Police Regulations 2003

2003 No. 527

POLICE, ENGLAND & WALES

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 19961and section 405 of the Greater London Authority Act 19992, 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:

1 COMMENCEMENT AND INTERPRETATION

PART 1

COMMENCEMENT AND INTERPRETATION

S-1 Citation, commencement and extent

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.

S-2 References to transfers

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 police authority.

(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)

(a) by or under the Local Government Act 19333, the Police Act 19464, the Local Government Act 19585, the London Government Act 19636, the Police Act 19647(including that Act as amended by the Police and Magistrates' Courts Act 19948), the Local Government Act 19729, the Local Government Act 199210or the Police Act 1996;

(b)

(b) in the case of a person who was a member of the River Tyne police force, under the Harbours Act 196411.

(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.

S-3 Interpretation

Interpretation

3.—(1) In these Regulations—

“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 194912;

“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;

“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;

“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 197613;

“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;

“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;

“university scholar” means a member of a police force on a course of university study nominated by the Secretary of State or by the police authority 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 196714, 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.

(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 198215, 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.

2 GOVERNMENT

PART 2

GOVERNMENT

S-4 Ranks

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)

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

(b)

(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)

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

(b)

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

S-5 Part-time appointments

Part-time appointments

5.—(1) A chief officer may, after consultation with local representatives of the representative bodies, 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)

(a) within one month of the date the notice is received by the police authority, where the authority has a suitable vacancy, or

(b)

(b) except where sub-paragraph (a) applies, when 3 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) In relation to persons appointed under this regulation to perform part-time service:

(a)

(a) regulation 12 has effect as if the words “, other than such a member who transferred to the force from another police force having completed the required period of probation therein,” were omitted; and

(b)

(b) regulation 25 has effect as if—

(i) in paragraph (1) for all the words after “compensated in respect of time” there were substituted “spent on duty in excess of such period as the Secretary of State may determine”; and

(ii) paragraph (2) were omitted.

S-6 Restrictions on the private life of members

Restrictions on the private life of members

6.—(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 police authority or the chief officer on the private life of members of a police force except—

(a)

(a) such as may temporarily be necessary, or

(b)

(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.

S-7 Business interests incompatible with membership of a police force

Business interests incompatible with membership of a police force

7.—(1) If a member of a police force or a relative included in his family proposes to have, or has, a business interest within the meaning of this regulation, the member shall forthwith give written notice of that interest to the chief officer unless that business interest was disclosed at the time of his appointment as a member of the force.

(2) On receipt of a notice given under paragraph (1), the chief officer shall determine whether or not the interest in question is compatible with the member concerned remaining a member of the force and, within 28 days of the receipt of that notice, shall notify the member in writing of his decision.

(3) Within 10 days of being notified of the chief officer’s decision as aforesaid, or within such longer period as the police authority may in all the circumstances allow, the member concerned may appeal to the police authority against that decision by sending written notice of his appeal to the police authority.

(4) Upon receipt of such notice, the police authority shall forthwith require the chief officer to submit to them,...

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