The Police Regulations 2003

Made: 5th March 2003

Laid before Parliament: 10th March 2003

Coming into force: 1st April 2003

The Secretary of State, in exercise of the powers conferred on him by section 50 of the Police Act 1996 and section 405 of the Greater London Authority Act 1999 , and after taking into consideration the recommendations of the Police Negotiating Board and supplying that Board with a draft of these Regulations in accordance with section 62(1) of the Police Act 1996, and after supplying a draft of these Regulations to the Police Advisory Board for England and Wales and taking into consideration their representations in accordance with section 63(3) of the Police Act 1996, hereby makes the following Regulations:

PART 1 — COMMENCEMENT AND INTERPRETATION

Citation, commencement and extent

1

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

• (2) These Regulations extend to England and Wales.

References to transfers

2

• (1) A reference in these Regulations to a member of a police force voluntarily transferring from one force to another shall be construed as a reference to such a member leaving a force for the purpose of joining another force and joining that other force, where he left the force first mentioned in this regulation on or after 1st January 1963 for that purpose with, in the case of the chief officer, the consent of the local policing body.

• (2) Except where the context otherwise requires, a reference in these Regulations to a member of a police force being statutorily transferred from one force to another shall be construed as a reference to such a member being transferred—

• (a) by or under the Local Government Act 1933 , the Police Act 1946 , the Local Government Act 1958 , the London Government Act 1963 , the Police Act 1964 (including that Act as amended by the Police and Magistrates' Courts Act 1994 ), the Local Government Act 1972 , the Local Government Act 1992 or the Police Act 1996;

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

• (3) A reference in these Regulations to a member of a police force transferring from one force to another shall be construed as a reference to his either voluntarily so transferring or being statutorily so transferred.

Interpretation

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• (1) In these Regulations—

• “the 2011 Act” means the Police Reform and Social Responsibility Act 2011;

• “Act” means the Police Act 1996;

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

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

• “chief officer” means chief officer of police;

• “Conduct Regulations” means the regulations relating to conduct from time to time in force under section 50 of the Act ...;

• “DE Inspector Programme” means a programme for the time being recognised by the Secretary of State for the purposes of these Regulations as the Direct Entry (Inspector) Programme;

• “DE inspector” means an inspector participating in the DE Inspector Programme;

• “DE Superintendent Programme” means a programme for the time being recognised by the Secretary of State for the purposes of these Regulations as the Direct Entry (Superintendent) Programme;

• “DE superintendent” means a superintendent participating in the DE Superintendent Programme;

• “FT Programme” means a programme for the time being recognised by the Secretary of State for the purposes of these Regulations as the Constable to Inspector Fast Track Programme;

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

• “member of a police force” includes such a member who is suspended under the Conduct Regulations;

• “NCA” means the National Crime Agency;

• “oral fluid” includes saliva;

• “pensionable service” has the same meaning as in the Police Pensions Regulations;

• “Police Pensions Regulations” means the regulations from time to time in force under the Police Pensions Act 1976 ;

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

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

• “rejoiner member” means a member of a police force to whom regulation 10B applies;

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

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

• ...

• “specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Police Pensions Act 1976;

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

• (2) In these Regulations, a reference to a police force shall include a reference to the ... Police Service of Northern Ireland and a police force maintained under the Police (Scotland) Act 1967 , so, however, that nothing in these Regulations shall be construed as relating to the government, administration or conditions of service of the Police Service of Northern Ireland or such a force.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In these Regulations a reference to an aerodrome constabulary is a reference to such a constabulary within the meaning of the Aviation Security Act 1982 , and a reference to a rank in such a constabulary corresponding to a rank in a police force is a reference to a rank in that constabulary designated for the purposes hereof by the Secretary of State as the rank corresponding to the rank in question.

• (4) Nothing in these Regulations shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

PART 2 — GOVERNMENT

Ranks

4

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

• Chief Constable;

• Deputy Chief Constable;

• Assistant Chief Constable;

• Chief Superintendent;

• Superintendent;

• Chief Inspector;

• Inspector;

• Sergeant;

• Constable.

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

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

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

• (3) In its application to the City of London police force (in respect of which a Commissioner of the City of London Police is appointed under the Acts relating to that force) paragraph (1) shall have effect as if—

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

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part-time appointments

5

• (1) ... A chief officer may ... appoint persons to perform part-time service in any rank.

• (2) In these Regulations a person appointed to perform part-time service includes a person appointed to share a job with another person.

• (3) A person appointed to perform part-time service may not be appointed to serve as a full-time member without his consent.

• (4) A person appointed to perform part-time service immediately after serving as a full-time member may give notice in writing of his intention to be re-appointed as a full-time member and shall be so appointed—

• (a) within 2 months of the date the notice is received by the local policing body, where the body has a suitable vacancy, or

• (b) except where sub-paragraph (a) applies, when 4 months have elapsed since the day the notice was received, or from an earlier date if reasonably practicable.

• (5) A person serving as a full-time member of a police force may not be appointed to perform part-time service without his consent.

• (6) In this regulation “full-time member” means a member appointed otherwise than under this regulation.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on the private life of members

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• (1) The restrictions on private life contained in Schedule 1 shall apply to all members of a police force.

• (2) No restrictions other than those designed to secure the proper exercise of the functions of a constable shall be imposed by the local policing body or the chief officer on the private life of members of a police force except—

• (a) such as may temporarily be necessary, or

• (b) such as may be approved by the Secretary of State after consultation with the Police Advisory Board for England and Wales.

• (3) Any restriction temporarily imposed under paragraph (2) shall be reported forthwith to the Secretary of State.

Business interests incompatible with membership of a police force

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• (1) Where, in the case of a member of a police force—

• (a) a business interest has been held by the appropriate officer to be incompatible with continued membership of the force under regulation 8; and

• (b) either—

• (i) no appeal has been made under regulation 9, or

• (ii) such an appeal has been made and the chief officer has upheld the decision of the appropriate officer,

the decision of the appropriate officer shall be regarded as a lawful order for the purposes of the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008 and, in the event of any failure to abide by the decision, those Regulations shall apply as though the appropriate authority had determined under regulation 19(4) of those Regulations that the member had a case to answer in respect of gross misconduct.

• (2) For the purposes of this regulation and regulations 8 and 9 a person has a business interest if—

• (a) being a member of a police force, the person holds any office or employment for hire or gain (otherwise than as a member of the force) or carries on any business; or

• (b) being a member of a police force or a relative of a member, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question.

• (3) Functions of the chief officer under this regulation and regulations 8 and 9 may be exercised only—

• (a) by the chief officer personally; or

• (b) by an acting chief officer.

• (4) A member of a police force may choose—

• (a) another member of a police force;

• (b) a police staff member, or

• (c) a person nominated by the member’s staff association,

who is not otherwise involved in the matter to act as the member’s police friend in relation to the procedures set out in regulations 8 and 9.

• (5) A police friend may—

• (a) advise the member concerned throughout the procedures set out in regulations 8 and 9;

• (b) accompany the member concerned to any meeting held under regulation 8 or 9; and

• (c) make representations on the member’s behalf at any such meeting,

and a chief officer shall permit a police friend who is under the chief officer’s direction and control to use a reasonable amount of duty time for these purposes.

• (6) In this regulation and regulations 8 and 9—

• “acting chief officer” means—a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, ora person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;

• “appropriate officer” means a person serving in the part of the police force responsible for the maintenance of standards of professional behaviour who has been authorised by the chief officer to exercise functions under regulation 8;

• “police staff member” means—a member of the civilian staff of a police force (within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011); oran employee of the Common Council of the City of London who is under the direction and control of the Commissioner of the City of London Police;

• “relative”, in relation to a member of a police force, means—a spouse or civil partner who is not separated from the member;a person living with the member as if they were the member’s spouse or civil partner; ora parent, son, daughter, brother or sister of the member,who is included in the member’s family;

• “staff association” means—in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales;in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents’ Association of England and Wales; andin relation to a member of a police force who is a senior officer, the Chief Police Officers’ Staff Association.

• (7) In its application to a chief officer, this regulation and regulations 8 and 9 have effect with the following modifications—

• (a) paragraph (3) of this regulation has effect as if it read—

(3) Functions of the local policing body under this regulation and regulations 8 and 9 may be exercised, where that body is an elected local policing body, only by the body personally or by a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011.

• (b) in paragraph (6) of this regulation—

• (i) the definition of “acting chief officer” is omitted;

• (ii) the definition of “appropriate officer” has effect as if it read—

• “appropriate officer” means a member of the staff of the local policing body who is not under the direction and control of the chief officer and who has been authorised by the body to exercise functions under regulation 8;

; and

• (iii) every other reference to the chief officer has effect as a reference to the local policing body.

Business interests: supplementary

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• (1) If a member of a police force—

• (a) has or proposes to have a business interest which has not previously been disclosed; or

• (b) is or becomes aware that a relative has or proposes to have a business interest which, in the opinion of the member, interferes or could be seen as interfering with the impartial discharge of the member’s duties and has not previously been disclosed,

the member shall immediately give written notice of that business interest to the chief officer.

• (2) On receipt of a notice given under paragraph (1), the chief officer shall direct the appropriate officer to decide whether or not the business interest is compatible with the member concerned remaining a member of the police force.

• (3) In deciding whether the business interest is compatible with the member concerned remaining a member of the police force, the appropriate officer shall have regard to whether, as a result of the business interest, the member’s conduct fails or would fail to meet the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008.

• (4) Where the appropriate officer is minded to decide that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the officer shall—

• (a) notify the member in writing of this preliminary view and the reasons for it;

• (b) give the member the opportunity to make representations in writing, at a meeting, or both, at the discretion of the member; and

• (c) take any such representations into account.

• (5) Whether or not notification is given under paragraph (4), the appropriate officer shall, within 28 days of receipt of the notice given under paragraph (1), notify the member concerned in writing of the officer’s decision in relation to the business interest.

• (6) Where the decision is that the business interest is compatible with the member concerned remaining a member of the police force, the notification under paragraph (5) may include a requirement for the member to furnish particulars of changes in the business interest, as respects its nature, extent or otherwise.

• (7) Where the decision is that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the notification under paragraph (5) shall—

• (a) include a statement of the reasons for the decision;

• (b) be accompanied by copies of any document on which the officer relies in support of the decision, and

• (c) inform the member of the existence of the right of appeal under regulation 9.