Surrey Police Authority v Beckett

A senior police officer’s fixed-term appointment ends when the agreed term expires unless it has been extended by agreement. A suspended officer does not need to give further notice of retirement for that contractual expiry to take effect.

Regulation 16 of the Police Regulations 1995 governs premature retirement and does not extend a fixed-term appointment beyond its agreed end date. Regulation 13A(9) preserves regulation 16 but does not keep an officer in office after expiry. Disciplinary proceedings therefore end when the officer ceases to hold office.

The respondent was appointed assistant chief constable under a fixed-term contract expiring on 20 May 2001. While suspended under regulation 23 of the Police (Discipline)(Senior Officers) Regulations 1985, he became subject to disciplinary proceedings concerning sexual-harassment complaints. The proceedings could not be completed before the contractual expiry date.

The police authority sought a declaration in the Queen’s Bench Division that the proceedings could continue after expiry. Mr Justice Blofeld dismissed the application on 22 May 2001. The authority appealed, arguing that regulation 16 of the Police Regulations 1995, preserved by regulation 13A(9), required notice of retirement or otherwise prevented the appointment ending by effluxion of time.

Appeal dismissed with costs. Permission to appeal to the House of Lords was refused.

1. A disciplinary process cannot continue against a person who has ceased to be a police officer. Suspension from that office then ceases automatically. The same principle applies when compulsory retirement takes effect under regulation A18 of the Police Pensions Regulations 1987.
2. Regulation 16(1), as modified by regulation 16(2), requires three months’ written notice for premature retirement and prevents a suspended officer from giving or acting on such notice without the prescribed consent. It does not require notice where a fixed-term appointment expires on the contractual end date.
3. The contractual term requiring notice for termination other than by reason of expiry confirms that no further notice is required when the fixed term ends by effluxion of time. Treating the contract as notice of retirement was unrealistic. Treating the absence of notice as extending the appointment was inconsistent with the contract and the regulatory scheme.
4. Regulation 13A(9), which makes regulation 13A without prejudice to regulation 16, preserves regulation 16 for premature retirement during a fixed term. It does not override the ordinary common-law effect of a fixed-term contract or keep an assistant chief constable in office after expiry without an agreed extension under regulation 13A(7).
5. Regulation 16(3)(d) explains the relationship between contractual expiry and compulsory retirement under the pension regulations. The Police Regulations 1995 needed to address the latter expressly, but did not need to regulate fixed-term contractual expiry.

• Queen’s Bench Division: Mr Justice Blofeld dismissed the police authority’s application for a declaration that disciplinary proceedings could continue after expiry of the respondent’s fixed-term appointment.
• Court of Appeal: the appeal was dismissed with costs. Permission to appeal to the House of Lords was refused: [2001] EWCA Civ 1253.