The Police Regulations 2003

Where a member of an aerodrome constabulary has been transferred to a police force by an order under section 30 of the Aviation Security Act 1982 then, for the purposes of regulation 24, his service in any rank in that constabulary shall be treated as if it were service in the corresponding rank in a police force.

Reckoning by constables of overseas police service

44

• (1) A member of a police force of the rank of constable shall be entitled to reckon for the purposes of pay for that rank the following periods of service, that is to say, any period of—

• (a) certified overseas police service such as is mentioned in paragraph (2);

• (b) certified service in the British South Africa Police such as is mentioned in paragraph (3),

• (c) such service in a police force in the Channel Islands or the Isle of Man as is mentioned in paragraph (4),

notwithstanding that such service is not service in the rank of constable in a police force in Great Britain.

• (2) The reference in paragraph (1) to certified overseas police service is a reference to—

• (a) continuous service as a member of a police force in any territory or country outside the United Kingdom, being a colony, protectorate or protected state within the meaning of the British Nationality Act 1948 a dependent territory within the meaning of the British Nationality Act 1981 or, where appropriate, the territory or country wherein the colony, protectorate or protected state or dependent territory was incorporated after the inception of the service, subject to it having been certified by or on behalf of the Secretary of State that—

• (i) the service was, at its inception, pensionable, and

• (ii) in his opinion the person concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question, or

• (b) continuous service for 6 years or more as a member of a police force outside the United Kingdom, subject to it having been certified by or on behalf of the Secretary of State that—

• (i) the person concerned so served under a contract of service,

• (ii) immediately before he ceased so to serve, the person concerned was, for the purposes of section 12 of the Overseas Development and Co-operation Act 1980 , a person designated in accordance with such an agreement as is therein mentioned, and

• (iii) in his opinion the person concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question,

except that the said reference in paragraph (1) does not include a reference to service as a reversionary member of a home police force.

• (3) The reference in paragraph (1) to certified service in the British South Africa Police is a reference to continuous service as a member thereof, for a period which included 11th November 1965, up to such time, on or after that date, as the person concerned ceased to perform duties therein, subject to his having ceased to perform those duties before 2nd March 1970 and subject to it having been certified by or on behalf of the Secretary of State that he approves the application of this regulation in the case of the person concerned.

• (4) The reference in paragraph (1) to service in a police force in the Channel Islands or the Isle of Man is a reference to service in—

• (a) the Island police force maintained under the Police Force (Guernsey) Law 1986;

• (b) the States of Jersey police force maintained under the Jersey Laws entitled the Police Force (Jersey) Law 1974, or

• (c) the Isle of Man Constabulary maintained under the Police Act 1993 (an Act of Tynwald).

• (5) A certificate given by or on behalf of the Minister of Overseas Development before 12th November 1970, shall be treated for the purposes of paragraph (2) as if it had been given by or on behalf of the Secretary of State.

PART 8 — UNIFORM AND EQUIPMENT

Issue of uniform and equipment

45

The Secretary of State shall determine the circumstances in which and the conditions subject to which uniform and equipment is to be issued by the local policing body to a member of a police force of the rank of constable or sergeant, and in making such a determination the Secretary of State may confer on the local policing body discretion—

• (a) to specify the type of uniform and equipment to be issued;

• (b) to issue uniform and equipment to members of the police force in ranks other than constable or sergeant.

PART 9 — DETERMINATIONS

Determinations

46

• (1) Before making a determination under any provision of these Regulations relating to matters mentioned in section 50(2ZC) of the Act, the Secretary of State must obtain the approval of the College of Policing.

• (1A) Before making a determination under any provision of these Regulations relating to matters mentioned in section 52A(1) of the Act, the Secretary of State shall (subject to paragraph (1B))—

• (a) where the determination concerns members of police forces of or below the rank of chief superintendent, or police cadets—

• (i) refer the matter to the Police Remuneration Review Body under section 64B(1) of the Act; and

• (ii) consider that body’s report on the matter;

• (b) where the determination concerns members of police forces above the rank of chief superintendent—

• (i) consider advice on the matter from the Senior Salaries Review Body; or

• (ii) where paragraph (1AA) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) of the Act and consider that body’s report on the matter;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1AA) This paragraph applies where—

• (a) the determination would affect members of police forces who are not above the rank of chief superintendent as well as those who are; and

• (b) the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.

• (1B) The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—

• (a) there is not enough time to do so because the need to make the determination is so urgent; or

• (b) it is unnecessary to do so by reason of the nature of the proposed determination.

• (1C) In circumstances in which the duty in paragraph (1A) applies, or would have applied but for paragraph (1B), before making the determination the Secretary of State shall supply a draft of it to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—

• (a) the persons and bodies who between them maintain police forces;

• (b) chief officers of police;

• (c) members of police forces; and

• (d) police cadets appointed under section 28 of the Act.

• (2) Before making a determination under any provision of these Regulations relating to any other matter, the Secretary of State shall supply the Police Advisory Board for England and Wales with a draft of the determination, and take into consideration any representations made by that Board.

• (3) A determination under any provision of these Regulations for regulating pay and allowances may be made with retrospective effect to any date specified in the determination, but nothing in this paragraph shall be construed as authorising the pay or allowances payable to any person to be reduced retrospectively.

• (4) A determination under any provision of these Regulations may make different provision for different cases and circumstances.

PART 10 — REVOCATIONS AND SAVINGS

Revocations and savings

47

• (1) The Regulations specified in Part 1 of Schedule 4 are revoked to the extent specified.

• (2) The revocations have effect subject to the savings in Part 2 of Schedule 4.

SCHEDULE 1 — RESTRICTIONS ON THE PRIVATE LIFE OF MEMBERS OF POLICE FORCES

1

• (1) A member of a police force shall at all times abstain from any activity which is likely to interfere with the impartial discharge of his duties or which is likely to give rise to the impression amongst members of the public that it may so interfere.

• (2) A member of a police force shall in particular–

• (a) not take any active part in politics;

• (b) not belong to any organisation specified or described in a determination of the Secretary of State.

2

A member of a police force shall not reside at premises which are not for the time being approved by the chief officer.

3

• (1) A member of a police force shall not, without the previous consent of the chief officer, receive a lodger in a house or quarters with which he is provided by the local policing body or sub-let any part of the house or quarters.

• (2) A member of a police force shall not, unless he has previously given written notice to the chief officer, receive a lodger in a house in which he resides and in respect of which he receives an allowance under Schedule 3 or sub-let any part of such a house.

4

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

SCHEDULE 2 — EFFECT OF DISCIPLINARY ACTION ON PAY AND ALLOWANCES

1

• (1) Subject to paragraph 3, a member of a police force suspended under the Conduct Regulations who—

• (a) is detained in pursuance of a sentence of a court in a prison or other institution to which the Prison Act 1952 applies, or is in custody (whether in prison or elsewhere) between conviction by a court and sentence, or

• (b) has absented himself from duty and whose whereabouts are unknown to the chief officer (or an assistant chief officer acting as chief officer),

shall not, by virtue of regulation 24, be entitled to pay in respect of his period in detention or custody or, as the case may be, in respect of the period during which his whereabouts are unknown as aforesaid.

• (2) Where the member suspended is a chief officer, sub-paragraph (1)(b) shall have effect as if for the words after “unknown” there were substituted “to the local policing body”.

2

Subject to paragraph 3, a member of a police force suspended under the Conduct Regulations shall not, by virtue of Part 6 of these Regulations, be entitled to any allowance, in respect of the period of suspension, other than—

• (a) an allowance under Schedule 3; or

• (b) in the case of a member to whom paragraph 1(1) does not apply, such allowance as the Secretary of State may determine.

3

Where a member of a police force returns to duty when the period of suspension comes to an end and—

• (a) it has been decided that he shall not be charged with a disciplinary offence, or

• (b) he has been so charged and all the charges have been dismissed, or

• (c) he has been so charged and has been punished by a reduction in his rate of pay, fine, reprimand or caution,

he shall receive, as from the date of his suspension, the pay to which, but for paragraph 1, and the allowances to which, but for paragraph 2, he would have been entitled by virtue of these Regulations.

4

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

SCHEDULE 3 — REPLACEMENT ALLOWANCE

Interpretation

1

• (1) This paragraph has effect for defining expressions used in paragraphs 2 to 8.

• (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) Where a member of a police force in Scotland or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.

• (4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.

• (4A) Where a member of the Royal Parks Constabulary in receipt of a housing allowance transfers on or after 1st July 2004 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.

• (5) “Re-joining member” means a member of a police force who by reason only of a relevant absence is not a qualifying member.

• (6) “Relevant absence” means—

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

• (b) a period of relevant service within the meaning of paragraph (ca), (cb) or (cc) of section 97(1) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland, or

• (c) a period of unpaid leave, or

• (d) a period of ill-health retirement, or

• (e) a period of service as a specified NCA officer,

ending after 31st August 1994.

• (6A) In sub-paragraph (6), “period of ill-health retirement” means a period—

• (a) commencing when a member of a police force retires with an entitlement to an ill-health award under regulation B3 of the Police Pensions Regulations 1987 or with an ill-health pension under regulation 29 of the Police Pensions Regulations 2006, and

• (b) ending when the member rejoins the force in accordance with regulation K1(3) of the Police Pensions Regulations 1987 or regulation 51(4) of the Police Pensions Regulations 2006, as the case may be.

• (7) “Housing emoluments” means a housing allowance paid to members of the British Transport Police Force or Royal Parks Constabulary or 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 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.

• (8) “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 lA and paragraph 4(1) and (2) of Schedule 4 .

• (9) “The 1987 Regulations” means the Police Regulations 1987 .

• (10) Where a qualifying member or a re-joining member resides in accommodation which he shares with a specified NCA officer falling within sub-paragraph (11), that member shall, for the purposes of this Schedule and the revoked provisions, be treated as if he shared the accommodation with a member of a police force.

• (11) A specified NCA officer falls within this sub-paragraph if—

• (a) before becoming a specified NCA officer the employee was a qualifying member or a re-joining member; and

• (b) the employee is in receipt of an allowance equivalent to the replacement allowance he would receive if he continued to be a qualifying member or a re-joining member, as the case may be.

Qualifying member previously provided with accommodation

2

• (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 7, 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

3

• (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 paragraphs 7 and 8, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.

Re-joining member previously provided with accommodation

4

• (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 7, 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

5

• (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 2 or 3,

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 7, an allowance—

• (a) where sub-paragraph (1)(a) applies , and subject to paragraph 8, at the rate at which the housing emoluments were payable, and

• (b) where sub-paragraph (l)(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

6

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 7, entitled to an equivalent replacement allowance.

Variation and termination of replacement allowances

7

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

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

• (b) any of the housing emoluments mentioned in paragraphs 3(1), 5(1)(a) and 6,

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 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 not increased accordingly.

SCHEDULE 4 — REVOCATIONS AND SAVINGS

PART 1 — REVOCATIONS

Instruments Revoked	References	Extent of revocation
The Police Regulations 1995	S.I. 1995/215	The whole Regulations
The Police (Amendment) Regulations 1995	S.I. 1995/547	The whole Regulations
The Police (Amendment No. 2) Regulations 1995	S.I. 1995/2020	The whole Regulations
The Police (Amendment) Regulations 1996	S.I. 1996/699	The whole Regulations
The Police (Amendment) Regulations 1998	S.I. 1998/493	The whole Regulations
The Police Pensions (Amendment) Regulations 1998	S.I. 1998/577	Regulation 5(4)
The Police (Efficiency) Regulations 1999	S.I. 1999/732	Regulation 23
The Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000	S.I. 2000/1549	Article 4
The Police (Amendment) Regulations 2000	S.I. 2000/2013	The whole Regulations
The Police (Amendment) Regulations 2001	S.I. 2001/3293	The whole Regulations
The Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 2001	S.I. 2001/3888	Regulation 3
The Police (Amendment) Regulations 2002	S.I. 2002/1758	The whole Regulations
The Police (Amendment) (No.2) Regulations 2002	S.I. 2002/2529	The whole Regulations
The Police (Amendment) (No.3) Regulations 2002	S.I. 2002/3162	The whole Regulations

PART 2 — SAVINGS

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 Police Regulations 1987⁴⁰ before 1st September 1994, these Regulations, and any determination made thereunder, shall have effect as if, for all purposes except that of determining pay, the appointment had been in a rank lower than inspector.

Signed

John Denham — Minister of State — 2003-03-05

Explanatory note

(This note is not part of the Regulations)

Footnotes

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 Police Regulations 1987 before 1st September 1994, these Regulations, and any determination made thereunder, shall have effect as if, for all purposes except that of determining pay, the appointment had been in a rank lower than inspector.

Editorial notes