Statutory Instrument 1994 No. 2195

The Police (Amendment) (No. 2) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2195

POLICE

The Police (Amendment) (No. 2) Regulations 1994

The Secretary of State in exercise of the powers conferred on him by section 33 of the Police Act 1964^[589], and after taking into consideration the representations made by the Police Advisory Board for England and Wales and the recommendations made by the Police Negotiating Board for the United Kingdom and after satisfying the requirements of section 46 of that Act and section 2(1) of the Police Negotiating Board Act 1980^[590] as to the furnishing of drafts of the Regulations to the said Boards hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 1994 and shall come into force on 1st September 1994.

    (2)  In these Regulations "the principal Regulations" means the Police Regulations 1987^[591].

Part-time appointments
    2.    Regulation 8A(8) of the principal Regulations is amended by substituting for the words "chief inspector" the word "sergeant".

Normal daily period of duty
    3.    Regulation 26(1) of the principal Regulations is amended by substituting for the word "superintendent" the word "inspector".

Variable shift arrangements
    4.    Regulation 26A(1) of the principal Regulations is amended by substituting for the word "superintendent" the word "inspector".

Rostering of duties
    5.    Regulation 27(1) of the principal Regulations is amended by substituting for the word "superintendent" the word "inspector".

Overtime
    6.    Regulation 28(3) of the principal Regulations is amended—
 (a) by inserting after the words "member of a police force" the words "below the rank of inspector"; and
 (b) by inserting after the words "that week" the words “, except that on each of the first 4 occasions on which overtime in respect of which the member was not informed as mentioned in paragraph (6) is worked during a week 30 minutes of the overtime worked is to be disregarded”.

Public holidays and rest days for lower ranks
    7.    Regulation 29 of the principal Regulations is amended—
 (a) in paragraph (1) by substituting for the word "superintendent" the word "inspector";
 (b) in paragraph (3) by substituting for sub-paragraphs (a) to (c)—
"(a) where he receives less than 15 days' notice of the requirement, an allowance at the appropriate rest-day rate; or

(b) in any other case, another rest day, which shall be notified to him within 4 days of notification of the requirement." ;

 (c) by inserting after paragraph (3)—
"  (3A)  The appropriate rest-day rate is, for each completed 15 minutes of duty on a rostered rest day, the fraction of a day's pay specified in paragraph (3B).

    (3B)  The fraction is—
(a) where the member received less than 8 days' notice of the requirement, one sixteenth; and

(b) in any other case, three sixty-fourths." ;

 (d) in paragraph (5) by substituting for the words "paragraph (3)(a) or (b)" the words "paragraph (3)(a)", and for sub-paragraph (b)—
"(b) in the case of a rostered rest day—
(i) where the member received less than 8 days' notice of the requirement, to double, and

(ii) in any other case, to one and a half times," .

 (e) in paragraph (6) by substituting for the words "paragraph (3)(a) or (b)" the words "paragraph (3)(a)";
 (f) in paragraph (7)(c) by deleting the words after "public holiday"; and
 (g) in paragraph (7)(f) by inserting after the words "a period of 4 completed hours" the words “,except that a period of not more than one hour of duty on a rostered rest day shall, if it immediately follows a period for which he was on duty as part of a normal daily period of duty, count as the number of periods of 15 minutes actually completed”.

Public holidays and rest days for inspectors
    8.    The principal Regulations are amended by inserting after regulation 29—

"Public holidays and rest days for inspectors
    29A.—(1)  This regulation applies to every member of a police force of the rank of inspector or chief inspector.

    (2)  Such a member shall, so far as the exigencies of duty permit, be allowed a day's leave on each public holiday and be granted rest days at the rate of two rest days in respect of each week." .

Pay during sick leave
    9.    The principal Regulations are amended by inserting after regulation 43—

"Pay during sick leave
    43A.—(1)  Subject to paragraphs (2) and (3), if on any relevant day a member of a police force has during the period of 12 months ending with that day been on sick leave for 183 days, he ceases for the time being to be entitled to full pay, and becomes entitled to half pay, while on sick leave.

    (2)  Subject to paragraph (3), if on any relevant day a member of a police force has been on sick leave for the whole of the period of 12 months ending with that day, he ceases for the time being to be entitled to any pay while on sick leave.

    (3)  The chief officer of police may in a particular case determine that for a specified period—
(a) a member who is entitled to half pay while on sick leave is to receive full pay, or

(b) a member who is not entitled to any pay while on sick leave is to receive either full pay or half pay,

and may from time to time determine to extend the period.

    (4)  For the purposes of this regulation a relevant day is a day after 30th August 1995 on which a member is on sick leave, and in this regulation—
(a) references to a member's being on sick leave are references to his being absent from duty while entitled to be so, or with the consent of the police authority, under regulation 34,

(b) references to full pay are references to pay at the rate ascertained from regulation 37(1) and, where applicable, regulation 39, and

(c) references to half pay are references to pay at half the rate of the member's full pay." .

Removal allowance
    10.    Regulation 53(1)(d) of the principal Regulations is amended by deleting the words from "and may" to "immediately before the move".

Allowance in respect of medical charges
    11.    Regulation 64 of the principal Regulations is amended—
 (a) in paragraph (1) by substituting for the words from "other" to "paragraph (2)" the words “if the charges are incurred by reason of an injury received without his default in the execution of his duty as a constable”; and
 (b) by deleting paragraph (2).

Modification for part time service
    12.—(1)  In this regulation "Schedule 1A" means Schedule 1A to the principal Regulations.

    (2)  Paragraph 1 of Schedule 1A (which modifies regulation 5 of the principal Regulations) is amended—
 (a) in the inserted paragraph (5) by substituting for the word "superintendent" the word "inspector"; and
 (b) in the inserted paragraph (6) by substituting for the words "chief inspector" the word "sergeant".

    (3)  Paragraph 6 of Schedule 1A is amended in paragraph (2) of the substituted regulation 28 by inserting after the words "in excess of 8 hours" the words “,except that on each of the first 4 occasions on which overtime which the member was not told at the beginning of the shift would be required is worked during a relevant week 30 minutes of the overtime worked is to be disregarded”.

    (4)  Paragraph 7 of Schedule 1A (which modifies regulation 29 of the principal Regulations) is amended—
 (a) by substituting for sub-paragraph (a)—
 “(a) in paragraph (3A) for the words "a day's pay" substitute “the member's hourly rate of pay calculated in accordance with regulation 37(1)”;
 (aa) in paragraph (3B)—
 (i) for the words "one sixteenth" substitute "one quarter", and
 (ii) for the words "three sixty-fourths" substitute "one eighth";
 (ab) after paragraph (3B) insert—
"  (3C)  A member who—
(a) is required to do duty on a free day, and

(b) receives less than 15 days' notice of the requirement,

shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.

    (3D)  This paragraph applies where—
(a) a member is required to do duty on a free day, and

(b) he receives less than 15 days' notice of the requirement, and

(c) the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to be done by any other member.


    (3E)  Where paragraph (3D) applies—
(a) if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (4)(a) or (b)) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour's pay for each completed period of 15 minutes of duty done on the free day, and

(b) in any other case, he is entitled to time off equal to the total length of those periods.


    (3F)  Where—
(a) a member is required to do duty on a free day, and

(b) he receives less than 15 days' notice of the requirement, but paragraph (3E) does not apply, he is entitled to an allowance at the appropriate rest-day rate." ;

 (b) in sub-paragraph (b) in the inserted paragraph (5A) by substituting—
 (i) for the words "paragraph (3C)(a)" the words "paragraph (3E) (a)", and
 (ii) for the words "paragraph (3D)" the words "paragraph (3F)";
 (c) by substituting for sub-paragraph (c)(iii)—
"(iii) after the words "as the case may be," insert "paragraph (3E) or (3F) or";" ;

 (d) by substituting for sub-paragraph (d)(i)—
 “(i) for sub-paragraph (b) substitute—
"(b) "the appropriate rate" is, for each completed 15 minutes of duty done on a public holiday, one quarter of the member's hourly rate of pay calculated in accordance with regulation 37(1);" ; and

 (e) by substituting for sub-paragraph (d)(iii)—
"(iii) in sub-paragraphs (f) and (g) after the words "rostered rest day", wherever occurring, insert "or a free day" and in sub-paragraph (f) for the words "a normal daily period of duty" substitute "a rostered shift"." .


    (5)  Paragraph 22 of Schedule 1A (which modifies regulation 57 of the principal Regulations) is amended in the paragraph (1A) inserted by sub-paragraph (b) by substituting for the words "paragraphs (2), (2A) and (3)" the words "paragraphs (2A) and (3)".

Modification for variable shift arrangements
    13.    Paragraph 4 of Schedule 2A to the principal Regulations is amended by inserting after the words “"not less than"” the words “and in paragraph (7)(f) for the words "a normal daily period of duty" substitute "a rostered shift"”.

Provisions ceasing to have effect
    14.    The following provisions of the principal Regulations shall cease to have effect—
 (a) regulation 49 (housing allowance),
 (b) regulation 49A (housing allowance: supplementary),
 (c) regulation 49B (transitional rent allowance),
 (d) regulation 49C (application of regulation 49B to other members),
 (e) regulation 49D (application of regulation 52),
 (f) regulation 50 (supplementary housing allowance),
 (g) regulation 51 (application of regulations 49 and 50 to members of regional crime squads and motorway patrol groups),
 (h) regulation 52 (compensatory grant),
 (i) regulation 52B (compensatory allowance),
 (j) regulation 54 (uniform allowance),
 (k) regulation 55 (women's stocking allowance),
 (l) regulation 57(2) and (4) (detective duty allowance),
 (m) regulation 61 (bicycle allowance),
 (n) regulation 62 (typewriter allowance),
 (o) regulation 66 (promotion examination allowance),
 (p) regulation 72 (provision of house or quarters),
 (q) paragraphs 16 to 18, 20 and 22(c) of Schedule 1A,
 (r) paragraph 4(1) and (2) of Schedule 4,
 (s) Schedules 9 and 10, and
 (t) paragraph 4 of Schedule 12.

Savings and transitional provision
    15.    The Schedule to these Regulations (which contains savings and transitional provision) shall have effect.

David Maclean

Minister of State
Home Office

23rd August 1994

[589] 1964 c. 48; section 33 was amended by the Police and Magistrates' Courts Act 1994 (c. 29), section 18, and those amendments (except new section 33) have been brought into force by S.I. 1994/2025. back

[590] 1980 c. 10. back

[591] S.I. 1987/851; relevant amendments were made by S.I. 1987/1753, 1988/727, 1989/895, 1990/401, 1573, 1991/2484, 2650, 1992/1278, 1993/331, 1198, 2047, 2527, 1994/1308. back

Explanatory Note