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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Police Service of Northern Ireland Regulations 2005 No. 547 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050547.html |
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Made | 1st December 2005 | ||
Coming into operation | 13th January 2006 |
1. | Citation and commencement |
2. | Revocations |
3. | Interpretation |
4. | Ranks |
5. | Part-time appointments |
6. | Restrictions on the private life of members |
7. | Business interests incompatible with membership of the police service |
8. | Business interests: supplementary |
9. | Business interests precluding appointment to the police service |
10. | Qualifications for appointment (where no service as police trainee) |
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 records of member leaving the police service |
18. | Fingerprints |
19. | Samples |
20. | Duty to carry out lawful orders |
21. | Duty |
22. | Meetings of Police Association treated as police duty |
23. | Pay |
24. | Overtime |
25. | Public holidays and rest days |
26. | Temporary salary and temporary promotion |
27. | Sick pay |
28. | Pay during periods of maternity leave, adoption leave etc. |
29. | Fixing of pay day and calculation of monthly, weekly and daily pay |
30. | Deductions from pay of social security benefits and statutory sick pay |
31. | University scholars |
32. | Leave |
33. | Allowances |
34. | Expenses |
35. | Continuance of allowances when member ill |
36. | Allowances in respect of periods of suspension |
37. | Replacement allowance |
38. | Restriction on payments for private employment of police |
39. | Reckoning of service of constables who have served as police trainees |
40. | Reckoning of service in police force in Great Britain |
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 |
SCHEDULE 1— | Restrictions on the private life of members |
SCHEDULE 2— | Criminal convictions etc. |
SCHEDULE 3— | Effect of disciplinary action on pay and Allowances |
SCHEDULE 4— | Replacement Allowance |
Interpretation
3.
—(1) In these regulations, unless the context otherwise requires—
(2) Nothing in these regulations shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.
(3) In these regulations a reference to another police force, or to a police force in Great Britain, shall include a reference to the National Crime Squad, and a reference to the chief officer of police of such a force shall include a reference to the Director General of the National Crime Squad.
Part-time appointments
5.
—(1) The Chief Constable may, after consultation with the Police Association, 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 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.
(2) No restrictions, other than those designed to secure the proper exercise of the functions of a constable, shall be imposed by the Chief Constable on the private life of members, except—
(3) Any restriction temporarily imposed under paragraph (2)(a) shall be reported forthwith to the Secretary of State.
Business interests incompatible with membership of the police service
7.
—(1) If a member 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 Constable unless that business interest was disclosed at or before the time of his appointment as a member.
(2) If a member is or becomes aware that a relative proposes to have, or has, a business interest within the meaning of this regulation which in the opinion of that member interferes, or could be seen as interfering with, the impartial discharge of his duties, then that member shall forthwith give written notice of that interest to the Chief Constable unless that business interest was disclosed at the time of his appointment as a member.
(3) In a case where it appears to the Board that—
(4) On receipt of a notice given under paragraphs (1), (2) or a referral given under paragraph (3) the Chief Constable shall determine whether or not the interest in question is compatible with the member concerned remaining a member and, within 28 days of the receipt of that notice, or, as the case may be, that referral, shall notify the member in writing of his decision.
(5) Within 10 days of being notified of the Chief Constable's decision as aforesaid, or within such longer period as the Board may in all the circumstances allow, the member concerned may appeal to the Board against that decision by sending written notice of his appeal to the Board.
(6) Upon receipt of such notice, the Board shall forthwith require the Chief Constable to submit to it, 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 Board shall send to the member concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.
(7) Where a member has appealed to the Board under paragraph (5) the Board shall, subject to paragraph (3), within 28 days of receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (6), 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.
(8) Where, on an appeal by a member under paragraph (5)—
the matter shall be so referred and, unless and until the determination of the Board 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 (9).
(9) Where a member, or a relative, has a business interest within the meaning of this regulation which the Chief Constable has determined, under paragraph (4), to be incompatible with his remaining a member and either the member has not appealed against that decision under paragraph (5) or, subject to paragraph (8), on such appeal, the Board has upheld that decision, then, the Chief Constable may, subject to the approval of the Board dispense with the services of that member; and before giving such approval, the Board shall give the member concerned an opportunity to make representations and shall consider any representations so made.
(10) For the purposes of this regulation, regulation 8 and regulation 9 "relative", in relation to a member means—
and includes, in relation to a member who is living or has lived with another person as husband and wife, any person who would fall within paragraph (a) or (b) if the parties were married to each other.
Business interests: supplementary
8.
—(1) For the purposes of regulation 7, a member or, as the case may be, a relative, shall have a business interest if—
(2) The licence or permit referred to in paragraph (1)(b) 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 Northern Ireland.
(3) If a member or a relative 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 Constable 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 senior officer, regulation 7 and this regulation shall have effect as if—
but the Board shall not dispense with the services of a senior officer under regulation 7 without giving him an opportunity of making representations and shall consider any representations so made.
Business interests precluding appointment to the police service
9.
—(1) Save in so far as the Chief Constable may allow at the request of the candidate concerned, a person shall not be eligible for appointment to the police service if he or a relative 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 a senior officer, paragraph (1) shall have effect as if for any reference to the Chief Constable there were substituted a reference to the Board.
Qualifications for appointment (where no service as police trainee)
10.
—(1) A candidate for appointment to the police service, other than a person who has completed a period of service as a police trainee, shall—
(2) A candidate for appointment to the police service 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 35(1) of the Police (Northern Ireland) Act 2000[20] and regulations 9 and 10, no person shall be appointed as Chief Constable of the police service unless he holds or has held such rank, in such force and for such period, as the Secretary of State shall determine in respect of such an appointment.
(2) An appointment of a person as Chief Constable or deputy Chief Constable of the police service shall be for a fixed term.
(3) The Secretary of State shall determine—
(4) In determining the length of such an appointment, the Secretary of State shall consider the views of the Board.
(5) Paragraphs (2) to (4) are 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).
(6) The Secretary of State shall determine the circumstances in which a vacancy for a senior officer shall be advertised.
(7) Where a vacancy for a senior officer is to be advertised—
Probationary service in the rank of constable
12.
—(1) Subject to paragraphs (2) and (3), a member appointed in the rank of constable, other than a member who, having completed the required period of probation in a police force in Great Britain, left that force to become a police trainee, 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 Constable 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 police service the services of a constable may be dispensed with at any time if the Chief Constable 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 of this regulation shall cease to have effect if he gives written notice to the Chief Constable of his intention to retire and retires in pursuance of that notice on or before the date on which his services would otherwise be dispensed with; and such a notice taking effect on that date shall be accepted by the Chief Constable notwithstanding that less than a month's notice is given.
(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)—
Retirement
14.
Members 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 Constable shall cause personal records of each member to be kept.
(2) The personal records shall contain—
(3) The record of service kept in accordance with paragraph (2)(h) shall include particulars of all promotions, postings, removals, injuries received, periods of illness, commendations, rewards and sanctions (other than cautions) imposed under the regulations specified in paragraph (4).
(4) The regulations referred to in paragraph (3) are—
(5) Subject to paragraph (6), a sanction shall be expunged from a member's personal record—
(6) 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 (5) only if the member so requests.
(7) Where following a review of a sanction imposed under regulation 31 of the Royal Ulster Constabulary (Conduct) Regulations 2000 or regulation 17 of the Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000, the reviewing officer substitutes for the decision of the conduct hearing or, as the case may be, unsatisfactory performance 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.
(8) A member shall, if he so requests, be entitled to inspect his personal records.
Transfer of personal records
16.
Where a member transfers to another police force, his personal records shall be transferred to the chief officer of police of that other police force.
Personal records of member leaving the police service
17.
—(1) Where a member ceases to be a member he shall, unless he transfers to another police force, be given a certificate showing his rank and setting out the period of his service in the police service, any period which he served as a police trainee and any period of service in any other police force.
(2) The Chief Constable may append to the certificate any recommendation which he feels justified in giving, such as that—
(3) Where a member ceases to be a member otherwise than by transferring to another police force, his personal records shall be kept for such time as the Chief Constable may think fit and shall then be destroyed.
Fingerprints
18.
—(1) Every member shall, in accordance with the directions of the Chief Constable, have his fingerprints taken.
(2) Fingerprints of members taken in accordance with paragraph (1) shall be kept separate from the fingerprints of persons whose fingerprints have been taken otherwise than in accordance with that paragraph.
(3) The fingerprints of a member taken in accordance with paragraph (1), and all copies and records of his fingerprints shall, subject to paragraph (4), be destroyed on his ceasing to be a member.
(4) Where by reason of a transfer a member becomes a member of another police force, his fingerprints, and all copies and records of his fingerprints, shall be transferred to the chief officer of police of that other police force.
Samples
19.
—(1) Every member, except those members appointed following their transfer from a police force in Great Britain, shall on appointment and in accordance with the directions of the Chief Constable have a sample taken.
(2) Samples or the information derived from samples of members taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with Article 63 of the Police and Criminal Evidence (Northern Ireland) Order 1989[25]).
(3) The samples or information derived from samples of a member taken in accordance with this regulation, and all copies and records thereof shall be destroyed on his ceasing to be a member except by reason of a transfer to a police force in Great Britain.
(4) In this regulation "sample" means—
(2) In making a determination under paragraph (1)(a) the Secretary of State may confer on the Chief Constable 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 confer on the Chief Constable discretion to fix—
(4) In this regulation "travelling time" means time spent by a member in travelling to and from his home—
Meetings of Police Association treated as police duty
22.
—(1) The attendance of a member at one of the following meetings of the Police Association shall be treated as an occasion of police duty—
(b) in the case of the Superintendents' Association—
(c) in the case of the Chief Police Officers' Staff Association—
(2) The attendance of a member at the annual meeting of the Joint Central Committee with the Joint Central Committee of the Scottish Police Federation and Joint Central Committee of the Police Federation of England and Wales, shall be treated as an occasion of police duty.
(3) Subject to the approval of the Secretary of State, after consultation with the Chief Constable, the attendance of a member at a meeting of the Police Association, other than such a meeting as is mentioned in paragraphs (1 or 2), shall be treated as an occasion of police duty.
as he thinks fit.
(2) Subject to regulations 39 to 44 and section 27(3) of the Act, in reckoning the service of a member in any rank for the purposes of pay, account shall be taken of all his service in that rank; 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 14th week before the expected date of birth of the member's child, as given in accordance with a determination under regulation 32(7), served continuously as a member for a period of not less than 26 weeks, 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) in the case of a member who has taken one or more periods of maternity support leave, adoption support leave or parental leave, account shall be taken of any period of such leave taken in accordance with a determination under regulation 32(8)(c),(b) and (d);
(h) in the case of a member who has taken one or more periods of adoption leave in accordance with a determination under regulation 32(8)(c)—
and where that member has, at the end of the week in which they are notified of being matched with a child for adoption, served continuously as a member for a period of not less than 26 weeks, account shall be taken of any period spent on adoption leave during the period of 26 weeks beginning with the week in which the child is placed with the officer for adoption;
and, in the case of a member 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 the police service.
(4) Nothing in this regulation shall affect the operation of any provisions of the Conduct Regulations and, in relation to a member suspended or fined thereunder the provisions of paragraphs 1 and 3 of Schedule 3 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 31.
Overtime
24.
—(1) Subject to the provisions of this regulation, the Secretary of State shall determine the circumstances and manner in which a member 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 Constable discretion—
Public holidays and rest days
25.
—(1) The Secretary of State shall determine the circumstances and manner in which a member 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 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 Constable discretion—
Temporary salary and temporary promotion
26.
The Secretary of State shall determine—
Sick pay
27.
The Secretary of State shall determine the entitlement of members to pay during periods of sick leave taken in accordance with a determination under regulation 32(5), and in making such a determination the Secretary of State may confer on the Chief Constable discretion to allow a member to receive more pay than that specified in the determination.
Pay during periods of maternity leave, adoption leave etc.
28.
—(1) The Secretary of State shall determine the entitlement of female members to pay during periods of maternity leave.
(2) The Secretary of State shall determine the entitlement of members to pay during periods of—
taken in accordance with a determination under regulation 32(8).
Fixing of pay day and calculation of monthly, weekly and daily pay
29.
—(1) The intervals at which members are to be paid shall be fixed by the Chief Constable 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
30.
—(1) There shall be deducted from the pay of a member 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 to which it relates.
(2) For the purposes of this regulation, a female member who as a married woman or widow has elected to pay contributions under section 19 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 at the reduced rate, shall be deemed to be entitled to any social security benefits mentioned in paragraph (1) to which she would have been entitled had she not elected to contribute at the reduced rate.
(3) In this regulation, "full pay" means pay at the rate ascertained from regulation 23 and the determination made thereunder.
University scholars
31.
The Secretary of State shall determine how Part III and this Part 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 Board 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 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 25.
(5) A member 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 Chief Constable 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 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 qualifies for maternity leave in such circumstances as shall be determined by the Secretary of State.
(8) A member shall, so far as the exigencies of duty permit, be granted such—
in such circumstances, as the Secretary of State shall determine.
(9) In paragraph (8)—
(10) A member 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.
(11) 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 (10) shall be treated as a period of duty.
(12) 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.
(13) The Secretary of State shall determine the circumstances in which a member shall be entitled to take a career break.
(14) The Secretary of State shall determine the circumstances in which a member shall be compensated for untaken annual leave or the Chief Constable shall be compensated for overtaken annual leave when the member ceases to be a member other than on immediate transfer to another police force.
such functions—
as he thinks fit.
(2) No allowances shall be paid to a member 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 in the execution of his duty, being expenses authorised either generally or specifically by the Chief Constable in respect of which no allowance is payable under these regulations and no determination has been made under regulation 34.
Expenses
34.
—(1) The Secretary of State shall determine the entitlement of members 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
35.
If a member who is regularly in receipt of an allowance to meet an expense which ceases during his or her absence from duty is on sick leave or 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 Constable.
Allowances in respect of periods of suspension
36.
This Part shall have effect in relation to a member suspended under the Conduct Regulations, subject to the provisions of paragraphs 2 and 3 of Schedule 3.
Replacement allowance
37.
Schedule 4 shall have effect.
Restriction on payments for private employment of police
38.
Without prejudice to the generality of regulation 33(2), a member who is engaged on duty at the request of any person who has agreed to pay the Chief Constable 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 Chief Constable.
(2) Where a member is appointed to the rank of constable, and on the date of his appointment his period of service in that rank is deemed under paragraph (1) to consist of —
then for the purposes of regulation 23, his period of service as a member of the rank of constable shall be calculated in accordance with paragraph (3) or (4).
(3) So long as the total of—
is less than the period mentioned in paragraph (2)(a), his period of service in the rank of constable shall be deemed to be equal to the period mentioned in paragraph (2)(a).
(4) Beginning with the date on which the total of the periods mentioned in sub-paragraphs (a) and (b) of paragraph (3) equals the period mentioned in paragraph (2)(a), his period of service as a member in the rank of constable shall be deemed to be equal to the total of the periods mentioned in sub-paragraphs (a) and (b) of paragraph (3).
Reckoning of service in police force in Great Britain
40.
—(1) Where a member joined or rejoined the police service having left a police force in Great Britain, on or after 29th June 1970, for that purpose or on exercising the right of reversion conferred by section 27(3) of the Act then, for the purposes of regulation 23, his service in any rank in the police force in Great Britain shall be treated as if it were service in the corresponding rank in the police service:
(2) A member of the rank of constable shall be entitled to reckon, for the purposes of pay for that rank, any period of service in a police force in Great Britain not reckonable under paragraph (1).
(3) In this regulation any reference to a rank corresponding to a rank in the police service is a reference to a rank in a police force in Great Britain, designated by the Secretary of State for the purposes hereof, as the rank corresponding to the rank in question.
Reckoning of service in the British Transport Police Force
41.
—(1) Where a member joined or rejoined the police service having left the British Transport Police Force on or after 1st September 1994, then, for the purposes of regulation 23, his service in any rank in the British Transport Police Force shall be treated as if it were service in the corresponding rank in the police service:
(2) A member of the rank of constable shall be entitled to reckon, for the purposes of pay for that rank, any period of service in the British Transport Police Force not reckonable under paragraph (1).
(3) In this regulation, any reference to a rank corresponding to a rank in the police service is a reference to a rank in the British Transport Police Force 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
42.
—(1) A member of the rank of constable shall be entitled to reckon for the purposes 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—
Reckoning of service in an airport constabulary
43.
Where a member of an aerodrome constabulary has been transferred to the police service by an order under section 30 of the Aviation Security Act 1982[34] then, for the purposes of regulation 23, his service in any rank in that constabulary shall be treated as if it were service in the corresponding rank in the police service.
Reckoning by constables of overseas police service
44.
—(1) A member 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 the police service.
(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—
(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.
(f) he has, within 5 years from the date of his application for appointment as a member, been convicted on three or more occasions arising separately of any other offences under the Road Traffic Orders or any equivalent offences elsewhere; or
(g) he has, within 3 years from the date of his application for appointment as a member, received on three or more occasions a caution or any equivalent elsewhere.
2.
In this Schedule "the Road Traffic Orders" has the meaning assigned by Article 2(2) of the Road Traffic Offenders (Northern Ireland) Order 1996[43].
shall not, by virtue of regulation 23, 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 senior officer, sub-paragraph (1)(b) shall have effect as if for the words after "unknown" there were substituted "to the Board".
2.
Subject to paragraph 3, a member suspended under the Conduct Regulations shall not, by virtue of Part VI of these regulations, be entitled to any allowance, in respect of the period of suspension, other than—
3.
Where a member 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 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 service, 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 England and Wales in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to the police service 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 the police service he shall be treated from the date of his transfer as if he were a qualifying member.
(5) "Re-joining member" means a member 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 as they had effect before 1st September 1994—
and in relation to a re-joining member includes a rent allowance under regulation 40 as it had effect before 1st April 1990; and "housing allowance" and "transitional rent allowance" mean respectively the allowances mentioned in (a) and (b).
(8) "The revoked provisions" means the provisions of the 1984 Regulations relating to housing and housing payments that were revoked on 1st September 1994[46], that is to say regulations 40 to 42 and paragraph 4(1) and (2) of Schedule 4.
Qualifying member previously provided with accommodation
3.
—(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 8, an allowance at a rate equal to the total of—
Qualifying member with housing emoluments
4.
—(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 8, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.
Re-joining member previously provided with accommodation
5.
—(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 8, 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
6.
—(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 8, an allowance—
immediately before the relevant absence began.
Members provided with house or quarters
7.
A qualifying member or a re-joining member who—
is, subject to paragraph 8, entitled to an equivalent replacement allowance.
Variation and termination of replacement allowances
8.
—(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 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 40A of the 1984 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.
[25] S.I. 1989/1341 (N.I. 12)back
[27] S.I. 1994/1898 (N.I. 12)back
[39] S.I. 1989/1341 (N.I. 12)back
[40] S.I. 1981/154 (N.I. 1)back
[41] S.I. 1983/1120 (N.I. 13)back
[42] S.I. 1995/2994 (N.I. 18)back
[43] S.R. 1996/1320 (N.I. 10)back