Secretary of State that-

(i)the service was, at its inception, pensionable, and

(ii)in his opinion the person concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question, or

(b)continuous service for 6 years or more as a member of a police force outside the United Kingdom, subject to it having been certified by or on behalf of the Secretary of State that-

(i)the person concerned so served under a contract of service,

(ii)immediately before he ceased so to serve, the person concerned was, for the purposes of section 12 of the Overseas Development and Co-operation Act 1980(20), a person designated in accordance with such an agreement as is therein mentioned, and

(iii)in his opinion the person concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question,

except that the said reference in paragraph (1) does not include a reference to service as a reversionary member of a home police force.

(3) The reference in paragraph (1) to certified service in the British South Africa Police is a reference to continuous service as a member thereof, for a period which included 11th November 1965, up to such time, on or after that date, as the person concerned ceased to perform duties therein, subject to his having ceased to perform those duties before 2nd March 1970 and subject to it having been certified by or on behalf of the Secretary of State that he approves the application of this regulation in the case of the person concerned.

(4) The reference in paragraph (1) to service in a police force in the Channel Islands or the Isle of Man is a reference to service in-

(a)the Island police force maintained under the Guernsey Law of 1919 entitled Loi Ayant Rapport a` la Police Salariée pour l'Ile Entie`re.

(b)the States of Jersey police force maintained under the Jersey Laws entitled the Police Force (Jersey) Law 1974, or

(c)the Isle of Man Constabulary maintained under the Police (Isle of Man) Act 1962 (an Act of Tynwald).

Deductions from pay of social security benefits and statutory sick pay

44.-(1) There shall be deducted from the pay of a member of a police force-

(a)the amount of any sickness benefit, invalidity pension or invalidity allowance to which he is entitled under the Social Security Acts 1975-1982, and

(b)any statutory sick pay to which he is entitled under the Social Security and Housing Benefits Act 1982(21),

and for the purposes of sub-paragraph (a) above 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 policewoman who as a married woman or widow has elected to pay contributions under Part I of the Social Security Act 1975 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.

Calculation of monthly, weekly and daily pay

45.-(1) A month's pay shall be calculated, for all purposes, at a monthly rate of pay determined by dividing by 12 the annual rate.

(2) A week's pay shall be calculated, for all purposes, at a weekly rate of pay determined by dividing by 52⅙- the annual rate.

(3) A day's pay shall be calculated, except for the purposes of regulations 28 and 29, at a daily rate determined by dividing by 7 the weekly rate, determined as aforesaid.

Pay day

46.-(1) Members of a police force shall be paid at such intervals as the police authority may fix and the police authority may fix different intervals for different classes of members.

(2) In fixing the interval for any class the police authority shall have regard to the wishes of the members of that class.

PART VALLOWANCES AND OTHER EMOLUMENTS

Restriction on payment of allowances

47.-(1) No allowances shall be paid to a member of a police force except as provided by these Regulations or approved by the Secretary of State, and the amounts and conditions of payment of such allowances shall be as so provided or approved.

(2) Nothing in this regulation shall apply to the reimbursement of expenses incurred by a member of a police force in the execution of his duty, being expenses authorised either generally or specifically by the police authority in respect of which no allowance is payable under these Regulations.

Restriction on payments for private employment of police

48. Without prejudice to the generality of regulation 47, a member of a police force who is engaged on duty at the request of any person who has agreed to pay the police authority or, in the case of a member of the metropolitan police force, the Receiver for the metropolitan police district for the member's services shall not be entitled to any payment for those services except as provided by these Regulations; and any payments made in pursuance of that agreement shall be made by that person to the police authority or to the Receiver for the metropolitan police district, as the case may be.

Rent allowance

49.-(1) A member of a police force who is not provided with a house or quarters free of rent and rates shall be paid a rent allowance which shall be either a maximum limit allowance or a flat-rate allowance:

• Provided that-

  (a)

  a member to whom regulation 50 applies who is so provided with quarters shall be paid a rent allowance in addition;

  (b)

  a member of a police force shall not be paid a rent allowance if he is on unpaid leave.

(2) Subject to paragraph (3), a maximum limit allowance-

(a)shall be paid to a member married to (but not separated from) a person who either-

(i)is not a member of a police force, or

(ii)is such a member but is on unpaid leave;

(b)shall be paid to an unmarried member, or a member separated from his spouse, who-

(i)has attained the age of 30 years,

(ii)has served for 5 years as a member of that or any other police force and

(iii)occupies as owner or tenant the accommodation in which he is living;

(c)may, if the police authority think fit, be paid to a member, not being a member to whom sub-paragraph (a) or (b) applies who-

(i)has a dependent relative living with him, or

(ii)is separated from, or has divorced or been divorced by, his spouse, or

(iii)is a widower or widow;

and in all other cases a flat-rate allowance shall be paid.

(3) A maximum limit allowance shall not be payable-

(a)to a member who lives in accommodation in respect of which he makes no payment (by way of rent, rates or otherwise), or

(b)to a member who shares with another member accommodation of which they are joint owners or tenants so, however, that this sub-paragraph shall not preclude the payment of a maximum limit allowance by virtue of sub-paragraph (ii) of paragraph (2)(a).

(4) (a) A maximum limit allowance payable to a member shall not be less than a half of, nor more than, the maximum limit for his rank but, subject as aforesaid shall be the aggregate of the amount paid in rates and the amount of any rate rebate granted to him together with-

(i)where the member owns the house he occupies, the amount which in the opinion of the District Valuer would be paid in rent therefor if the house were let unfurnished,

(ii)where the member is living in unfurnished accommodation, the amount paid in rent therefor, or

(iii)subject to sub-paragraph (a)(i), where the member is living in furnished accommodation, an amount which in the opinion of the police authority would have been paid in rent therefor had the accommodation been unfurnished:

• Provided that where part of the said house or part of the said accommodation is let to or occupied by a tenant or lodger, as the case may be, who is not a member of a police force, the police authority may make a deduction from the said aggregate in respect of such part.

  (b)

  The maximum limit shall be fixed by the police authority with the approval of the Secretary of State for each rank.

(5) A flat-rate allowance shall be an allowance equal to half the amount fixed as the maximum limit for members of the same rank.

(6) Except where the member's spouse or former spouse is a member of a police force, a married member who is separated from his spouse or a member who is divorced, or been divorced by, his spouse, may, if he regularly makes periodic payments to or for the benefit of his spouse or former spouse, be granted-

(a)where he is in receipt of a rent allowance under paragraph (1), an addition to that rent allowance, or

(b)where he is provided with a house or quarters free of rent and rates, a rent allowance,

equal to whichever is the lesser of the two following amounts, namely, the amount by which his former allowance exceeds his present allowance or the amount paid by him to or for the benefit of his spouse or former spouse.

(7) In this regulation-

(a)the expression "his former allowance" means-

(i)in relation to a member who, immediately before his spouse commenced to live apart from him, was being provided with a house or quarters free of rent and rates, a sum fixed as the value for the time being of that house or those quarters;

(ii)in relation to any other member, the maximum limit allowance which would for the time being be payable to him if he were still entitled to such an allowance and the aggregate referred to in paragraph (4)(a) were unchanged since immediately before his spouse commenced to live apart from him;

(b)the expression "his present allowance" means the rent allowance which is being paid to the member under paragraph (1) or, as the case may be, a sum fixed as the value for the time being of the house or quarters with which he is provided;

(c)the expression "rates" includes-

(i)any general rate within the meaning of the General Rate Act 1967(22) and in addition any rate mentioned in paragraphs (a), (b) and (c) of the definition of "excepted rate" in section 115(1) of that Act (drainage, tithe, common and other rates of a similar character),

(ii)any rate or charge for a supply of water for domestic purposes, and

(iii)the reasonable costs of emptying a cess-pit where the premises do not have main drainage;

(d)the expression "rate rebate" means a rate rebate granted under a statutory or local rate rebate scheme within the meaning of section 22 of the Local Government Act 1974(23);

(e)a reference to the provision of a house or quarters free of rent and rates is a reference to such provision by a police authority.

Supplementary rent allowance

50.-(1) This regulation shall apply to-

(a)a member of a police force who-

(i)is a widower or widow with a child or children or is married,

(ii)is not living with his family, and

(iii)satisfies the chief officer of police that the only reason why he is not so living is that he is unable to find suitable accommodation for his family at a reasonable cost within a reasonable distance of his place of duty;

(b)a member of a police force, other than such a member as is mentioned in sub-paragraph (a), who is temporarily assigned to duties which, in the opinion of the chief officer of police, require him to live otherwise than in his former accommodation,

except that this regulation shall not apply to such a member as is mentioned in sub-paragraph (b) for a continuous period exceeding 30 months unless the police authority, in the circumstances of the case, so determine, or in respect of any period for which he has not retained, or has let or sub-let, his former accommodation.

(2) Notwithstanding the provisions of regulation 49, the rent allowance to be paid to a member to whom this regulation applies shall be that which would be payable under the said regulation 49-

(a)in the case of such a member as is mentioned in paragraph (1)(a), if he were a member of the force of the police area in which his family are for the time being living and he were living with his family;

(b)in the case of such a member as is mentioned in paragraph (1)(b), if he had not been assigned to such duties as are there mentioned and had continued to occupy his former accommodation.

(3) A member to whom this regulation applies shall be paid a supplementary rent allowance-

(a)if he is living in quarters provided free of rent and rates, at the weekly rate of £8.33;

(b)if he is not so living, at the weekly rate £8.33 higher than that of a flat-rate allowance payable under regulation 49 to a member of the force of the police area in which he is for the time being serving.

(4) A supplementary rent allowance payable under paragraph (3) may be reduced or withdrawn by the police authority in respect of any period consisting of one or more complete weeks throughout which the member in question is absent from his usual or temporary normal place of duty and is either-

(a)on leave of absence; or

(b)provided with board and lodging free of charge or an allowance in lieu.

Application of regulations 49 and 50 to members of regional crime squads and motorway patrol groups

51.-(1) This regulation shall apply to a member of a police force who is assigned to duty with a regional crime squad or a motorway patrol group established in pursuance of a collaboration agreement made under section 13 of the Police Act 1964.

(2) Where a member of a police force to whom this regulation applies moves his home and the removal is in the opinion of the appropriate committee of chief officers of police due to the exigencies of police duty or is made at the request of that committee and is, in their opinion, in the interest of the efficiency of the crime squad or patrol group concerned, then notwithstanding the provisions of regulation 49, the rent allowance to be paid to him shall be that which would be payable to him under that regulation if he was a member of the force of the police area in which his home is for the time being situate.

(3) Where a member of a police force to whom this regulation applies does not move his home, then, regulation 50 shall have effect in relation to him-

(a)as if for paragraph (1)(a)(iii) there were substituted the following provision:-

"(iii)in the opinion of the appropriate committee of chief officers of police, is not so living for the sole reason that he could not conveniently return daily to the family home;";

(b)as if in paragraph (1)(b) for the words "chief officer" there were substituted the words "appropriate committee of chief officers";

(c)as if in paragraph (1) for the words "30 months" there were substituted the words "24 months";

(d)as if for paragraph (2)(a) and (b) there were substituted the following provision:-

"if he were living with his family, or, as the case may be, in his former accommodation";

(e)as if in paragraph (3)(b) for the word "serving" there were substituted the word "living".

(4) In this regulation any reference to the appropriate committee of chief officers of police is a reference to the chief officers of police who are parties to the collaboration agreement referred to in paragraph (1) or such one or more of their number as they may have designated to act on their behalf for the purposes of this regulation.

Compensatory grant

52.-(1) In each financial year a member of a police force who, during the preceding financial year, has paid income tax for any year attributable to the inclusion of a rent allowance or compensatory grant in his emoluments in respect of service as a member of that force shall be paid a compensatory grant.

(2) The amount of the compensatory grant made to a member of a police force in any year shall be the amount by which the income tax in fact deducted from his emoluments in respect of service as a member of that force during the preceding year, according to the tax tables prepared or prescribed by the Commissioners of Inland Revenue, is increased by the inclusion in such emoluments of a rent allowance or any compensatory grant.

(3) The compensatory grant may, except in the circumstances described in paragraph (4), be paid by such instalments throughout the year in which it is payable as the police authority may determine.

(4) Where in the course of a financial year, a member of a police force leaves the force or dies whilst serving therein, he or his personal representative, as the case may be, shall be paid the whole of the compensatory grant due to the member during that year and, in addition, shall be paid a further compensatory grant determined in accordance with paragraph (5) by reference to the compensatory grant (hereafter referred to as the notional grant) which, had he not left the force or died, would have been due to him in a subsequent year by reason of income tax deducted from his emoluments, while in fact a member of the police force.

(5) A further compensatory grant shall be of the amount which the member or his personal representative, as the case may be, satisfies the police authority is equal, after deduction of income tax payable by him and attributable thereto, to the amount of the notional grant; and, for the purposes hereof, the attributable income tax shall be the tax which would not have been payable but for the inclusion of the further compensatory grant in the member's income except that, where the member's total income in the financial year in question exceeds his emoluments as a member of a police force during the period of 12 months preceding his retirement or death, the attributable tax shall be calculated as if it was not payable at a rate in excess of the basic rate save in so far as it would have been so payable had the member's total income in that financial year equalled his emoluments as a member of a police force in that period of 12 months.

(6) For the purposes of the preceding provisions of this regulation-

(a)the expression "year" or "financial year" means a year commencing on 6th April and ending on the following 5th April;

(b)the expression "income tax" includes all income tax whether payable at the basic rate or a higher rate; and

(c)where a member of a police force has served more than once in the same force, references in this regulation to service in the force shall be construed as references to his service therein since his last appointment thereto.

Removal allowance

53.-(1) Where a member of the police force moves his home in circumstances to which this paragraph applies, the police authority-

(a)shall either reimburse the reasonably incurred cost of removal or carry out the removal;

(b)shall, where the member was the owner of his former home, reimburse expenses reasonably incurred by him in connection with the disposal thereof;

(c)shall, where the member is the owner of his new home, reimburse expenses reasonably incurred by him in connection with the acquisition thereof if-

(i)he was the owner of his former home, or

(ii)the police authority, after consulting the chief officer of police, are satisfied that he could neither have been provided with a suitable house or quarters nor have been reasonably expected to find suitable rented accommodation within a reasonable distance of his normal place of duty,

so, however, that where the police authority are of opinion that the member could have acquired a suitable home for a consideration less than that actually paid, they may restrict the reimbursement of expenses directly related to the consideration paid by him to expenses which would have been reasonably incurred had he paid that lesser consideration;

(d)shall reimburse the member his payments in connection with his former home by way of mortgage interest, rent or rates (within the meaning of regulation 49(7)) payable in respect of the first 13 weeks following the move and may, if they think fit, reimburse him such payments in respect of a further period not exceeding 13 weeks up to an amount equal to that which would have been payable to him by way of rent allowance in respect of the period in question had he not moved but had continued to be entitled to a rent allowance payable at the rate at which such an allowance was payable immediately before the move so, however, that where the police authority are of opinion that the member has not taken all reasonable steps to reduce or terminate his liability to make such payments as aforesaid they may restrict the reimbursement to payments which the member would have been liable to make had he taken all such steps.

(2) Paragraph (1) applies where the member moves his home-

(a)on joining the force in the rank of assistant chief constable or a higher rank; or

(b)except as a consequence of joining the force otherwise than on being statutorily transferred thereto, and the removal is, in the opinion of the chief officer of police, due to the exigencies of police duty or is made at the request of the chief officer of police and is, in his opinion, in the interests of the efficiency of the force.

(3) Where a member of a police force moves his home in consequence of his voluntarily transferring from one force to another otherwise than in circumstances to which paragraph (2) applies, the police authority of the force to which he transfers-

(a)may either reimburse the reasonable cost of removal or carry out the removal;

(b)may, in the circumstances mentioned in paragraph (1)(b), reimburse the expenses there mentioned;

(c)may, in the circumstances and subject to the conditions mentioned in paragraph (1)(c), reimburse the expenses there mentioned;

(d)may, subject to the conditions mentioned in paragraph (1)(d), reimburse the expenses there mentioned.

(4) Where the cost of removal is reimbursed or the removal is carried out by the police authority under paragraph (1) or (2), then, subject to paragraph (5), in respect of expenditure incidental to the move the police authority shall pay the member an allowance of the amount hereinafter provided.

(5) An allowance under paragraph (4)-

(a)shall not be payable, where a member who has never been married moves from furnished accommodation;

(b)shall only be payable if the chief officer of police so decides, where a member moves from unfurnished into furnished accommodation.

(6) In the case of a member who-

(a)moves into furnished accommodation; or

(b)moves into unfurnished accommodation but has not previously, while a member of a police force, lived in such accommodation,

the amount of the allowance under paragraph (4) shall be £20.

(7) In the case of any other member the amount of the allowance under paragraph (4) shall not exceed £600 nor be less than the minimum amount mentioned in paragraph (8) but, subject as aforesaid, shall equal the aggregate of the following amounts-

(a)the amount of the expenditure incidental to the move reasonably incurred by the member, and

(b)where he satisfies the police authority that, in consequence of the move, he has failed to benefit, in whole or in part, from expenditure reasonably incurred by him prior to the move (other than such payments as are referred to in paragraph (1)(d)), the whole or the proportionate part of that expenditure so far as it is not recoverable by him.

(8) The minimum amount referred to in paragraph (7) shall be-

(a)where the member holds, or is transferring to be appointed in, a rank higher than that of chief superintendent, such amount as may be determined by the police authority;

(b)where he holds, or is transferring to be appointed in, the rank of superintendent, £129;

(c)where he holds, or is transferring to be appointed in, the rank of inspector, £102;

(d)where he holds, or is transferring to be appointed in, any rank lower than inspector, £82.

(9) Where a member of a police force has been requested by the chief officer of police, in the interests of the efficiency of the force, to move his home, and-

(a)the member has, in consequence, in connection with the contemplated disposal of his home and acquisition of a new home, incurred any expenses; and

(b)he would, if he had moved his home, have been reimbursed those expenses by the police authority in pursuance of paragraph (1)(b) or (c); but

(c)in consequence of a subsequent decision of the chief officer of police, the member does not in fact move his home,

he shall be entitled, notwithstanding that he has not moved his home, to be reimbursed those expenses by the police authority.

(10) In this regulation-

(a)any reference to an owner of any property is a reference to an occupier thereof whose interest therein is either a freehold interest or a leasehold interest which is neither a yearly or shorter tenancy nor a furnished tenancy, and

(b)any reference to expenses incurred in connection with the disposal or acquisition of any property shall be construed as including, in particular, estate agent's, auctioneer's and solicitor's fees and expenses in connection with the redemption, transfer or taking out of a mortgage.

Uniform allowance

54. A member of a police force of or above the rank of inspector who does duty in uniform but is not supplied with uniform by the police authority shall be paid in lieu a uniform allowance at a rate calculated to cover the cost of supplying and maintaining the required uniform.

Women's stocking allowance

55. A woman member of a police force who is not provided with stockings or tights by the police authority shall be paid in lieu an allowance at such annual rate as shall be determined by the Secretary of State unless she is being paid either a uniform allowance under regulation 54 or a plain clothes allowance under regulation 56(1).

Plain clothes allowances

56.-(1) A member of a police force below the rank of assistant chief constable who is required for a continuous period of not less than a week to do duty in plain clothes shall be paid a plain clothes allowance at such annual rate as shall be determined by the Secretary of State.

(2) A member of a police force below the rank of superintendent who is required to perform duties in plain clothes for not less than 40 hours in the aggregate in any period of 6 months shall, subject to paragraph (3), be paid a plain clothes allowance in respect of such duties at such hourly rate as shall be determined by the Secretary of State.

(3) For the purposes of paragraph (2) and the calculation of the aggregate duration of the duties there referred to-

(a)where the duties were performed on an occasion falling within such a continuous period of plain clothes duty as is mentioned in paragraph (1), no account shall be taken of those duties;

(b)where the duties performed on any occasion lasted less than 4 complete hours, no account shall be taken of those duties;

(c)where the duties performed on any occasion lasted for a completed number of hours and a fraction of an hour, no account shall be taken of that fraction.

(4) Notwithstanding anything in paragraph (1) or (2), where a member of a police force is provided with overalls when doing duty in plain clothes or for any other reason is, in the opinion of the Secretary of State, put to substantially less or substantially more than the normal expense caused by wearing his own clothes, a plain clothes allowance payable to him under paragraph (1) or (2) shall be payable not at the rate determined under the paragraph in question but at such rate as may be approved by the Secretary of State having regard to the circumstances of the case.

Detective duty and detective expenses allowances

57.-(1) This regulation shall apply in the case of a member of a police force who is assigned, for a period of not less than a week, to detective duty and, while so assigned, is, in the opinion of the chief officer of police, usually engaged in outside duty.

(2) Such a member of the rank of superintendent shall be paid a detective duty allowance at the rate of £518 a year.

(3) Such a member below the rank of superintendent shall be paid a detective expenses allowance at the rate of £1 a week.

(4) Regulation 45 shall apply to the calculation of detective duty allowance as it applies to the calculation of pay.

Subsistence, refreshment and lodging allowances

58.-(1) A member of a police force of or below the rank of superintendent who, being retained on duty beyond his normal daily period of duty or being engaged on duty away from his usual place of duty, necessarily incurs additional expense to obtain food or lodging, shall-

(a)if the period for which he is so retained or engaged exceeds an hour but does not exceed 5 hours, be paid a refreshment allowance;

(b)if the period for which he is so retained or engaged exceeds 5 hours, be paid a subsistence allowance;

(c)if the said expense includes the expense of obtaining lodging, be paid a lodging allowance.

(2) A member of a police force of or below the rank of superintendent who satisfies the chief officer of police that during his normal daily period of duty he was, although not away from his usual place of duty, unable by reason of the exigencies of duty to obtain his meals in his usual way and that he necessarily incurred additional expense for the purpose may be paid a refreshment allowance.

(3) Where the place of duty of a member of a police force has been temporarily changed the expression in this regulation "usual place of duty" shall, after such period from the date of change as the chief officer of police may determine, mean the temporary place of duty.

(4) A subsistence, refreshment or lodging allowance payable under the foregoing provisions of this regulation shall be of an amount determined in accordance with Schedule 7.

(5) A member of a police force above the rank of superintendent may be paid an allowance, at such annual rate as is determined by the police authority, to cover additional expenditure incurred by him in obtaining food and lodging by reason of the exigencies of duty.

Advances to cover expenses when away on duty

59. Where a member of a police force of or below the rank of inspector is required to do duty away from his usual place of duty he shall, if he so requests, be given an advance to cover, as far as practicable, any expenses which he will probably incur.

Motor vehicle allowances

60.-(1) Where the chief officer of police is of opinion that the duties normally performed by a member of a police force are of such a nature that it is-

(a)essential, or

(b)desirable,

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 police authority, in relation to the use in question, for the purposes thereof.

(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 of a 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-

(a)where the chief officer of police is of the opinion mentioned in paragraph (1)(a), at the essential user's rate;

(b)where the chief officer of police is of the opinion mentioned in paragraph (1)(b), at the casual user's rate,

as provided in Schedule 8:

• Provided that where the member concerned holds a rank above that of superintendent he may instead be paid a flat-rate motor vehicle allowance at such annual rate as is determined by the police authority on such basis as is approved by the Secretary of State.

(5) A motor vehicle allowance in respect of the authorised use of-

(a)a motor car of a cylinder capacity not exceeding 500 c.c., or

(b)a motor bicycle,

shall, subject as aforesaid, be payable on such conditions and at such rate as is approved by the Secretary of State.

(6) In its application to a chief officer of police this regulation shall have effect as if any reference therein to that officer were a reference to the police authority.

(7) Paragraph 1 of Schedule 8 shall have effect for the purposes of the interpretation of this regulation.

Bicycle allowance

61.-(1) Where a member of a police force is authorised by the chief officer of police to use a bicycle owned by him for the purposes of duties normally and from time to time performed by him, he shall in respect of such use be paid a bicycle allowance of an amount determined in accordance with Schedule 9.

(2) In this regulation the expression "bicycle" does not include a motor bicycle, that is to say a mechanically propelled bicycle (including a motor scooter and a bicycle with an attachment for propelling it by mechanical power) and a reference to a bicycle owned by a member of a police force is a reference to a bicycle kept and used by him.

Typewriter allowance

62.-(1) Where, immediately before the coming into effect of these Regulations a member of a police force was in receipt of a typewriter allowance in respect of the use of a typewriter owned by him which he is authorised by the chief officer of police to use for the purposes of duties normally and from time to time performed by him, he shall, in respect of such use, continue to be paid such an allowance in accordance with Schedule 10, and the police authority shall continue to supply him with typewriter ribbons free of charge.

(2) In this regulation a reference to a typewriter owned by a member of a police force is a reference to a typewriter kept and used by him.

Dog handler's allowance

63.-(1) Where a dog owned by the police authority is kept and cared for by a member of a police force at his home, the member shall be paid a dog handler's allowance in respect of the care accorded to the dog on the member's rest days and on public holidays.

(2) A dog handler's allowance shall be of an amount determined in accordance with Schedule 11.

(3) For the purposes of this regulation and of Schedule 11 a member of a police force shall be treated as keeping and caring for a dog at his home if he would be so doing but for his being on annual leave.

Allowance in respect of medical charges

64. A member of a police force shall be reimbursed any charges incurred in his case under section 77, 78 or 79 of the National Health Service Act 1977(24) (which sections relate to charges for certain drugs, medicines and appliances and for dental treatment).

London allowance

65. A member of the City of London or metropolitan police force shall be paid a London allowance at the rate of £1,011 a year.

Promotion examination allowances

66.-(1) A constable who has taken an examination or paper in consequence of which he obtains a pass in the qualifying examination for promotion to the rank of sergeant shall, subject to paragraph (3), be paid a promotion examination allowance of £45.

(2) A constable or sergeant who has taken an examination or paper in consequence of which he obtains a pass in the qualifying examination for promotion to the rank of inspector shall, subject to paragraph (3), be paid a promotion examination allowance of £45.

(3) A constable's promotion examination allowance shall not be payable to a member of a police force who previously-

(a)has obtained, or been deemed to have obtained, a pass in the corresponding qualifying examination held under any Promotion Regulations made on or after 17th September 1952, or

(b)while serving in a police force in Scotland or in such a constabulary as is mentioned in paragraph (4), has received a payment for passing the examination which qualified him, in that force or constabulary, for promotion from constable to sergeant or, as the case may be, from sergeant to inspector.

(4) The reference in paragraph (3) to a constabulary is a reference to any force of constables outside Great Britain previous service in which a member of a police force may reckon as pensionable service; and where the rank in such a constabulary which appears to the Secretary of State to correspond to that of constable, sergeant or, as the case may be, inspector is not so styled, paragraph (3)(b) shall have effect in relation to that constabulary as if for any reference therein to that rank there were substituted a reference to such a rank as the Secretary of State determines to be the corresponding rank.

(5) Where an overseas policeman, a central police officer or a member of the Royal Ulster Constabulary enjoying a right of reversion to a home police force has, while serving as such, qualified for a promotion examination allowance under paragraph (1) or (2), he shall, subject to paragraph (3), be paid such an allowance on exercising his right of reversion to his police force under section 2(1) of the Police (Overseas Service) Act 1945, section 43(1) of the Police Act 1964 or, as the case may be, section 2(1) of the Police Act 1969.

(6) An allowance payable under paragraph (1) or (2) shall be payable by the police authority maintaining the force of which the person concerned was a member when he took the examination or paper referred to in the paragraph in question, and an allowance payble under paragraph (5) shall be payable by the police authority maintaining the force to which the person concerned reverts.

(7) In this regulation any reference to the qualifying examination for promotion to the rank of sergeant or to the qualifying examination for promotion to the rank of inspector shall be construed as a reference to the qualifying examination or, in relation to a period before 1st June 1967, both the qualifying examinations, held under the Promotion Regulations, for promotion from constable to sergeant or, as the case may be, from sergeant to inspector.

Allowance for recurring escort duty, etc.

67. An allowance may be paid, of such amount and under such conditions as may be approved by the Secretary of State on the recommendation of the police authority, in respect of recurring escort duty or other specific duties involving recurring retention on duty beyond the normal daily period and not covered by any other payment.

Continuance of allowances when member ill

68. If a member of a police force who is regularly in receipt of a plain clothes allowance, detective duty allowance, detective expenses allowance or any allowance to meet an expense which ceases during his or her absence from duty is placed upon the sick list or is on maternity leave, the allowance shall be payable during his or her absence from duty up to a period of a month, but thereafter, during the remainder of his or her absence from duty, payment may be suspended at the discretion of the chief officer of police.

Allowances in respect of periods of suspension

69. This part of these Regulations shall have effect in relation to a member of a police force suspended under the Discipline Regulations, subject to the provisions of paragraphs 2 and 3 of Schedule 6.

University scholars

70. This Part of these Regulations shall have effect in relation to a university scholar subject to the provisions of paragraph 4 of Schedule 4.

Allowance under regulation 59 of the Police Regulations 1971

71. Where immediately before 1st September 1978 a member of a police force, other than the City of London or metropolitan police force, was entitled to an allowance under regulation 59 of the Police Regulations 1971(25) he shall be entitled to an allowance as follows-

(a)in the case of an inspector, at the rate of £50 a year;

(b)in the case of a sergeant or constable, at the rate of £72 a year;

while he remains a member of that force.

PART VIHOUSING, UNIFORM AND EQUIPMENT

Provision of house or quarters

72.-(1) A member of a police force who is not paid a rent allowance under regulation 49(1) shall be provided with a house or quarters free of rent and rates:

• Provided that-

  (a)

  a member to whom regulation 50 applies may be provided with quarters as aforesaid notwithstanding that he is paid a rent allowance under regulation 49(1) as modified by regulation 50(2);

  (b)

  a member shall not be provided with a house or quarters if that member is on unpaid leave.

(2) Where 2 members of a police force are married to each other (and not separated) the provision made in their case in pursuance of paragraph (1) may comprise the provision to them jointly of a house or married quarters free of rent and rates.

Issue of uniform and equipment

73.-(1) Uniform and equipment shall be issued by the police authority free of charge to sergeants and constables in accordance with the provisions of Schedule 12.

(2) Uniform and equipment may, if the police authority so determine, be issued as required to a member of the police force of or above the rank of inspector.

Re-issue of uniform and equipment

74. Uniform and equipment handed back to the police authority shall not be re-issued to another member of the police force until it has received any necessary cleaning or renovation and is in serviceable condition.

Ownership of uniform and equipment

75. Subject to regulation 76 the uniform and equipment issued by the police authority shall not become the property of the member of the police force to whom they are issued and shall be handed back by him to the police authority on his leaving the force.

Replacement of uniform and equipment

76. On any article of uniform or equipment being replaced by the police authority the article shall be handed back to the police authority unless the member, with the consent of the police authority, buys such article at a price to be fixed by the police authority or, with such consent, retains it without payment.

Regulation 2

SCHEDULE 1REVOCATIONS

Regulation 10

SCHEDULE 2RESTRICTIONS ON THE PRIVATE LIFE OF MEMBERS OF POLICE FORCES

1. A member of a police force shall at all times abstain from any activity which is likely to interfere with the impartial discharge of his duties or which is likely to give rise to the impression amongst members of the public that it may so interfere; and in particular a member of a police force shall not take any active part in politics.

2. A member of a police force shall not reside at premises which are not for the time being approved by the chief officer of police.

3.-(1) A member of a police force shall not, without the previous consent of the chief officer of police, receive a lodger in a house or quarters with which he is provided by the police authority or sub-let any part of the house or quarters.

(2) A member of a police force shall not, unless he has previously given written notice to the chief officer of police, receive a lodger in a house in which he resides and in respect of which he receives a rent allowance or sub-let any part of such a house.

4. A member of a police force shall not wilfully refuse or neglect to discharge any lawful debt.

Regulation 33

SCHEDULE 3ANNUAL LEAVE

1.-(1) Subject to regulation 33, and the provisions of this Schedule, every member of a police force of or above the rank of superintendent shall be granted in each leave year the following period of annual leave, namely-

(a)in the case of a member of the rank of superintendent, 31 days;

(b)in the case of a member of a rank higher than that of superintendent who has not completed 10 years' relevant service, not less than 42 days; and

(c)in any other case, not less than 48 days.

(2) Subject as aforesaid and to paragraph (3) below every member of a police force holding a rank below that of superintendent shall be granted in each leave year commencing after 31st December 1986 the period of leave set out opposite his relevant service as a member of a police force in the Table below:-

(3) Where the annual leave entitlement of a member of a police force immediately before the coming into effect of this paragraph, in respect of the first leave year commencing after 31st December 1986, exceeded the period prescribed in his case in respect of that year by the foregoing provisions of this paragraph he shall continue to be entitled to be granted such greater period of leave until such time as he shall have completed such number of years' relevant service as, by virtue of the said provisions, entitle him to an increased period of leave.

2. In the leave year in which a member of a police force is appointed to, is promoted in, or retires from the force or completes such number of years' relevant service as will entitle him to an increased period of annual leave, his annual leave shall be calculated at the rate of a twelfth of the period of annual leave appropriate, under paragraph 1, to the rank held by him for each complete month of service in that rank in the leave year in question, a fraction of a day being reckoned as a day:

Provided that where a member of a police force is promoted or completes the said number of years' relevant service while completing a month's service in the leave year in question, he shall be treated for the purposes of this paragraph as if he had been promoted or, as the case may be, completed the said number of years' relevant service at the beginning of that month's service.

3.-(1) In the case of a member of a police force of a rank not higher than that of superintendent, the chief officer of police may, in his discretion and subject to the exigencies of duty-

(a)notwithstanding anything in paragraphs 1 and 2, where he is satisfied that, in any leave year, the member has not taken the full period of annual leave specified in those paragraphs, grant the member, during the following leave year, additional days of annual leave not exceeding the number of days not taken, so, however, that he shall not exercise his discretion so as to grant more than 5 additional days of annual leave to a member unless he is satisfied that there are exceptional circumstances and that it is in the interests of efficiency to do so;

(b)grant the member not more than 5 additional days of annual leave, to be taken in the last month of the leave year, subject to a corresponding reduction being effected in the member's period of annual leave under paragraph 1 for the following year.

4.-(1) Subject to sub-paragraph (2), days of annual leave granted under this Schedule may be taken, in the discretion of the chief officer of police and subject to the exigencies of duty, as a single period, or as single days, or in periods of more than one day or as half days.

(2) In the case of a member below the rank of superintendent, not more than 3 days of annual leave shall be taken as half days, and where annual leave is so taken, the member-

(a)shall do duty on that day for 4 hours, and

(b)shall not be entitled to be allowed an interval for refreshment such as is mentioned in regulation 26(3).

5.-(1) Where a member of a police force has been recalled to duty from a period of absence from duty to which this paragraph applies, he shall be granted, in compensation for being recalled to duty on any day during that period which is a day of annual leave or a day taken off in lieu of overtime-

(a)if he was so recalled to duty for 1 or 2 days (whether or not in the latter case those days formed a single period), 2 days' annual leave in lieu of each such day for which he was so recalled; or

(b)if he was so recalled to duty for 3 or more days (whether or not forming a single period), 2 days' annual leave in lieu of each of the first 2 such days for which he was so recalled, and 1½ days' annual leave in lieu of each such day for which he was so recalled thereafter.

(2) This paragraph applies to a period of absence from duty of 3 or more days, where at least one of those days is a day of annual leave and the other days, if not days of annual leave, are rostered rest days, days taken off in lieu of overtime, public holidays (or days taken off in lieu thereof) or monthly leave days, or any combination thereof.

6.-(1) For the purposes of this Schedule, the following expressions have the meanings hereby respectively assigned to them, that is to say:-

"leave year" means that period of 12 months beginning on such date as may from time to time be determined by the police authority;

"relevant service" means any service which the member concerned is entitled to reckon for the purposes of his scale of pay together with any service which he was previously so entitled to reckon-

except that relevant service shall not include any such service as is mentioned in regulation 43.

(2) Where a member of an aerodrome constabulary has been transferred to a police force by an order under section 30 of the Aviation Security Act 1982(26) then, for the purposes of this paragraph, his service in any rank in that constabulary shall be treated as if it were service in the corresponding rank in a police force.

Regulations 5, 36, 37 and 70

SCHEDULE 4UNIVERSITY SCHOLARS

1.-(1) In this Schedule a reference to a university scholar is a reference to a member of a police force nominated for a course of university study by the Secretary of State or by the police authority maintaining the force of which he is a member in pursuance of arrangements in that behalf approved by the Secretary of State and, in relation to such a member, the expression "course" means the course for which he has been nominated and which he has undertaken and "study" means study for the purposes of that course.

(2) For the purposes of this paragraph a full-time course leading to a degree awarded by the Council for National Academic Awards shall be treated as a course of university study notwithstanding that the course is provided otherwise than at a university.

2. Regulations 26, 28 and 29 shall not apply to a university scholar for the duration of his course except for such period or periods, if any, as he is engaged otherwise than in study.

3.-(1) This paragraph shall apply to a university scholar, not being a member of the City of London or of the metropolitan police force, who has undertaken a course of study given wholly or mainly at an institution within the City of London or the metropolitan police district.

(2) Where such a university scholar takes up residence within the City of London or the metropolitan police district and the taking up of such residence is, in the opinion of the police authority, due to his having undertaken his course, then, for the duration of the course (whether or not he is so resident throughout that period), he shall be entitled to supplementary pay at the rate of £885 a year and his rate of pay, determined in accordance with Part IV of these Regulations, shall be increased accordingly.

4.-(1) Where a university scholar moves his home and the removal is in the opinion of the police authority due to his having undertaken his course, then, notwithstanding the provisions of regulation 49, the rent allowance to be paid to him shall be that which would be payable to him under that regulation if he was a member of the force of the police area in which his home is for the time being situate.

(2) Where a university scholar does not move his home, then, regulation 50 shall have effect in relation to him for the duration of his course-

(a)as if for paragraph (1)(a)(iii) there were substituted the following provision:-

"(iii)satisfies the police authority that the only reason he is not so living is that he could not, without detriment to his studies, return daily to the family home,";

(b)as if for paragraph (1)(b) there were substituted the following provision:-

"(b)a member of a police force, other than such a member as is mentioned in sub-paragraph (a), who satisfies the police authority that the only reason why he is not living in his former accommodation is that he could not, without detriment to his studies, return daily thereto,"; and

(c)as if for paragraph (2)(a) and (b) there were substituted the following provision:-

"if he were living with his family or, as the case may be, in his former accommodation.".

(3) Where a university scholar moves his home and the removal is, in the opinion of the police authority, due to his having undertaken or completed his course of study and is, in their opinion, reasonable in all the circumstances of his case, regulation 53 shall have effect in his case as if the removal were such as is mentioned in paragraph (1) thereof.

Regulation 37

SCHEDULE 5SCALES OF PAY

1.-(1) The annual pay of a member holding a rank referred to in the first column of the following Table A shall, subject as hereinafter provided, be determined by reference to his service in that rank in accordance with the scale set opposite to his rank-

(a)in the case of a member of the City of London or metropolitan police force, in the second and third columns of the said Table;

(b)in any other case, in the second and fourth columns.

(2) Except in the case of a member of the City of London or metropolitan police force, where immediately before 1st September 1978 the annual pay of a chief superintendent was greater than £8,703, his annual pay determined in accordance with Table A above shall be increased by £147.

(3) Except in the case of a member of the City of London or metropolitan police force, where immediately before 1st September 1978 the annual pay of a superintendent was greater than £7,839, his annual pay determined in accordance with Table A above shall be increased by £42.

(4) Where a member of the City of London or metropolitan police force holding the rank of chief superintendent has held that rank or the rank of superintendent in one or other of those forces at all times since 1st September 1985, his annual pay determined in accordance with Table A shall be increased by £474.

(5) Where a member of the City of London or metropolitan police force holding the rank of superintendent has held that rank in one or other of those forces at all times since 1st September 1985, his annual pay determined in accordance with Table A shall be increased-

(a)where he has, or is to be treated as having, more than two years' reckonable service in that rank, by £474;

(b)where he has, or is to be treated as having, more than one but less than two years' such service, by £624; and

(c)in any other case, by £855.

(6) Where a member of the City of London police force holding the rank of chief inspector held that rank immediately before 1st September 1978, his annual pay determined in accordance with Table A above shall be increased by £450.

(7) Where a member is promoted to or appointed in the rank of superintendent and the aggregate amount of his pay and of his allowances under regulations 28, 29, 57 and 67 in respect of his period of service in the rank of chief inspector during the year immediately before the date of his promotion or appointment exceeded the amount which would have been the aggregate of his pay and of any allowance under regulation 57 in respect of that period of service had he been a superintendent with less than a year's reckonable service in that rank, his annual pay shall be determined as if he had an additional year's service in the rank of superintendent.

(8) Where a member promoted to or appointed in the rank of chief inspector or inspector last served before his promotion or appointment-

(a)in the case of a chief inspector, in the rank of inspector;

(b)in the case of an inspector, in the rank of sergeant,

and had 4 or more years' reckonable service in the rank of inspector or, as the case may be, of sergeant, then his annual pay for the rank he holds shall be determined as if he had an additional year's service therein.

(9) Where a member promoted to or appointed in the rank of sergeant last served before his promotion or appointment in the rank of constable, then his annual pay for the rank of sergeant shall be determined-

(a)if he had 12 or more (but less than 14) years' reckonable service as a constable, as if he had an additional year's service as a sergeant;

(b)if he had 14 or more years' service as a constable, as if he had an additional 2 years' service as a sergeant.

(10) In sub-paragraphs (7) to (9) any reference to a member's reckonable service in any rank is a reference to the service reckonable for the purposes of his scale of pay in the rank including any additional service reckonable by virtue of this paragraph or otherwise.

2.-(1) The annual pay of a member holding the rank of constable shall, subject as hereinafter provided, be determined by reference to his reckonable service in accordance with the scale in the following Table B.

(2) In the case of a constable who first became a member of a police force after he had attained the age of 22 years, his annual pay during the period before he completes 2 years' reckonable service shall be determined in accordance with Table B as if at all times during that period he had two years' reckonable service.

(3) For the purposes of this paragraph-

(a)any reference to a member's reckonable service is a reference to the service reckonable for the purposes of his scale of pay; and

(b)in determining whether or not a person has served continuously as a member of a police force there shall be disregarded any break in service occurring on transfer from one police force to another or which ends with the man exercising a statutory right of reversion to his police force.

3. The scale of pay of a member holding a rank above that of constable, not being a rank mentioned in Table A in paragraph 1, shall be such as shall be determined by the Secretary of State.

Regulation 37

SCHEDULE 6EFFECT OF DISCIPLINARY ACTION ON PAY AND ALLOWANCES

1.-(1) Subject to paragraph 3, a member of a police force suspended under the Discipline Regulations who-

(a)is detained in pursuance of a sentence of a court in a prison or other institution to which the Prison Act 1952(27) applies, or is in custody (whether in prison or elsewhere) between conviction by a court and sentence, or

(b)has absented himself from duty and whose whereabouts are unknown to the chief officer of police (or a deputy chief officer acting as chief officer),

shall not, by virtue of regulation 37, be entitled to pay in respect of his period in detention or custody or, as the case may be, in respect of the period during which his whereabouts are unknown as aforesaid.

(2) Where the member suspended is a chief constable or other senior officer within the meaning of the Police (Discipline) (Senior Officers) Regulations 1985(28), sub-paragraph (1) shall have effect as if for the reference therein to the chief officer of police (or a deputy chief officer acting as chief officer) there were substituted a reference to the police authority.

2. Subject to paragraph 3, a member of a police force suspended under the Discipline Regulations shall not, by virtue of Part V of these Regulations, be entitled to any allowance, in respect of the period of suspension, other than-

(a)a rent allowance, supplementary rent allowance, or compensatory grant; or

(b)in the case of a member to whom paragraph 1(1) does not apply, a London allowance or an allowance under regulation 71.

3. Where a member of a police force returns to duty when the period of suspension comes to an end and-

(a)it has been decided that he shall not be charged with a disciplinary offence, or

(b)he has been so charged and all the charges have been dismissed, or

(c)he has been so charged and has been punished by a reduction in his rate of pay, fine, reprimand or caution.

he shall receive, as from the date of his suspension, the pay to which, but for paragraph 1, and the allowances to which, but for paragraph 2, he would have been entitled by virtue of these Regulations.

4. Where a member of a police force is fined under the Discipline Regulations, the fine shall, without prejudice to any other method of recovery, be recoverable by way of deductions from the member's pay during the period of 13 weeks following the imposition of the fine so, however, that the aggregate sum which may be deducted in pursuance of this paragraph in respect of any one week (whether on account of one or more fines) shall not exceed a seventh of his weekly pay:

Provided that in the event of the member leaving the police force, the whole amount of any fine unpaid may be deducted from any pay then due.

Regulation 58

SCHEDULE 7SUBSISTENCE, REFRESHMENT AND LODGING ALLOWANCES

1.-(1) Subject as hereafter in this Schedule provided, the amount of a subsistence, refreshment or lodging allowance payable under regulation 58(4) shall be in accordance with such scale appropriate to the rank of the member of a police force concerned as shall be determined by the Secretary of State; and separate scales shall be determined for members of the rank of superintendent and for members below that rank.

(2) The scales of refreshment allowances shall provide for the allowance payable in respect of one meal and that payable in respect of two meals.

(3) The scales of subsistence allowances shall provide for the allowance payable in respect of a period of retention or engagement on duty of-

(a)over 5 hours but not exceeding 8 hours;

(b)over 8 hours but not exceeding 12 hours;

(c)over 12 hours but not exceeding 24 hours;

(d)over 24 hours.

2. If a lodging allowance is payable as well as a subsistence allowance in respect of a period of retention or engagement on duty of 16 hours or less, the subsistence allowance shall be of the amount appropriate to a retention or engagement for a period exceeding 8 hours and not exceeding 12 hours.

3. If the chief officer of police is satisfied in any particular case that the amount of the allowances calculated in accordance with paragraphs 1 and 2 is not sufficient to cover the actual expenses necessarily incurred, he may authorise payment of the difference.

4. If the chief officer of police is satisfied in any particular case that the amount of the allowances calculated in accordance with paragraphs 1 and 2 would be excessive having regard to the additional expenses necessarily incurred, he may direct that the amount of the allowances shall be reduced to such an amount as he determines, not being less than the amount of such expenses.

5. If in any particular case or class of cases the period of retention or engagement on duty exceeds a week and the chief officer of police is satisfied that the amount of the allowances calculated in accordance with paragraph 1 would be excessive, he may direct that there shall be granted in lieu thereof of a weekly allowance at such lower rate as may be necessary to cover the reasonable expenses of the member concerned.

6. If a member of a police force below the rank of superintendent is required during any period to accompany a member of that or a higher rank, paragraph 1 shall apply to his case as respects that period as if he held the rank of superintendent.

Regulation 60

SCHEDULE 8MOTOR VEHICLE ALLOWANCES

1. For the purposes of regulation 60 and this Schedule the following expressions have the meanings hereby respectively assigned to them:-

"authorised use" means the use, authorised under regulation 60, of a motor vehicle owned by the member of a police force concerned for the purposes of his duties as a member of that force or, where he has been statutorily transferred from one force to another force, as a member of either of those forces, and "period of authorised use" means the period during which such use is authorised;

"cyclinder capacity" means the cylinder capacity of the engine of a vehicle calculated in accordance with the regulations from time to time in force under the Vehicles (Excise) Act 1971(29);

"motor bicycle" means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a sidecar);

"motor car" means a mechanically propelled vehicle other than a motor bicycle and, accordingly, includes a mechanically propelled tricycle;

"year" means a period of twelve months beginning on such date as may be determined by the police authority;

and a reference to a motor vehicle owned by a member of a police force 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-

(a)a basic rate, in relation to authorised use not exceeding such mileage as is specified by him ("the basic mileage"), and

(b)a reduced rate in relation to authorised use in excess of the basic mileage.

(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 arrears, as the police authority may determine; but when the amount of the allowance for that year is finally calculated, any over-payment shall be recoverable.

(5) Where in any year a motor vehicle allowance is payable at the essential user's rate to a member of a police force and the member is on sick leave, or maternity leave, or the motor car in question is out of order, for a continuous period of four or more weeks in that year the allowance shall be reduced by such amount as the police authority, with the approval of the Secretary of State, 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 Secretay 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 an amount calculated in accordance with paragraph 2.

4. The amount of a motor vehicle allowance payable to a member of a police force 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 officer of police, with the approval of the police authority, has determined appropriate for use for the purposes of the duties normally performed by the member concerned.

Regulation 61

SCHEDULE 9BICYCLE ALLOWANCE

1. The amount of a bicycle allowance shall be calculated by reference to the duration of the authority given for the purposes of regulation 61 at such annual rate as is specified by the Secretary of State.

2. The allowance shall be payable quarterly or at such shorter intervals as the police authority may determine in advance or in arrears, as they may determine; but where payment is made in advance, any overpayment shall be recoverable.

Regulation 62

SCHEDULE 10TYPEWRITER ALLOWANCE

1. The amount of a typewriter allowance shall be calculated by reference to the duration of the authority given for the purposes of regulation 62 at such annual rate as is specified by the Secretary of State.

2. The allowance shall be payable quarterly or at such shorter intervals as the police authority may determine in advance or in arrears, as they may determine; but where payment is made in advance, any overpayment shall be recoverable.

Regulation 63

SCHEDULE 11DOG HANDLER'S ALLOWANCE

1. Subject as hereinafter provided, a dog handler's allowance shall be payable-

(a)in the case of a constable, at the annual rate of £567,

(b)in any other case, at the annual rate of £771.

2. Where the member keeps and cares for at his home more than one dog owned by the police authority, the annual rate of the allowance shall be multiplied by the number of such dogs so kept and cared for.

Regulation 73

SCHEDULE 12ISSUE OF UNIFORM AND EQUIPMENT

1. The uniform specified in the following Tables for men and women respectively shall be issued in accordance with those Tables subject to any modifications approved by the Secretary of State:

Provided that where particular duties or the duties of a particular member of a police force entail greater or less wear than normal the issue of any article of uniform may be made as required:-

2. Uniform or equipment issued by the police authority which is lost or damaged otherwise than owing to the member's default or is faulty or is ill-fitting shall be replaced or repaired by the police authority free of charge:

Provided that this paragraph shall not apply to minor repairs or alterations which can be satisfactorily carried out by the member.

3. Clothing for particular duties such as mounted duty, cycling, driving of vehicles, or stable duty shall be issued as required.

4. Where, in the case of women members, stockings or tights are provided by the police authority for the purposes of duty the issue shall be at the rate of 24 pairs annually.

5. Issues of equipment shall be made as circumstances require.

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the Police Regulations 1979 and the instruments amending those Regulations, namely the Regulations set out in Schedule 1. In addition to minor and drafting amendments the Regulations make the following changes of substance-

(i)in regulation 59 (Advances to cover expenses when away on duty-formerly regulation 57) an advance is to be made only if the member so requests; and

(ii)in Schedule 9, paragraph 1 (Bicycle allowance) and Schedule 10, paragraph 1 (Typewriter allowance) the annual rate is no longer prescribed but is to be specified by the Secretary of State.