The Police Regulations 1995

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 officer of police 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 officer of police to category C.
C	The member was appointed after 31st August 1994, has completed initial training and has been assigned by the chief officer of police to this category.
D	The member— has completed 2 years' service, or 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 (3) above, “London force”means the City of London police force and the metropolitan police force; in sub-paragraph (5), “paragraph 1(8)”means paragraph 1(8) of Schedule 5 to the Police Regulations 1987 (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 30th September 1994 and was of the age of 22 years or over on appointment.

2

• (1) Except in the case of a member of the City of London or metropolitan police force, where immediately before 1st September 1978 the annual pay of a chief superintendent was greater than £8,703, his annual pay determined in accordance with paragraph 1 shall be increased by £147.

• (2) Except in the case of a member of the City of London or metropolitan police force, where immediately before 1st September 1978 the annual pay of a superintendent was greater than £7,839, his annual pay determined in accordance with paragraph 1 shall be increased by £42.

• (3) Where a member of the City of London or metropolitan police force holding the rank of chief superintendent has held that rank or the rank of superintendent in one or other of those forces at all times since 1st September 1985, his annual pay determined in accordance with paragraph 1 shall be increased by £474.

• (4) Where a member of the City of London or metropolitan police force holding the rank of superintendent has held that rank in one or other of those forces at all times since 1st September 1985, his annual pay determined in accordance with paragraph 1 shall be increased—

• (a) where he has, or is to be treated as having, more than 2 years' reckonable service in that rank, by £474;

• (b) where he has, or is to be treated as having, more than one but less than 2 years' such service, by £624; and

• (c) in any other case, by £855.

• (5) Where a member of the City of London police force holding the rank of chief inspector held that rank immediately before 1st September 1978, his annual pay determined in accordance with paragraph 1 shall be increased by £450.

• (6) 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' service as a constable, as if he had an additional 2 years' service as a sergeant.

• (7) In sub-paragraph (6) any reference to a member’s reckonable service in any rank is a reference to the service reckonable for the purpose of his pay in the rank, including any additional service reckonable by virtue of this paragraph or otherwise.

• (8) The scale of pay of a member holding a rank above that of constable, not being a rank mentioned in paragraph 1, shall be such as shall be determined by the Secretary of State.

SCHEDULE 7 — EFFECT OF DISCIPLINARY ACTION ON PAY AND ALLOWANCES

1

• (1) Subject to paragraph 3, a member of a police force 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 1952[^f00035]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 of police (or an assistant chief officer acting as chief officer),

shall not, by virtue of regulation 39, 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 (Discipline) (Senior Officers) Regulations 1985[^f00036], 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 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—

• (a) an allowance under Part II of Schedule 12; or

• (b) in the case of a member to whom paragraph 1(1) does not apply, an allowance under regulation 60 (London allowance) or 65 (allowance under Police Regulations 1971).

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 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 hereafter in this Schedule provided, the amount of a subsistence, refreshment or lodging allowance payable under regulation 55(5) shall be in accordance with such scale appropriate to the rank of the member of a police force 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;

• (c) over 12 hours but not exceeding 24 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 officer of police 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 of a police force 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 57 and of this Schedule—

• “authorised use”means the use, authorised under regulation 57, of a motor vehicle owned by the member of a police force concerned for the purposes of his duties as a member of that force or, where he has been statutorily transferred from one force to another force, as a member of either of those forces, 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[^f00037];

• “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 of a police force 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 arrears, 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 allowance is payable at the essential user’s rate to a member of a police force and the member is on sick leave, or maternity leave, or 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, with the approval of the Secretary of State, 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 of a police force 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 officer of police, 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

• (1) Subject as hereinafter provided, a dog handler’s allowance shall be payable—

• (a) in the case of a constable, at the annual rate of £957;

• (b) in any other case, at the annual rate of £1,308.

• (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 duties such as mounted duty, cycling, driving of vehicles, or stable duty shall be issued as required.

4

Issues of equipment shall be made as circumstances require.

SCHEDULE 12 — REVOCATIONS AND SAVINGS

PART I — REVOCATIONS

Regulations revoked	References	Extent of revocation
The Police Regulations 1987	S.I. 1987/851	The whole Regulations
The Police (Amendment) Regulations 1987	S.I. 1987/1753	The whole Regulations
The Police (Amendment) Regulations 1988	S.I. 1988/727	The whole Regulations
The Police (Amendment) (No.2) Regulations 1988	S.I. 1988/1821	The whole Regulations
The Police (Amendment) (No.3) Regulations 1988	S.I. 1988/2162	The whole Regulations
The Police (Amendment) Regulations 1989	S.I. 1989/895	The whole Regulations
The Police (Amendment) (No.2) Regulations 1989	S.I. 1989/1745	The whole Regulations
The Police (Amendment) Regulations 1990	S.I. 1990/401	The whole Regulations
The Police (Amendment) (No.2) Regulations 1990	S.I. 1990/1127	The whole Regulations
The Police (Amendment) (No.3) Regulations 1990	S.I. 1990/1573	The whole Regulations
The Police (Amendment) (No.4) Regulations 1990	S.I. 1990/2619	The whole Regulations
The Police (Amendment) Regulations 1991	S.I. 1991/2484	The whole Regulations
The Police (Amendment) (No.2) Regulations 1991	S.I. 1991/2650	The whole Regulations
The Police (Amendment) (No.3) Regulations 1991	S.I. 1991/2869	The whole Regulations
The Police (Amendment) Regulations 1992	S.I. 1992/275	The whole Regulations
The Police (Amendment) (No.2) Regulations 1992	S.I. 1992/1278	The whole Regulations
The Police (Amendment) Regulations 1993	S.I. 1993/313	The whole Regulations
The Police (Amendment) (No.2) Regulations 1993	S.I. 1993/1198	The whole Regulations
The Police (Amendment) (No.3) Regulations 1993	S.I. 1993/2047	The whole Regulations
The Police (Amendment) (No.4) Regulations 1993	S.I. 1993/2527	The whole Regulations
The Police (Amendment) Regulations 1994	S.I. 1994/1308	The whole Regulations
The Police (Amendment) (No.2) Regulations 1994	S.I. 1994/2195	The whole Regulations
The Police (Amendment) (No.3) Regulations 1994	S.I. 1994/2331	The whole Regulations
The Police (Amendment) (No.4) Regulations 1994	S.I. 1994/2993	The whole Regulations

PART II — SAVINGS

General interpretation

1

In this Part “the 1987 Regulations”means the Police Regulations 1987.

Part-time service

2

In relation to a person performing part-time service in the rank of inspector or chief inspector pursuant to an appointment in the rank in question made under regulation 8A of the 1987 Regulations before 1st September 1994, these Regulations shall have effect as if for all purposes except that of determining pay the appointment had been in a rank lower than inspector.

Housing payments

Interpretation

3

• (1) This paragraph has effect for defining expressions used in paragraphs 4 to 9.

• (2) “Qualifying member”means a member of a police force who—

• (a) immediately before 1st September 1994 was a member of that or another police force,

• (b) was not then on unpaid leave,

• (c) has at all times after 31st August 1994 been a member of a police force, and

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

• (3) “Re-joining member”means a member of a police force 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[^f00038]as they had effect before 1st September 1994—

• (a) a housing allowance under regulation 49,

• (b) a transitional rent allowance and a transitional supplementary rent allowance under regulation 49B,

• (c) a supplementary housing allowance under regulation 50,

• (d) a compensatory grant under regulation 52, and

• (e) a compensatory allowance under regulation 52B,

and in relation to a re-joining member includes a rent allowance under regulation 49 as it had effect before 1st April 1990; and “housing allowance”and “transitional rent allowance”mean respectively the allowances mentioned in (a) and (b) above.

• (6) “The revoked provisions”means the provisions of the 1987 Regulations relating to housing and housing payments that were revoked on 1st September 1994, that is to say regulations 49 to 52, 52B and 72, paragraphs 16 to 18 of Schedule 1A and paragraph 4(1) and (2) of Schedule 4[^f00039].

Qualifying member previously provided with accommodation

4

• (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 9, 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 49(11) or 50(3) was or would have been then payable.

Qualifying member with housing emoluments

5

• (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 9, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.

Re-joining member previously provided with accommodation

6

• (1) A re-joining member who immediately before the relevant absence began was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.

• (2) The replacement allowance is, subject to paragraph 9, 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.

Re-joining member previously in receipt of housing payments

7

• (1) A re-joining member who immediately before the relevant absence began was in receipt—

• (a) of housing emoluments, or

• (b) of a replacement allowance under paragraph 4 or 5,

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 9, 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.

Members provided with house or quarters

8

A qualifying member or a re-joining 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 49(11) or 50(3) of the 1987 Regulations,

is, subject to paragraph 9, entitled to an equivalent replacement allowance.

Variation and termination of replacement allowances

9

• (1) Subject to sub-paragraph (2), in circumstances in which—

• (a) a housing allowance or transitional rent allowance payable as mentioned in paragraph 4(2) or 6(2), or

• (b) any of the housing emoluments mentioned in paragraphs 5(1), 7(1)(a) and 8,

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 of a police force appointed after 31st August 1994.

• (3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 49A of the 1987 Regulations (which provided for biennial adjustment of housing allowances), or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.

Continuance in force until 1st April 1995 of regulations 7 and 15 of the 1987 Regulations

10

The following provisions of the 1987 Regulations, namely regulation 7 (authorised establishment) and regulation 15 (appointment of deputy chief constable) shall continue to have effect until 1st April 1995.

Signed

David Maclean — Minister of State — 30th January 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations (which extend to England and Wales) consolidate with amendments the Police Regulations 1987 as amended by the regulations specified in Part I of Schedule 12 to these Regulations (“the 1987 Regulations”). The amendments, other than drafting amendments, made by these Regulations are as follows.

Consequent on changes made by the Police and Magistrates' Courts Act 1994 (c. 29), regulation 7 (authorised establishment) of the 1987 Regulations has not been reproduced. Provisions about deputy chief constables have been omitted (subject to transitional provisions) because that rank is abolished by amendments made by the 1994 Act which come into force (by virtue of S.I. 1994/3262) on 1st April 1995. Paragraphs (4) to (6) of regulation 6 of these Regulations provide for the abolition of the rank of chief superintendent.

Regulation 30(3) (public holidays and rest days for inspectors and chief inspectors) provides for days in lieu where the exigencies of duty have precluded the allowance of a day’s leave on public holidays and the granting of rest days.

The maximum amount authorised by regulation 52(8) (removal allowance) is increased from £1,290 to £1,315. By virtue of regulation 1 this amendment has effect from 1st April 1994. The amount authorised by paragraph 3(2) of Schedule 5 is increased from £1,344 to £1,365. By virtue of regulation 1 this amendment has effect from 1st July 1993. Retrospection is authorised by section 33(4) of the Police Act 1964.

Footnotes

[^f00001]: 1964 c. 48; section 33 was amended by the Police and Magistrates' Courts Act 1994 (c. 29), and those amendments (except new section 33(3)) have been brought into force by S.I. 1994/2025.

[^f00002]: 1980 c. 10.

[^f00003]: 1933 c. 51.

[^f00004]: 1946 c. 46.

[^f00005]: 1958 c. 55.

[^f00006]: 1963 c. 33.

[^f00007]: 1994 c. 29; the relevent amendment is made by section 14 of the 1994 Act.

[^f00008]: 1972 c. 70.

[^f00009]: 1992 c. 19.

[^f00010]: 1964 c. 40.

[^f00011]: 1984 c. 60.

[^f00012]: S.I. 1969/1787, to which there are amendments not relevant to these Regulations.

[^f00013]: 1976 c. 35.

[^f00014]: 1967 c. 77.

[^f00015]: 1982 c. 36.

[^f00016]: 1894 c. 60.

[^f00017]: Section 5A(1) was inserted by section 5 of the Police and Magistrates' Courts Act 1994 (c. 29).

[^f00018]: Sections 5A and 6 were substituted by section 5 and 6 of the Police and Magistrates' Courts Act 1994.

[^f00019]: Sections 21 and 21A were substituted by section 14 of the Police and Magistrates' Courts Act 1994.

[^f00020]: 1945 c. 17, as read with section 11 of the Overseas Development and Co-operation Act 1980 (c. 63).

[^f00021]: Section 53C was inserted by section 26 of the Police and Magistrates' Courts Act 1994.

[^f00022]: 1969 c. 63.

[^f00023]: Section 53C was inserted by section 26 of the Police and Magistrates' Courts Act 1994.

[^f00024]: 1987 c. 4.

[^f00025]: 1923 c. 11.

[^f00026]: 1968 c. xxxii.

[^f00027]: 1982 c. 36.

[^f00028]: 1948 c. 56.

[^f00029]: 1981 c. 61.

[^f00030]: 1980 c. 63.

[^f00031]: 1992 c. 4.

[^f00032]: 1977 c. 49; sections 78 and 79 were amended by the Health and Medicines Act 1988 (c. 49), section 11, Schedule 2, paragraph 5 and Schedule 3.

[^f00033]: S.I. 1971/156; regulation 59 was revoked by S.I. 1978/1169.

[^f00034]: 1982 c. 36.

[^f00035]: 1952 c. 52.

[^f00036]: S.I. 1985/519.

[^f00037]: 1994 c. 22.

[^f00038]: By S.I. 1994/2195.

[^f00039]: Regulations 49, 49A, 49B, 49C, 49D, 50 and 51 were inserted by S.I. 1990/401 and amended by S.I. 1990/1127, S.I. 1990/1573 and S.I. 1993/1198; regulation 52B was substituted by S.I. 1994/1308; regulations 52 and 72 and paragraph 4(1) and (2) of Schedule 4 were amended by S.I. 1990/401; and paragraphs 16 to 18 of Schedule 1A were inserted by S.I. 1992/1278.