Statutory Instruments
2012 No. 2712
Police, England And Wales
The Police (Amendment No. 4) Regulations 2012
Made
29th October 2012
Laid before Parliament
31st October 2012
Coming into force
22nd November 2012
The Secretary of State, in exercise of the powers conferred by section 50 of the Police Act 1996( 1 ), makes the following Regulations.
In accordance with section 62(1)( 2 ) of that Act, the Secretary of State has taken into consideration the recommendation made by the Police Negotiating Board for the United Kingdom and supplied the Board with a draft of regulations 5 and 6.
In accordance with section 63(3)( 3 ) of that Act, the Secretary of State has supplied a draft of regulations 3 and 4 to the Police Advisory Board for England and Wales and taken into consideration their representations.
Citation and commencement
1. These Regulations may be cited as the Police (Amendment No. 4) Regulations 2012 and come into force on 22nd November 2012.
Interpretation
2. In these Regulations, “the 2003 Regulations” means the Police Regulations 2003( 4 ).
Part-time appointments: re-appointment as full-time member
3. —(1) Regulation 5 of the 2003 Regulations (part-time appointments) is amended as follows.
(2) In paragraph (4)—
(a) in sub-paragraph (a), for “one month” substitute “2 months”;
(b) in sub-paragraph (b), for “3 months” substitute “4 months”.
Fixed term appointments of senior officers
4. —(1) Regulation 11 of the 2003 Regulations (appointment of senior officers) is amended as follows.
(2) In paragraph (2A), for “(2B)” substitute “(2B) to (2D)”.
(3) In paragraph (2B), omit all of the words after “each of a maximum of one year”.
(4) After paragraph (2B) insert—
“ (2C) The reference in paragraph (2B) to the person who made the appointment shall have effect—
(a) in the case of an appointment of a deputy chief constable under section 11A of the Act ( 5 ) , as a reference to the chief constable; and
(b) in the case of an appointment of an Assistant Commissioner under section 9F of the Act or a Deputy Assistant Commissioner under section 9FA of the Act ( 6 ) , as a reference to the Commissioner of Police of the Metropolis.
(2D) Where an appointment for a fixed term is due to expire at a time when the person appointed is acting as chief officer, the appointment shall not expire until—
(a) the date when the person ceases to act as chief officer, if the reason for the cessation is that the person is appointed as chief officer; or
(b) six months after the date when the person ceases to act as chief officer, if the reason for the cessation is that another person is appointed as chief officer.
(2E) Where sub-paragraph (b) of paragraph (2D) applies, the chief officer shall notify the person appointed, not less than three months before the end of the six month period mentioned in that sub-paragraph, as to whether or not the appointment is to be extended in accordance with paragraph (2B) (and, if it applies, paragraph (2C)).
(2F) For the purposes of paragraph (2D) a person is acting as chief officer when the person is—
(a) exercising or performing functions of a chief constable in accordance with section 41(1)(a) of the Police Reform and Social Responsibility Act 2011;
(b) exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44(1)(a) or (b) of that Act; or
(c) exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839 ( 7 ) . ” .
(5) In paragraph (3), for “Paragraph (2) is” substitute “Paragraphs (2) and (2D) are”.
Days treated as public holidays
5. —(1) Regulation 26 of the 2003 Regulations (public holidays and rest days) is amended as follows.
(2) In paragraph (1), for sub-paragraphs (a) and (b) substitute—
“ (a) public holidays;
(b) days which a member of a police force has elected to treat as public holidays; or
(c) rostered rest days, ” .
Replacement allowance: increases
6. —(1) Paragraph 7 of Schedule 3 to the 2003 Regulations (variation and termination of replacement allowance) is amended as follows.
(2) In sub-paragraph (3), after “the replacement allowance in question is” insert “not”.
Damian Green
Minister of State
Home Office
29th October 2012
1996 c.16 . Section 50 is amended by paragraph 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) , section 3 of the Policing and Crime Act 2009 (c. 26) and section 82(12) of, and paragraph 32 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13) .
Section 62(1) was amended by Schedule 10 to the Police Act 1997 (c. 50) , S.I. 1999/1820 , sections 90(3) and 91(3) of the Police Reform Act 2002 (c. 30) , paragraphs 68 and 77 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) , paragraphs 61 and 67 of Schedule 1 to the Police and Justice Act 2006 (c. 48) , S.I. 1999/1820 and S.I. 2010/976 .
Section 63(3) was amended by paragraph 78 of Schedule 4 to the Serious Organised Crime and Police Act 2005, paragraph 6 of Schedule 22 to the Criminal Justice and Immigration Act 2008 and section 10 of the Policing and Crime Act 2009.
S.I. 2003/527 , as amended by S.I. 2006/1467 and S.I. 2011/3026 ; there are other amendments but none is relevant.
Section 11A was inserted by section 123(1) of the Criminal Justice and Police Act 2001 (c. 16) and is repealed by paragraph 15 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.
Sections 9F and 9FA were inserted by section 319 of the Greater London Authority Act 1999 (c. 29) and section 122(1) of the Criminal Justice and Police Act 2001 respectively, and are repealed by paragraph 13 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.
2 & 3 Vict. x xciv.