Made | 5th March 2003 | ||
Laid before Parliament | 10th March 2003 | ||
Coming into force | 1st April 2003 |
1. | Citation, commencement and extent |
2. | References to transfers |
3. | Interpretation |
4. | Ranks |
5. | Part-time appointments |
6. | Restrictions on the private life of members |
7. | Business interests incompatible with membership of a police force |
8. | Business interests: supplementary |
9. | Business interests precluding appointment to a police force |
10. | Qualifications for appointment to a police force |
11. | Appointment of senior officers |
12. | Probationary service in the rank of constable |
13. | Discharge of probationer |
14. | Retirement |
15. | Contents of personal records |
16. | Transfer of personal records |
17. | Personal record of member leaving force |
18. | Fingerprints |
19. | Samples |
20. | Duty to carry out lawful orders |
21. | Limitations on duties to be assigned to members statutorily transferred |
22. | Duty |
23. | Meetings of Police Federation treated as police duty |
24. | Pay |
25. | Overtime |
26. | Public holidays and rest days |
27. | Temporary salary and temporary promotion |
28. | Sick pay |
29. | Maternity pay |
30. | Fixing of pay day and calculation of monthly, weekly and daily pay |
31. | Deductions from pay of social security benefits and statutory sick pay |
32. | University scholars |
33. | Leave |
34. | Allowances |
35. | Expenses |
36. | Continuance of allowances when member ill |
37. | Allowances in respect of periods of suspension |
38. | Replacement allowance |
39. | Restriction on payments for private employment of police |
40. | Reckoning of service in the Police Service of Northern Ireland |
41. | Reckoning of service in the British Transport Police Force |
42. | Reckoning by constables of service in certain constabularies |
43. | Reckoning of service in an airport constabulary |
44. | Reckoning by constables of overseas police service |
45. | Issue of uniform and equipment |
46. | Determinations |
47. | Revocations and savings |
1. | Restrictions on the private life of members of police forces |
2. | Effect of disciplinary action on pay and allowances |
3. | Replacement allowance |
4. | Revocation and savings |
(3) 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.
Interpretation
3.
- (1) In these Regulations -
(2) In these Regulations, a reference to a police force shall include a reference to the Police Service of Northern Ireland and a police force maintained under the Police (Scotland) Act 1967[14], so, however, that nothing in these Regulations shall be construed as relating to the government, administration or conditions of service of the Police Service of Northern Ireland 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[15], 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.
(2) In its application to the metropolitan police force, paragraph (1) shall have effect as if -
(3) In its application to the City of London police force (in respect of which a Commissioner of the City of London Police is appointed under the Acts relating to that force) paragraph (1) shall have effect as if -
Part-time appointments
5.
- (1) A chief officer may, after consultation with local representatives of the representative bodies, appoint persons to perform part-time service in any rank.
(2) In these Regulations a person appointed to perform part-time service includes a person appointed to share a job with another person.
(3) A person appointed to perform part-time service may not be appointed to serve as a full-time member without his consent.
(4) A person appointed to perform part-time service immediately after serving as a full-time member may give notice in writing of his intention to be re-appointed as a full-time member and shall be so appointed -
(5) A person serving as a full-time member of a police force may not be appointed to perform part-time service without his consent.
(6) In this regulation "full-time member" means a member appointed otherwise than under this regulation.
(7) In relation to persons appointed under this regulation to perform part-time service:
Restrictions on the private life of members
6.
- (1) The restrictions on private life contained in Schedule 1 shall apply to all members of a police force.
(2) 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 on the private life of members of a police force except -
(3) Any restriction temporarily imposed under paragraph (2) shall be reported forthwith to the Secretary of State.
Business interests incompatible with membership of a police force
7.
- (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 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 shall determine whether or not the interest in question is compatible with the member concerned remaining a member of the force and, within 28 days of the receipt of that notice, 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 forthwith require the chief officer to submit to them, within the next following 10 days, a notice setting out the reasons for his decision and copies of any documents on which he relies in support of that decision; and the police authority shall send to the member concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.
(5) Where a member of a police force has appealed to the police authority under paragraph (3) the police authority shall, within 28 days of receiving his comments on the notice and any other documents submitted by the chief officer under paragraph (4), or of the expiration of the period afforded for making comments if none have by then been received, give him written notice of their determination of the appeal but, where they have upheld the decision of the chief officer 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 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 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.
Business interests: supplementary
8.
- (1) For the purposes of regulation 7, a member of a police force or, as the case may be, a relative included in his family, shall have a business interest if -
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.
(2) The licence or permit referred to in paragraph (1)(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.
(3) If a member of a police force or a relative included in his family has a business interest within the meaning of regulation 7 and, on that interest being notified or disclosed as mentioned in regulation 7(1), the chief officer 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, regulation 7 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.
(4) In its application to a chief constable, deputy chief constable or assistant chief constable, regulation 7 and this regulation shall have effect as if -
but a police authority shall not dispense with the services of a chief constable, deputy chief constable or assistant chief constable under regulation 7 without giving him an opportunity of making representations and shall consider any representations so made.
(5) In its application to a member of the metropolitan police force, regulation 7 and this regulation shall have effect as if for any reference to the chief officer there were substituted a reference to an assistant commissioner of police of the metropolis; except that nothing in this paragraph shall affect the power of the commissioner, subject to the approval of the police authority, to dispense with the services of a member of the metropolitan police force in pursuance of regulation 7(6).
Business interests precluding appointment to a police force
9.
- (1) Save in so far as the chief officer 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 7, and paragraphs (1) and (2) of regulation 8 shall apply for the purposes of the interpretation of this regulation as they apply for the purposes of regulation 7.
(2) In its application to a candidate for appointment as chief officer, deputy chief constable or assistant chief constable, paragraph (1) shall have effect as if for any reference to the chief officer there were substituted a reference to the police authority.
Qualifications for appointment to a police force
10.
- (1) A candidate for appointment to a police force -
(2) A candidate for appointment to a police force shall be given a notice in terms approved by the Secretary of State drawing attention to the terms and conditions of service which shall be contained therein.
(3) For the purposes of this regulation -
Appointment of senior officers
11.
- (1) Subject to section 11(1) of the Act and regulations 9 and 10, no person shall be appointed as a chief constable of a police force unless he holds or has held such rank and for such period as the Secretary of State shall determine in respect of such appointments.
(2) An appointment on or after 1st April 2003 to the rank of -
shall be for a fixed term. The Secretary of State shall determine the range within which a fixed term must fall and the circumstances in which a fixed term appointment may be extended.
(3) Paragraph (2) is without prejudice to any provision whereby a term of appointment comes to an end on promotion, dismissal, the conclusion of disciplinary proceedings or transfer to another police force and regulation 14 (retirement).
(4) The Secretary of State shall determine the circumstances in which a vacancy in a rank specified in paragraph (2) shall be advertised; if a vacancy is to be advertised, the advertisement shall contain such detail and be published in such manner as the Secretary of State may determine. The Secretary of State may determine that no appointment shall be made until after a date to be specified in the advertisement.
Probationary service in the rank of constable
12.
- (1) Subject to paragraphs (2) and (3), 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, shall be on probation for such period as the Secretary of State shall determine in respect of such appointments.
(2) In making a determination under paragraph (1), the Secretary of State may, subject to paragraph (3), confer on the chief officer discretion to determine the required period of probation in a particular case.
(3) For the purposes of a determination under paragraph (1), the periods to be counted or disregarded in reckoning service shall be such as may be determined by the Secretary of State.
Discharge of probationer
13.
- (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 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 notice or 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
14.
Members of a police force may retire in such circumstances as shall be determined by the Secretary of State, and in making such a determination the Secretary of State may -
Contents of personal records
15.
- (1) The chief officer of a police force shall cause a personal record of each member of the police force to be kept.
(2) The personal record shall contain -
(3) The record of service kept in accordance with paragraph (2)(g) shall include particulars of all promotions, postings, removals, injuries received, periods of illness, commendations, rewards, sanctions other than cautions imposed under regulation 31 of the Police (Conduct) Regulations 1999[20] or under regulation 17 of the Police (Efficiency) Regulations 1999[21] but, subject to paragraph (4) -
(4) In the case of a period free from sanction other than a caution which expired before 1st January 1989, a sanction shall be expunged under paragraph (3) only if the member so requests.
(5) Where following a review of a sanction imposed under regulation 31 of the Police (Conduct) Regulations 1999 or under regulation 17 of the Police (Efficiency) Regulations 1999 the reviewing officer substitutes for the decision of the conduct hearing or, as the case may be, inefficiency hearing a decision that the member concerned had not failed to meet the appropriate standard or, as the case may be, that the performance or attendance of the member concerned was not unsatisfactory, the sanction imposed by that hearing shall be expunged forthwith.
(6) A member of a police force shall, if he so requests, be entitled to inspect his personal record.
Transfer of personal records
16.
Where a member of a police force transfers to another police force his personal record shall be transferred to the chief officer of that other police force.
Personal record of member leaving force
17.
- (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.
(2) The chief officer may append to the certificate any recommendation which he feels justified in giving, such as that -
(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 officer may think fit and shall then be destroyed.
Fingerprints
18.
- (1) Every member of a police force shall in accordance with the directions of the chief officer 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 that other police force.
Samples
19.
- (1) Every member of a police force, except those members appointed following their transfer from another police force, shall on appointment and in accordance with the directions of the chief officer have a sample taken.
(2) Samples or the information derived from samples of members of a police force taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with section 63 of the Police and Criminal Evidence Act 1984[22].
(3) The samples or information derived from samples of a member of a police force taken in accordance with this regulation, and all copies and records thereof shall be destroyed on his ceasing to be a member of that police force except by reason of a transfer to another force.
(4) In this regulation "sample" means -
except that where the former force was the 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 -
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 -
(5) In this regulation, "present force" and "former force" mean, respectively, the force first mentioned and that secondly mentioned in paragraph (1).
Duty
22.
- (1) The Secretary of State shall determine -
(2) In making a determination under paragraph (1)(a) the Secretary of State may confer on the chief officer discretion to fix the time at which a period commences for the purposes of the determination and may determine the conditions subject to which that discretion is to be exercised.
(3) In making a determination under paragraph (1)(e) the Secretary of State may -
(4) In this regulation "travelling time" means time spent by a member of a police force in travelling to and from his home -
Meetings of Police Federation treated as police duty
23.
- (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, 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.
as he thinks fit.
(2) Subject to regulations 42, 43 and 44 and section 97(3) of the Act, in reckoning the service of a member of a police force in any rank for the purposes 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.
(3) For the purposes of this regulation in reckoning a member's service in any rank -
and where that member has, at the beginning of the eleventh week before the expected date of birth of the member's child, as given in accordance with a determination under regulation 33(7), served continuously as a member of a police force for a period of not less than a year, account shall be taken of any period (not being a period of which account has been taken under paragraph (i) or (ii)) spent on maternity leave during the period of 29 weeks beginning with the week in which the child is born;
(g) account shall be taken of any period of parental leave taken in accordance with a determination under regulation 33(8)(b);
and, in the case of a member of a police force of a rank higher than that of chief inspector, paragraph (2) 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.
(4) Nothing in this regulation shall affect the operation of any provisions of the Conduct Regulations and, in relation to a member of a police force suspended or fined thereunder the provisions of paragraphs 1 and 3 of Schedule 2 or of paragraph 4 thereof shall have effect.
(5) A determination under paragraph (1) shall have effect in relation to a university scholar subject to the provisions of any determination for the time being in force under regulation 32.
Overtime
25.
- (1) Subject to the provisions of this regulation, the Secretary of State shall determine the circumstances and manner in which a member of a police force shall be compensated in respect of time -
and such time is referred to in these Regulations as "overtime".
(2) For the purposes of this regulation -
(3) In making a determination under paragraph (1), the Secretary of State may confer on the chief officer discretion -
Public holidays and rest days
26.
- (1) The Secretary of State shall determine the circumstances and manner in which a member of a police force shall be granted leave or otherwise compensated in respect of time spent on duty on -
and in this regulation "rostered rest day", in relation to a member of a police force who is required to do duty on that day, means 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.
(2) In making a determination under paragraph (1) the Secretary of State may confer on the chief officer discretion -
Temporary salary and temporary promotion
27.
The Secretary of State shall determine -
Sick pay
28.
The Secretary of State shall determine the entitlement of members of police forces to pay during periods of sick leave taken in accordance with a determination under regulation 33(5), and in making such a determination the Secretary of State may confer on the chief officer discretion to allow a member of a police force to receive more pay than that specified in the determination.
Maternity pay
29.
The Secretary of State shall determine the entitlement of female members of police forces to pay during periods of maternity leave.
Fixing of pay day and calculation of monthly, weekly and daily pay
30.
- (1) The intervals at which members of a police force are to be paid shall be fixed by the police authority in accordance with such rules as the Secretary of State may determine.
(2) The Secretary of State shall determine the manner of calculating monthly, weekly and daily pay.
Deductions from pay of social security benefits and statutory sick pay
31.
- (1) There shall be deducted from the pay of a member of a police force who is in receipt of full pay -
and for the purposes of sub-paragraph (a) any increase for adult and child dependants shall be treated as forming part of the benefit or allowance to which it relates.
(2) For the purposes of this regulation, a female member of a police force who as a married woman or widow has elected to pay contributions under section 19 of the Social Security Contributions and Benefits Act 1992 at the reduced rate, shall be deemed to be entitled to any social security benefits mentioned in paragraph (1) to which she would have been entitled had she not elected to contribute at the reduced rate.
(3) In this regulation, "full pay" means pay at the rate ascertained from regulation 24 and the determination made thereunder.
University scholars
32.
The Secretary of State shall determine how Part 3 and this Part of these Regulations and any determination made thereunder shall have effect in relation to a university scholar, and in making such a determination the Secretary of State may confer on the police authority discretion to determine whether or not the conditions subject to which a university scholar is entitled to any payment under this Part are met.
(3) In a determination under paragraph (1) the Secretary of State shall make provision for the compensation of a member of a police force for being recalled to duty during a period of annual leave granted under this regulation.
(4) Annual leave granted under this regulation shall be additional to the days on which the member is not required to perform police duties in accordance with a determination under regulation 26.
(5) A member of a police force shall not be entitled to be absent from duty on account of injury or illness otherwise than in such circumstances as shall be determined by the Secretary of State, and in making such a determination the Secretary of State may confer on the police authority power to appoint, or approve the appointment of, a medical practitioner for the purposes of any function to be carried out under the determination.
(6) A female member of a police force who is pregnant shall, in such circumstances as shall be determined by the Secretary of State, have the right not to be unreasonably refused special leave from duty to enable her to keep an appointment for the purpose of receiving antenatal care.
(7) A female member of a police force qualifies for maternity leave in such circumstances as shall be determined by the Secretary of State.
(8) A member of a police force shall, so far as the exigencies of duty permit, be granted such -
in such circumstances, as the Secretary of State shall determine; and in this paragraph "maternity support leave" means leave to enable support to be given to an expectant mother at or around the time of birth.
(9) A member of a police force shall, so far as the exigencies of duty permit, be entitled to be permitted to take a reasonable amount of time off during periods of duty in order to take such action, and for such purposes, in respect of a dependant of that member, and subject to such conditions, as shall be determined by the Secretary of State; and for this purpose the Secretary of State may determine the meaning of "dependant" in relation to members of a police force.
(10) The Secretary of State may determine that any period of leave or time off taken in accordance with a determination under paragraph (1), (6), (8) or (9) shall be treated as a period of duty.
(11) Paragraph (5) and any determination thereunder shall apply to a member who is in quarantine as it applies to a member who is ill subject, in the case of such a determination, to such modifications as may be determined by the Secretary of State.
such functions -
as he thinks fit.
(2) No allowances shall be paid to a member of a police force except as provided by or under 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.
(3) 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 and no determination has been made under regulation 35.
Expenses
35.
- (1) The Secretary of State shall determine the entitlement of members of a police force to reimbursement of any expenses incurred by such a member in or in connection with the execution of his duty.
(2) Where, in making a determination under paragraph (1), the Secretary of State specifies conditions subject to which expenses are to be reimbursed, he may in that determination confer on -
such functions in relation to those conditions as he thinks fit.
Continuance of allowances when member ill
36.
If a member of a police force who is regularly in receipt of an 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.
Allowances in respect of periods of suspension
37.
This Part of these Regulations shall have effect in relation to a member of a police force suspended under the Conduct Regulations, subject to the provisions of paragraphs 2 and 3 of Schedule 2.
Replacement allowance
38.
Schedule 3 shall have effect.
Restriction on payments for private employment of police
39.
Without prejudice to the generality of regulation 34(2), 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 for the member's services shall not be entitled to any payment for those services except as provided by or under these Regulations; and any payments made in pursuance of that agreement shall be made by that person to the police authority.
Reckoning of service in an airport constabulary
43.
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[31] then, for the purposes of regulation 24, 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
44.
- (1) A member of a police force of the rank of constable shall be entitled to reckon for the purposes of pay for that rank the following periods of service, that is to say, any period of -
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 -
(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 -
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 -
(5) A certificate given by or on behalf of the Minister of Overseas Development before 12th November 1970, shall be treated for the purposes of paragraph (2) as if it had been given by or on behalf of the Secretary of State.
shall not, by virtue of regulation 24, 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 (Conduct) (Senior Officers) Regulations 1999[36], sub-paragraph (1)(b) shall have effect as if for the words after "unknown" there were substituted "to the police authority".
2.
Subject to paragraph 3, a member of a police force suspended under the Conduct Regulations shall not, by virtue of Part 6 of these Regulations, be entitled to any allowance, in respect of the period of suspension, other than -
3.
Where a member of a police force returns to duty when the period of suspension comes to an end and -
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 Conduct 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.
(3) Where a member of a police force in Scotland or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.
(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.
(5) "Re-joining member" means a member of a police force who by reason only of a relevant absence is not a qualifying member.
(6) "Relevant absence" means -
ending after 31st August 1994.
(7) "Housing emoluments" means a housing allowance paid to members of the British Transport Police Force or any one or more of the following kinds of payments under the revoked provisions[37] as they had effect before 1st September 1994 -
and in relation to a re-joining member includes a rent allowance under regulation 49 as it had effect before 1st April 1990; and "housing allowance" and "transitional rent allowance" mean respectively the allowances mentioned in (a) and (b) above.
(8) "The revoked provisions" means the provisions of the 1987 Regulations relating to housing and housing payments that were revoked on 1st September 1994, that is to say regulations 49 to 52, 52B and 72, paragraphs 16 to 18 of Schedule lA and paragraph 4(1) and (2) of Schedule 4[38].
(9) "The 1987 Regulations" means the Police Regulations 1987[39].
Qualifying member previously provided with accommodation
2.
- (1) A qualifying member who ceases to occupy a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance.
(2) The replacement allowance is, subject to paragraph 7, an allowance at a rate equal to the total of -
Qualifying member with housing emoluments
3.
- (1) A qualifying member who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless he is provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.
Re-joining member previously provided with accommodation
4.
- (1) A re-joining member who immediately before the relevant absence began was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7, an allowance at the rate at which, if he had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable -
Re-joining member previously in receipt of housing payments
5.
- (1) A re-joining member who immediately before the relevant absence began was in receipt -
becomes entitled to a replacement allowance unless he is provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7, an allowance -
immediately before the relevant absence began.
Members provided with house or quarters
6.
A qualifying member or a re-joining member who -
is, subject to paragraph 7, entitled to an equivalent replacement allowance.
Variation and termination of replacement allowances
7.
- (1) Subject to sub-paragraph (2), in circumstances in which -
would, if the revoked provisions had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of discontinuance would have been that no housing emoluments remained payable, terminated.
(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member's being married to or sharing accommodation with another member of a police force appointed after 31st August 1994.
(3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 49A of the 1987 Regulations (which provided for biennial adjustment of housing allowances), or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.
Instruments Revoked | References | Extent of revocation |
The Police Regulations 1995 | S.I. 1995/215 | The whole Regulations |
The Police (Amendment) Regulations 1995 | S.I. 1995/547 | The whole Regulations |
The Police (Amendment No. 2) Regulations 1995 | S.I. 1995/2020 | The whole Regulations |
The Police (Amendment) Regulations 1996 | S.I. 1996/699 | The whole Regulations |
The Police (Amendment) Regulations 1998 | S.I. 1998/493 | The whole Regulations |
The Police Pensions (Amendment) Regulations 1998 | S.I. 1998/577 | Regulation 5(4) |
The Police (Efficiency) Regulations 1999 | S.I. 1999/732 | Regulation 23 |
The Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000 | S.I. 2000/1549 | Article 4 |
The Police (Amendment) Regulations 2000 | S.I. 2000/2013 | The whole Regulations |
The Police (Amendment) Regulations 2001 | S.I. 2001/3293 | The whole Regulations |
The Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 2001 | S.I. 2001/3888 | Regulation 3 |
The Police (Amendment) Regulations 2002 | S.I. 2002/1758 | The whole Regulations |
The Police (Amendment) (No.2) Regulations 2002 | S.I. 2002/2529 | The whole Regulations |
The Police (Amendment) (No.3) Regulations 2002 | S.I. 2002/3162 | The whole Regulations |
[8] 1994 c. 29. The relevant amendment is made by section 14 of the 1994 Act.back
[16] The current members of the European Economic Area are Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, The Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom.back
[17] OJ, No. L1, 3.1.94, p3.back
[18] OJ, No. L1, 3.1.94, p571.back
[26] Section 53C was inserted by section 26 of the Police and Magistrates' Courts Act 1994.back
[38] Regulations 49, 49A, 49B, 49C, 49D, 50 and 51 were inserted by S.I. 1990/1127, 1990/1573 and 1993/1198; regulation 52B was substituted by S.I. 1994/1308; regulations 52 and 72 and paragraph 4(1) and (2) of Schedule 4 were amended by S.I. 1990/401; and paragraphs 16 to 18 of Schedule 1A were inserted by S.I. 1992/1278.back
[40] S.I. 1987/851; regulation 8A was inserted by S.I. 1992/1278.back
© Crown copyright 2003 | Prepared 28 March 2003 |