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Royal Ulster Constabulary Regulations 1996

Type Ni-Statutory-Rule

Publication 1996-10-04

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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

Motor vehicle allowances

54

(1) Where the chief constable is of the opinion that the duties normally performed by a member are of such a nature that it is—

(a) essential, or

(b) desirable,

that the member in question should, at all material times, have a motor vehicle at his disposal, he may authorise that member to use (subject to his directions) a motor vehicle owned by the member for the purposes of duties performed by him and, subject as hereinafter provided, in respect of such use the member shall be paid a motor vehicle allowance.

(2) A motor vehicle allowance shall not be payable in respect of the authorised use of a motor vehicle unless there was in force, in relation thereto, a policy of insurance in terms approved by the Police Authority, in relation to the use in question, for the purposes hereof.

(3) A motor vehicle allowance shall not be payable in respect of the authorised use of a motor car of a cylinder capacity exceeding 500 c.c. unless the member concerned was willing to carry passengers for the purposes of the duties performed by him or, in the case of passengers being members or members of any police force, by those members.

(4) A motor vehicle allowance in respect of the authorised use of a motor car of a cylinder capacity exceeding 500 c.c. shall, subject as aforesaid, be payable—

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

(b) where the chief constable is of the opinion mentioned in paragraph (1)(b), at the casual user’s rate,

as provided in Schedule 9:

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

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

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

(b) a motor bicycle,

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

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

(7) Paragraph 1 of Schedule 9 shall have effect for the purposes of the interpretation of this regulation.

Dog handler’s allowance

55

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

(2) A dog handler’s allowance shall be of an amount determined in accordance with Schedule 10.

(3) For the purposes of this regulation and of Schedule 10, a member shall be treated as keeping and caring for a dog at his home if he would be so doing but for his being on annual leave.

Allowance in respect of medical charges

56

(1) A member, if the charges are incurred by reason of an injury received without his default in the execution of his duty as a constable, shall be reimbursed the normal standard charges incurred in his case under Articles 5, 61, 62, 63 and 98 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00019] (which Articles relate to charges for certain drugs, medicines and appliances and for dental treatment).

(2) For the purposes of the preceding paragraph, the terms “injury” and “injury received in the execution of duty” have the same meanings as they have in the Pensions Regulations.

Allowance for recurring escort duty, etc.

57

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

Continuance of allowances when member ill

58

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

Allowances in respect of periods of suspension

59

This Part shall have effect in relation to a member suspended under the Discipline Regulations, subject to the provisions of paragraphs 2 and 3 of Schedule 7.

University scholars

60

This Part shall have effect in relation to a university scholar, subject to the provisions of paragraph 4 of Schedule 5.

General

61

A member claiming any allowance under this Part shall comply with such directions as may be given by the Police Authority from time to time as to the time and manner of claiming and certification.

Part VI — Uniform and Equipment

Issue of uniform and equipment

62

(1) Uniform and equipment shall be issued by the Police Authority free of charge to sergeants and constables in accordance with the provisions of Schedule 11.

(2) Uniform and equipment may, if the Police Authority so determines, be issued as required to a member of or above the rank of inspector.

Re-issue of uniform and equipment

63

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

Ownership of uniform and equipment

64

Subject to regulation 65, the uniform and equipment issued by the Police Authority shall not become the property of the member to whom they are issued and shall be handed back by him to the Police Authority on his leaving the force.

Replacement of uniform and equipment

65

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

Part VII — Revocations, Savings and Transitional Provisions

Revocations and savings

66

(1) The regulations specified in Part I of Schedule 12 are revoked.

(2) The revocations have effect subject to the savings in Part II of Schedule 12.

Transitional provisions

67

Without prejudice to sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954[^f00020], any appointment, deduction, payment, application, or election made, or approval, direction, consent, certificate or notice given, or any record or list kept, or any rank adopted, or any overtime worked or hours of duty worked on any public holiday or rest day, or any maximum limit fixed, or other thing done under any of the regulations revoked by these regulations or for the purposes thereof shall not be invalidated by the revocations effected by regulation 66, but shall, in so far as it could have been made, given, kept, adopted, worked, fixed or done under a provision of these regulations or for the purposes thereof, have effect as if it had been made, given, kept, adopted, worked, fixed or done under, or for the purposes of, that provision.

SCHEDULE 1 — Modification for part-time service

1

In regulation 2 (meanings assigned to certain expressions, etc.) there shall be inserted after paragraph (3) the following paragraphs—

(4) In relation to a member below the rank of inspector— (a) “the determined hours” are the number of hours which the chief constable has determined, under regulation 20(2) or (4A)(a), as his normal period of duty in a relevant period, (b) “a relevant period” is a period for which a duty roster relating to him has effect, for the time being, under regulation 23, and (c) “the appropriate factor” is $$AB$ where— A is the number of the determined hours, and B is 40 times the number of weeks in the relevant period.$ (5) In relation to a member above the rank of sergeant, the appropriate factor is ½.

2

In regulation 12 (probationary service in the rank of constable)—

(a) in paragraph (1) the words after “constable” shall be omitted;

(b) in paragraph (2) there shall be substituted for the words after “this regulation applies” the words “may be required to serve on probation for such period, not exceeding 2 years and 6 months, as the chief constable determines in the circumstances of a particular case.”; and

3

In regulation 13 (discharge of probationer)—

(a) in paragraph (1) there shall be substituted for the words “his period” the words “any period”; and

(b) there shall be inserted after paragraph (4) the following paragraph—

(4A) For the purposes of this regulation a month’s pay is to be calculated by multiplying one-twelfth of the annual rate ascertained from Schedule 6 by the appropriate factor.

4

In regulation 20 (normal daily period of duty) for paragraphs (2) to (4) there shall be substituted the following paragraphs—

(2) The normal period of duty, in every relevant period, of a member to whom this regulation applies, which is to be performed in accordance with general arrangements made by the chief constable, after consulting the Police Authority and the Police Association, is, subject to paragraph (4A), the total number of hours determined by the chief constable with the agreement of the member at the time of his appointment. (3) For the purposes of paragraph (2) a day of annual leave counts as a period of duty of 8 hours multiplied by the appropriate factor. (4) The chief constable shall review a member’s normal period of duty at intervals of not more than 52 weeks, and in doing so shall have regard to the number of hours actually spent on duty during the interval preceding the review. (4A) After a review under paragraph (4)— (a) any number of hours different from that determined under paragraph (2) which was determined by the chief constable and agreed to by the member becomes the member’s normal period of duty, and (b) if no different number was agreed to by the member, his normal period of duty is the number of hours determined under paragraph (2). (4B) The number of hours determined under paragraph (2) or (4A)(a) must not be less than 16 times the number of weeks in the relevant period. (4C) As far as the exigencies of duty permit, a shift shall consist of one continuous period. (4D) Where in one day a member is on duty for a continuous period of 5 hours or more, an interval for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the Table below.

Number of hours	Refreshment interval
Less than 6 hours	30 minutes
6 hours or more, but less than 7 hours	35 minutes
7 hours or more, but less than 8 hours	40 minutes
8 hours or more	45 minutes

(4E) Where a shift consists of two periods, amounting in total to 5 hours or more, and the member does not travel to and from his home between those periods, an interval for refreshment and rest shall normally be included at the beginning or end of one of them.

5

In regulation 23 (rostering of duties)—

(a) in paragraph (1)—

(i) the word “annual” shall be omitted, and

(ii) after sub-paragraph (b) there shall be inserted the following sub-paragraph—

and (c) a reference to a free day is to be construed as a reference to a day which is not— (i) a day on which a shift is, according to the duty roster, to begin or end, or (ii) a rostered rest day, or (iii) a public holiday.

(b) in paragraph (2) after the word “roster” there shall be inserted the words “(except one relating to a member who has agreed with the chief constable on a different period) shall have effect for a period of 12 months, and”;

(i) for the words “the 12 months following the date on which it comes into force” there shall be substituted the words “the period for which it has effect”,

(ii) after sub-paragraph (a) there shall be inserted—

(aa) his free days;

, and

(iii) in sub-paragraph (c) for the words “his scheduled daily periods of duty are” there shall be substituted the words “each of his shifts is”;

(d) in paragraph (4)—

(i) in sub-paragraph (a) for the words “daily periods of duty” there shall be substituted the words “shifts”, and

(ii) in sub-paragraph (b) before the words “an interval” there shall be inserted the words “unless he has agreed with the chief constable on a longer interval,”; and

(e) in paragraph (5) for the words “daily period of duty” there shall be substituted the word “shift”.

6

For regulation 24 (overtime) there shall be substituted the following regulation—

(24) (1) This regulation applies to a member below the rank of inspector. (2) A member who has been on duty for more than 40 hours in any period of 7 days, beginning with such day as is fixed for the purposes of this regulation by the chief constable (a “relevant week”), is entitled, in respect of any day during that period in which he has been on duty for more than 8 hours (a “long-duty day”), to an allowance at the rate of one-twelfth of an hour’s pay for each completed 15 minutes in excess of 8 hours, except that on each of the first 4 occasions on which overtime, which the member was not told at the beginning of the shift would be required, is worked during a relevant week, 30 minutes of the overtime worked is to be disregarded. (3) A member may, before the end of a pay period (that is to say, a period comprising one of the intervals between payments under regulation 46), elect to be granted time off, instead of an allowance under paragraph (2), in respect of any long-duty day that occurred during a relevant week ending within the pay period. (4) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (3) the chief constable shall, within 3 months after the end of the relevant week, grant him time off equal to the total of— (a) the time in excess of 8 hours spent on duty in the day, or as the case may be in each of the days, in respect of which the election was made, and (b) 15 minutes in respect of each completed 45 minutes of that time. (5) Any time counting for the purposes of regulation 36 (rate of pay) as time spent on duty, except— (a) time for which an allowance is received under paragraph (7) or under regulation 25 or 57, and (b) any period of less than 30 minutes worked during the first 30 minutes after the end of a rostered shift, except a period of 15 minutes which the member was told at the beginning of the shift would be required, counts as time spent on duty for the purposes of paragraph (2). (6) For the purposes of paragraph (2) a period of duty— (a) which resulted from a member’s being recalled and returning to duty between two rostered shifts, and (b) the length of which, after deducting any travelling time counting as a period of duty by virtue of regulation 28, was less than 4 hours, counts as a period of duty lasting for the aggregate of 4 hours and any period counting by virtue of regulation 28. (7) Where the time at which a member is required to commence a rostered shift is brought forward— (a) without giving him notice 8 hours or more before the new commencement time, and (b) so that he is required to commence that shift on the day on which his previous shift ended, he is entitled to an allowance at the rate of one-twelfth of an hour’s pay for each completed 15 minutes of the time for which he is on duty before the rostered commencement time. (8) A member who has become entitled to an allowance under paragraph (7) may, before the end of the pay period during which the day on which he was required to commence the shift occurred, elect to be granted time off instead of the allowance. (9) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (8) the chief constable shall, within 3 months after the date of election, grant him time off equal to one and one-third times the number of completed quarters of an hour for which he was on duty before the rostered commencement time. (10) Where— (a) on any day on which he has a rostered shift a member has been on duty for a period exceeding the length of that shift, and (b) he is not entitled in respect of that day to any allowance under paragraph (2) or (7), he may, not later than 4 days after the end of the relevant week in which the day in question occurred, elect to be granted time off in respect of the excess over the length of the shift (“the excess period”). (11) For the purposes of paragraphs (2) and (10) a continuous period of duty which began before and ended after the beginning of a day shall— (a) if the day on which it ended was not— (i) a public holiday, (ii) a rostered rest day, or (iii) a free day, in respect of which he became entitled to an allowance under regulation 25, be treated as having fallen wholly within, and (b) in any other case, be treated as having consisted only of so much of the period as fell within, the day on which the period began. (12) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (10), the chief constable shall, within 3 months after the date of the election, grant him time off equal to the excess period. (13) For the purpose of regulation 36 (rate of pay), any extra period of duty in respect of which time off is granted under paragraph (4) or (9) counts as one and one third times the number of completed quarters of an hour comprised in the extra period of duty, and a period falling within paragraph (6)(a) and (b) counts as one of 4 hours.

7

In regulation 25 (public holidays and rest days for ranks below inspector)—

(a) in paragraph (4) for the words “a day’s pay” there shall be substituted the words “the member’s hourly rate of pay calculated in accordance with regulation 36”;

(b) in paragraph (5)—

(i) for the words “one sixteenth” there shall be substituted the words “one quarter”, and

(ii) for the words “three sixty-fourths” there shall be substituted the words “one eighth”;

(5A) A member who— (a) is required to do duty on a free day, and (b) receives less than 15 days' notice of the requirement, shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement. (5B) This paragraph applies where— (a) a member is required to do duty on a free day, and (b) he receives less than 15 days' notice of the requirement, and (c) the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to have been done by any other member. (5C) Where paragraph (5B) applies— (a) if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (6)(a) or (b)) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed period of 15 minutes of duty done on the free day, and (b) in any other case, he is entitled to time off equal to the total length of those periods. (5D) Where— (a) a member is required to do duty on a free day, and (b) he receives less than 15 days' notice of the requirement, but paragraph (5C) does not apply, he is entitled to an allowance at the appropriate rest-day rate.

(d) after paragraph (7) there shall be inserted the following paragraph—

(7A) A member who is required to do duty on a free day may within 28 days of that day elect to receive— (a) in lieu of an allowance under paragraph (5C)(a), time off equal to one and one-third times, and (b) in lieu of an allowance under paragraph (5D), time off equal to one and one-half times, the period of completed quarters of an hour of duty done on the free day,

(e) in paragraph (8)—

(i) after the words “rostered rest day” there shall be inserted the words “or on a free day”,

(ii) after the words “paragraph (7)” there shall be inserted the words “or (7A)”, and

(iii) after the words “as the case may be” there shall be inserted the words “paragraph (5C) or (5D) or”;

(f) in paragraph (9)—

(i) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) “the appropriate rate” is, for each completed 15 minutes of duty done on a public holiday, one quarter of the member’s hourly rate of pay calculated in accordance with regulation 36;

(ii) sub-paragraph (c) shall be omitted, and

(iii) in sub-paragraphs (f) and (g) after the words “rostered rest day”, wherever occurring, there shall be inserted the words “or a free day”, and in sub-paragraph (f) for the words “a normal daily period of duty” there shall be substituted the words “a rostered shift”;

(g) in paragraph (10) after the words “rostered rest day”, wherever occurring, there shall be inserted the words “or a free day”; and

(h) after paragraph (10) there shall be inserted the following paragraph—

(11) For the purposes of regulation 36 (rate of pay)— (a) a day’s leave allowed under paragraph (2) and a day off granted under paragraph (6)(a) or under paragraph (10) in respect of a public holiday each count as a period of duty of 8 hours multiplied by the appropriate factor, and (b) so much of any time off granted under paragraph (7A) or (8) as exceeds the time spent on duty on the public holiday, rest day or free day counts as time spent on duty.

8

In regulation 26 (public holidays and rest days for inspectors and chief inspectors) there shall be substituted—

(a) in paragraph (2) for the words after “be granted” the words “in each week the number of rest days arrived at by multiplying the appropriate factor by two”; and

(b) in paragraph (3)(b) for the words after “any week of” the words “the number of rest days arrived at by multiplying the appropriate factor by two”.

9

In regulation 27 (public holidays and monthly leave days for ranks above chief inspector)—

(a) in paragraph (2) after the words “each month” there shall be inserted the words “the amount of leave arrived at by multiplying by the appropriate factor”; and

(b) in paragraph (3)—

(i) for the words “eight monthly leave days” there shall be substituted the words “the amount of leave arrived at by multiplying 8 days by the appropriate factor”, and

(ii) for the words after “permit” there shall be substituted the words “be allowed a day’s leave in lieu of any day on a public holiday not allowed (or as the case may be) be granted the balance of monthly leave as additional monthly leave”.

10

In regulation 28 (travelling time treated as duty)—

(a) for paragraph (1) there shall be substituted the following paragraph—

(1) This regulation shall apply to a member where— (a) a shift consists of two separate periods, or (b) he is recalled to duty between shifts, and he travels to and from his home between those periods or, as the case may be, in consequence of his recall (in this regulation referred to as “relevant travelling”),

; and

(b) in paragraph (3) for the words from “overtime” to “thereof)” there shall be substituted the words “duty for the purposes of regulation 24, regulation 25 (except paragraph (9)(f) or regulation 36)”.

11

In regulation 30 (annual leave)—

(a) in paragraph (1) after the words “Schedule 4” there shall be inserted the words “, except that in the case of a member above the rank of sergeant any period of leave calculated in accordance with Schedule 4 is to be multiplied by the appropriate factor”; and

(b) after paragraph (1) there shall be inserted the following paragraph—

(1A) In the case of a member below the rank of inspector, each day of annual leave granted counts for the purposes of regulation 36 (rate of pay) as a period of duty of 8 hours multiplied by the appropriate factor.

12

In regulation 31 (sick leave) after paragraph (2) there shall be inserted the following paragraph—

(3) While a member below the rank of inspector is entitled under this regulation to be absent from duty, any rostered shift counts for the purposes of regulation 36 (rate of pay) as a period of duty of the same duration.

13

In regulation 34 (paternity leave) after paragraph (3) there shall be inserted the following paragraph—

(4) In the case of a member below the rank of inspector, each day of paternity leave granted counts for the purposes of regulation 36 (rate of pay) as a period of duty of 8 hours multiplied by the appropriate factor.

14

In regulation 36 (rate of pay)—

(a) for paragraph (1) there shall be substituted the following paragraph—

(1) A member below the rank of inspector shall be paid for time spent on duty at an hourly rate calculated by multiplying the annual rate ascertained - from Schedule 6 by $612520.$

and

(b) after paragraph (1) there shall be inserted the following paragraph—

(1A) A member above the rank of sergeant shall be paid at an annual rate calculated by multiplying that ascertained from Schedule 6 by the appropriate factor.

15

In regulation 37 (temporary salary)—

(a) in paragraph (3)—

(i) after the words “performed by a” there shall be inserted the words “full-time”, and

(ii) after the words “pay of the” there shall be inserted the words “person appointed as a full-time”;

(b) in paragraph (6)—

(i) after the words “performed by a” there shall be inserted the words “full-time”, and

(ii) after the words “to the higher rank” there shall be inserted the words “as a full-time member”; and

(c) in paragraph (11) for the words after “inspector” there shall be substituted the words “the period that would constitute his normal daily period of duty if he were a full-time member, and “full-time member” means a member of the force appointed otherwise than under regulation 5.”.

16

In regulation 43 (pay during maternity leave) after paragraph (3) there shall be inserted the following paragraph—

(4) A woman member below the rank of inspector who satisfies the conditions in paragraph (2) is to be treated for the purposes of regulation 36 (rate of pay) as having been on duty for the number of hours determined by multiplying the number of her determined hours by the length in days of the paid leave period and dividing the result by the length in days of the relevant period.

17

In regulation 49 (removal allowance) after paragraph (5) there shall be inserted the following paragraph—

(5A) Every sum of money specified in paragraphs (6) to (8) is to be multiplied by the appropriate factor.

18

In regulation 50 (plain clothes allowance) in paragraph (1)—

(a) for the words “for a continuous period of not less than a week” there shall be substituted the words “on 7 or more consecutive days”; and

(b) after the word “determined” there shall be inserted the words “(regard being had to the appropriate factor)”.

19

In regulation 51 (detective expenses allowance)—

(a) in paragraph (1) for the words “for a period of not less than a week” there shall be substituted the words “on 7 or more consecutive days”; and

(b) after paragraph (1) there shall be inserted the following paragraph—

(1A) The rates specified in paragraphs (2) and (3) as the rates of allowance under this regulation are to be multiplied by the appropriate factor.

20

In regulation 52 (subsistence, refreshment and lodging allowances) at the end of paragraph (3) there shall be inserted the words

, and, in relation to a member below the rank of inspector, references in this regulation to his normal daily period of duty are to be construed as references to– (i) a period of duty lasting 8 hours, or (ii) periods of duty performed in one day amounting in total to 8 hours

21

In Schedule 5 (university scholars) in paragraph 3(2) for the words “the rate of” there shall be substituted the words “the rate obtained by multiplying by the appropriate factor”, and the words after “a year” shall be omitted.

22

In Schedule 7 (effect of disciplinary action on pay and allowances) in paragraph 4—

(a) after the words “13 weeks” there shall be inserted the words “multiplied by the reciprocal of the appropriate factor”; and

(b) after the words “weekly pay” there shall be inserted the words “multiplied by the appropriate factor”.

23

In Schedule 9 (motor vehicle allowances) after paragraph 2(2) there shall be inserted the following paragraph—

(2A) The fixed element calculated in accordance with sub-paragraph (2) shall be multiplied by the appropriate factor.

24

In Part II of Schedule 12 (revocations and savings) after paragraph 8 there shall be added the following paragraph—

(9) (1) This paragraph applies to a qualifying or a rejoining member appointed pursuant to regulation 5 to perform part-time service. (2) Where such a member as is mentioned in sub-paragraph (1) is entitled to a replacement allowance under paragraphs 2 to 6, the allowance shall be multiplied by the appropriate factor.

SCHEDULE 2 — Restrictions on the private life of members

1

A member 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 shall not take any active part in politics.

2

A member shall not reside at premises which are not for the time being approved by the chief constable.

3

(1) A member shall not, without the previous consent of the chief constable, 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 shall not, unless he has previously given written notice to the chief constable, receive a lodger in a house in which he resides and in respect of which he receives an allowance under Part II of Schedule 12 or sub-let any part of such a house.

4

A member shall not wilfully refuse or neglect to discharge any lawful debt.

SCHEDULE 3 — Modification for variable shift arrangements

1

In regulation 20 (normal daily period of duty) there shall be substituted for paragraphs (2) to (4) the following paragraphs—

(2) As far as the exigencies of duty permit, a shift shall consist of one continuous period. (3) Where in one day a member is on duty for a continuous period of 5 hours or more, time for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the Table below:

Number of hours	Refreshment time
Less than 6 hours	30 minutes
6 hours or more, but less than 7 hours	35 minutes
7 hours or more, but less than 8 hours	40 minutes
8 hours or more, but less than 9 hours	45 minutes
9 hours or more, but less than 10 hours	50 minutes
10 hours or more	60 minutes

(4) Where a shift consists of two periods amounting in total to 5 hours or more and the member does not travel to and from his home between those periods, an interval for refreshment and rest shall normally be included at the beginning or end of one of them.

2

In regulation 23 (rostering of duties)—

(a) in paragraph (1) omit the word “annual”;

(b) in paragraph (3)—

(i) for the words “the 12 months following the date on which it comes into force” substitute “the period for which it has effect”, and

(ii) in sub-paragraph (c) for the words “his scheduled daily periods of duty are” substitute “each of his shifts is”;

(d) in paragraph (5) for the words “daily period of duty” substitute “shift”.

3

In regulation 24 (overtime)—

(a) in paragraph (1)—

(i) for the words “his tour of duty” substitute “a rostered shift”,

(ii) for the words “tours of duty” substitute “rostered shifts”, and

(iii) for the words “a tour of duty” and for the words “his normal daily period of duty” substitute “a rostered shift”;

(b) in paragraph (6) for the word “tour”, wherever occurring, substitute “shift”;

(d) in paragraph (7)(c) for the words “tours of duty” substitute “shifts”;

(e) in paragraph (7)(d)—

(i) for the words “a rostered tour of duty” substitute “a rostered shift”,

(ii) for the words “begin that tour” substitute “begin that shift”,

(iii) for the words “his normal daily period of duty” substitute “a rostered shift”, and

(iv) for the words “that tour of duty” substitute “that shift”; and

(f) in paragraph (8) in the definition of “due notice” for the words “tour of duty” substitute “shift”.

4

In regulation 25 (public holidays and rest days for ranks below inspector) in paragraph (2) after the words “the rate of” insert “not less than” and in paragraph (9)(f) for the words “a normal daily period of duty” substitute “a rostered shift”.

5

In regulation 28 (travelling time treated as duty) for paragraph (1) substitute—

(1) This regulation applies to a member where— (a) a shift consists of two separate periods, or (b) he is recalled to duty between two shifts, and he travels to and from his home between those periods or, as the case may be, in consequence of his recall (in this regulation referred to as “relevant travelling”).

6

In regulation 30 (annual leave) omit paragraph (1).

7

In regulation 37 (temporary salary)—

(a) in paragraph (6) for the words from “in any year” to “equal to” substitute “has had qualifying shifts amounting in total to 112 hours shall be paid, in respect of each further qualifying shift in that year, at the hourly rate arrived at by dividing by 8 a day’s pay at”;

(b) in paragraph (7)—

(i) for sub-paragraph (a) substitute—

(a) has a qualifying shift as his last rostered shift in any year, and

(ii) in sub-paragraph (b) for the word “day” substitute “shift”,

(iii) for sub-paragraph (c) substitute—

(c) has a qualifying shift as his first rostered shift in the next following year,

(iv) for the words from “that day” to “formed part of” substitute “the shift mentioned in sub-paragraph (c) and any qualifying shifts beginning on days that follow consecutively the day on which that shift began as if that shift or shifts had occurred in”, and

(v) in the proviso for the words “day or days” substitute “shift or shifts”, and

(11) For the purposes of this regulation the expression “qualifying shift” means, in relation to a member, a rostered shift throughout which he is required to perform duties normally performed by a member of the force of a rank higher than his own.

8

In regulation 52 (subsistence, refreshment and lodging allowances) at the end of paragraph (3) insert “, and references in this regulation to a member’s normal daily period of duty are to be construed as references to a rostered shift”.

9

In regulation 57 (allowance for recurring escort duty, etc.) for the words “beyond the normal daily period” substitute “after rostered shifts”.

10

Omit Schedule 4.

SCHEDULE 4 — Annual leave

1

(1) Subject to regulation 30 and the provisions of this Schedule, every member of or above the rank of superintendent shall be granted in each leave year the following period of annual leave namely—

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

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

(2) Subject as aforesaid and to paragraph (3) every member holding a rank below that of superintendent shall be granted in each leave year commencing after 31st December 1994 the period of leave set out opposite his relevant service as a member in the Table below—

Relevant service	Annual leave
Under 5 years' relevant service	21 days
5 or more years' relevant service	23 days
10 or more years' relevant service	26 days
15 or more years' relevant service	27 days
20 or more years' relevant service	29 days

(3) Where the annual leave entitlement of a member, immediately before the coming into effect of this paragraph, in respect of the first leave year commencing after 31st December 1994, exceeded the period prescribed, in his case, in respect of that year, by the foregoing provisions of this paragraph, he shall continue to be entitled to be granted such greater period of leave until such time as he shall have completed such number of years' relevant service as, by virtue of the said provisions, entitle him to an increased period of leave.

2

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

3

In the case of a member below the rank of assistant chief constable, the chief constable may, in his discretion and subject to the exigencies of duty—

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

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

4

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

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

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

(b) shall not be entitled to be allowed an interval for refreshment such as is mentioned in regulation 20(3).

5

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

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

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

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

6

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

(a) “leave year” means that period of 12 months beginning on such date as may from time to time be determined by the Police Authority;

(b) “relevant service” means any service which the member concerned is entitled to reckon for the purposes of pay together with any service which he was previously so entitled to reckon—

(i) in the case of a member below the rank of superintendent, in any lower rank;

(ii) in any other case, in the rank of superintendent (or any equivalent rank held prior to 1st June 1970) or any higher rank;

(iii) as a member of the Ulster Special Constabulary who had the option of attaining permanent status in accordance with the Ulster Special Constabulary Pensions Regulations 1950[^f00021],

except that relevant service shall not include any such service as is mentioned in regulation 45 of the Police Regulations 1995[^f00022] by a member of a police force in Great Britain who transfers to the Royal Ulster Constabulary.

(2) Where a member of an aerodrome constabulary has been transferred to the force by an order under section 30 of the Aviation Security Act 1982[^f00023] then, for the purposes of this paragraph, his service in any rank in that constabulary shall be treated as if it were service in the corresponding rank in the force.

SCHEDULE 5 — University scholars

1

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

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

2

Regulations 20, 24 and 25 shall not apply to a university scholar for the duration of his course except for such period or periods, if any, as he is engaged otherwise than in study.

3

(1) This paragraph shall apply to a university scholar who has undertaken a course of study given wholly or mainly at an institution within the City of London or the metropolitan police district.

(2) Where such a university scholar takes up residence within the City of London or the metropolitan police district and the taking up of such residence is, in the opinion of the Police Authority, due to his having undertaken his course, then, for the duration of the course (whether or not he is so resident throughout that period), he shall be entitled to supplementary pay at the rate of £1,440 a year and his rate of pay, determined in accordance with Part IV of these regulations, shall be increased accordingly.

4

Where a university scholar moves his home and the removal is, in the opinion of the Police Authority, due to his having undertaken or completed his course of study and is, in their opinion, reasonable in all the circumstances of his case, regulation 49 shall have effect in his case as if the removal were such as is mentioned in paragraph (1) thereof.

SCHEDULE 6 — Determination of pay

1

(1) This paragraph applies for the determination of the annual pay of any person who holds the rank of chief constable, deputy chief constable or assistant chief constable.

(2) The annual pay of such a person as is mentioned in sub-paragraph (1) shall be an amount, determined by the Secretary of State in accordance with sub-paragraph (4), which shall be within the range specified in the relevant entry in the following table.

1	2	3
Rank	Member appointed under Regulation 10	Member not appointed under Regulation 10
Chief Constable	£93,294 to £100,269	£88,731 to £95,373
Deputy Chief Constable	£74,635 to £80,215	£70,985 to £76,298
Assistant Chief Constable	£53,310 to £61,191	£50,769 to £58,278

(3) In the case of a person who has been appointed in the rank of assistant chief constable other than under regulation 10, the amount determined in accordance with sub-paragraph (2) shall not be less than the amount that the annual pay of that person would have been in that rank if the Royal Ulster Constabulary (Amendment No. 2) Regulations 1995[^f00024] had not been made.

(4) Before making a determination under sub-paragraph (2) or regulation 37(1) (temporary salary), the Secretary of State shall consider the views of—

(a) the Police Authority in the case of a member of the rank of chief constable; and

(b) the Police Authority and the chief constable in any other case.

(5) In making a determination under sub-paragraph (2) or regulation 37(1), the Secretary of State shall have regard to—

(a) the pay of those members immediately above and below the member whose pay is being determined; and

(b) that member’s responsibilities;

and the Secretary of State may have regard to any other consideration which he considers to be relevant, other than the performance of the member in question.

2

(1) Subject to sub-paragraphs (2) to (12), the annual pay of a member below the rank of assistant chief constable is the amount specified below at the pay point for his pay category.

(2) The pay points for superintendents are the following.

Pay Category	Pay Point	Annual Salary with effect as from 31st August 1995 £
A	1	38,724
B	2	39,678
C	3	40,635
D	4	41,589
E	5	42,543
F	6	43,497
G	7	44,454
H	8	45,408
I	9	46,362

(3) The pay categories for superintendents are the following.

Category	Description
A	The member is a superintendent and— was appointed in that rank after 31st August 1994, immediately before his appointment was an inspector or chief inspector in pay category F or a lower category, and has not completed one year’s service in the rank of superintendent.
B	The member is a superintendent— who was appointed in that rank before 1st September 1994 and has not completed 1 year’s service in it, or who was appointed in that rank after 31st August 1994 and has not completed one year’s service in it but, immediately before his appointment, was a chief inspector in pay category G or a higher category, or who was appointed in that rank after 31st August 1994 at pay category A and has completed 1 year’s service in it.
C	The member is a superintendent— who was appointed in that rank before 1st September 1994 and has completed 1 year’s service in it, or who was appointed in that rank after 31st August 1994 and has completed 1 year’s service in it at pay category B.
D	The member is a superintendent— who was appointed in that rank before 1st September 1994 and has completed 2 years' service in it, or who was appointed in that rank after 31st August 1994 and has completed 1 year’s service in it at pay category C.
E	The member is a superintendent— who was appointed in that rank before 1st September 1994 and has completed 3 or more years' service in it, or who was appointed in that rank after 31st August 1994 and has completed 1 year’s service in it at pay category B.
F	The member is a superintendent— who has been assigned by the chief constable to this category, or who was a chief superintendent on 31st August 1994 but since his promotion to that rank has not completed one year’s service (including subsequent service as a superintendent), or who has completed one year’s service at pay category E, or who has completed one or more years' service in this pay category and who does not qualify for pay category G, H or I.
G	The member is a superintendent— who has been assigned by the chief constable to this category, or who was a chief superintendent on 31st August 1994 and, since his promotion to that rank, has completed one year’s service (including subsequent service as a superintendent), or who has been assigned to pay category F by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category, or who has completed one or more years' service in this pay category and who does not qualify for pay category H or I.
H	The member is a superintendent— who has been assigned by the chief constable to this category, or who was a chief superintendent on 31st August 1994 and, since his promotion to that rank, has completed two years' service (including subsequent service as a superintendent), or who has been assigned to pay category G by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category, or who has completed one or more years' service in this pay category and who does not qualify for pay category I.
I	The member is a superintendent— whose pay category would otherwise be H but who has been assigned by the chief constable to this category, or who was a chief superintendent on 31st August 1994 and, since his promotion to that rank, has completed three or more years' service (including subsequent service as a superintendent), or who has been assigned to pay category H by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category, or who has completed one or more years' service in this pay category.

(4) The pay points for inspectors and chief inspectors are the following.

Pay Category	Pay Point	Annual salary with effect as from 31st August 1995 £	Annual salary with effect as from 31st August 1996 £
A	1	28,470	29,466
B	2	29,310	30,336
C	3	30,147	31,203
D	4	30,984	32,067
E	5	31,824	32,937
F	6	32,478	33,615
G	7	33,138	34,299
H	8	33,795	34,977
I	9	34,386	35,589

(5) The pay categories for inspectors and chief inspectors are the following.

Category	Description
A	The member is an inspector who— has not completed one year’s service in that rank, and was not on 31st August 1994 an inspector to whom the revoked sub-paragraph (5) applied.
B	The member is an inspector who has either— completed one year’s service in that rank, or not completed one year’s service in it but was on 31st August 1994 an inspector to whom the revoked sub-paragraph (5) applied.
C	The member is an inspector who has either— completed 2 years' service in that rank, or not completed 2 years' service in it but— was on 31st August 1994 an inspector to whom the revoked sub-paragraph (5) applied, and has completed one year’s service in that rank.
D	The member is an inspector who has either— completed 3 years' service in that rank, or not completed 3 years' service in it but— was on 31st August 1994 an inspector to whom the revoked sub-paragraph (5) applied, and has completed 2 years' service in that rank.
E	The member is— a person appointed in the rank of chief inspector who has not completed one year’s service in it and has not been assigned to pay category F, or an inspector who, having completed 3 years' service in the rank and, having been assigned to this pay category by the chief constable, thereby holds the rank of chief inspector, or an inspector who has completed 4 years' or more service in that rank, or an inspector who has not completed 4 years' service in that rank and who has not been assigned to the category by virtue of paragraph (b) of this description, but who— was on 31st August 1994 an inspector to whom the revoked sub-paragraph (5) applied, and has completed 3 years' service in that rank.
F	The member is— a person appointed in or holding the rank of chief inspector who has completed one year’s service in it at pay category E, or a person who was a chief inspector on 31st August 1994— who has completed one year’s service in that rank, or to whom on that date the revoked sub-paragraph (5) applied and who has not completed one year’s service in that rank, or a person appointed in the rank of chief inspector who was assigned to this pay category by the chief constable and has not completed one year’s service in it, or an inspector who, having completed 3 or more years' service in that rank and having been assigned to this pay category by the chief constable, thereby holds the rank of chief inspector.
G	The member is a chief inspector— who has completed one year’s service in that rank and has been assigned to this pay category by the chief constable, or who has completed one year’s service in it at pay category F, or who was a chief inspector on 31st August 1994 and— has completed 2 years' service in that rank, or to whom on that date the revoked sub-paragraph (5) applied and who has completed one year’s service, but not 2 years' service, in that rank, or who has completed one or more years' service in this pay category and who does not qualify for pay category H or I.
H	The member is a chief inspector who held that rank on 31st August 1994 and— who has completed three or more years' service in that rank, or to whom on that date the revoked sub-paragraph (5) applied and who has completed two, but not three, years' service in that rank.
I	The member is a chief inspector who held that rank on 31st August 1994 and— a who has completed four or more years' service in that rank, or b to whom on that date the revoked sub-paragraph (5) applied and who has completed three, but not four, years' service in that rank.

(6) The pay points for sergeants are the following.

Pay Category	Pay Point	Annual salary with effect as from 31st August 1995 £	Annual salary with effect as from 31st August 1996 £
A	1	22,014	22,785
B	2	22,809	23,607
C	3	23,604	24,429
D	4	24,402	25,257
E	5	24,930	25,803
F	6	25,674	26,574

(7) The pay categories for sergeants are the following.

Category	Description
A	The member has not completed one year’s service in the rank of sergeant.
B	The member has completed one year’s service in that rank.
C	The member has completed 2 years' service in that rank.
D	The member has completed 3 years' service in that rank.
E	The member has completed 4 years' service in that rank.
F	The member has completed 5 or more years' service in that rank.

(8) The pay points for constables are the following.

Pay Category	Pay Point	Annual salary with effect as from 31st August 1995 £	Annual salary with effect as from 31st August 1996 £
A	1	14,412	14,916
B	2	15,648	16,197
P	1(P)	16,525	17,103
C	3	16,710	17,295
D	4	17,082	17,679
E	5	17,532	18,147
F	6	18,141	18,777
G	7	18,726	19,380
H	8	19,335	20,013
I	9	19,893	20,589
J	10	20,397	21,111
K	11	21,057	21,795
L	12	21,828	22,593
M	13	22,809	23,607

(9) The pay categories for constables are the following.

Category	Description
A	The member — was appointed before 1st September 1994, was under 22 years of age on appointment and has not completed one year’s service, or was appointed after 31st August 1994, is not a protected member and is undergoing initial training.
B	The member — was appointed before 1st September 1994, was under 22 years of age on appointment and has completed one year’s service, or was appointed after 31st August 1994, is not a protected member, has completed initial training and has been assigned by the chief constable to this category.
P	The member is a protected member and— is undergoing initial training, or has completed initial training and has not been assigned by the chief constable to category C.
C	The member was appointed after 31st August 1994, has completed initial training and has been assigned by the chief constable to this category.
D	The member— a has completed 2 years' service, or b was appointed before 1st September 1994 and was of the age of 22 years or over on appointment.
E	The member has completed 3 years' service.
F	The member has completed 4 years' service.
G	The member has completed 5 years' service.
H	The member has completed 6 years' service.
I	The member has completed 7 years' service.
J	The member has completed 8 years' service.
K	The member has completed 10 years' service.
L	The member has completed 12 years' service.
M	The member has completed 14 years' or more service.

(10) In sub-paragraph (5), “the revoked sub-paragraph (5)” means sub-paragraph (5) of paragraph 2 of Schedule 5 to the Royal Ulster Constabulary Regulations 1984[^f00025] (which required pay to be determined in certain cases as if the member had an additional year’s service) as it had effect on 31st August 1994; and in sub-paragraph (9), references to completing service of a specified number of years include service spent on initial training or on probation, and references to a protected member are to a member who was appointed after 31st August 1994 but before 9th December 1994 and was of the age of 22 years or over on appointment.

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

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

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

(12) In sub-paragraph (11), any reference to a member’s reckonable service in any rank is a reference to the service reckonable for the purposes of his pay in the rank, including any additional service reckonable by virtue of this paragraph or otherwise.

SCHEDULE 7 — Effect of disciplinary action on pay and allowances

1

(1) Subject to paragraph 3, a member suspended under the Discipline Regulations who—

(a) is detained, in pursuance of a sentence of a court, in a prison or other institution to which the Prison Act (Northern Ireland) 1953[^f00026] 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 constable (or a deputy chief constable acting as chief constable),

shall not, by virtue of regulation 36, 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 the chief constable or another senior officer within the meaning of the Discipline Regulations, sub-paragraph (1)(b) shall have effect as if for the words after “unknown” there were substituted the words “to the Police Authority”.

2

Subject to paragraph 3, a member suspended under the Discipline Regulations shall not, by virtue of Part V of these regulations, be entitled to any allowance, in respect of the period of suspension, other than an allowance under Part II of Schedule 12.

3

Where a member 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

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

SCHEDULE 8 — Subsistence, refreshment and lodging allowances

1

(1) Subject as hereinafter in this Schedule provided, the amount of a subsistence, refreshment or lodging allowance payable under regulation 52 shall be in accordance with such scale appropriate to the rank of the member concerned as shall be determined by the Secretary of State; and separate scales shall be determined for members of the rank of superintendent and for members below that rank.

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

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

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

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

(d) over 24 hours.

2

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

3

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

4

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

SCHEDULE 9 — Motor vehicle allowances

1

For the purposes of regulation 54 and of this Schedule the following expressions have the meanings hereby respectively assigned to them—

“authorised use” means the use, authorised under regulation 54, of a motor vehicle owned by the member concerned for the purposes of his duties as a member, and “period of authorised use” means the period during which such use is authorised;

“cylinder capacity” means the cylinder capacity of the engine of a vehicle calculated in accordance with regulations under paragraph 2(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994[^f00027];

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

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

“year” means a period of twelve months beginning on such date as may be determined by the Police Authority;

and a reference to a motor vehicle owned by a member is a reference to such a vehicle kept and used by him.

2

(1) Subject as hereinafter provided, the amount of a motor vehicle allowance, payable at the essential user’s rate, shall, in any year, comprise a fixed element and a mileage element, calculated as provided in sub-paragraphs (2) and (3).

(2) The fixed element shall be calculated by reference to the number of completed months comprised in the period of authorised use for the year in question, at such annual rate as is specified by the Secretary of State by reference to the cylinder capacity of the motor car in question.

(3) The mileage element shall be calculated, in relation to authorised use, at such rate as is specified by the Secretary of State by reference to the cylinder capacity of the motor car in question, and for that purpose he may so specify—

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

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

(4) Where, in any year, a motor vehicle allowance is payable at the essential user’s rate, it shall be payable in such instalments, in advance or in arrear, as the Police Authority may determine; but when the amount of the allowance for that year is finally calculated, any over-payment shall be recoverable.

(5) Where, in any year, a motor vehicle allowance is payable at the essential user’s rate to a member and—

(a) the member is on sick leave or maternity leave, or

(b) the motor car in question is out of order

for a continuous period of four or more weeks in that year, the allowance shall be reduced by such amount as the Police Authority determines as being appropriate in all the circumstances.

(6) Where, in any year, a motor vehicle allowance is payable at the essential user’s rate but the period of authorised use is a fraction only of that year, sub-paragraph (3) shall have effect as if, for the reference to the basic mileage, there were substituted a reference to the corresponding fraction of that mileage; and, for the purposes of this paragraph, the monthly rate of the fixed element of such an allowance so payable shall be taken to be a twelfth of the annual rate.

3

The amount of a motor vehicle allowance payable at the casual user’s rate shall, in any year, be an amount calculated, in relation to the mileage of authorised use in that year, at such rate as is specified by the Secretary of State by reference to that mileage and the cylinder capacity of the motor car in question, except that where the amount of the allowance would be less if it were calculated at the essential user’s rate, it shall be of an amount calculated in accordance with paragraph 2.

4

The amount of a motor vehicle allowance payable to a member shall not exceed that which would be payable if the vehicle in question were of such a cylinder capacity, not being less than 1,000 c.c., as the chief constable, with the approval of the Police Authority, has determined appropriate for use for the purposes of the duties normally performed by the member concerned.

SCHEDULE 10 — Dog handler’s allowance

1

Subject as hereinafter provided, a dog handler’s allowance shall be payable—

(a) in the case of a member of the rank of constable, at the annual rate, with effect as from 31st August 1995, of £987 and, with effect as from 31st August 1996, of £1,023;

(b) in the case of a member of any other rank, at the annual rate, with effect as from 31st August 1995, of £1,347 and, with effect as from 31st August 1996, of £1,395.

2

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

SCHEDULE 11 — Issue of uniform and equipment

1

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

2

Uniform or equipment issued by the Police Authority which is lost or damaged otherwise than owing to the member’s default or is faulty or is ill-fitting shall be replaced or repaired by the Police Authority free of charge:

3

Clothing for particular or specialist duties shall be issued as and when necessary.

4

Issues of equipment shall be made as circumstances require.

SCHEDULE 12 — Revocations and savings

Part I — Revocations

Regulations	References
Royal Ulster Constabulary Regulations 1984	S.R. 1984 No. 62
Royal Ulster Constabulary (Amendment) Regulations 1984	S.R. 1984 No. 380
Royal Ulster Constabulary (Amendment) Regulations 1985	S.R. 1985 No. 119
Royal Ulster Constabulary (Amendment No. 2) Regulations 1985	S.R. 1985 No. 292
Royal Ulster Constabulary (Amendment No. 3) Regulations 1985	S.R. 1985 No. 362
Royal Ulster Constabulary (Amendment) Regulations 1986	S.R. 1986 No. 118
Royal Ulster Constabulary (Amendment No. 2) Regulations 1986	S.R. 1986 No. 284
Royal Ulster Constabulary (Amendment No. 3) Regulations 1986	S.R. 1986 No. 314
Royal Ulster Constabulary (Amendment) Regulations 1987	S.R. 1987 No. 205
Royal Ulster Constabulary (Amendment No. 2) Regulations 1987	S.R. 1987 No. 441
Royal Ulster Constabulary (Amendment) Regulations 1988	S.R. 1988 No. 340
Royal Ulster Constabulary (Amendment) Regulations 1989	S.R. 1989 No. 207
Royal Ulster Constabulary (Amendment) Regulations 1990	S.R. 1990 No. 74
Royal Ulster Constabulary (Amendment No. 2) Regulations 1990	S.R. 1990 No. 82
Royal Ulster Constabulary (Amendment No. 3 Regulations 1990	S.R. 1990 No. 433
Royal Ulster Constabulary (Amendment No. 4) Regulations 1990	S.R. 1990 No. 435
Royal Ulster Constabulary (Amendment) Regulations 1991	S.R. 1991 No. 459
Royal Ulster Constabulary (Amendment) Regulations 1992	S.R. 1992 No. 447
Royal Ulster Constabulary (Amendment) Regulations 1993	S.R. 1993 No. 207
Royal Ulster Constabulary (Amendment No. 2) Regulations 1993	S.R. 1993 No. 464
Royal Ulster Constabulary (Amendment) Regulations 1994	S.R. 1994 No. 71
Royal Ulster Constabulary (Amendment No. 2) Regulations 1994	S.R. 1994 No. 186
Royal Ulster Constabulary (Amendment No. 3) Regulations 1994	S.R. 1994 No. 331
Royal Ulster Constabulary (Amendment No. 4) Regulations 1994	S.R. 1994 No. 378
Royal Ulster Constabulary (Amendment No. 5) Regulations 1994	S.R. 1994 No. 431
Royal Ulster Constabulary (Amendment) Regulations 1995	S.R. 1995 No. 117
Royal Ulster Constabulary (Amendment No. 2) Regulations 1995	S.R. 1995 No. 400

Part II

Savings

General Interpretation

1

In this Part, any reference to the 1984 regulations is a reference to the Royal Ulster Constabulary Regulations 1984.

Housing Payments

Interpretation

2

(1) This paragraph has effect for defining expressions used in this Schedule.

(2) “Qualifying member” means a member who—

(a) immediately before 1st September 1994 was a member of the Royal Ulster Constabulary or another police force,

(b) was not then on unpaid leave,

(d) has not after that date been on unpaid leave.

(3) “Rejoining member” means a member who by reason only of a relevant absence is not a qualifying member.

(4) “Relevant absence” means—

(a) a period of central service or overseas service, or

(b) a period of unpaid leave,

ending after 31st August 1994.

(5) “Housing emoluments” means any one or more of the following kinds of payments under the revoked provisions as they had effect before 1st September 1994—

(a) a housing allowance under regulation 40,

(b) a transitional rent allowance and a transitional supplementary rent allowance under regulation 40B,

(d) a compensatory grant under regulation 42,

and in relation to a rejoining 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).

(6) “The revoked provisions” means the provisions of the 1984 regulations relating to housing and housing payments that were revoked on 1st September 1994[^f00028], 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—

(a) the rate at which housing allowance or, as the case may be, transitional rent allowance, was payable, or would have been payable if he had not been occupying the house or quarters, immediately before 1st September 1994, and

(b) the rate at which any allowance under regulation 40(11) or 41(3) was or would have been then payable.

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.

Rejoining member previously provided with accommodation

5

(1) A rejoining 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 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—

(a) where the relevant absence began before 1st September 1994, immediately before it began, and

(b) in any other case, immediately before 1st September 1994.

Rejoining member previously in receipt of housing payments

6

(1) A rejoining member who immediately before the relevant absence began was in receipt—

(a) of housing emoluments, or

(b) of a replacement allowance under paragraph 3 or 4,

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—

(a) where sub-paragraph (1)(a) applies, at the rate at which the housing emoluments were payable, and

(b) where sub-paragraph (1)(b) applies, at the rate at which the previous replacement allowance was payable,

immediately before the relevant absence began.

Member provided with house or quarters

7

A qualifying member or a rejoining member who—

(a) is provided with a house or quarters free of rent, and

(b) if the revoked provision had continued in force would have been entitled to an allowance under regulation 40(11) or 41(3) of the 1984 regulations,

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—

(a) a housing allowance or transitional rent allowance payable as mentioned in paragraph 3(2) or 5(2), or

(b) any of the housing emoluments mentioned in paragraphs 4(1), 6(1)(a) and 7

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 a 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.

Signed

P. B. B. Mayhew — One of Her Majesty’s Principal Secretaries of State — Northern Ireland Office — 4th October 1996

Explanatory note

(This note is not part of the Regulations.)

These regulations consolidate with amendments the Royal Ulster Constabulary Regulations 1984 (the 1984 Regulations), as amended by the regulations specified in Part I of Schedule 12 to these regulations. The amendments, other than drafting amendments, made by these regulations are as follows.

Regulation 5 authorises the chief constable to make part-time appointments and applies the regulations to part-time appointees with the modifications set out in a new Schedule 1, the main ones of which are as follows. Part-time constables (who must have completed full-time probation before appointment) may be required to serve a further period of probation (paragraphs 2 and 3). Part-time duty in ranks below inspector is to be performed in accordance with general arrangements made by the chief constable after consulting the Police Authority and the Police Association, an individual’s normal period of duty during a duty roster period being a number of hours determined with his agreement by the chief constable (paragraph 4). That number, divided by the hours that would be required of a full-time member, constitutes the “appropriate factor” (paragraph 1) to be used in calculating various entitlements: for ranks above sergeant the factor is one half, since in their case a part-time appointment involves the sharing of duties with one member (see regulation 5(4)). Examples of the use of the factor occur in paragraphs 7, 8 and 9 (public holidays, rest days and monthly leave days); 11 (annual leave); 14(b) (senior ranks' pay); 17 (removal allowance); and 18, 19, 21, 22, 23 and 24 (various other allowances). Regulation 36 is amended to scale down pay for part-time appointees.

The upper age limit for recruitment to the force, and the requirement for a certificate of service to state the circumstances of a member’s leaving the force, have been removed from regulations 9 and 17 respectively.

Regulation 32 confers a right on a female member to take special leave in order to receive ante-natal care. Regulations 33 and 43 make fresh provision in respect of maternity leave. Under regulation 43 the first 3 months of maternity leave continue to be paid, subject to the conditions in 43(2) being satisfied. However, the entitlement to maternity leave has been altered. The automatic requirement in regulation 27(3) of the 1984 Regulations for a certificate of pregnancy from a registered medical practitioner has been replaced by regulation 33(2) under which the female member can give a notice stating that she is pregnant; however, if so requested by the chief constable, she will have to provide a certificate which can now be given by a registered midwife or registered health visitor as well as by a registered medical practitioner.

Regulations 12 and 36 are amended so that, in reckoning service for the purposes of probation and pay, account is taken of maternity leave.

Regulation 34 makes provision for the grant of paternity leave.

Regulation 44 is amended so that the deductions from pay in respect of certain social security benefits which are authorised by that regulation apply only when the member is on full pay.

Regulation 49(1)(d) and paragraph 1 of Schedule 4 have been amended to correct errors made by previous amendments.

Rates of pay for all ranks and the categories which determine pay for members of the rank of superintendent are amended. The pay of superintendents when they act for a period in excess of 7 days for superintendents in higher pay categories is increased, as is the dog handler’s allowance.

Regulation 1(2) provides that the regulations shall come into operation on 12th November 1996 and also provides that the provisions of the regulations specified in that paragraph shall have effect from earlier dates. Retrospective effect is authorised by section 18 of the Administrative and Financial Provisions Act (Northern Ireland) 1962.

Footnotes

[^f00001]: 1970 c. 9 (N.I.) as amended by 1994 c. 29 and modified by S.I. 1973/2163

[^f00002]: 1962 c. 7 (N.I.)

[^f00003]: 1996 c. 16

[^f00004]: S.R. 1991 No. 168

[^f00005]: 1967 c. 77

[^f00006]: 1982 c. 36

[^f00007]: 1894 c. 60

[^f00008]: 1987 c. 4

[^f00009]: 1923 c. 11

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