The Police Regulations 2003 [UK]

KEYWORDS:- POLICE REGULATION-UK- UNITED KINGDOM-

2018 JANUARY EDITION

-Introductory Text-

STATUTORY INSTRUMENTS

2003 No. 527

POLICE, ENGLANDEngland In England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”. & WALES

The Police Regulations 2003

 

PART 1 COMMENCEMENT AND INTERPRETATION

1.Citation, commencement and extent

(1) These Regulations may be cited as the Police Regulations 2003 and shall come into force on 1st April 2003.

(2) These Regulations extend to England and Wales.

2.References to transfers

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

(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(1), the Police Act 1946(2), the Local Government Act 1958(3), the London Government Act 1963(4), the Police Act 1964(5) (including that Act as amended by the Police and Magistrates’ Courts Act 1994(6)), the Local Government Act 1972(7), the Local Government Act 1992(8) or the Police Act 1996;

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

(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.

3.Interpretation

(1) In these Regulations—

“Act” means the Police Act 1996;

“British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949(1);

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

“chief officer” means chief officer of police;

“Conduct Regulations” means the regulations relating to conduct from timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) to time in force under section 50 of the Act;

“maternity leave” means leave taken in accordance with a determination under regulation 33(7);

“member of a police force” includes such a member who is suspended under the Conduct 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(2);

“Promotion Regulations” means the regulations relating to qualification and selection for promotion from time to time in force under section 50 of the Act;

“public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or a Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;

“the representative bodies” means the Police Federation for England and Wales and all bodies for the time being recognised by the Secretary of State for the purposes of section 64 of the Act;

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

“university scholar” means a member of a police force on a course of university study nominated by the Secretary of State or by the police authority maintaining the police force of which he is a member following arrangements approved by the Secretary of State.

(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(3), 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(4), 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.

PART 2 GOVERNMENT

4.Ranks

(1) Subject to paragraphs (2) and (3), the ranks of a police force shall be known by the following designations—

• Chief Constable;

• Deputy Chief Constable;

• Assistant Chief Constable;

• Chief Superintendent;

• Superintendent;

• Chief Inspector;

• Inspector;

• Sergeant;

• Constable.

(2) In its application to the metropolitan police force, paragraph (1) shall have effect as if—

(a)the references to Chief Constable, Deputy Chief Constable and Assistant Chief Constable were omitted; and

(b)there were references to Commissioner, Deputy Commissioner, Assistant Commissioner and Deputy Assistant Commissioner of Police of the Metropolis and to Commander.

(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—

(a)the references to Chief Constable, Deputy Chief Constable and Assistant Chief Constable were omitted; and

(b)there were references to Assistant Commissioner and Commander.

5.Part-time appointments

(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—

(a)within one month of the date the notice is received by the police authority, where the authority has a suitable vacancy, or
(b)except where sub-paragraph (a) applies, when 3 months have elapsed since the day the notice was received, or from an earlier date if reasonably practicable.
(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:

(a)regulation 12 has effect as if the words “, other than such a member who transferred to the force from another police force having completed the required period of probation therein,” were omitted; and
(b)regulation 25 has effect as if—
(i)in paragraph (1) for all the words after “compensated in respect of time” there were substituted “spent on duty in excess of such period as the Secretary of State may determine”; and (ii)paragraph (2) were omitted.

6.Restrictions on the private life of members

(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—

(a)such as may temporarily be necessary, or
(b)such as may be approved by the Secretary of State after consultation with the Police Advisory Board for England and Wales.
(3) Any restriction temporarily imposed under paragraph (2) shall be reported forthwith to the Secretary of State.

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

(1) A candidate for appointment to a police force—

(a)must, if not a national of a State which is a Contracting Party(1) to the AgreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th March 1993(3), have leave to enter or remain in the United Kingdom for an indefinite period;
(b)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;
(c)must have attained the age of 18 years 6 months;
(d)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;
(e)must meet the standard of eyesight determined by the Secretary of State;
(f)must, if a candidate for appointment in the rank of constable, satisfy the chief officer that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be approved by the Secretary of State;
(g)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;
(h)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.
(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—

(a)“armed forces” means the naval, military or air forces of the Crown including any women’s service administered by the Defence Council, and
(b)“seaman” has the same meaning as in the Merchant Shipping Act 1995(4).

11.Appointment of senior officers

(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—

(a)chief constable, deputy chief constable or assistant chief constable in a police force maintained under section 2 of the Act;
(b)commissioner, deputy commissioner, assistant commissioner, deputy assistant commissioner or commander in the metropolitan police force; or
(c)assistant commissioner or commander in the City of London police force,
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.

12.Probationary service in the rank of constable

(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.

13.Discharge of probationer

14.Retirement

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—

(a)require such notice of intention to retire as may be specified in the determination, or such shorter notice as may have been accepted by the police authority, to be given to that authority,

(b)require the consent of the chief officer to be obtained before giving such notice.

15.Contents of personal records

16.Transfer of personal records

17.Personal record of member leaving force

18.Fingerprints

19.Samples

PART 3 DUTY

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

PART 4 PAY

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

PART 5 LEAVE

33.Leave

PART 6 ALLOWANCES AND EXPENSES

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

PART 7 RECKONING OF SERVICE

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

 UNIFORM AND EQUIPMENT

45.Issue of uniform and equipment

PART 9 DETERMINATIONS

46.Determinations

PART 10 REVOCATIONS AND SAVINGS

47.Revocations and savings

Signature

SCHEDULE 1 RESTRICTIONS 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.

3.—(1) A member of a police force shall not, without the previous consent of the chief officer, 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, receive a lodger in a house in which he resides and in respect of which he receives an allowance under Schedule 3 or sub-let any part of such a house.

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

SCHEDULE 2  EFFECT OF DISCIPLINARY ACTION ON PAY AND ALLOWANCES

1.—(1) Subject to paragraph 3, a member of a police force suspended under the Conduct 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(1) 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 (or an assistant chief officer acting as chief officer),
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(2), 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—

(a)an allowance under Schedule 3; or
(b)in the case of a member to whom paragraph 1(1) does not apply, such allowance as the Secretary of State may determine.
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 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.

SCHEDULE 3 REPLACEMENT ALLOWANCE
SCHEDULE 4 REVOCATIONS AND SAVINGS

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