Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) Regulations 1996

• (b) a transitional rent allowance and a transitional supplementary rent allowance under regulation 35B,

• (c) a supplementary housing allowance under regulation 36, and

• (d) a compensatory grant under regulation 37,

and in relation to a rejoining member includes a rent allowance under regulation 35 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 1988 regulations relating to housing and housing payments that were revoked on 1st September 1994[^f00014], that is to say regulations 35 to 37.

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 35(6) or 36(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 at which, if he had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable—

• (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 provisions had continued in force would have been entitled to an allowance under regulation 35(6) or 36(3) of the 1988 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 35A of the 1988 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 — 4th December 1996

Explanatory note

(This note is not part of the Regulations.)

These regulations consolidate, with amendments, the Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) Regulations 1988 (the 1988 regulations), as amended by the amending regulations specified in Part I of Schedule 10 to these regulations. The amendments, other than drafting amendments, made by these regulations are as follows.

Regulation 27 confers a right on a female member to take special leave in order to receive ante-natal care. Regulations 28 and 32 make fresh provision in respect of maternity leave. Under regulation 32 the first 3 months of maternity leave continue to be paid, subject to the conditions in paragraph (2) of that regulation being satisfied. However, the entitlement to maternity leave has been altered. The automatic requirement in regulation 26(3) of the 1988 Regulations for a certificate of pregnancy from a registered medical practitioner has been replaced by regulation 28(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 10 and 30 are amended so that, in reckoning service for the purposes of probation and pay, account is taken of maternity leave.

Regulation 29 makes provision for the grant of paternity leave.

Regulation 33 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 38(1)(d) has been amended to correct an error made by a previous amendment.

Rates of pay and dog handler’s allowance are increased.

By virtue of regulation 1(2) the regulations will come into operation on 30th December 1996 but the provisions mentioned in that paragraph will have effect from the earlier dates specified therein. 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]: S.R. 1991 No. 168

[^f00004]: 1894 c. 60

[^f00005]: S.R. 1994 No. 197 as amended by S.R. 1996 No. 5

[^f00006]: S.I. 1994/1898 (N.I. 12)

[^f00007]: 1992 c. 7

[^f00008]: S.I. 1977/2157 (N.I. 28)

[^f00009]: S.I. 1972/1265 (N.I. 14) as modified by S.I. 1978/1907 (N.I. 26)

[^f00010]: S.R. 1988 No. 374, to which there are amendments not relevant to these regulations

[^f00011]: 1954 c. 33 (N.I.)

[^f00012]: 1953 c. 18 (N.I.)

[^f00013]: 1994 c. 22

[^f00014]: By S.R. 1994 No. 332