Statutory Instruments
2002 No. 1758
POLICE, ENGLAND AND WALES
The Police (Amendment) Regulations 2002
Made
9th July 2002
Laid before Parliament
10th July 2002
Coming into force
1st August 2002
The Secretary of State, in exercise of the powers conferred on him by section 50 of the Police Act 1996( 1 ), 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 that Act, and 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 that Act, hereby makes the following Regulations:
Citation and commencement
1. —(1) These Regulations may be cited as the Police (Amendment) Regulations 2002 and shall come into force on 1st August 2002.
(2) In these Regulations “the 1995 Regulations” means the Police Regulations 1995( 2 ).
Amendments to the 1995 Regulations
2. In regulation 4(1) of the 1995 Regulations the following definition is inserted in the appropriate place—
“ “British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c.xxix) ; ” .
3. In regulation 14 of the 1995 Regulations (probationary service) in paragraph (4) sub-paragraph (e)( 3 ) on each occasion where “fourteen” occurs substitute “eighteen”.
4. The following regulation is inserted after regulation 20 of the 1995 Regulations—
“ Samples
20A. —(1) Every member of a police force, except those members appointed following their transfer from another police force, shall on appointment and in accordance with the directions of the chief officer of police have a sample taken.
(2) Samples or the information derived from samples of members of a police force taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with section 63 of the Police and Criminal Evidence Act 1984 ( 4 ) .
(3) The samples or information derived from samples of a member of a police force taken in accordance with this regulation, and all copies and records thereof shall be destroyed on his ceasing to be a member of that force except by reason of a transfer to another force.
(4) In this regulation “sample” means—
(a) a sample of hair, other than pubic hair, complete with roots;
(b) saliva; or
(c) a swab taken from the mouth. ”
5. —(1) Regulation 39 of the 1995 Regulations (rate of pay) is amended as follows.
(2) In paragraph (2) for the words “police force; and service” substitute “police force, and service”.
(3) In paragraph (2A) sub-paragraph (f)( 5 ) on each occasion where “fourteen” occurs substitute “eighteen”.
6. The following regulation is inserted after regulation 42 of the 1995 Regulations—
“ Reckoning of service in the British Transport Police Force
42A. —(1) Where a member of a police force joined or rejoined that force having left the British Transport Police Force, on or after 1st September 1994 then, for the purposes of regulation 39, his service in any rank in the British Transport Police Force shall be treated as if it were service in the corresponding rank in the police force he joined or rejoined as aforesaid:
Provided that in the case of a member of a police force of a rank higher than that of chief inspector this paragraph shall have effect subject to any contrary agreement.
(2) A member of a police force of the rank of constable shall be entitled to reckon, for the purposes of pay for that rank, any period of service in the British Transport Police Force not reckonable under paragraph (1).
(3) In this regulation, any reference to a rank corresponding to a rank in a police force is a reference to a rank in the British Transport Police Force designated by the Secretary of State for the purposes hereof as the rank corresponding to the rank in question. ” .
7. —(1) Schedule 13 to the 1995 Regulations( 6 ) (replacement allowance) is amended as follows.
(2) In paragraph 1, the following sub-paragraph is inserted after sub-paragraph (3)—
“ (3A) 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. ” .
(3) In sub-paragraph (6) of paragraph 1 after “means” there is inserted “a housing allowance paid to members of the British Transport Police Force or”.
John Denham
Minister of State
Home Office
9th July 2002