POLICE PART I General Citation and commencement 1 1 These regulations may be cited as the Police Service of Northern Ireland Regulations 2005. 2 These regulations shall come into operation on 13 January 2006. Revocations 2 The following provisions are hereby revoked— a the Royal Ulster Constabulary Regulations 1996 ; b the Royal Ulster Constabulary (Amendment) Regulations 1997 ; c the Royal Ulster Constabulary (Amendment) Regulations 1999 ; d regulation 23 of the Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000 ; e the Police Service of Northern Ireland Regulations 2002 ; f the Police Service of Northern Ireland (Amendment) Regulations 2003 ; g regulation 3 of the Police (Appointments) Regulations (Northern Ireland) 2003 ; h regulations 2(1) and 3 of the Police (Appointments) Regulations (Northern Ireland) 2004 ; i the Police Service of Northern Ireland (Amendment) Regulations 2004 . Interpretation 3 1 In these regulations, unless the context otherwise requires— “ the Act ” means the Police (Northern Ireland) Act 1998; “ the Board ” means the Northern Ireland Policing Board; “British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 ; “central committee” has the meaning assigned to it in regulation 14 of the Police Association for Northern Ireland Regulations 1991 ; “the Conduct Regulations ” means the regulations relating to conduct and discipline for the time being in force; “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971; “the police service” means the Police Service of Northern Ireland; “member” means a member of the police service and includes a member who is suspended under the Conduct Regulations; “the Pensions Regulations ” means the regulations relating to Police Service of Northern Ireland pensions for the time being in force; “the Police Advisory Board” means the Board established under section 45 of the Police (Northern Ireland) Act 1998; “the Police Association ” means the Police Association for Northern Ireland; “police force in Great Britain” has the meaning assigned to a police force in the Police Act 1996 or a police force in the Police (Scotland) Act 1967 , as the case may be; “police support staff” has the meaning given by section 4(6) of the Police (Northern Ireland) Act 2000 ; “police trainee” has the meaning given by section 36(3) of the Police (Northern Ireland) Act 2000; “police trainee regulations” means the Police Trainee Regulations (Northern Ireland) 2001 ; “the Promotion Regulations ” means the regulations relating to qualifications and selection for promotion for the time being in force; “public holiday” means— New Year’s Day, St. Patrick’s Day, 29th April 2011, first Monday in May Friday 8 th May , second Monday in May and last Monday in May , 2 nd and 3 rd June , 12th July, last Monday in August, 19th September, Christmas Day and 26th December; and (in addition) in any year where New Year’s Day, Christmas Day or 26th December falls on a Saturday or Sunday, any substitute day; “university scholar” means a member on a course of university study nominated by the Secretary of State or by the Board following arrangements approved by the Secretary of State. 2 Nothing in these regulations shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART II Government Ranks 4 The ranks of the police service shall be known by the following designations— Chief Constable Deputy Chief Constable Assistant Chief Constable Chief Superintendent Superintendent Chief Inspector Inspector Sergeant Constable. Part-time appointments 5 1 The Chief Constable may, after consultation with the Police Association, 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 within one month of the date on which the notice is received by the Chief Constable, where there is a suitable vacancy, or b except where sub-paragraph (a) applies, when 3 months have elapsed since the day on which the notice was received, or from an earlier date if reasonably practicable. 5 A person serving as a full-time member 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 regulation 12(1) has effect as if the words “, other than a member who, having completed the required period of probation in a police force in Great Britain, left that force to become a police trainee,” were omitted; and b regulation 24 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. Restrictions on the private life of members 6 1 The restrictions on private life contained in Schedule 1 shall apply to all members. 2 No restrictions, other than those designed to secure the proper exercise of the functions of a constable, shall be imposed by the Chief Constable on the private life of members, except— a such as may temporarily be necessary, or b such as may be approved, by the Secretary of State after consultation with the constituent bodies of the Police Advisory Board. 3 Any restriction temporarily imposed under paragraph (2)(a) shall be reported forthwith to the Secretary of State. Business interests incompatible with membership of the police service 7 1 If a member 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 Constable unless that business interest was disclosed at or before the time of his appointment as a member. 2 If a member is or becomes aware that a relative proposes to have, or has, a business interest within the meaning of this regulation which in the opinion of that member interferes, or could be seen as interfering with, the impartial discharge of his duties, then that member shall forthwith give written notice of that interest to the Chief Constable unless that business interest was disclosed at the time of his appointment as a member. 3 In a case where it appears to the Board that— a the member has adduced substantive reasons why he or a relative should be permitted to have the business interest in question and those reasons have not been considered by the Chief Constable, or b in reaching his determination under paragraph (4) the Chief Constable failed to apply fair procedures, then the Board may refer the matter back to the Chief Constable for redetermination under paragraph (4). 4 On receipt of a notice given under paragraphs (1), (2) or a referral given under paragraph (3) the Chief Constable shall determine whether or not the interest in question is compatible with the member concerned remaining a member and, within 28 days of the receipt of that notice, or, as the case may be, that referral, shall notify the member in writing of his decision. 5 Within 10 days of being notified of the Chief Constable’s decision as aforesaid, or within such longer period as the Board may in all the circumstances allow, the member concerned may appeal to the Board against that decision by sending written notice of his appeal to the Board. 6 Upon receipt of such notice, the Board shall forthwith require the Chief Constable to submit to it, within the next following 10 days, a notice setting out the reasons for his decision and copies of any documents on which he relies in support of that decision; and the Board shall send to the member concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon. 7 Where a member has appealed to the Board under paragraph (5) the Board shall, subject to paragraph (3), within 28 days of receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (6), or of the expiration of the period afforded for making comments if none have by then been received, give him written notice of their determination of the appeal. 8 Where, on an appeal by a member under paragraph (5)— a the Board gives notice to the member of its determination to uphold the decision of the Chief Constable, and b within 10 days of being so notified, or within such longer period as the Board may in all the circumstances allow, the member makes written request to the Board for the reference of the matter to the Secretary of State, the matter shall be so referred and, unless and until the determination of the Board is confirmed by the Secretary of State, it shall be of no effect and in particular, no action in pursuance thereof shall be taken under paragraph (9). 9 Where a member, or a relative, has a business interest within the meaning of this regulation which the Chief Constable has determined, under paragraph (4), to be incompatible with his remaining a member and either the member has not appealed against that decision under paragraph (5) or, subject to paragraph (8), on such appeal, the Board has upheld that decision, then, the Chief Constable may, subject to the approval of the Board dispense with the services of that member; and before giving such approval, the Board shall give the member concerned an opportunity to make representations and shall consider any representations so made. 10 For the purposes of this regulation, regulation 8 and regulation 9 “relative”, in relation to a member means— a the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that member or that member’s spouse or former spouse, or b the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or the half blood or by affinity) of that member or of that member’s spouse or former spouse and includes, in relation to a member who is living or has lived with another person as husband and wife, any person who would fall within paragraph (a) or (b) if the parties were married to each other. Business interests: supplementary 8 1 For the purposes of regulation 7, a member or, as the case may be, a relative, shall have a business interest if— a the member holds any office or employment for hire or gain (otherwise than as a member) or carries on any business; or b the member, or any relative holds, or possesses a pecuniary interest in, any such licence or permit as is mentioned in paragraph (2). 2 The licence or permit referred to in paragraph (1)(b) is a licence or permit granted in pursuance of the law relating to liquor licensing, refreshment houses or betting and gaming or regulating places of entertainment in Northern Ireland. 3 If a member or a relative has a business interest within the meaning of regulation 7 and, on that interest being notified or disclosed as mentioned in regulation 7(1), the Chief Constable has, by written notice, required the member to furnish particulars of such changes in that interest, as respects its nature, extent or otherwise, as may be mentioned in the notice then, in the event of any such change in that interest being proposed or occurring, regulation 7 shall have effect as though the changed interest were a newly proposed, or newly acquired, interest which has not been notified or disclosed as aforesaid. 4 In its application to a senior officer, regulation 7 and this regulation shall have effect as if— a for any reference therein to the Chief Constable there were substituted a reference to the Board; b for any reference in regulation 7(5), (7), (8) or (9) to an appeal there were substituted a reference to a request for reconsideration; and c the references in regulation 7(9) to the approval of the Board were omitted; but the Board shall not dispense with the services of a senior officer under regulation 7 without giving him an opportunity of making representations and shall consider any representations so made. Business interests precluding appointment to the police service 9 1 Save in so far as the Chief Constable may allow at the request of the candidate concerned, a person shall not be eligible for appointment to the police service if he or a relative has a business interest within the meaning of regulation 7, and paragraphs (1) and (2) of regulation 8 shall apply for the purposes of the interpretation of this regulation as they apply for the purposes of regulation 7. 2 In its application to a candidate for appointment as a senior officer, paragraph (1) shall have effect as if for any reference to the Chief Constable there were substituted a reference to the Board. Qualifications for appointment (where no service as police trainee) 10 1 A candidate for appointment to the police service, other than a person who has completed a period of service as a police trainee, shall— a if not a national of the United Kingdom or an EEA State , have leave to enter or remain in the United Kingdom for an indefinite period; b produce satisfactory references as to character and, if he has served in any police force, in the armed forces, in the civil service or as a seaman, produce satisfactory proof of his good conduct while so serving; c have attained the age of 18 years; d be certified by a registered medical practitioner approved by the Chief Constable to be fitted both physically and mentally to perform the duties on which he will be employed after appointment; e satisfy the Chief Constable that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be approved by the Secretary of State; f meet the standard of eyesight determined by the Secretary of State; g if a candidate for appointment to the rank of sergeant or inspector, be qualified for promotion to such rank in accordance with the provisions of the Promotion Regulations; h give such information as may be required as to his previous history or employment or any other matter relating to his appointment to the police service; i be ineligible for appointment if Schedule 2 (criminal convictions etc. ) applies in relation to him. 1A A candidate for appointment to the police service, other than a person who has completed a period of service as a police trainee, shall not be appointed unless he passes a test for evidence of controlled drugs. 1B For the purposes of paragraph (1A), a person passes a test if— a a sample of his saliva, urine, blood or hair (other than pubic hair) is taken and tested for evidence of controlled drugs in accordance with such procedures as may be determined by the Secretary of State, and b he is not found to have taken any controlled drugs. 1C The Chief Constable may specify the circumstances in which a person who provides evidence that he has been subject to drug testing procedures other than those established under paragraph (1B) may be deemed to have passed a test for the purposes of paragraph (1A). 1D In its application to a candidate for appointment as a senior officer, paragraph (1C) shall have effect as if for any reference to the Chief Constable there were substituted a reference to the Board. 2 A candidate for appointment to the police service shall be given a notice in terms approved by the Secretary of State drawing attention to the terms and conditions of service which shall be contained therein. 3 For the purposes of this regulation— a the expression “armed forces” means the naval, military or air forces of the Crown including any women’s service administered by the Defence Council; ... aa “ EEA state ”, in relation to a time, means— i a state which at that time is a member State, or ii any other state which at that time is a party to the EEA agreement; ab “ national of the United Kingdom ” means— i a British citizen, ii a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or iii a person who is a British overseas territories citizen by virtue of a connection with Gibraltar; b the expression “seaman” has the same meaning as in the Merchant Shipping Act 1995 . Appointment of senior officers 11 1 Subject to section 35(1) of the Police (Northern Ireland) Act 2000 and regulations 9 and 10, no person shall be appointed as Chief Constable of the police service unless he holds or has held such rank, in such force and for such period, as the Secretary of State shall determine in respect of such an appointment. 2 An appointment of a person as Chief Constable or deputy Chief Constable of the police service shall be for a fixed term. 3 The Secretary of State shall determine— a the range within which the fixed term of an appointment such as is mentioned in paragraph (2) must fall, and b the circumstances in which such an appointment may be extended. 4 In determining the length of such an appointment, the Secretary of State shall consider the views of the Board. 5 Paragraphs (2) to (4) are without prejudice to any provision whereby a term of appointment comes to an end on promotion, dismissal, the conclusion of disciplinary proceedings or transfer to another police force and regulation 14 (retirement). 6 The Secretary of State shall determine the circumstances in which a vacancy for a senior officer shall be advertised. 7 Where a vacancy for a senior officer is to be advertised— a the advertisement shall contain such detail and be published in such manner as the Secretary of State may determine, and b the Secretary of State may determine that no appointment shall be made until after a date to be specified in the advertisement. Probationary service in the rank of constable 12 1 Subject to paragraphs (2) and (3), a member appointed in the rank of constable, other than a member who, having completed the required period of probation in a police force in Great Britain, left that force to become a police trainee, shall be on probation for such period as the Secretary of State shall determine in respect of such appointments. 2 In making a determination under paragraph (1), the Secretary of State may, subject to paragraph (3), confer on the Chief Constable discretion to determine the required period of probation in a particular case. 3 For the purposes of a determination under paragraph (1), the periods to be counted or disregarded in reckoning service shall be such as may be determined by the Secretary of State. Discharge of probationer 13 1 Subject to the provisions of this regulation, during his period of probation in the police service the services of a constable may be dispensed with at any time if the Chief Constable considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to become an efficient or well conducted constable. 2 A constable whose services are dispensed with under this regulation shall be entitled to receive a month’s notice or a month’s pay in lieu thereof. 3 A constable’s services shall not be dispensed with in accordance with this regulation and any notice given for the purposes of this regulation shall cease to have effect if he gives written notice to the Chief Constable of his intention to retire and retires in pursuance of that notice on or before the date on which his services would otherwise be dispensed with; and such a notice taking effect on that date shall be accepted by the Chief Constable notwithstanding that less than a month’s notice is given. 4 Where a constable has received a notice under this regulation that his services are to be dispensed with and he gives written notice of his intention to retire and retires under paragraph (3)— a he shall nevertheless be entitled to receive pay up to and until the date on which the month’s notice he has received would have expired, or b where he has received or is due to receive a month’s pay in lieu of notice he shall remain entitled to that pay notwithstanding the notice he has given under paragraph (3). Retirement 14 Members may retire in such circumstances as shall be determined by the Secretary of State, and in making such a determination the Secretary of State may— a require such notice of intention to retire as may be specified in the determination, or such shorter notice as may have been accepted by the Chief Constable, to be given to the Chief Constable, and b require the consent of the Chief Constable to be obtained before giving such notice. Contents of personal records 15 1 The Chief Constable shall cause personal records of each member to be kept. 2 The personal records shall contain— a a personal description of the member; b particulars of the member’s place and date of birth; c particulars of the member’s marriage (if any) and of his children (if any); d a record of the member’s service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service; e a record of the member’s service (if any) in any other police force (including service in the Police Service of Northern Ireland Reserve) and of his transfers (if any) from one police force to another; f a record of the member’s service (if any) as a police trainee; g a record of whether the member passed or failed to pass any qualifying examination at which he was a candidate; h a record of the member’s service in the police service and the date of his ceasing to be a member with the reason, cause or manner thereof. 3 The record of service kept in accordance with paragraph (2)(h) shall include particulars of all promotions, postings, removals, injuries received, periods of illness, commendations, rewards and sanctions (other than cautions) imposed under the regulations specified in paragraph (4). 4 The regulations referred to in paragraph (3) are— a regulation 31 of the Royal Ulster Constabulary (Conduct) Regulations 2000 ; b the RUC (Discipline and Disciplinary Appeals) Regulations 1988 ; c regulation 17 of the Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000 ; and d the Royal Ulster Constabulary (Appeals) Regulations 2000 . 5 Subject to paragraph (6), a sanction shall be expunged from a member’s personal record— a in the case of a sanction imposed under regulation 31 of the Royal Ulster Constabulary (Conduct) Regulations 2000, after 3 years free from a sanction other than a caution; b in the case of a disposal made under regulation 17 of the Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000, after 2 years free from a sanction other than a caution; c in the case of a sanction imposed under the RUC (Discipline and Disciplinary Appeals) Regulations 1988— i in the case of a fine or reprimand, after 3 years free from a sanction other than a caution; ii in the case of any other sanction, after 5 years free from a sanction other than a caution. 6 In the case of a period free from sanction other than a caution which expired before 1st January 1989, a sanction shall be expunged under paragraph (5) only if the member so requests. 7 Where following a review of a sanction imposed under regulation 31 of the Royal Ulster Constabulary (Conduct) Regulations 2000 or regulation 17 of the Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000, the reviewing officer substitutes for the decision of the conduct hearing or, as the case may be, unsatisfactory performance hearing a decision that the member concerned had not failed to meet the appropriate standard or, as the case may be, that the performance or attendance of the member concerned was not unsatisfactory, the sanction imposed by that hearing shall be expunged forthwith. 8 A member shall, if he so requests, be entitled to inspect his personal records. Transfer of personal records 16 Where a member transfers to another police force, his personal records shall be transferred to the chief officer of police of that other police force. Personal records of member leaving the police service 17 1 Where a member ceases to be a member he shall, unless he transfers to another police force, be given a certificate showing his rank and setting out the period of his service in the police service, any period which he served as a police trainee and any period of service in any other police force. 2 The Chief Constable may append to the certificate any recommendation which he feels justified in giving, such as that— his conduct was exemplary; his conduct was very good; his conduct was good. 3 Where a member ceases to be a member otherwise than by transferring to another police force, his personal records shall be kept for such time as the Chief Constable may think fit and shall then be destroyed. Fingerprints 18 1 Every member shall, in accordance with the directions of the Chief Constable, have his fingerprints taken. 2 Fingerprints of members taken in accordance with paragraph (1) shall be kept separate from the fingerprints of persons whose fingerprints have been taken otherwise than in accordance with that paragraph. 3 The fingerprints of a member taken in accordance with paragraph (1), and all copies and records of his fingerprints shall, subject to paragraph (4), be destroyed on his ceasing to be a member. 4 Where by reason of a transfer a member becomes a member of another police force, his fingerprints, and all copies and records of his fingerprints, shall be transferred to the chief officer of police of that other police force. Samples 19 1 Every member, except those members appointed following their transfer from a police force in Great Britain, shall on appointment and in accordance with the directions of the Chief Constable have a sample taken. 2 Samples or the information derived from samples of members taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with Article 63 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ). 3 The samples or information derived from samples of a member taken in accordance with this regulation, and all copies and records thereof shall be destroyed on his ceasing to be a member except by reason of a transfer to a police force in Great Britain. 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. Testing for evidence of drugs and alcohol 19A 1 The Chief Constable may require any member to give a sample of saliva, urine, blood, or hair (other than pubic hair) to be tested for evidence of controlled drugs in accordance with procedures determined by the Secretary of State. 2 The Chief Constable may require any member to give a sample of breath to be tested for evidence of alcohol in accordance with procedures determined by the Secretary of State. 3 A member who— a fails to give a sample under paragraph (1) or (2), or b on giving a sample under paragraph (1) is found to have taken a controlled drug, or c on giving a sample under paragraph (2), is found to have more than 13 microgrammes of alcohol in 100 millilitres of breath, shall face such consequences as are specified in a determination of the Secretary of State. PART III Duty Duty to carry out lawful orders 20 Every member shall carry out all lawful orders and shall at all times, punctually and promptly, perform all appointed duties and attend to all matters within the scope of his office as a constable. Duty 21 1 The Secretary of State shall determine— a the normal periods of duty of a member; b the periods allowed for refreshment; c the variable shift arrangements which may be brought into operation by the Chief Constable; d the manner and timing of the publication of duty rosters and the matters to be contained therein; e the circumstances in which travelling time may be treated as duty; and f the circumstances in which a member is to be treated as if he were a night worker for the purposes of regulation 2(2) of the Working Time Regulations (Northern Ireland) 2016 . 2 In making a determination under paragraph (1)(a) the Secretary of State may confer on the Chief Constable discretion to fix the time at which a period commences for the purposes of the determination and may determine the conditions subject to which that discretion is to be exercised. 3 In making a determination under paragraph (1)(e) the Secretary of State may confer on the Chief Constable discretion to fix— a a limit on the travelling time which is to be treated as duty; b a limit on the amount of the expenses which may be reimbursed in respect of such travelling time. 4 In this regulation “travelling time” means time spent by a member in travelling to and from his home— a where he is required to perform his normal daily period of duty in more than one tour of duty, between two tours; or b where he is recalled to duty between two tours of duty, in consequence of his recall. Meetings of Police Association treated as police duty 22 1 The attendance of a member at one of the following meetings of the Police Association shall be treated as an occasion of police duty— a in the case of the Police Federation for Northern Ireland— i meetings of a regional board or the annual conference of members of the regional boards; ii an ordinary or annual meeting of the central committee or a sub committee meeting of the central committee; iii subject to the approval of the Chief Constable, an ad hoc meeting or committee or sub committee meeting of a regional board or the central committee; b in the case of the Superintendents' Association— i six one-day meetings annually of the executive committee; ii any such additional meetings of the executive committee as may be held with the permission of the Chief Constable where he is satisfied that such meetings are necessary in the public interest and that the business for which they are called cannot reasonably be deferred until the next ordinary meeting of the committee; and c in the case of the Chief Police Officers' Staff Association— i six one-day meetings annually of the executive committee; ii the annual meeting of the annual general meeting. 2 The attendance of a member at the annual meeting of the Joint Central Committee with the Joint Central Committee of the Scottish Police Federation and Joint Central Committee of the Police Federation of England and Wales, shall be treated as an occasion of police duty. 3 Subject to the approval of the Secretary of State, after consultation with the Chief Constable, the attendance of a member at a meeting of the Police Association, other than such a meeting as is mentioned in paragraphs (1 or 2), shall be treated as an occasion of police duty. PART IV Pay Pay 23 1 Subject to the following provisions of this Part, the pay of members shall be determined by the Secretary of State, and in making such a determination the Secretary of State may— a confer such functions in relation to the pay of members above the rank of chief superintendent on the Board; b where the pay of a member of the rank of chief inspector or below is payable subject to such conditions as may be specified in the determination, confer on a member senior in rank to that member, or on a member of the police support staff, such functions in relation to those conditions, as he thinks fit. 2 Subject to regulations 39 to 44 and section 27(3) of the Act, in reckoning the service of a member in any rank for the purposes of pay, account shall be taken of all his service in that rank; and service in a higher rank, on temporary promotion thereto or otherwise, shall be treated as if it had been service in that rank. 3 For the purposes of this regulation in reckoning a member’s service in any rank— a that service shall be treated as unbroken by, and including, any period of service in Her Majesty’s forces which he is entitled to reckon as pensionable service; b except where the Chief Constable in the circumstances of a particular case otherwise determines with the approval of the Secretary of State, no account shall be taken of any previous service in that rank which terminated in his reduction in rank as a punishment but any previous service in a higher rank which so terminated shall be treated as if it had been service in the rank to which the member was reduced; c no account shall be taken of any performance of the duties of that rank in respect of which a temporary salary is payable under regulation 26; d any period of unpaid leave shall be disregarded; e any part-time service shall be taken into account as though it were full-time service; f in the case of a female member who has taken one or more periods of maternity leave, in respect of each maternity period— i where that leave has been for 52 weeks or more, account shall be taken of the first 52 weeks whilst on maternity leave; ii where that leave has been for less than 52 weeks, account shall be taken of any period spent on maternity leave; g in the case of a member who has taken one or more periods of maternity support leave, adoption support leave or parental leave, account shall be taken of any period of such leave taken in accordance with a determination under regulation 32(8)(a) , (b) and (d); h in the case of a member who has taken one or more periods of adoption leave, account shall be taken of any period of such leave taken in accordance with a determination under regulation 32(8)(c). and, in the case of a member of a rank higher than that of chief inspector, paragraph (2) shall have effect subject to any contrary agreement so far as it relates to the reckoning of previous service in the police service. 4 Nothing in this regulation shall affect the operation of any provisions of the Conduct Regulations and, in relation to a member suspended or fined thereunder the provisions of paragraphs 1 and 3 of Schedule 3 or of paragraph 4 thereof shall have effect. 5 A determination under paragraph (1) shall have effect in relation to a university scholar subject to the provisions of any determination for the time being in force under regulation 31. Overtime 24 1 Subject to the provisions of this regulation, the Secretary of State shall determine the circumstances and manner in which a member shall be compensated in respect of time— a for which he remains on duty after his tour of duty ends, or b for which he is recalled between two tours of duty, or c which forms part of a tour of duty which he is required to begin earlier than the rostered time without due notice and on a day when he has already completed his normal daily period of duty; and such time is referred to in these regulations as “overtime”. 2 For the purposes of this regulation— “due notice” means notice given at least 8 hours before the revised starting time of the rostered tour of duty in question; “normal daily period of duty” shall be construed in accordance with regulation 21; “recall” does not include a warning to be in readiness for duty if required; and “tour of duty”, in relation to a member for whom variable shift arrangements are in operation under regulation 21(1)(c), means rostered shift. 3 In making a determination under paragraph (1), the Secretary of State may confer on the Chief Constable discretion— a to fix the day on which a period commences for the purposes of the determination; b to fix the period within which time off in compensation for overtime is to be granted; c to allow time in addition to that specified in the determination to be taken into account in computing any period of overtime. Public holidays and rest days 25 1 The Secretary of State shall determine the circumstances and manner in which a member shall be granted leave or otherwise compensated in respect of time spent on duty on— a public holidays, or b rostered rest days; and in this regulation “rostered rest day”, in relation to a member who is required to do duty on that day, means a day which according to the duty roster was, immediately before he was so required to do duty, to have been a rest day for the member. 2 In making a determination under paragraph (1) the Secretary of State may confer on the Chief Constable discretion— a to fix the time at which, or the day on which, a period commences for the purposes of the determination; b to fix the period within which time off in compensation for time spent on duty as mentioned in that paragraph is to be granted; c to fix a limit on the time occupied by a member in travelling to and from his place of duty which is to be included in a period of duty for the purposes of the determination. Temporary salary and temporary promotion 26 The Secretary of State shall determine— a the circumstances in which a member is entitled to receive a temporary salary and the rate of that salary; and b the circumstances in which a member is entitled to be temporarily promoted and the rate of his salary while so promoted. Sick pay 27 The Secretary of State shall determine the entitlement of members to pay during periods of sick leave taken in accordance with a determination under regulation 32(5), and in making such a determination the Secretary of State may confer on the Chief Constable discretion to allow a member to receive more pay than that specified in the determination. Pay during periods of maternity leave, adoption leave etc. 28 1 The Secretary of State shall determine the entitlement of female members to pay during periods of maternity leave. 2 The Secretary of State shall determine the entitlement of members to pay during periods of— a maternity support leave; b adoption support leave; and c adoption leave, taken in accordance with a determination under regulation 32(8). Fixing of pay day and calculation of monthly, weekly and daily pay 29 1 The intervals at which members are to be paid shall be fixed by the Chief Constable in accordance with such rules as the Secretary of State may determine. 2 The Secretary of State shall determine the manner of calculating monthly, weekly and daily pay. Deductions from pay of social security benefits and statutory sick pay 30 1 There shall be deducted from the pay of a member who is in receipt of full pay— a the amount of any short-term or long-term incapacity benefit to which he is entitled under the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 ; b any statutory sick pay to which he is entitled under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , and for the purposes of sub-paragraph (a) any increase for adult and child dependants shall be treated as forming part of the benefit to which it relates. 2 For the purposes of this regulation, a female member who as a married woman or widow has elected to pay contributions under section 19 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 at the reduced rate, shall be deemed to be entitled to any social security benefits mentioned in paragraph (1) to which she would have been entitled had she not elected to contribute at the reduced rate. 3 In this regulation, “full pay” means pay at the rate ascertained from regulation 23 and the determination made thereunder. University scholars 31 The Secretary of State shall determine how Part III and this Part and any determination made thereunder shall have effect in relation to a university scholar, and in making such a determination the Secretary of State may confer on the Board discretion to determine whether or not the conditions subject to which a university scholar is entitled to any payment under this Part are met. PART V Leave Leave 32 1 Every member shall, so far as the exigencies of duty permit, be granted in each leave year such annual leave as may be determined by the Secretary of State; and in this regulation “leave year” means that period of 12 months beginning on such date as may from time to time be determined by the Chief Constable. 2 In making a determination under paragraph (1) the Secretary of State may confer on the Chief Constable discretion— a to grant such additional days of annual leave in any leave year in such circumstances and subject to such conditions as the Secretary of State may determine, and b subject to such conditions as the Secretary of State may determine, to allow days of annual leave granted under this regulation to be taken as a single period, or as single days, or in periods of more than one day or as half days. 3 In a determination under paragraph (1) the Secretary of State shall make provision for the compensation of a member for being recalled to duty during a period of annual leave granted under this regulation. 4 Annual leave granted under this regulation shall be additional to the days on which the member is not required to perform police duties in accordance with a determination under regulation 25. 5 A member shall not be entitled to be absent from duty on account of injury or illness otherwise than in such circumstances as shall be determined by the Secretary of State, and in making such a determination the Secretary of State may confer on the Chief Constable power to appoint, or approve the appointment of, a medical practitioner for the purposes of any function to be carried out under the determination. 6 A female member who is pregnant shall, in such circumstances as shall be determined by the Secretary of State, have the right not to be unreasonably refused special leave from duty to enable her to keep an appointment for the purpose of receiving antenatal care. 7 A female member qualifies for maternity leave in such circumstances as shall be determined by the Secretary of State. 8 A member shall, so far as the exigencies of duty permit, be granted such— a maternity support leave; b adoption support leave; c adoption leave; and d parental leave, in such circumstances, as the Secretary of State shall determine. 9 In paragraph (8)— “maternity support leave” means leave to enable support to be given to an expectant mother at or around the time of birth, and “adoption support leave” means leave to enable support to be given to an adoptive parent at or around the time of adoption. 10 A member shall, so far as the exigencies of duty permit, be entitled to be permitted to take a reasonable amount of time off during periods of duty in order to take such action, and for such purposes, in respect of a dependant of that member, and subject to such conditions, as shall be determined by the Secretary of State; and for this purpose the Secretary of State may determine the meaning of “dependant” in relation to members. 11 The Secretary of State may determine that any period of leave or time off taken in accordance with a determination under paragraph (1), (6), (8) or (10) shall be treated as a period of duty. 12 Paragraph (5) and any determination thereunder shall apply to a member who is in quarantine as it applies to a member who is ill subject, in the case of such a determination, to such modifications as may be determined by the Secretary of State. 13 The Secretary of State shall determine the circumstances in which a member shall be entitled to take a career break. 14 The Secretary of State shall determine the circumstances in which a member shall be compensated for untaken annual leave or the Chief Constable shall be compensated for overtaken annual leave when the member ceases to be a member other than on immediate transfer to another police force. PART VI Allowances and Expenses Allowances 33 1 Subject to regulation 37, the Secretary of State shall determine the entitlement of members to any allowance, and in making such a determination the Secretary of State may confer on— a the Board; b the Chief Constable, such functions— i in relation to the calculation of an allowance, ii where the payment of an allowance is subject to such conditions as may be specified in the determination, in relation to those conditions, as he thinks fit. 2 No allowances shall be paid to a member except as provided by or under these regulations or approved by the Secretary of State, and the amounts and conditions of payment of such allowances shall be as so provided or approved. 3 Nothing in this regulation shall apply to the reimbursement of expenses incurred by a member in the execution of his duty, being expenses authorised either generally or specifically by the Chief Constable in respect of which no allowance is payable under these regulations and no determination has been made under regulation 34. Expenses 34 1 The Secretary of State shall determine the entitlement of members to reimbursement of any expenses incurred by such a member in or in connection with the execution of his duty. 2 Where, in making a determination under paragraph (1), the Secretary of State specifies conditions subject to which expenses are to be reimbursed, he may in that determination confer on— a the Board; b the Chief Constable, such functions in relation to those conditions as he thinks fit. Continuance of allowances when member ill 35 If a member who is regularly in receipt of an allowance to meet an expense which ceases during his or her absence from duty is on sick leave or maternity leave, the allowance shall be payable during his or her absence from duty up to a period of a month, but thereafter, during the remainder of his or her absence from duty, payment may be suspended at the discretion of the Chief Constable. Allowances in respect of periods of suspension 36 This Part shall have effect in relation to a member suspended under the Conduct Regulations, subject to the provisions of paragraphs 2 and 3 of Schedule 3. Replacement allowance 37 Schedule 4 shall have effect. Restriction on payments for private employment of police 38 Without prejudice to the generality of regulation 33(2), a member who is engaged on duty at the request of any person who has agreed to pay the Chief Constable for the member’s services shall not be entitled to any payment for those services except as provided by or under these regulations; and any payments made in pursuance of that agreement shall be made by that person to the Chief Constable. PART VII Reckoning of Service Reckoning of service of constables who have served as police trainees 39 1 For the purposes of regulations 23, in reckoning a member’s service in the rank of constable, that service shall include— a any period of service as a police trainee, and b subject to paragraph (2), any period treated as service as a police trainee under regulation 17 of the police trainee regulations. 2 Where a member is appointed to the rank of constable, and on the date of his appointment his period of service in that rank is deemed under paragraph (1) to consist of — a a period equal to or greater than one year calculated in accordance with Part II or III of Schedule 1 to the police trainee regulations, and b the period of service actually completed by him as a police trainee, then for the purposes of regulation 23, his period of service as a member of the rank of constable shall be calculated in accordance with paragraph (3) or (4). 3 So long as the total of— a the period of service which he has actually completed as a member of the rank of constable, and b the period of service which he has actually completed as a police trainee, is less than the period mentioned in paragraph (2)(a), his period of service in the rank of constable shall be deemed to be equal to the period mentioned in paragraph (2)(a). 4 Beginning with the date on which the total of the periods mentioned in sub-paragraphs (a) and (b) of paragraph (3) equals the period mentioned in paragraph (2)(a), his period of service as a member in the rank of constable shall be deemed to be equal to the total of the periods mentioned in sub-paragraphs (a) and (b) of paragraph (3). Reckoning of service in police force in Great Britain 40 1 Where a member joined or rejoined the police service having left a police force in Great Britain, on or after 29th June 1970, for that purpose or on exercising the right of reversion conferred by section 27(3) of the Act then, for the purposes of regulation 23, his service in any rank in the police force in Great Britain shall be treated as if it were service in the corresponding rank in the police service: Provided that in the case of a member of a rank higher than that of chief inspector this paragraph shall have effect subject to any contrary agreement. 2 A member of the rank of constable shall be entitled to reckon, for the purposes of pay for that rank, any period of service in a police force in Great Britain not reckonable under paragraph (1). 3 In this regulation any reference to a rank corresponding to a rank in the police service is a reference to a rank in a police force in Great Britain, designated by the Secretary of State for the purposes hereof, as the rank corresponding to the rank in question. Reckoning of service in the British Transport Police Force 41 1 Where a member joined or rejoined the police service having left the British Transport Police Force on or after 1st September 1994, then, for the purposes of regulation 23, 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 service: Provided that in the case of a member of a rank higher than that of chief inspector this paragraph shall have effect subject to any contrary agreement. 2 A member 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 the police service 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. Reckoning by constables of service in certain constabularies 42 1 A member of the rank of constable shall be entitled to reckon for the purposes of pay for that rank any period of service in a constabulary mentioned in paragraph (2). 2 The constabularies referred to in paragraph (1) are— a the Ministry of Defence Police, that is to say the force established by section 1 of the Ministry of Defence Police Act 1987 or, before the coming into force of that Act, comprising constables appointed under section 3 of the Special Constables Act 1923 on the nomination of the Defence Council or, before 1st April 1964, of the Admiralty, Army Council or Air Council; b the Port of Tilbury Constabulary or, before the coming into force of the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 , the Port of London Authority’s police force, that is to say the force of constables appointed under section 154 of the Port of London Act 1968 ; c the persons appointed to execute the office of constable within the ports of Larne and Belfast under section 79 of the Harbour, Docks and Piers Clauses Act 1847 . Reckoning of service in an airport constabulary 43 Where a member of an aerodrome constabulary has been transferred to the police service by an order under section 30 of the Aviation Security Act 1982 then, for the purposes of regulation 23, his service in any rank in that constabulary shall be treated as if it were service in the corresponding rank in the police service. Reckoning by constables of overseas police service 44 1 A member of the rank of constable shall be entitled to reckon for the purposes of pay for that rank the following periods of service, that is to say, any period of— a certified overseas police service such as is mentioned in paragraph (2); b certified service in the British South Africa Police such as is mentioned in paragraph (3); c such service in a police force in the Channel Islands or the Isle of Man as is mentioned in paragraph (4), notwithstanding that such service is not service in the rank of constable in the police service. 2 The reference in paragraph (1) to certified overseas police service is a reference to— a continuous service as a member of a police force in any territory or country outside the United Kingdom, being a colony, protectorate or protected state within the meaning of the British Nationality Act 1948 , a dependent territory within the meaning of the British Nationality Act 1981 or, where appropriate, the territory or country wherein the colony, protectorate or protected state or dependent territory was incorporated after the inception of the service, subject to it having been certified by or on behalf of the Secretary of State that— i the service was, at its inception, pensionable, and ii in his opinion the person concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question, or b continuous service for 6 years or more as a member of a police force outside the United Kingdom, subject to it having been certified by or on behalf of the Secretary of State that— i the person concerned so served under a contract of service, ii immediately before he ceased so to serve, the person concerned was, for the purposes of section 12 of the Overseas Development and Co-operation Act 1980 , a person designated in accordance with such an agreement as is therein mentioned, and iii in his opinion the person concerned ceased so to serve for reasons connected with constitutional developments in the territory or country in question, except that the said reference in paragraph (1) does not include a reference to service as a reversionary member of a home police force as defined in the Police Pensions Regulations 1987 . 3 The reference in paragraph (1) to certified service in the British South Africa Police is a reference to continuous service as a member thereof, for a period which included 11th November 1965, up to such time, on or after that date, as the person concerned ceased to perform duties therein, subject to his having ceased to perform those duties before 2nd March 1970 and subject to it having been certified by or on behalf of the Secretary of State that he approves the application of this regulation in the case of the person concerned. 4 The reference in paragraph (1) to service in a police force in the Channel Islands or the Isle of Man is a reference to service in— a the Island police force maintained under the Police Force (Guernsey) Law 1986; b the States of Jersey police force maintained under the Jersey Laws entitled the Police Force (Jersey) Law 1974, or c the Isle of Man Constabulary maintained under the Police Act 1993 (an Act of Tynwald). 5 A certificate given by or on behalf of the Minister of Overseas Development before 12th November 1970, shall be treated for the purposes of paragraph (2) as if it had been given by or on behalf of the Secretary of State. PART VIII Uniform and Equipment Issue of uniform and equipment 45 The Secretary of State shall determine the circumstances in which and the conditions subject to which uniform and equipment is to be issued to members by the Chief Constable, and in making such a determination the Secretary of State may— a confer discretion on the Board to specify the type of uniform to be issued; b confer discretion on the Board to specify the type of equipment to be issued. PART IX Determinations Determinations 46 1 Before making a determination under any provision of these regulations relating to the matters mentioned in section 61(1) of the Police Act 1996, the Secretary of State shall take into consideration any recommendation made by the Police Negotiating Board and shall supply that Board with a draft of the determination; and subsection (2) of section 62 of that Act shall apply in relation to a recommendation to be made for the purposes of this paragraph as it applies in relation to a recommendation to be made for the purposes of subsection (1) of that section. 2 Before making a determination under any provision of these regulations relating to any other matter, the Secretary of State shall supply the constituent bodies of the Police Advisory Board with a draft of the determination, and take into consideration any representations made. 3 A determination under any provision of these regulations for regulating pay and allowances may be made with retrospective effect to any date specified in the determination, but nothing in this paragraph shall be construed as authorising the pay or allowances payable to any person to be reduced retrospectively. 4 A determination under any provision of these regulations may make different provision for different cases and circumstances. Peter Hain One of Her Majesty’s Principal Secretaries of State Northern Ireland Office 1 December 2005