Fifth Edition (May 2002)

Police Negotiating Board

When reading this guide you should bear in mind that it refers in the main to 'old' police regulations and NOT the current Police Regulations 2003

 

1. This Guide brings together all provisions of Police Regulations relating to the negotiable conditions of service of police officers in England and Wales and all the advice on those provisions which is contained in Home Office, Police Negotiating Board (PNB) and Police Council circulars.

2. The Guide does not deal with pensions matters. Otherwise, it deals with all matters (i.e. hours of duty, leave, pay, allowances and the issue, use and return of police clothing and personal equipment) which are covered by section 61(1) of the Police Act 1996 and so are a matter for negotiation in the PNB.

3. The constitution of the PNB was recently revised and issued under cover of PNB Circular 01/19. It should be noted that most of the business is conducted in three standing Committees of the Board: Chief Officers Committee; Superintendents Committee; Federated ranks Committee covers all ranks below superintendent. The full PNB meets on an ad hoc basis and with three months' notice on constitutional matters, Federated ranks Committee normally meets three or four times a year and Chief Officers and Superintendents Committees usually less frequently. The PNB does not operate a voting system in joint committee and there is either agreement or further discussions are arranged. In the last resort there is conciliation and failing that, arbitration.

4. All references in the Guide to 'Police Regulations' are references to the Police Regulations 1995 SI no. 215 and its amendments, unless otherwise stated. Home Office, PNB and Police Council circulars have been included in the Guide only if they clarify or expand upon the provisions of the Police Regulations. Where the provisions of a PNB or Police Council circular have subsequently been incorporated in a Home Office circular, only the Home Office circular has been included in the Guide.

5. This guide relates to England and Wales only.

INTRODUCTION

 

SECTION A: DUTY, OVERTIME AND LEAVE

  1. Normal Daily Period of Duty
  2. The Force Day
  3. Variable Shift Arrangements
  4. Rostering of Duties
  5. Overtime
  6. Officers Held in Reserve Away From Their Normal Place of Duty
  7. Officers Detained on Duty Overnight Away From Home
  8. Public Holidays and Rest Days for Ranks Below Inspector
  9. Public Holidays and Rest Days for Inspectors and Chief Inspectors
  10. Public Holidays and Monthly Leave Days for Ranks Above Chief Inspector
  11. Travelling Time Treated as Duty
  12. Meetings of Police Federation Treated as Duty
  13. Annual Leave
  14. Transfer Leave
  15. Volunteer Reserve Forces: Leave Arrangements
  16. Working time regulations
  17. Sick Leave
  18. Antenatal Care and Maternity Leave including Maternity, Maternity Support, Parental and Adoption Leave and Time Off for Dependants
  19. University Scholars
  20. Transfer From BTP to Home Office Forces
  21. Career Break Scheme

 

 

SECTION B: PAY

  1. Rates of Pay
  2. Temporary Salary (Payable to Officers "Acting Up")
  3. London Weighting
  4. Deductions From Pay
  5. Calculation of Monthly, Weekly and Daily Pay
  6. Intervals of Pay
  7. University Scholars

 

 

SECTION C: HOUSING PAYMENTS

  1. Housing Payments for Officers in Service at 31 August 1994
  2. Transitional Rent Allowance for Officers in Service at 31 August 1994
  3. Supplementary Housing Allowance for Officers in Service at 31 August 1994
  4. Transitional Supplementary Rent Allowance for Officers in Service on 31 August 1994
  5. Provided Accommodation Housing Allowance and Transitional Rent Allowance for Part-time and Job-share Officers in Service at 31 August 1994
  6. Housing Allowance, Transitional Rent Allowance and Supplementary Housing Allowance for Members of Regional Crime Squads and Motorway Patrol Groups in Service at 31 August 1994
  7. Housing Allowance, Transitional Rent Allowance and Supplementary Housing Allowance for University Scholars in Service at 31 August 1994
  8. Compensatory Grant for Officers in Service on 31 August 1994

 

 

SECTION D: OTHER ALLOWANCES AND EMOLUMENTS

  1. Restrictions on Payment of Allowances
  2. Gratuity for Searching or Fingerprinting a Dead Body
  3. Allowances for Incidental Expenses at Residential Training Courses
  4. Instructors Allowance
  5. Home Office Circular 25/2000: Out of Force Inquiries: Residence Away From Home
  6. Reimbursement of Expenses Incurred in Execution of Duty
  7. Removal Allowance
  8. Plain Clothes Allowance
  9. Detective Expenses Allowances
  10. Refreshment, Subsistence and Lodging Allowances
  11. Advances to Cover Expenses When Away on Duty
  12. Motor Vehicle Allowance
  13. Car Leasing Schemes
  14. Dog Handlers Allowance
  15. Allowance in Respect of Medical Charges
  16. Personal Injury Compensation
  17. London Allowance
  18. Commuted Overtime Allowances
  19. Undermanning Allowances
  20. Allowances for University Scholars
  21. Suspension of Payment of Allowances

 

 

SECTION E: HOUSING, UNIFORM AND EQUIPMENT

  1. Provision of House or Quarters
  2. Issue, Ownership and Replacement of Uniform and Equipment

 

 

ANNEXES

  1. Pay Scales with Effect from 1 September 2005
  2. Rates of Allowances and Other Payments
  3. Refreshment, Subsistence and Lodging Allowance
  4. Motor Vehicle Allowance
  5. List of all PNB Circulars

 

1. NORMAL DAILY PERIOD OF DUTY

1.1 POLICE REGULATIONS: REGULATION 24 AND SCHEDULES 1 AND 3
Note: These provisions apply only to ranks below the rank of inspector.

Length of normal daily period of duty

Regulation 24(2) & (3)

Interval for refreshment

Regulation 24(3) &(4)

Modifications for

- part time service

- variable shift arrangements

Schedule 1: paragraph 4

Schedule 3: paragraph 1

1.2 HOME OFFICE CIRCULAR 21/97: INSPECTING RANKS' WORKING ARRANGEMENTS

1.2.1 Inspectors and chief inspectors, no less than other members of police forces, need to be able to plan both for their work and their personal and family commitments. Consequently it is important that they should be given, so far as the exigencies of duty permit, reasonable notice of when they will be required to be on duty.

1.2.2 For sound reasons to do with the health and welfare of the officer, the safety of others and effective working, no police officer should be required to work regular excessive hours, and, over a period of time, each officer should be allowed to take their full entitlement to days free from the requirements of duty. This is a particular consideration in the case of inspectors, chief inspectors and higher ranks, who are not paid overtime.

1.2.3 The changes to conditions for members of the ranks of inspector and chief inspector introduced with effect from 1 September 1994 should not have altered, nor were they intended to alter, the average hours worked each week in posts filled by members of those ranks.

1.3 PNB CIRCULARS 98/12 (ADVISORY) AND 98/13 (ADVISORY): ARRANGEMENTS FOR PART-TIME WORKING AND JOB-SHARING
1.3.1 PNB Circulars 98/12 (Advisory) and 98/13 (Advisory) set out PNB agreements concerning part-time working and job-sharing arrangements for the police service. The scheme took effect from 1 September 1998. Amendment regulations were issued in October 2001

1.3.2 Provision for part-time service shall be extended to members of all ranks below superintendent, and the scheduled working time, together with paid annual leave and paid public holiday leave shall total not less than 832 hours per year (an average of not less than 16 hours per week) for a part-time officer below the rank of superintendent.

1.3.3 Current provisions enabling chief officer and superintendent ranks to work on a part-time basis, sharing the duties of a member of their rank with an officer in the same rank, shall also be available to ranks below superintendent. Any such shared appointment is subject to agreement with the chief constable and subject also to the normal provisions concerning transfers, recall to duty, promotion, etc.

1.3.4 As a general rule obligations and benefits within regulations shall apply to part-time officers and job-sharers in the same way as they do to full-time officers. The requirements upon full-time officers concerning recalls to duty, compulsory overtime, transfer within force area, shift and unsocial hours working etc, apply in the same way to part-time officers. Pay, allowances and pensions provisions in most cases apply on a pro-rata basis although qualifying periods of a minimum number of hours exist for certain conditions (e.g. entitlements to refreshment breaks and enhanced payments for working overtime). Officers appointed to job-share shall be jointly subject to the provisions for officers serving part-time. They shall be jointly subject to all the obligations placed upon a full-time officer including liability to transfer, change of duties, etc. Unless otherwise stated, a reference in the following agreement to an officer working part-time means also a reference to an officer working on a job-share appointment.

1.3.5 An officer who has been appointed to part-time service or to job-share shall not be required to revert to full-time service without his or her consent.

1.3.6 If one of the two "job-sharing" officers (the leaving job sharer) reverts to full-time service or ceases to be a police officer, the remaining officer (the remaining job-sharer) retains the rank in which he/she was appointed and shall remain as a part-time officer in that or another post with the same determined hours and work pattern (unless the remaining job-sharer otherwise agrees). The Force shall take all reasonable steps to find a new or alternative job-share partner within three months. In the event that no such new or alternative job-share partner is found within that period, the remaining job-sharer will continue to perform duty in a part-time appointment in a post to be agreed between the officer and the chief officer, or be permitted to revert to full-time service.

1.3.7 An officer who is transferred from full-time to part-time service, or to a job-share appointment, shall, subject to there being a suitable vacancy, be permitted to return to full-time service within one month of the officer giving notice of his/her intention to return to full-time service. In any event, an officer in such circumstance shall return to full-time service within three months of giving notice.

1.3.8 Reviews of determined hours: In addition to the current provisions for annual reviews of determined hours at intervals of not more than 52 weeks, the regulations shall be amended to apply to all officers on part-time appointments or job-sharing. They shall also provide for additional reviews, which may be instigated by the member or the chief officer following or anticipating significant changes of duties or circumstances. Any resulting changes to scheduled working time and the resulting impact on pay and allowances shall take effect from the date of the instigation of the review or the date on which the significant change of duties or circumstances are to commence, whichever is the later.

1.3.9 Currently the regulations provide for the situation where, following a review it is agreed there should be no change in hours, the position reverts to the agreed determined hours at the time of the member's appointment. This shall be amended so that where no agreement is reached on a change to the member's determined hours, the member's normal period of duty will remain the same as that immediately preceding the review.

1.3.10 The regulations for part-time constables and sergeants allow a wide variety of working patterns to be determined by Chief Constables after consultation, e.g., an average of 5 days per week as part days could be worked or some weeks could be worked full-time with others completely free of duty (subject to the requirement of all police officers to attend for duty at any time if required). Rosters showing planned duty days and planned starting and finishing times of shifts shall be published for part-time officers. Unless otherwise agreed by individual officers the rosters shall, as with full-time officers, be published at intervals not exceeding 12 months and not later than 1 month before an officer commences part-time service. In common with the arrangements for full-time officers, rosters shall provide an interval of at least 8 hours between shifts and not more than 7 days will expire between rest days.

1.3.11 Officers in the Superintending and ACPO ranks are only able to work on a part-time basis if they share the duties of a member of their rank with an officer of the same rank. Thus the 24-hour responsibility of these ranks is still met in full and the combined active duty and standby/call-out hours of these officers will equate to the same hours worked by full-time officers in the superintending and ACPO ranks. They are jointly subject to all the obligations placed upon a full-time officer including liability to transfer, change of duties, etc.

2. THE FORCE DAY


2.1 POLICE REGULATIONS: REGULATION 25

Definition of "day"

Regulation 25(1)

Consultation with joint branch board

Regulation 25(2)

2.2 HOME OFFICE CIRCULAR 39/1985

2.2.1 It is open to the chief officer to define the force day as starting at different times for officers in different divisions or for officers engaged in different types of duty, if it appears to be in the best interests of the force to do so.

3. VARIABLE SHIFT ARRANGEMENTS

3.1 POLICE REGULATIONS REGULATION 26 AND SCHEDULE 3

Eligibility

Regulation 26 (1) & (2)

Hours of duty

Regulation 26 (3)(a)

Annual leave

Regulation 26 (3)(b)

3.2 PNB CIRCULAR 98/12 (ADVISORY), PARAGRAPHS 3 - ARRANGEMENTS FOR PART TIME WORKERS

3.2.1 Police Regulations, Regulation 26(1) (in England and Wales and equivalent regulations in Scotland and Northern Ireland) shall be amended to enable officers in part-
time or job-share appointments to participate in variable shift working arrangements, such arrangements to be set down in a separate Schedule to the regulations, and to address the overtime entitlement of such officers. The current regulations for part-time working do not permit officers working on a part-time basis to work a variable shift arrangement. To cater for officers working on a part-time basis under a variable shift arrangement, Regulation 4 of Schedule 1 shall, in respect of the substituted paragraph 24(4D), be amended as follows:

Where in one day a member is on duty for a continuous period of 5 hours or more, time for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the table below:

Number of Hours

Refreshment Time

Less than 6 hours

30 minutes

6 hours or more, but less than 7 hours

35 minutes

7 hours or more, but less than 8 hours

40 minutes

8 hours or more, but less than 9 hours

45 minutes

9 hours or more, but less than 10 hours

50 minutes

10 hours or more

60 minutes

4. ROSTERING OF DUTIES

4.1 POLICE REGULATIONS: REGULATION 27

Note: These provisions apply only to ranks below inspector.

Requirement to publish duty roster

Regulation 27(1) & (2)

Definition of "rostered rest day"

Regulation 27(1)(a)

Treatment of day off granted in lieu of a rostered rest day

Regulation 27(1)(b)

Details to be contained in duty roster

Regulation 27(3)

Intervals between:

 

- tours of duty

Regulation 27(4)(a)

- rostered rest days

Regulation 27(4)(b)

Alterations to duty rosters

Regulation 27(5)

Modifications for:

 

- part-time service

Schedule 1: paragraph 5

- variable shift arrangements

Schedule 3: paragraph 2

4.2 HOME OFFICE CIRCULAR 39/1985

4.2.1 Although the ultimate responsibility for publishing rosters rests with chief officers of police, the duty may be delegated, in accordance with existing practice. The Regulation should not be taken as requiring rosters to show the duties of individual officers by name. Some forces already prepare annual rosters showing the duties of groups of officers and, provided each officer knows to which group he/she belongs, such rosters will continue to meet the statutory requirement. Nor is there a requirement for the force roster to be published as a single document: depending on the needs of the force, they might be prepared and published at divisional, sub-divisional or even station level. The essential requirement is that every member of the force below the rank of inspector should be able to know from a published annual roster what his/her duties are likely to be for the period of 12 months from the date on which the roster comes into operation. Regulation 27(5) makes provision for rosters to be altered, owing to the exigencies of duty. Such alterations may be made under authority delegated by the chief constable.

4.3 PNB CIRCULAR 86/9

4.3.1 Where alterations are made to an annual duty roster after its publication these changes must arise from the exigencies of duty (unless they are made at the officer's own request or have otherwise been agreed with the joint branch board). The term "exigencies of duty" should be interpreted as relating to situations where a pressing demand, need or requirement is perceived that is not reasonably avoidable and necessitates a change of roster. In this context the word "pressing" relates to the expected situation at the time when the duty is to be performed rather than the time when the duty roster is changed, i.e. the reasons for a change may be known many months in advance but still be pressing.

4.3.2 Changes to rosters should only be made after full consideration of welfare, operational and practical circumstances rather than purely on financial grounds. Because rosters are produced annually a number of unforeseen reasons for changes may subsequently arise. It is clearly not possible to produce an exhaustive list of all of the potential reasons which may necessitate changes. However, by way of example, changes to rostered duties would be justified by unforeseen public order situations, court attendance and essential training. An officer should be told as soon as the requirement for the change is known and at the latest, by midnight on the calendar day before the changed period of duty commences.

4.3.3 Late turn: Officers should be given adequate notice as set out above before being changed to a full normal period of duty from 9 am to 5 pm when the exigencies of duty require attendance at morning court.

4.3.4 Night duty: It is clearly not in the interest of police forces, or individual officers, that officers should be required to perform a full normal period of duty between 9 am and 5 pm having just concluded a period of night duty at 6 am/7 am that day. Exceptionally, where an officer requests such a change, and the appropriate supervising officer considers it desirable, approval may be given for such a change which may also be appropriate on "quick changeovers". An officer should not normally be required to perform consecutive periods of night duty, late turn duty and 9 to 5 duty, to facilitate court attendance during a shift cycle of night duty, unless an officer requests such a change. Changes to the duty roster might be necessary where an officer is required to attend court on consecutive days during a shift cycle of night duty.

4.3.5 General It is recognised that it may not always be possible to follow the guidelines set out above, but the aim should be to allow an officer adequate time for rest and recuperation between duties. There is of course an absolute requirement at all times to follow the provisions of Police Regulations governing changes to rosters. In accordance with Regulation 27(5) all practical measures should be taken to avoid rosters being changed so that an interval of less than eight hours expires between one daily period of duty and the next.

4.4 PNB CIRCULAR 93/12 (ADVISORY)

4.4.1 The Staff Side of Committee C submitted a claim concerning re-rostering of rest days. They requested that regulations be amended to provide that where a day originally scheduled as a rest day is re-rostered so that it becomes a scheduled working day, then the re-rostered alternative rest day should be taken on the same day of the week. Thus a re-rostered rest day that was originally to have been taken, for example, on a Saturday, would be taken as a rest day on a future Saturday. The Staff Side argues that, particularly in the case of officers with family commitments, it is unfair for the rest days originally rostered to be taken at weekends to be substituted by rest days on weekdays.

4.4.2 The Official Side recognises that rest days at weekends can be particularly valuable for some officers and therefore understand the thinking behind the Staff Side's claim. Nevertheless, it is concerned that current regulations already impede the freedom of managers to deploy staff and is anxious not to introduce further constraints. Furthermore, it considers it essential when allocating re-rostered rest days that management can take into account the likely peaks in demand for staff resources. It considers it would be counter-productive always to re-roster a rest day to a future weekend if managers believe this is likely to be a time of peak demand. The Official Side is concerned that, if the Staff Side claim were to be accepted, otherwise avoidable expenditure (on overtime and cancelled rest days) might be incurred. It believes it is legitimate for managers to plan to try and avoid such expenditure.

4.4.3 Despite the lack of agreement on this subject the two Sides of Committee C believe it is appropriate to draw the matter to the attention of chief constables. They advise that where chief constables (or supervising officers acting on their behalf) consider it reasonably practicable to do so, consideration should be given to the wishes of individual officers in allocating re-rostered rest days. Chief constables and joint branch boards may consider it appropriate to discuss in force joint consultative committees local practice on the allocation of re-rostered rest days. The aim would be to ensure the best possible match between the wishes of individual officers and the most cost effective utilisation of staff.

4.4.4 The above guidance does not involve the introduction of any new entitlement within regulations and is thus issued as an advisory circular.

 

5. OVERTIME

5.1 POLICE REGULATIONS: REGULATION 28

Note: These provisions apply only to ranks below inspector.

Definition

Regulation 28(1)

Qualifying period for and rate of compensation

Regulation 28(5), (6) & (7)(b)

Time off in lieu of payment

Regulation 28(4) & (5)

Calculation -

 

- in respect of casual escort duty

Regulation 28(7) (a)

- in respect of recalls to duty

Regulation 28(7)(c)

- where rostered tour of duty is brought forward without due notice

Regulation 28(7)(d)


Modifications for:

 

- part-time service


Schedule 1: paragraph 6

- variable shift arrangements

Schedule 3: paragraph 3

5.2 HOME OFFICE CIRCULAR 86/1989

5.2.1 Regulation 28 (1)(c) makes provision for overtime compensation (in the form of payment or time off) where an officer is required to begin a tour of duty earlier than the rostered starting time during a force day when he has already completed his normal tour of duty and has not been given due notice of the requirement. Regulation 28(7)(b)(c)(d) provides that the time worked before the start of the rostered tour of duty is to be reckonable as overtime and is to be taken into account as part of that tour of duty. Regulation 28(8) defines "due notice".

Notes: The effect of this may be considered by taking as an example an officer in a force where the force day starts at 6 am, he is rostered for duty from 6 am to 2 PM and he is required, without due notice, to start at 4 am. The two hours from 4 am to 6 am will be payable at overtime rates (i.e. payments will be enhanced by one third). They will also count towards the tour of duty, so this effectively ends at 12 noon. If he goes off duty at that time, there will be no further compensation. But if he works on until 2 PM, the hours from 12 noon to 2 PM are to be regarded as overtime.

5.2.2 Regulation 25(1) defines "day" as meaning (for the purposes of Part III of the Regulations) "a period of 24 hours commencing at such time or times as the chief officer shall fix". This definition applies to the interpretation of these new provisions.

5.2.3 The Police Negotiating Board take the view that, with regard to due notice:

  • the officer should be given as much notice of the change of duty as possible;

  • every effort should be made to ensure that notice is given before the end of the shift prior to the one that is to be altered.

5.2.4 The Police Arbitration Tribunal made it clear that the circumstances covered by these new provisions do not constitute a recall to duty within the meaning of Regulation 28 (7)(c).

5.3 PNB CIRCULAR 98/13 (ADVISORY) PARAGRAPH 16: ARRANGEMENTS FOR PART-TIME WORKERS

5.3.1 Time off in lieu or overtime premia at the rates of time and one-third will be granted for hours worked in excess of scheduled working time where both more than eight hours is worked on a day and more than 40 hours are worked within the week in which the day falls. Where hours are worked in excess of scheduled working time but one or both of the two criteria (eight hours per day and 40 hours per week) is not met then payment will be made at plain time rates and a member will have the option of taking unpaid time off in lieu. As with full-time officers the choice between time off in lieu or payment will be made by the individual officer, subject in the case of time off in lieu to the exigencies of duty.

6. OFFICERS HELD IN RESERVE AWAY FROM THEIR NORMAL PLACE OF DUTY

6.1 PNB CIRCULARS 86/15, 88/9 AND 95/8

6.1.1 Definition of "held in reserve" "Held in reserve" is defined by agreement to mean officers who are serving away from their normal place of duty and who are obliged to stay in a particular, specified place and are not allowed to return home. When officers are held in reserve away from their normal place of duty and are required to sleep in a specific location, all hours shall be counted as duty hours except for a period not exceeding eight hours in every 24, provided that in respect of that period:

  • proper sleeping accommodation is provided; and

  • the officers are stood down from immediate operational availability and, according to the particular circumstances, are allowed reasonable freedom of movement while remaining contactable in case an emergency requiring their recall should arise.

6.1.2 Definition of "proper sleeping accommodation" "Proper sleeping accommodation" is defined as provision of beds and bedding under cover, with access to washing and toilet facilities and with adequate heating and ventilation according to the season.

6.1.3 Definition of a "higher standard of accommodation" Where there has been time to upgrade accommodation prior to, or subsequent to, the time when it became know that the reserve duty was to be undertaken, the definition of "proper sleeping accommodation" given above shall be replaced by the following definition of a higher standard of accommodation:

"Provision of beds (which could be camp beds) and bedding under a roof; average of 50 square feet per officer (40 square feet where four or fewer officers are accommodated in the same room); not more than eight officers per shift per wash basin; not more than 10 officers per shift per toilet (WC - not urinal); not more than 15 officers per shift per shower head/bath; adequate heating/ventilation according to the season; and the rooms used for sleeping not also to be used simultaneously for recreation or other purposes. Chief constables would be advised:

  • that different shifts should be accommodated separately;

  • that, wherever possible, the provision of large numbers of beds in a single room (such as an aircraft hangar) should be avoided but, when this is unavoidable, the provision of mobile screening should be considered to allow for smaller areas; and

  • that there should be reasonable proximity between sleeping accommodation and washing/toilet facilities."

6.1.4 The PNB expects that common sense and reasonableness in the light of all surrounding and relevant circumstances will be exercised locally in applying the higher standard. A hardship allowance, equivalent to two hours' basic pay of an eight-years' service constable, shall be payable immediately where it would have been possible to provide the standard by the time the officers arrived at the accommodation but this was not achieved. Otherwise, if the standard is not achieved, the allowance shall be payable after 48 hours of the requirement for duty being known by the aided force.

6.1.5 The standard of accommodation set out above is that to be used in assessing whether a hardship allowance is to be paid. It should not be regarded as the standard to be aimed at. The PNB anticipates that better facilities will be provided if this is reasonably practicable.

6.1.6 The PNB recognises that the amount of notice provided to management of a requirement to hold officers in reserve, the anticipated duration of the requirement and the anticipated number of officers can all be significant features in determining the standard of accommodation that can reasonably be provided. Where a requirement can be anticipated well in advance (and the number of officers required can also be anticipated with a degree of confidence) then it is expected that reasonable efforts to provide additional facilities to those set out above will be made. These should include: drying facilities for wet clothes; adequate hot water supplies; storage facilities for clothing and equipment; curtains or other screening to darken sleeping accommodation; and where officers are on different duty rosters, the provision of recreation areas for off-duty officers. The ratio of officers per WC/wash basin/bath/shower head should also be improved if reasonably practicable.

6.1.7 Method of determining payments for travelling time: When an officer is on mutual aid throughout a period of 24 hours coinciding with his own force's "day", then payment will be for all hours except "sleeping time" not exceeding eight hours.

6.1.8 When, in a period of 24 hours coinciding with his own force's "day" an officer is on mutual aid for only part of that period, then payment will be for all mutual aid hours except "sleeping time" not exceeding eight hours.

Notes: "Mutual aid" hours include travelling time to the aided forces and back again.

"Sleeping time" is exempt from payment only if the conditions detailed in the first part of this circular are met.

"Sleeping time" should be continuous except that, within a period of 24 hours coinciding with the definition of a "day" used by an officer's force, there may be two part periods of "sleeping time", separated by a full tour of duty. In such cases, not more than eight hours in 24 is exempt from payment.

 

7. OFFICERS DETAINED ON DUTY OVERNIGHT AWAY FROM HOME

7.1 PNB CIRCULAR 95/1 (ADVISORY)

7.1.1 It has been drawn to the attention of the Side Secretaries of the PNB's Committee C that some uncertainty exists concerning officers who are required to attend court outside their own force area and are consequently absent from home overnight. It is the view of the Side Secretaries that any decision on an officer's duty hours in such circumstances is at the discretion of the chief constable, in the same way as it is for casual escort duty.

8. PUBLIC HOLIDAYS AND REST DAYS FOR RANKS BELOW INSPECTOR

8.1 POLICE REGULATIONS: REGULATION 29

Entitlement

Regulation 29(2)

Definition of "public holiday"

Regulations 4(1) & 29(9)(d)

Compensation for being required to work on:

 

- a rostered rest day

Regulation 29(3), (4) & (5)

- a public holiday

Regulation 29(6)

Time off in lieu of payment for being required to work on a public holiday or a rest day

Regulation 29(7) & (8)

Compensation for

 

- being required to work for less than four hours or being recalled to duty on a public holiday or a rest day;

Regulation 29(9)(f)

- travelling time on a public holiday or a rest day;

Regulation 29(9)(g)

- an officer who works on a public holiday or a rest day at his own request

Regulation 29(10)

Modifications for:

 

- part-time service

Schedule 1: paragraph 7

- variable shift arrangements

Schedule 3: paragraph 4

8.2 HOME OFFICE CIRCULAR 39/1985 - COMPENSATION FOR REQUIREMENT TO WORK ON A REST DAY

8.2.1 Regulation 29(10) provides that an officer shall not be treated as having been required to do duty on a rostered rest day or public holiday where the duty was done on that day at his own request. But where, because of the need for extra manpower on a specific day, officers who were rostered to be off duty are invited to volunteer to do duty on that day, the normal compensation arrangements for rest day or public holiday working will apply. Responding to a management request for volunteers should not be treated as a request by the officer concerned to do duty on the day in question.

8.3 HOME OFFICE CIRCULAR 63/1987: PUBLIC HOLIDAYS
8.3.1 Regulation 4(1) provides that, for the purposes of the Police Regulations, 26 December or 1 January are to be treated as public holidays where either of those dates falls on a Saturday or a Sunday.

8.4 HOME OFFICE CIRCULAR 27/1988 AND 40/94: COMPENSATION FOR RECALLS TO DUTY ON A PUBLIC HOLIDAY OR ROSTERED REST DAY
8.4.1 Regulation 29(9)(f) corrects an anomaly in the compensation provided for officers who are recalled to duty following an earlier period of duty on a public holiday or a rostered rest day. Regulation 28(7)(c) provides a minimum of four hours' overtime for an officer who is recalled to duty on a normal working day and Regulation 29(9)(f) provides for a minimum compensation of four hours at the appropriate rate for officers who are required to work on a public holiday or a rostered rest day. But an officer recalled to duty following an earlier period of duty on a public holiday or a rostered rest day has hitherto been entitled to compensation at the appropriate rate only in respect of the period actually worked as a result of the recall. In future there will be an entitlement to a minimum of four hours' compensation at the appropriate rate when an officer is recalled to duty in these circumstances.

8.4.2 Public holidays and rest days Regulation 29 gives effect to certain aspects of the Police Negotiating Board agreement set out in PNB Circular 94/1 (Advisory).

8.5 PNB CIRCULAR 98/12 PARAGRAPHS 10 AND 11: ARRANGEMENTS FOR PART-TIME WORKERS (ADVISORY)
8.5.1 An officer's entitlement to annual increments in pay and increases in annual leave shall remain unchanged by any period of part-time service. This provision shall be deemed to have taken effect from 1 July 1992.

8.5.2 Subject to paragraph 8.5.1, current provisions for calculating annual leave according to the number of days set down in Schedule 4 shall be retained but amended to include provisions for adjusting pay in respect of annual leave and public holiday leave for inspector and chief inspector rank officers on part-time service by reference to the appropriate factor, and for those engaged in job-share appointments by reference to half.

8.6 PNB CIRCULAR 85/9: REINSTATEMENT OF CANCELLED REST DAYS
8.6.1 When an officer's rest day is cancelled in anticipation of an operational need for which, in the event, he is not required to attend for duty:

  • where the officer is told with more than seven days' (and less than 15 days') notice that he will not after all be required to work on his rest day, he will take the rest day with no compensation;

  • where the officer is given less than eight days' notice, he can choose between taking the rest day with no compensation or working on the rest day with compensation in accordance with Police Regulations.

8.7 PNB CIRCULAR 86/2: REINSTATEMENT OF CANCELLED PUBLIC HOLIDAY LEAVE

8.7.1 When an officer's public holiday leave is cancelled in anticipation of an operational need for which, in the event, he is not required to attend for duty:

  • where the officer is told with more than seven days' notice that he will not after all be required to work on the public holiday, he will take the public holiday leave with no compensation;

  • where the officer is given less than eight days' notice, he can choose between taking the public holiday leave with no compensation or working on the public holiday with compensation in accordance with Regulations.

9. PUBLIC HOLIDAYS AND REST DAYS FOR INSPECTORS AND CHIEF INSPECTORS

9.1 POLICE REGULATIONS: REGULATION 30

Entitlement

Regulation 30(2) & (3)

Modification for part-time service

Schedule 1

10. PUBLIC HOLIDAYS AND MONTHLY LEAVE DAYS FOR RANKS ABOVE CHIEF INSPECTOR

10.1 POLICE REGULATIONS: REGULATION 31

Entitlement to:

 

- leave on public holidays

Regulation 31(2)

- monthly leave days

Regulation 31(2)

Compensation for being required to work on:

 

- a public holiday or monthly leave day (superintendents only)

Regulation 31(3)

- a public holiday (other ranks)

Regulation 31(4)

Definition of "month"

Regulation 31(5)

Modifications for part-time service

Schedule 1: paragraph 8

11. TRAVELLING TIME TREATED AS DUTY

11.1 POLICE REGULATIONS: REGULATION 32

Reckoning for overtime purposes

Regulation 32(1) & (2)

Payment of motor vehicle allowance

Regulation 32(3)

Reimbursement of travelling expenses

Regulation 32(4)

Modifications for:

 

- part-time service

Schedule 1: paragraph 9

- variable shift arrangements

Schedule 3: paragraph 5

12. MEETINGS OF POLICE FEDERATION TREATED AS DUTY

12.1 POLICE REGULATIONS: REGULATION 33

Attendance regarded as police duty

Regulation 33(1)

Attendance at additional meetings of branch boards or branch board committees

Regulation 33(2)

Attendance at other meetings with the Secretary of State's approval

Regulation 33(3)

13. ANNUAL LEAVE

13.1 POLICE REGULATIONS: REGULATION 34 AND SCHEDULE 4

General entitlement

Regulation 34(1)

To be additional to rest days and monthly leave days

Regulation 34(2)

Entitlement (federated ranks only) to take rest days in a continuous period with annual leave

Regulation 34(2)

Specific entitlements for:

 

- chief officer and superintending ranks

Schedule 4: paragraph 1(1)

- federated ranks

Schedule 4: paras 1(2) and (3)

Calculation of entitlement in a year in which an officer is promoted, retires or completes a number of years' service entitling him or her to an increase in annual leave

Schedule 4: paragraph 2

Carry over of (federated and superintending ranks only)

Schedule 4: paragraph 3(a)

Anticipation of (federated and superintending ranks only)

Schedule 4: paragraph 3(b)

Entitlement to take in periods of varying length, including half days

Schedule 4: paragraph 4(1)

Restrictions (federated ranks only) on taking in half days

Schedule 4: paragraph 4(2)

Compensation for recalls to duty

Schedule 4: paragraph 5

Definitions of "leave year" and "relevant service"

Schedule 4: paragraph 6(1)

Reckoning of service of former members of an aerodrome constabulary

Schedule 4: paragraph 6(2)

Modifications for:

 

- part-time service

Schedule 1: paragraph 10 (see also paragraph 1.3.1 of Section B - amendment regulations are awaited)

- variable shift arrangements

Schedule 3: paragraph 6

13.2 POLICE COUNCIL CIRCULAR 4/74: SUMMER LEAVE

13.2.1 While it is ultimately for the chief officer to decide, officers should, if possible, be able to take two weeks of their annual leave between 1 June and 30 September, if they so wish.

13.3 POLICE COUNCIL CIRCULAR 8/71: CARRY-OVER OF ANNUAL LEAVE AS A CONSEQUENCE OF INJURY

13.3.1 Where annual leave is foregone as a consequence of injury sustained in the course of duty it is considered reasonable for the carry-over provisions in Police Regulations to apply. Clearly the merits of particular cases will vary widely; for example, according to the amount of both annual leave and sick leave which has been taken before the end of the leave year in which the entitlement to annual leave arises. For this reason, there is no wish (on PNB's part) to limit the discretion of chief officers under the Regulation.


13.4 RECALL FROM ANNUAL LEAVE - PNB CIRCULAR 01/10 (ADVISORY)

13.4.1 Officers recalled to duty or required to work on days scheduled for annual leave are able to elect for payment in lieu of the additional compensatory days or half days provided in Regulation 34, schedule 4, paragraph 5(1)(a) and (b). This applies to all ranks below Superintendent and the following provisions will be included in amendment regulations.

Where an officer has been recalled to duty from a period of annual leave for a period of 1 or 2 days (whether or not in the latter case those days formed a single period) s/he should be able to elect for 1 day's annual leave and 1 day's pay at double time in lieu of each day for which s/he was recalled; or

If recalled to duty for 3 or more days (whether or not forming a single period), 1 day's annual leave and 1 day's pay at double time in lieu of each of the first 2 days of recall, and 1 day's annual leave and ½ day's pay at double time in lieu of each such day for recall thereafter.

A day's pay to be defined as 8 hours, or the equivalent in respect of officers working alternative shift systems or part time.

14. TRANSFER LEAVE

14.1 POLICE COUNCIL CIRCULAR 8/71
14.1.1 Chief constables are recommended to adopt the following arrangements:

  • transfer leave should be granted in all cases where a member of a force is required by the chief officer to remove his or her home or quarters;

  • where the removal is into unfurnished accommodation, three days should normally be granted, at the discretion of the chief officer, whether the member is married or unmarried;

  • where the removal is into furnished accommodation or, in the case of unmarried members, into provided quarters the period should be of such reasonable number of days (not exceeding three) as the chief officer may decide;

  • where the removal is to or from a remote area, additional days to those specified above should be granted as the chief officer may consider appropriate, to take account of the distances involved; and

  • all the foregoing arrangements should apply equally to a member who is transferred from another police area, when the requisite period of leave should be granted by the chief officer of the "receiving force", subject to any private arrangement to the contrary.

15. VOLUNTEER RESERVE FORCES: LEAVE ARRANGEMENTS

15.1 HOME OFFICE CIRCULAR 104/1988

15.1.1 Most police forces grant special leave on full pay to police officers attending annual camps and other forms of training, broadly in line with the scale suggested in Home Office Circular 24/1951. This scale, which is reproduced below, should continue to be used. Its detailed application in each force should continue to be a matter for decision locally in the light of the needs and circumstances of each force.

15.1.2 The suggested scale is:

i. where the annual leave entitlement is less than 24 days, sufficient special leave allowance may, subject to (iv) below, be granted to bring the total leave allowance (special and annual leave combined) up to 30 days;

ii. where the annual leave entitlement is 24 days or more, a special leave allowance of six days may, subject to (iv) below, be granted;

iii. so far as the exigencies of duty permit, members of the Volunteer Reserve Forces may be granted at discretion up to nine days a year at weekends for the purpose of attending weekend training camps;

iv. special leave with pay will not be granted in excess of the number of working days during which a member of a police force attends camp for the specified training.

16. APPLICATION OF THE WORKING TIME REGULATIONS 1998, as amended by the WORKING TIME AMENDMENT REGULATIONS 1999 - PNB CIRCULAR 2001/2 (Advisory)

16.1 The Working Time Regulations include in the interpretation of 'working time' under Regulation 2(1) provision for "any additional period which is to be treated as working time for the purpose of these Regulations under a relevant agreement". It has been agreed that the following periods should be included in the national definition of police officers' working time and applied to amendment regulations:

(i) travel outside of normal rostered duty hours and not currently covered by Police Regulation 32, to and from duty at a place other than the normal place of duty, e.g. travel to and from court;

(ii) travel to and from training courses other than at the normal place of duty.

16.2 Definition of 'night worker' The Working Time Regulations define a night worker as a worker "who, as a normal course, works at least three hours of daily working time during night time". This was clarified in the Regulations as a person who "works as a normal course (without prejudice to the generality of that expression) if s/he works such hours on the majority of days on which s/he works." DTI guidance on this definition was confirmed and strengthened by a Northern Ireland High Court decision (R. v. Attorney General for Northern Ireland ex parte Burns).

16.2.1 The following definition of a 'night worker' has been adopted for the purposes of the
police service:

that a police officer who regularly works shifts which include nights, irrespective of the shift pattern actually worked, should be a 'night worker' for the purposes of the Working Time Regulations.

16.2.3 Any worker classified as a night worker must, under the terms of Regulation 7, be given the opportunity of a free health assessment before undertaking night work and be moved from night work where a doctor has advised that his/her health may be suffering. The PNB also agreed that it would be good practice for all police officers, regardless of whether they are 'night workers', to be given the opportunity of a free health assessment.

16.3 Entitlement to Daily Rest Regulation 10 provides for an entitlement to "a rest period of not less than eleven consecutive hours in each 24-hour period", which is at variance with the eight hours currently conferred by Police Regulations. The PNB agreed that regulations should be amended as follows to take account of this entitlement:

Regulation 27(4)(a) - 11 hours to be substituted for the current 8 hours; and consequent amendments to Schedule 1 (Modification for part-time service);
Regulation 27(4) - after "unless the joint branch board agrees otherwise": insert "subject to an equivalent period of compensatory rest".

16.4 Compensation related to entitlement to annual leave Regulation 14 of the Working Time Regulations provides that, on termination of employment during the course of a leave year, "where the proportion of leave taken by the worker is less than the proportion of the leave year which has expired, his employer shall make payment in lieu of leave". A police officer who, on termination of service has taken less than his/her annual leave entitlement under the Working Time Regulations, is entitled to payment in lieu of the untaken days.

16.4.1 The right for payment of untaken annual leave under the provisions of the Working Time Regulations dates from 1st October 1998. For the period 1st October 1998 to 18 October 2000 this is limited to the minimum annual leave entitlement under the Working Time Regulations. Regulation 13 provides for a minimum period of paid annual leave and Regulation 14 provides that where employment is terminated in the course of a leave year, payment must be made in respect of annual leave which has accrued in that leave year but which has not yet been taken. From 19 October 2000 onwards payment of remaining annual leave on termination of service applies to the whole of the officer's annual leave entitlement in line with paragraph 4 of PNB Circular 01/2. The calculation date for payment of annual leave should be based on pay at last day of service and if pay was reduced due to sickness, payment of annual leave should be based on notional full pay.

16.4.2 The Side Secretaries consider that sick leave does count in full for determining annual leave accrual. If an officer was off sick the annual leave entitlement for that year would be the officer's full entitlement without any reduction. The relevant entitlement under the Working Time regulations would not have been reduced by periods of unpaid sick leave.

16.4.3 If an officer on termination of service has not been able to take his/her leave then the provisions of Regulation 14 should apply to all the officer's remaining annual leave entitlement, and is not limited to the annual leave entitlement under the Working Time Regulations. The formula in Regulation 14(3) should be used to make the calculation. The payment due shall be a sum equal to the amount that would be due to the worker under regulation 16 (viz. at the rate of a week's pay in respect of each week of leave calculated by reference to sections 221-224 of the Employment Rights Act 1996 as modified) with a day's pay for this purpose comprising, for a full time member, a week's pay divided by 5 and, for a part-time member, comprising a week's pay multiplied by the appropriate factor for that member and divided by 5, in respect of a period of leave determined according to the formula -

(A X B) - C

where-
A is the period of leave to which the worker is entitled
B is the proportion of the worker's leave year which expired before the termination date, and
C is the period of leave taken by the worker between the start of the leave year and the termination date.

17. SICK LEAVE

17.1 POLICE REGULATIONS: REGULATION 35

Certificated

Regulation 35(1)

Uncertificated

Regulation 35(1): proviso (a)

Arbitration arrangements

Regulation 35(1): proviso (b)

Quarantine

Regulation 35(2)

Pay during

Regulation 46

Modifications for part-time service

Schedule 1: paragraph 11

17.2 HOME OFFICE CIRCULAR 52/1989: ARBITRATION ARRANGEMENTS

17.2.1 Regulation 35(1)(b) gives effect to a Police Advisory Board recommendation that a procedure should be introduced to provide for arbitration in cases where there is a divergence of opinion between an officer's GP (or other medical adviser) and the Force Medical Officer about the officer's fitness for duty. The Regulation requires the police authority, within 28 days of the divergence of opinion coming to their attention, to arrange for a third medical practitioner, acceptable to both sides, to examine the officer and to report his conclusions in writing to both sides. The results of the arbitration are to be regarded as binding upon both sides. The agreement of the officer's GP (or other medical adviser) is required to the reference of the issue to a third medical practitioner but:

  • in the event of a failure to agree on a suitable arbitrator, the police authority may appoint such arbitrator as it considers appropriate;

  • if the officer's GP (or other medical adviser) does not agree to arbitration, the opinion of the Force Medical Officer will prevail.

17.2.2 It should be noted that:

  • the term "general medical practitioner" covers not only GPs but also other medical experts, such as hospital consultants and other specialists;

  • the officer will not himself be a party to the arbitration procedures: his interests will be represented by his GP (or other medical adviser);

  • it will be for the police authority to identify a suitable arbitrator, in consultation with the two sides;

  • the only time limit specified by the Regulation is that the police authority must, within 28 days of the divergence of opinion coming to their attention, make arrangements for arbitration. The examination by the third medical practitioner need not necessarily take place during the period but, as a matter of good practice, police authorities should arrange for it to take place within a specified period;

  • it would not be practicable to set a time limit for the delivery of the arbitrator's conclusion: in certain cases a period of observation may be required before a conclusion can be reached. Informal arrangements should, however, be made for the arbitrator to keep the two sides informed of developments if there is likely to be a substantial delay before he can reach a conclusion;

  • since it falls to the police authority to arrange the arbitration, it follows that they will be required to meet the costs;

  • the arbitration arrangements apply only when the officer's GP (or other medical adviser) has issued a certificate of unfitness for duty. If the officer or his medical advisers consider that he is fit for duty but the Force Medical Officer does not, the Force Medical Officer's opinion will prevail.

17.3 PNB CIRCULARS 82/4 AND 82/7: UNCERTIFICATED SICK LEAVE

17.3.1 The grant of uncertificated sick leave is subject to the following conditions:

  • the member concerned shall immediately notify his supervising officer that he is unfit for duty;

  • the member concerned should provide further notification not later than the fourth day of absence;

  • if his absence continues after the seventh consecutive calendar day, he shall at once submit a medical certificate;

  • on return to duty the member shall sign a statement (covering the duration of absence and his own description of his illness) in the presence of his supervising officer, in respect of absences of seven consecutive calendar days or less and of the first seven consecutive calendar days of longer absences;

  • during the period of seven consecutive calendar days the member may be visited by a supervising officer; and

  • the privilege may be withdrawn at any time from a member of the force.


18. ANTENATAL CARE AND MATERNITY LEAVE

18.1 POLICE REGULATIONS: REGULATION 36, 36A AND 46A

Pay during maternity leave

Regulation 46A

Leave for ante-natal care

Regulation 36

Maternity leave

Regulations 36A & 46A

Modification for part-time service

Schedule 1: Paragraph 16A

Pay during

Regulation 46

Modifications for part-time service

Schedule 1: paragraph 11

18.2 PNB CIRCULAR 01/22: MATERNITY, MATERNITY SUPPORT, PARENTAL AND ADOPTION LEAVE AND TIME OFF FOR DEPENDANTS.

18.2.1 The PNB has agreed amendments to the Police Occupational Maternity Scheme, as set down in PNB circular 95/15, which is now obsolete. New provisions have been created for police officers to maternity support leave (which replaces paternity leave), adoption leave and time off for dependants. These entitlements take effect from 15 December 1999 unless stated otherwise. These provisions apply to full-time officers and those who are serving, or have served, part-time or in job shares.

18.2.2 The Police Occupational Maternity Scheme provides that maternity leave can be taken by all policewomen for the whole or any part or parts of the period:

i) commencing six months before the expected date of childbirth; and

ii) ending nine months after the expected date of childbirth.

18.2.3 The scheme allows policewomen to choose for themselves when they will commence any period of maternity leave provided that a period of maternity leave commences no later than the expected date of childbirth. For those officers qualifying under paragraph 18.4 the first three months maternity leave will be paid.

18.2.4 The entitlements to ante-natal care identical to those provided to other workers by Section 55 of the Employment Rights Act 1996 (as amended) shall be provided to all policewomen.

18.2.5 All policewomen will be entitled (whether or not entitled to paid maternity leave) to reckon 18 weeks maternity leave as

i) service in their rank for the purposes of pay determination under regulation 39 (England & Wales) and as relevant service under paragraph 6 (1) of Schedule 4 (England & Wales); and
ii) part of any period of probation.

18.2.6 PNB has agreed that policewomen who have served continuously for a period of not less than one year at the beginning of the eleventh week before the expected date of birth, will, in addition to reckoning the 18 weeks maternity leave period pursuant to paragraph 18.2.5 above, be entitled to reckon any part of the period beginning with the week of childbirth and ending 29 weeks from the week of childbirth as:

i) service in their rank for the purposes of pay determination under regulation 39 (England & Wales) and as relevant service under paragraph 6(1) of Schedule 4 (England & Wales); and

ii) part of any period of probation.

18.3 ABILITY TO TAKE MATERNITY LEAVE IN MORE THAN ONE PERIOD (REGULATION 36A, POLICE REGULATIONS 1995 (as amended))

18.3.1 There is currently an anomaly in police regulations precluding officers from returning to duty within a period of maternity leave (e.g. to attend court hearings) after childbirth. The Home Office has agreed that it was intended that the regulations should allow for split periods of maternity leave both before and after childbirth. The correction will be made, to operate retrospectively to the date when regulation 36A came into effect (10 April 1996).

18.4 PAID MATERNITY LEAVE

18.4.1 In addition, the police occupational maternity scheme (regulation 46A England & Wales) provides an entitlement to be paid for the first three months of maternity leave in respect of each pregnancy (this may include split periods of maternity leave as referred to in paragraph 18.3 above) if the following requirements are met:

i) the policewoman has served continuously for a period of not less than one year at the beginning of the eleventh week before the expected date of birth; and
ii) remains pregnant or has given birth 15 weeks before the expected week of childbirth.

18.4.2 Where any period of paid maternity leave coincides with statutory maternity pay periods, police maternity pay will be offset by statutory maternity payments. An officer receiving occupational maternity pay will return to work, following maternity leave, for at least one month. This requirement will be satisfied whether the officer works full or part-time and whether or not during that period she enjoys any period of annual or sick leave. An officer who fails to do so will be required to reimburse her Authority the occupational maternity pay (in excess of statutory maternity pay and net of all statutory deductions and pension contributions) except where the Authority waives their right to reimbursement.

18.5 NOTIFICATION

18.5.1 As soon as reasonably practicable and not later than 21 days before the expected date of childbirth an officer shall give notification of:

  1. the pregnancy;

  2. the expected week of childbirth; and

  3. the date on which she intends to commence maternity leave (this date may subsequently be brought forward by the officer to any point up to six months before the expected date of childbirth).

18.5.2 There is an assumption that an officer will return to work 9 months after the expected
date of childbirth. If this is not the case an officer will provide notification not less than 21 days in advance of her anticipated date of return. This period may be reduced with the agreement of the chief constable.

18.6 INTER-RELATIONSHIP WITH THE POLICE OCCUPATIONAL SICKNESS LEAVE AND PAY SCHEME

18.6.1 A pregnant policewoman will have the following entitlement:

  1. if sick before her maternity leave and otherwise meeting the requirements of the sick pay scheme, an entitlement to sickness pay until the date she would otherwise have commenced her intended maternity leave;

  2. if sick following maternity leave and otherwise meeting the requirements of the sick pay scheme, an entitlement to sick pay and leave of absence in accordance with the normal rules of the sickness scheme.

18.6.2 A policewoman who has commenced her maternity leave will not be entitled to sickness payments before her intended date of return to work. For the avoidance of doubt, the sick pay scheme does not exclude any entitlement to sick leave in respect of any injury, illness or incapacity for duty, which is solely or mainly due to pregnancy or childbirth or their after effects, in the period before the intended start of maternity leave or the period after the intended date of return to work.

18.7 DEATH OF A BABY AND STILL-BIRTH

18.7.1 If a baby dies or is stillborn after 24 weeks pregnancy the scheme would apply. Where this occurs before 24 weeks, authorities should give sympathetic consideration to the circumstances and where necessary grant special leave or sick leave as appropriate on the basis of the individual circumstances. The decision should be advised by the needs of the officer and medical opinion.

18.8 PARENTAL LEAVE

18.8.1 Parental leave provisions equivalent to the Maternity and Parental Leave Regulations 1999 will apply to the police service. These Regulations provide that an officer who has continuously served for not less than one year at the time they want to take the leave and has or expects to have, responsibility for a child, is entitled to 13 weeks leave in respect of each child up to the age of five (except as otherwise provided under the Maternity and Parental Leave Regulations 1999), and in addition any other nominated carer where the chief officer is satisfied that that person is taking parental responsibility. This entitlement applies in respect of children born/adopted on or after 15 December 1994.

18.8.2 The arrangements for taking parental leave and the timing of that leave shall be agreed between the officer and the chief constable but shall be no less favourable to the officer than as provided under the Maternity and Parental Leave Regulations 1999. Leave taken as parental leave will be reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service. An officer is entitled to buy back, for pension purposes, reckonable service in respect of any period taken as parental leave.

18.9 PATERNITY AND MATERNITY SUPPORT LEAVE
PATERNITY LEAVE POLICE REGULATIONS REGULATION 37

Entitlement

Regulation 37(1)

Definition of “maternity period”

Regulation 37(2)

Definition of “relevant part of maternity period”

Regulation 37(3)

Modifications for part-time service

Schedule 1: paragraph 13

Pay during

Regulation 46

Modifications for part-time service

Schedule 1: paragraph 11

18.9.1 The current provision in Regulation 37 for 2 days paternity leave is replaced by an entitlement to 5 days paid maternity support leave to an officer who is the child's father or the partner or the nominated carer of an expectant mother at or around the time of the birth. A nominated carer is the person nominated by the mother to assist in the care of the child and to provide support to the mother at or around the time of the birth. The leave entitlement for part-time or job sharing officers shall be calculated in the same way as their annual leave. Leave taken as maternity support leave will be reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service. This entitlement takes effect from 8 February 2001.

18.10 ADOPTION LEAVE

18.10.1 Paid adoption leave of 5 days shall be granted to the adoptive parents at or around the time of the adoption. The leave entitlement for part-time or job sharing officers shall be calculated in the same way as their annual leave. Leave taken as adoption leave will be reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service. This entitlement takes effect from 8 February 2001.

18.11 TIME OFF FOR DEPENDANTS

18.11.1 The time off for dependants' provisions in the Employment Relations Act 1999 applies to the police service. It is intended to cope with short-term difficulties, normally 1 or 2 days, and will be paid. Where this entitlement is insufficient forces are reminded of the compassionate leave arrangements as set out in Police Council Circular 9/75.

18.12 PNB CIRCULAR 86/10: UNPAID MATERNITY LEAVE - PENSIONABILITY

18.12.1 With effect from 27 February 1986, women police officers who return to duty from unpaid maternity leave should be able to count that leave as reckonable pensionable service, provided that the relevant employee pension contributions are paid within six months of the date of return to duty and they remain in the police service throughout that time.

19. UNIVERSITY SCHOLARS

19.1 POLICE REGULATIONS: REGULATION 38 AND SCHEDULE 5

Definition of “university scholar”

Schedule 5: paragraph 1(1)

Definition of “university course”

Schedule 5: paragraph 1(2)

Application of provisions relating to normal daily period of duty, overtime and leave

Schedule 5: paragraph 2

Pay during

Regulation 46

Modifications for part-time service

Schedule 1: paragraph 11

19.2 POLICE COUNCIL CIRCULAR 5/69 - UNIVERSITY SCHOLARS: PERFORMANCE OF ORDINARY POLICE DUTY

19.2.1 A member of a force to whom the agreement relates shall not be required to resume ordinary police duty during university vacations. The Committee in making this agreement has considered the question of the return of seconded members to their parent forces for ordinary duty during university vacations and has reached the conclusion that this is a matter best left to the good sense of all concerned. There can, of course, be no question of taking other employment during vacation periods, since the seconded members remain members of police forces and therefore subject to the restrictions which that status imposes.

19.2.2 They will also have entitlements to annual leave, according to their rank, of which advantage can be taken only outside university terms; and they will undoubtedly find it necessary to pursue their studies during vacation periods. At the same time they will probably welcome an opportunity of renewing contact with ordinary police duty at least once in each year of a secondment lasting as long as three years and it is the Committee's hope that every encouragement will be given to them to do so by their chief officers of police, so that they may be helped to maintain their sense of identification with the service.

19.2.3 In the event therefore the Committee, to remove any doubt on this score, has provided in the agreement that there shall be no obligation to perform ordinary duty during vacation periods, while intending that the performance of such duty on an occasional and entirely voluntary basis should be accepted as a normal feature of the arrangements now to be introduced.

19.2.4 The Committee has considered also whether these arrangements ought to include a requirement that on completion of his university course a member who has enjoyed the
advantages of the scheme should undertake to return to his force for a minimum period of years. It has recognised that there would be no legal means of enforcing such an undertaking. Moreover, the arrangements are intended to meet the wider needs of the service, rather than those of the seconding force alone. If therefore a member should wish to transfer to another force where a better opportunity might exist for the use of his university qualification and of the experience gained in achieving it, then in the Committee's opinion no obstacles ought to be placed in the way and in the longer term all police authorities and forces will profit from such a policy.

19.2.5 It may, however, still be argued that an undertaking should be given against leaving the police service itself to follow a fresh career. Here too the undertaking would have no more than a moral force and the Committee has concluded that to require it in formal terms would be inappropriate. At the same time it has confident that members of forces who are selected to attend university will have a strong sense of loyalty to the police service and that this is unlikely to be impaired by the advantages enjoyed during their secondment. The Committee is therefore content to express its belief that such members on their return from university will wish to pursue their original careers within the police service.

20. POLICE OFFICERS TRANSFERRING FROM THE BRITISH TRANSPORT POLICE TO HOME OFFICE FORCES

20.1 PNB CIRCULARS 98/6 (ADVISORY) AND 00/15 (ADVISORY)

20.1.1 At a meeting of the Police Negotiating Board held on 30 April 1998 it was agreed that periods of service of officers with the British Transport Police should on transfer to a Home Department Force count for pay and allowances purposes. PNB Circular 00/15 records agreement on an effective implementation date of 1 September 1994.

21. CAREER BREAK SCHEME - PNB CIRCULAR 00/16 (ADVISORY)


21.1 At a meeting of the Police Negotiating Board held on 19 October 2000 agreement was reached on the introduction of a national career break scheme set out in PNB Circular 00/16 (Advisory). The scheme took effect from 19 October 2000.

21.2 Any officer is eligible to apply for a career break provided s/he has successfully completed their probationary period. The decision is for the Chief Constable and the officer should be notified within 28 days. Where the application is rejected, the decision should be transparent and written reasons for the rejection should, at the same time, be provided. The officer should have the right to appeal to the Police Authority against the Chief Constable's decision.

21.3 Officers on a career break are not required to resign. The Chief Constable and the officer concerned must agree, before the start of the career break, the obligations and expectations on the officer and the force during the career break. This should include whether the officer should respond to incidents, the extent to which the restrictions under regulations 9 and 10 should apply the appropriateness of and arrangements for short-term returns and refresher training. Agreement should be reached in the light of individual circumstances.

21.4 Career break period, or periods, to be agreed between the officer and the Chief Constable, subject to a maximum of five years. The Chief Constable has the discretion to agree a longer total period in exceptional circumstances but this should not extend beyond compulsory retirement age.

21.5 Subject to the provisions below the officer will return to duty on the return date agreed between the officer and the chief officer. If an officer decides to return before the end of the agreed period of leave, s/he shall be permitted, subject to there being a suitable vacancy, to return to service with the same determined hours and work pattern within one month of giving notice of the wish to return. In any event the officer should return within three months of having given notice. An officer should not be required to return to duty from a career break before the agreed date without her/his consent.

21.6 The commencement, return dates and the objectives should be agreed with the Chief Constable and may be reviewed at any time during the career break by agreement between the Chief Constable and the officer. Where a Chief Constable has reasonable grounds for believing that the agreed objectives and timescales of a career break may not be achievable, s/he may require that the officer attends a review. As the result of such a review, the Chief Constable may require that an officer returns to duty, after a minimum notice period of one month, provided that if the Chief Constable is minded to require an officer to return to duty the Chief Constable will allow the officer to make appropriate representations before a final decision is reached by the Chief Constable.

21.7 Officers will not be paid during a career break and service will not count for the purposes of reckoning entitlement to pay and annual leave. Rank and pay point will be protected for the duration of the career break. Entitlement on return will be identical to that on commencement of a career break, subject to relevant changes in Regulations, PNB agreements or Home Office Circulars. Provision should be made for granting any remaining annual leave entitlement due to the officer before the commencement of the career break.

21.8 Replacement allowance will not be paid during absence on a career break but entitlement on return will be identical to that on commencement of the career break, subject to relevant changes in Regulations.

21.9 Before applying for a career break, an officer living in accommodation provided by the force should discuss with the Chief Constable his/her future in the property.

21.10 Service during career breaks is not pensionable but on return from the career break an officer may buy back service at the normal officer contribution rate. The buy back provision will also apply to officers currently on career breaks who will be able to buy back any period that accrues from 19 October 2000. Officers on a career break will have protected entitlement to all pension benefits at the point of commencement of the career break, including death benefits, enhanced ill-health pensions and injury benefits.

21.11 Officers who become pregnant while on a career break are entitled to the same maternity benefits as officers not taking a career break. An officer on a career break who becomes pregnant should give notice as soon as reasonably practicable after she becomes pregnant of the probable date of birth of her child. The provisions of the maternity scheme will then take effect and the career break will be suspended (unless the officer, in giving notice of her pregnancy confirms that she does not wish to enjoy the provisions of the maternity leave scheme). Resumption of the career break in due course should be subject to further agreement between the Chief Constable and the officer.

 

B1. RATES OF PAY

1.1 POLICE REGULATION: REGULATION 39(1)

Secretary of State to determine rates of pay.
Note: Increases to police pay from 1 September 2001 was set out in Home Office Circular 38/2001. The present rates are set out in Annex 1.

1.2 POLICE REGULATIONS: REGULATIONS 39, 42-45

Superintendents

 

- pay points

PNB Circular 01/13

Inspectors & chief inspectors

 

- pay points

PNB Circular 01/12

Sergeants

 

- pay points

PNB Circular 01/12

Constables

 

- pay points

PNB Circular 01/12

Transitional provisions for superintendents and chief superintendents

PNB Circulars 97/1

Chief officer ranks

 

- pay

PNB Circular 01/15

- population bands relevant

PNB Circular 01/15 and 97/2

Reckoning of:

 

- service in a higher rank

Regulation 39(2)

- service including service in HM forces

Regulation 39(2A)(a)

- service in a higher rank which ended with a reduction in rank

Regulation 39(2A)(b)

- periods where a temporary salary was paid

Regulation 39(2A)(c)

- unpaid leave

Regulation 39(2A)(d)

- part-time service

Regulation 39(2A)(e) ( see also paragraph 1.3.1 of Section B- amendment regulations are awaited)

Meaning of "continuous service"

Regulation 39(2A)(a)

Reckoning of service with:

 

- the RUC

Regulation 42

- MOD Police or Tilbury Police

Regulation 43

- an airport constabulary

Regulation 44

- an overseas police force

Regulation 45(2)

- British South Africa Police

Regulation 45(3)

- Guernsey Police, Jersey Police or Isle of Man Constabulary

Regulation 45(4)

During maternity leave

Regulation 46A

Modifications for part-time service

Schedule 1, paragraph 14 and 16A

1.3 ARRANGEMENTS FOR PART-TIME WORKERS - PARAGRAPHS 10, 12 AND 13 OF PNB CIRCULAR 98/12 (ADVISORY) AND ARRANGEMENTS FOR BACK PAY - PNB CIRCULAR 00/14 (ADVISORY)

1.3.1 An officer's entitlement to annual increments in pay and increases in annual leave shall remain unchanged by any period of part-time service. This provision shall be deemed to have taken effect from 1 July 1992. PNB Circular 00/14 (Advisory) allows officers who worked part-time to receive back pay arising from a recalculation of their incremental progression for any period of part-time service between 1 July 1992 and 1 September 1998.

1.3.2 The annual salary of an officer working part-time or job-sharing in the rank of inspector or chief inspector shall be calculated by reference to the annual salary of a full-time officer in the same rank applying a fraction agreed between the member and the chief officer.

1.3.3 The annual salary of all officers appointed to job-share shall be calculated at half the annual salary of an officer in the same rank serving full-time.

1.4 ARRANGEMENTS FOR PART-TIME WORKERS - PARAGRAPH 12 OF PNB CIRCULAR 98/13 (ADVISORY)

1.4.1 A part-time officer shall be paid an annual salary which is proportionate to that of a full-time officer pro-rata to scheduled working hours. For example an officer scheduled to work an average of 16 hours per week receives 40% of the annual salary of a full-time officer (16 divided by 40). Payment will be made on an hourly basis for officers in the ranks of constable or sergeant with one hour calculated by multiplying the annual salary by 6 over 12520. The annual salary of an officer working part-time in the rank of inspector or chief inspector shall be calculated by reference to the salary of a full-time officer in the same rank applying a fraction agreed between the member and the chief officer. For job-sharing officers annual salary will be half the pay of a full-time officer.

1.5 PNB CIRCULAR 94/16 (ADVISORY): FEDERATED RANKS' PAY

1.5.1 The agreements detailed in PNB Circulars 94/1, 2 and 7 (Advisory) committed the PNB to issue guidance on which salary point a constable should be appointed to on completion of initial training and the criteria for the award of increments to (chief) inspectors with above average responsibility. Committee C has now agreed a form of guidance and this is shown below, together with guidance on the position of sergeants who cover inspector posts.

1.5.2 Constables completing initial training: Chief constables shall inform potential recruits to the police service the salary to be paid at the end of the initial training period.

1.5.3 The Side Secretaries have agreed that it should be suggested to chief constables in England and Wales forces (other than the Metropolitan Police) that "completion of the initial training period" should be interpreted as following satisfactory completion of module seven of the Police Probationer Training Foundation Course, in effect generally between 30 and 32 weeks from entering the force; in respect of the Metropolitan Police and Scottish forces on satisfactory completion of 31 weeks of service; and in respect of the Royal Ulster Constabulary on satisfactory completion of the 26 week training period. However, it should be noted that home departments may issue further advice on this in due course.

1.5.4 Inspectors with above average responsibilities: Prior to appointing officers to the rank of chief inspector or transferring them to another chief inspector post, chief officers shall determine the role, responsibility and remuneration* attached to the post and inform the officer accordingly. When determining salary levels, chief officers should take full account of one or more of the following criteria:

  • whether as an integral part of their role, an officer supervises and/or undertakes the annual appraisal of other inspectors;

  • the number of police officers and civilians managed;

  • the range and level of contacts;

  • the complexity and importance of decision making;

  • budgetary responsibilities;

  • the exceptional policing difficulty of the area of responsibility.

* Provided that no chief inspector shall upon transfer receive a lower salary.

1.6 PNB CIRCULAR 88/18 (ADVISORY): PROMOTION INCREASE

1.6.1 PNB Circular 88/18(Advisory) rectified a pay anomaly which applied to constables promoted to sergeant. This will ensure that constables promoted to sergeant after more than 12 years service will receive a promotion increase. The agreement, reproduced at Annex 1, was incorporated into the Police (Amendment) Regulations 2001.

1.7 PNB CIRCULAR 97/1 (ADVISORY) - GUIDANCE ON SUPERINTENDING RANKS' PAY

1.7.1 PNB Circular 97/1(Advisory), which was issued on 8 January 1997, outlines the revised pay structure for superintending ranks. From the 1 September 1996 two pay ranges, range 1 and range 2, replace the four ranges set out in PNB Circular 95/12. The revised ranges and salary rates replace all previous arrangements with effect from midnight on 8 January 1997. Although the PNB agreement has been ratified by the Home Departments, the agreement has yet to be incorporated into regulations.

1.7.2 Applying the pay ranges to posts: In each force it is expected that the chief constable/commissioner will allocate a majority of posts to range 1. Other than in exceptional circumstances no newly promoted superintendent will be placed directly onto range 2. It will normally be expected that superintendents will gain experience in range 1 posts before being appointed to a range 2 post.

1.7.3 Prior to appointing officers to posts chief officers should determine the role and responsibility of the post and decide the appropriate pay range for that post. When determining pay ranges for posts, chief officers should take account of the criteria set out below. The criteria are not shown in any particular order or priority; their relative importance will vary according to the nature of the post under consideration:

  • level of officers supervised including whether post holder supervises officer of his/her own rank;

  • complexity and importance of decision making;

  • importance of post in a force and/or national context;

  • background, training and experience needed for the post;

  • serious crime levels and threat of public disorder;

  • number of police officers and/or civilian staff managed;

  • range and level of community contacts.

1.7.4 There should be discussion and consultation between chief officers and local branches of the Superintendents' Associations in the exercise of allocating posts to ranges. In applying the new ranges chief officers will have regard to the maintenance of operational efficiency and effective use of resources.

1.7.5 Temporary Holders of Posts: There will be occasions when a range 2 post holder is engaged on other duties which prevent him/her carrying out their normal duty and the post needs to be filled temporarily in his/her absence. In such circumstances a superintendent on range 1 who is required to undertake temporarily the full responsibilities of a post usually allocated to range 2 shall, after completing a qualifying continuous period of more than seven days, be paid the salary applying to range 2 for the days in excess of the continuous seven day period.

1.7.6 Central Service Posts: It will be necessary for all posts for superintendents on central service attachments to be allocated to a pay range. This will be a matter for the appropriate authorities to determine using the criteria in these guidelines. That determination should be informed by consultation and discussion with the relevant national Superintendents' Association.

1.7.7 Those officers of temporary chief superintendent rank on central service prior to 1 September 1994, and still on central service after that date shall, in common with those appointed onto central service from 1 September 1994, suffer no worsening in their pay when they return to their parent force.

1.7.8 Substantive superintendents in central service range 2 posts will retain their range 2 entitlement on return to their parent force.

1.7.9 Monitoring Arrangements: The Police Negotiating Board will monitor the application of the new pay ranges.

2. TEMPORARY SALARY (PAYABLE TO OFFICERS "ACTING UP")

2.1 POLICE REGULATIONS: REGULATION 40
Payment to:

- superintendents

Regulation 40(1) and (2)

- federated ranks

Regulation 40(3) [Note:amended by Regulation 3 of Police Amendment Regulations2001]

Loss of overtime entitlement on temporary salary

Regulation 40(3A)

Modifications:

 

- part-time service

Schedule 1, paragraph 15

- variable shift arrangements

Schedule 3, paragraph 7

2.2 HOME OFFICE CIRCULAR 133/1968: TEMPORARY DUTY ALLOWANCE

Note: The earlier arrangements for the payment of temporary duty allowance have since been replaced by the provisions relating to the payment of temporary salary. However, the principles set out in the Home Office circulars of 1968 and 1970 are still relevant. The qualifying period of 14 days for members of the federated ranks may be made up of consecutive or separated periods of actual days of "acting up" duties but no allowance is payable in respect of them.

2.3 HOME OFFICE CIRCULAR 1/1991

2.3.1 Regulation 40(4) provides that where officers below the rank of superintendent are covering a higher rank for a continuous period beginning immediately before 1 April (or, if 1 April is a scheduled rest day, the first scheduled working day thereafter) they should continue to receive temporary salary payments for that period and should not, on 1 April be put back on normal pay for the 14-day qualifying period referred to in Regulation 40(3). It should be noted that in relation to any subsequent period of cover, the days served under the amending regulations do not count towards the 14-day qualifying period. A further 14 days have to be served at the higher rank before temporary salary payments are made.

2.4 HOME OFFICE CIRCULAR 154/1970: TEMPORARY DUTY ALLOWANCE

2.4.1 The following guidelines may help in assessing eligibility for this allowance.

2.4.2 An officer would act in a higher rank only on the specific instructions (preferably in writing) of the chief constable or, under his delegated authority, of a senior officer of divisional or sub-divisional commander's status (unless exceptionally, for example in a sudden emergency, an officer might have to assume responsibility on his own initiative).

2.4.3 Acting duty would be authorised when clearly necessary and where the full range of duties of the higher rank might have to be performed by an officer qualified to perform them and when no replacement officer of the higher rank can be made available. Neither the short-term absence of an officer nor, although present, his/her diversion to other duties, automatically requires acting duty by a junior officer.

2.4.4 The need to replace in turn an officer authorised to act in the place of a senior officer would be considered on the merits of the case, with no automatic authorisation in ranks below. Only in very exceptional circumstances should it be necessary for an officer of the federated ranks to do acting duty in a rank more than one above his own but the Police Council agreement provides that in such cases there should not be a second qualifying period of acting duty. The Secretary of State is aware that there has been some misunderstanding on the score of eligibility for temporary duty allowance. The basic principle is that a chief officer will authorise its payment when in his or her judgement an officer is not available to perform their normal duties, those duties cannot await his return and the provision of a junior officer as substitute is clearly necessary.

2.5 PNB CIRCULAR 99/2 (ADVISORY) - REMUNERATION (A) IN SPECIFIC CIRCUMSTANCES FOR ASSISTANT CHIEF CONSTABLES (DESIGNATE) COVERING FOR A CHIEF CONSTABLE AND (B) FOR ASSISTANT CHIEF CONSTABLES NOMINATED AS THE DESIGNATED DEPUTY

2.5.1 Committee A has agreed that:

(a) An assistant chief constable (designated) who has:

  • covered a chief constable's post for a continuous period of six months, and

  • in the circumstances where the post has been vacant during the period due to retirement, death, resignation or suspension of the former post holder, shall be paid, with effective from the end of the six month period and until the cover ceases, at the rate of the former chief constable.

(b) It should be made clear that the provisions of the Police Act 1996, concerning the nomination of designated deputies, and the agreed pay structure for ACPO ranks detailed in PNB Circular 97/10 (Advisory), entitle an assistant chief constable nominated as the designated deputy to receive, with immediate effect, the remuneration appropriate to that rank i.e. 80% of the chief constable's basic salary.

2.5.2 As a consequence PNB Circular 93/9(Advisory), on compensation arrangements for assistant chief constables required to perform the duties of deputy chief constables, no longer applies.

2.6 PNB CIRCULAR 98/10 (ADVISORY) TEMPORARY SALARY: ARRANGEMENTS FOR CHIEF INSPECTORS ACTING UP IN SUPERINTENDENTS' POSTS

2.6.1 Regulation 40 of the Police Regulations 1995 provides for temporary salary payments but does not take account of the new pay ranges for superintendents introduced in 1996 and detailed in PNB Circular 97/1 (Advisory). The following agreement reached in PNB provides further guidance on this matter to chief constables:

i. Chief inspectors, after acting up in a superintendent's post for 14 complete days in any year, should be remunerated to reflect the increase in operational responsibility and paid for each further day in the post at pay point 1 on the Superintendent Range 1 scale, as currently provided for in Police Regulations.

ii. After two consecutive months performing the duties of the higher rank, chief constables should temporarily promote the chief inspector to the higher rank, thus entitling the chief inspector to be remunerated according to the appropriate point of the pay range relevant to the post occupied by him/her on temporary promotion.

2.7 PNB CIRCULAR 94/16 (ADVISORY) TEMPORARY SALARY: SERGEANTS WHO COVER INSPECTOR POSTS

2.7.1 A sergeant covering an inspector's post under Regulation 40(3) shall, for the first 14 days of this period, continue to be paid as a sergeant and where required to work overtime or on rest days or public holidays shall continue to be eligible for rest day, public holiday and overtime enhancements. The rate of pay of sergeants in the Royal Ulster Constabulary in receipt of temporary salary shall be enhanced by the relevant proportion of the non-pensionable supplement payable to inspector ranks in the RUC.

2.8 PNB CIRCULAR 95/7 (ADVISORY): OVERTIME, REST DAY AND PUBLIC HOLIDAY WORKING FOR SERGEANTS ACTING AS INSPECTORS

2.8.1 A sergeant who has acted up in the inspector rank for 14 days and is thereafter required to act up in order to perform the duties of an inspector for a complete day, including any part of a rostered rest day with less than 15 days' notice or any part of a public holiday, should be compensated for performing duty on that rostered rest day or public holiday according to the provisions which apply to sergeants in respect of public holidays and rest days for ranks below inspector Regulation 29. The provisions concerning temporary salary, Regulation 40, will apply so that no temporary salary will be payable in respect of any duty performed on a rest day when less than 15 days' notice is given or a public holiday. There will be no entitlement to an allowance or time off in lieu under the provisions for overtime, Regulation 28, in respect of such duty when required to be performed for more than eight hours in any one force day. For the avoidance of doubt, this agreement shall:

  • not affect, unless expressly stated above, the existing entitlements of sergeants acting up in the rank of inspector to temporary salary; and

  • not affect the existing entitlement of a sergeant acting up in the rank of inspector to be granted a day's leave on being required to do duty on a public holiday with less than eight days notice or a rostered rest day with more than 14 days notice.

2.8.2 This agreement applies to sergeants acting up as an inspector. It does not apply to sergeants who are temporarily promoted to the rank of inspector who shall at all times during a period of temporary promotion be paid solely in accordance with the provisions that apply to the rank of inspector.

2.9 PNB CIRCULAR 98/12 (ADVISORY), PARAGRAPHS 14: ARRANGEMENTS FOR PART-TIME WORKERS

2.9.1 An officer working part-time or job-sharing shall be required to perform the equivalent of the 14-day qualifying period for payment of temporary salary by completing full shifts totalling 112 hours, and having completed the 112 hour qualifying period shall be eligible for temporary salary payment in respect of complete rostered shifts in the higher rank post.

 

3. LONDON WEIGHTING

3.1 POLICE REGULATIONS: REGULATION 41 AND SCHEDULE 5 (PARAGRAPH 3) MODIFICATIONS FOR PART-TIME SERVICE: SCHEDULE 1, PARAGRAPH 16

Notes: 1. The present rate is set out in Annex 2.
2. For university scholars see paragraph 7 below.

4. DEDUCTIONS FROM PAY

4.1 POLICE REGULATIONS: REGULATIONS 39(4) AND 47 AND SCHEDULE 7

Deduction of social security benefits and statutory sick pay

Regulation 47

Effects of disciplinary action on pay and allowances

Regulation 39(4)

Treatment of officers suspended under the Discipline Regulations

Schedule 7

Officers in custody following conviction by a court or absent from duty and whereabouts are unknown

Schedule 7: paras 1(1) and 1(2)

In other circumstances

Schedule 7: paragraph 2

Treatment of officers on return to duty after suspension

Schedule 7: paragraph 3

Payment of fines imposed under the Discipline

Regulations Schedule 7: paragraph 4

Modifications for part-time service

Schedule 1: paragraph 24

5. CALCULATION OF MONTHLY, WEEKLY AND DAILY PAY

5.1 POLICE REGULATIONS: REGULATION 48

6. INTERVALS OF PAY

6.1 POLICE REGULATIONS: REGULATION 49

6.2 POLICE COUNCIL CIRCULAR 2/69
6.2.1 Regulation 49(2) requires the police authority to have regard to the wishes of members of their force in the fixing of pay intervals.

6.2.2 While the regulation could be interpreted conclusively only by the courts, in the absence of such a ruling the two Sides of the PNB consider that it does not oblige a police authority, in fixing intervals of pay, to have regard to the wishes of the members of their force to the exclusion of all other considerations - although it clearly places a particular emphasis on the members' wishes and requires adequate consultation so that they may be ascertained. At the same time, reasonable economy in public expenditure and administrative convenience is not to be ignored. It is not the purpose of the regulation to divert attention from these factors, but rather to ensure that the interests of the members of the force are also taken fully into account.

6.2.3 The two Sides of the PNB consider that, where certain pay intervals are desired by a majority of the members of a force, a police authority which for no sufficient reason adopted different intervals in respect of those members would be acting against the intention of the regulation. On the other hand, where there is an evident balance of considerations and the police authority has carefully weighed the wishes of the members in reaching its decision, it would be unreasonable to say that the authority had not acted as the regulation requires, even though its eventual decision did not accord with the members' wishes. In the latter case, however, it would seem necessary for the authority to explain to the members why their wishes had been set aside and to introduce the new pay arrangements in such a way that personal hardship was avoided.

6.2.4 In practice, however, such a situation is likely to be quite exceptional, since experience shows that members of forces have been very ready to co-operate in transferring to arrangements which are more convenient and less costly for their police authorities and, indeed, that they have taken the initiative in effecting such changes.

7. UNIVERSITY SCHOLARS

7.1 POLICE REGULATIONS: REGULATIONS 38 & 39 AND SCHEDULE 5
Pay Regulation 39(5)

London weighting Schedule 5: paragraph 3
Modification for part-time service Schedule 1 paragraph 23

Note: Officers joining on or after 1 September 1994 no longer have an entitlement to accommodation free of rent or a housing allowance. The arrangements for officers in service at 31 August 1994 are detailed in Schedule 12, part II of the latest Police Regulations and more detail is given in Section 1 below. The remaining text in this section refers to those regulations and arrangements in place before 1 September 1994 which may still apply in some instances.

C1. HOUSING PAYMENTS FOR OFFICERS IN SERVICE AT 31 AUGUST 1994

1.1 POLICE (AMENDMENT) REGULATIONS 2000 SCHEDULE 13

Interpretation

Paragraph 1

Qualifying member

 

- previously provided with accommodation

Paragraph 2

- with housing emoluments

Paragraph 3

Rejoining member

 

- previously provided with accommodation

Paragraph 4

- previously in receipt of housing payments

Paragraph 5

Members provided with house or quarters

Paragraph 6

Variation and termination of replacement allowances


Paragraph 7

1.2 POLICE REGULATIONS 1987 (REVOKED): REGULATION 49 AS AMENDED

Eligibility for:

 

- housing allowance

Regulation 49(1)

- standard-rate housing allowance

Regulation 49(2)

- discretionary standard-rate housing allowance

Regulation 49(2)(c)

Circumstances in which standard-rate housing allowance is not payable

Regulation 49(3)

Calculation of standard-rate housing allowance for:

 

- federated ranks

Regulation 49(5) & (6)

- superintendents

Regulation 49(7) & (6)

- ACCs and equivalent London ranks

Regulation 49(8) & (6)

- chief constables and equivalent London ranks

Regulation 49(9) & (6)

Half-rate housing allowance:

 

- eligibility

Regulation 49(2)

- calculation for all ranks

Regulation 49(10)

Eligibility for additional housing allowance

Regulation 49(11)(11A) and (12)

1.3 HOME OFFICE CIRCULAR 24/1990 (PARAGRAPHS 3-21) AND HOME OFFICE CIRCULAR 65/92

1.3.1 Police Regulations 1987 Regulation 49(1) as amended provides that, subject to three provisos, and unless there is an entitlement to transitional rent allowance under Regulation 49B, every police officer who is not provided with rent-free accommodation must be paid a housing allowance, at either standard-rate or half-rate. The provisos are as follows:

  • there may be an entitlement to a supplementary allowance under Regulation 50 as amended, even though the officer is living in provided quarters;

  • an officer is not entitled to a housing allowance if he is on unpaid leave;

  • an officer may not receive the allowance if he or she is living in accommodation provided free of rent to another member of a police force.

1.3.2 It should, however, be noted, in relation to Regulation 49(1)(c) as amended, that an exception is made for an officer who resided on 31 March 1990 in accommodation provided to another member of a police force. He or she will continue to be entitled to his or her old rate of rent allowance under Regulations 49 or 49B as amended.

1.3.3 Police Regulations 1987, Regulation 49(2)(a) to (c) as amended specifies the circumstances in which, subject to paragraph (3), a standard-rate housing allowance is payable. These are the same as those for the payment of a maximum limit rent allowance under the former Regulation 49(2) as amended. Married officers are entitled to a standard-rate allowance provided their spouse is not a police officer or is a police officer on unpaid leave. Unmarried officers, or officers separated from their spouse, must be 30 years of age or more and have served for 5 years, as well as occupying as owner or tenant the accommodation in which they live. Sub-paragraph (c) repeats the former discretion of a police authority to pay a standard-rate allowance to other officers in certain specified circumstances. Regulation 49(2) as amended further provides for a half-rate allowance to be paid in all other cases.

1.3.4 Police Regulations 1987, Regulation 49(3) as amended specifies certain exceptions to the criteria for payment of standard-rate housing allowance set out in Regulation 49(2) as amended. First, only half-rate allowance is payable to an officer who does not own the accommodation in which he lives and does not make any payment for it by way of rent or mortgage interest. Second, unlike the former maximum limit rent allowance, a standard-rate housing allowance is not payable when two police officers - e.g. a father and a son - reside in the same accommodation. (However, an officer in these circumstances who was receiving a maximum limit rent allowance on 31 March 1990 will continue to receive the same amount as a transitional rent allowance, by virtue of Regulation 49B(1) as amended.) The term "resides" indicates a degree of permanence: the provision is not intended to preclude an officer from putting another officer up for a few days or weeks.

1.3.5 Calculation of new housing allowance: Police Regulations 1987, Regulation 49(4) as amended provides for different levels of standard-rate housing allowance to be fixed for different ranks, as prescribed in paragraphs (5)-(9).

1.3.6 Police Regulations 1987, Regulations 49(7)-(9) as amended provide that, for superintendents and above, the standard-rate housing allowance is to be the following percentage of the standard-rate for members of the federated ranks:

Superintendents

116%

ACCs, and equivalent London ranks

135%

Chief constables and equivalent London ranks

156%

1.3.7 Police Regulations 1987, Regulation 49(10) as amended provides that the half-rate housing allowance is to be half the standard-rate housing allowance for the rank concerned.

1.3.8 Additions to housing allowance: Police Regulation 1987, Regulation 49(11) as amended provides for the payment of additional housing allowance, at the discretion of the police authority, to divorced officers or to married officers who are separated from their spouse, if they regularly make periodic payments to or for the benefit of their spouse or former spouse.

1.3.9 In these circumstances if the officer works part-time Regulation 49 (11A) as amended reduces the amount paid to or for the benefit of the spouse or former spouse (end of 49(11) as
amended) pro rata to hours worked. Special provision is needed because this amount, unlike the "amount by which his former allowance exceeds his present allowance" which appears just before it, is not expressed as or by reference to an allowance and is not therefore already reduced by virtue of 48A as amended.

1.4 DEFINITIONS

1.4.1 Police Regulations 1987, Regulation 49(12) as amended provides definitions for certain expressions used in Regulation 49 as amended. These are self-explanatory. It should, however, be noted that the definitions of 'rent allowance' and 'rates' in Regulation 49 as amended, as originally enacted were as follows:
'Rent allowance' shall be either a maximum limit allowance or a flat-rate allowance.

'Rates' includes -

(i) any general rate within the meaning of the General Rate Act 1967 and in addition any rate mentioned in paragraphs 9(a), (b) and (c) of the definition of 'excepted rate' in section 115(1) of that Act (drainage, tithe, common and other rates of a similar character);

(ii) any rate or charge for a supply of water for domestic purposes; and

(iii) the reasonable costs of emptying a cess pit where the premises do not have mains drainage.

1.4.2 The consequence of the definition of rates is important for the calculation of the allowance since it means that the requirements in Regulation 49(5) as amended to subtract such part of rent allowance as would be attributable to amounts payable in rates includes a requirement to subtract amounts attributable to water rates or charges under paragraph 1.4.1(ii) and (iii) above as well as domestic rates under (i).

2. TRANSITIONAL RENT ALLOWANCE FOR OFFICERS IN SERVICE AT 31 AUGUST 1994

2.1 POLICE REGULATIONS 1987 (REVOKED): REGULATIONS 49B AND 49C AS AMENDED

Eligibility for:

 

- transitional rent allowance

Regulation 49B(1) & (2)

- transitional supplementary rent allowance

Regulation 49B(3)

Definition of "the relevant period" for payment

Regulation 49B(4)

Payment of half-rate transitional rent allowance due to a change in an officer's personal circumstances

Regulation 49B(5)

Arrangements for:

 

- police officers married to women police officers while the wife is on unpaid maternity leave

Regulation 49B(5A)

- officers entitled to transitional rent allowance on transfer to another force

Regulation 49B(6)

- officers who were entitled to transitional rent allowance in Scotland or Northern Ireland, on transfer to a force in England and Wales

Regulation 49B(7)

- members of Regional Crime Squads or motorway patrol groups who are entitled to transitional rent allowance, on return to their own forces

Regulation 49B(8)

Calculation of transitional rent allowance for officers in forces whose maximum limits of rent allowance would have been due for review in 1990

Regulation 49B(8A)

Arrangements for officers who on 31 March 1990 were:

 

- on central service or overseas service

Regulation 49C(1 - 3)

- on unpaid leave

Regulation 49C(1, 2, 4)

- as a result of a transfer, occupying provided accommodation pending the acquisition of a new home

Regulation 49C(1, 2, 5)

2.2 HOME OFFICE CIRCULAR 24/1990 (PARAGRAPHS 23-48) AND HOME OFFICE CIRCULAR 72/1990 (PARAGRAPH 6)

2.2.1 Transitional rent allowance: Police Regulations 1987, Regulation 49B(2) as amended provides that (subject to the following provisions of the regulation), such officers are entitled to be paid, for any part of the relevant period (as defined in Regulation 49B(4) as amended) when they would be eligible to receive a housing allowance, a transitional rent allowance instead. The transitional rent allowance is the annual rent allowance to which they were entitled on 31 March 1990. (Regulation 49D as amended also provides for them to retain, for a similar period, their entitlement to compensatory grant.)

2.2.2 Police Regulations 1987, Regulation 49B(3) as amended provides that, where an officer was in receipt of a supplementary rent allowance on 31 March 1990, he will continue to receive a transitional supplementary rent allowance at the same annual rate for any part of the relevant period (as defined in Regulation 49B(4) as amended) when he would otherwise be eligible to receive a supplementary housing allowance.

2.2.3 Police Regulations 1987, Regulation 49B(4) as amended defines the "relevant period" for the purposes of Regulations 49B(2) and (3) and provides that an officer who rejoins, after having left the police service, is no longer entitled to benefit from the transitional rent allowance arrangements.

2.2.4 The relevant period begins on 1 April 1990. It ends on the day before the value of the housing allowance (plus, if applicable, supplementary housing allowance) overtakes the value of the officer's transitional rent allowance (plus, if applicable, supplementary transitional rent allowance or, if applicable, supplementary housing allowance) plus compensatory grant paid after 1 April 1990 in respect of the financial year ending on 5 April 1990.

2.2.5 It should be noted that an officer who on 1 April is entitled to transitional rent allowance may after that date become entitled to a supplementary housing allowance. Where this happens, the relevant period does not end until the value of housing allowance plus supplementary housing allowance is equal to or greater than the value of transitional rent allowance plus (the same) supplementary housing allowance - i.e. the officer does not move on to the housing allowance system simply because his housing allowance entitlement would, if added to his supplementary housing allowance, exceed his transitional rent allowance.

2.2.6 The reference to compensatory grant in Regulation 49B(4) as amended is to the compensatory grant paid in the financial years 1990-91 and 1991-92 on rent allowance received for the financial year 1989-90. It is possible for the housing allowance to catch up the amount an officer is actually receiving by way of transitional rent allowance and compensatory grant before the end of the relevant period. If this happens, an officer is free to move to the housing allowance in lieu, since he or she may not wish to take up their entitlement under Regulation 49B(2) as amended.

2.2.7 Police Regulations 1987, Regulation 49B(5) as amended provides for the case of an officer who was receiving a maximum limit rent allowance on 31 March 1990 but whose circumstances later changed to those in which only a half-rate housing allowance would be appropriate. In such a case the officer is entitled, instead of moving to the half-rate housing allowance, to a transitional rent allowance of half the amount of rent allowance which was payable to him on 31 March 1990.

2.2.8 There is no corresponding provision for officers in receipt of a flat-rate rent allowance on 31 March 1990 who later become eligible for a standard-rate housing allowance. They will therefore continue to receive transitional rent allowance at the flat-rate which applied on 31 March 1990 unless the standard-rate housing allowance is larger than the flat-rate allowance plus its associated compensatory grant.

2.2.9 Police Regulations 1987, Regulation 49B(5A) as amended provides that where a police officer in receipt of transitional rent allowance is married to a woman police officer who takes unpaid maternity leave, he will receive an enhanced allowance during her period of leave. This is regardless of whether the marriage took place before or after 1 April 1990. The enhanced allowance is to be at the rate of the maximum limit allowance which would have been payable to him on 31 March 1990.

2.2.10 Transfers to other forces: Police Regulations 1987, Regulation 49B(6) as amended provides that, where an officer with a transitional rent allowance moves to another force, he or she shall be treated as though the transitional rent allowance entitlement was the maximum limit of rent allowance (or, as appropriate, the flat-rate rent allowance) on 31 March 1990 for that rank in the force to which he or she has transferred. It is important to note here that, in order to encourage transfers between forces, particularly at the most senior levels, an officer who transfers forces on promotion is entitled to the rates of rent allowance applying in the new force on 31 March 1990 to the rank to which he or she has been promoted. Promotions within forces, however, do not affect transitional rent allowance, which therefore remains at its 31 March 1990 level.

2.2.11 Police Regulations 1987, Regulation 49B(7) as amended provides that, where an officer with a transitional rent allowance moves from a force in Scotland or Northern Ireland to a force in England and Wales, he or she is to be treated as though the provisions of Regulation 49B(6) as amended applied to him.

2.2.12 Special cases: Police Regulations 1987, Regulation 49C(1) as amended provides for the payment of transitional rent allowances at the appropriate time for officers who on 31 March 1990 are -

  • on central service or serving overseas; or

  • on unpaid leave; or

  • occupying provided accommodation after moving house, pending the acquisition of a new home, as a result of a transfer within the force at the request of the chief officer or following transfer to a new force; or

  • occupying provided accommodation, having been required, on joining a regional crime squad or motorway patrol group, to move from accommodation in respect of which a rent allowance was payable provided that the requirements of Regulation 49C(2) are met.

2.2.13 Police Regulations 1987, Regulation 49C(2) as amended provides that such officers are eligible for a transitional rent allowance if -

  • they were in receipt of a rent allowance immediately before taking up the appointment on central service or overseas, going on unpaid leave or moving home; and

  • the rent allowance (and, where appropriate, supplementary rent allowance) which would otherwise have been payable on 31 March 1990 would have been greater than the housing allowance to which he would be entitled after that date.

2.2.14 Modifications of Police Regulations 1987, Regulation 49B as amended for officers on central or overseas service: Police Regulations 1987, Regulation 49C(3) as amended modifies the provisions relating to transitional rent allowance set out in Regulation 49B as amended so as to fit the circumstances of officers on central or overseas service on 31 March 1990 who later return to their forces. The modifications are as follows.

  • Police Regulations 1987, Regulation 49C(3)(a) as amended provides that, instead of the transitional rent allowances being at the rate of rent allowance which applied on 31 March 1990, the transitional rent allowance is to be at the annual rate which would have applied on that date had the officer concerned been (instead of on central or overseas services) still serving in his force and living in the accommodation which he occupied before taking up his central or overseas service appointment. A similar modification is made to Regulation 49B(3) as amended in respect of supplementary transitional rent allowance.

  • Police Regulations 1987, Regulation 49C(3)(b) as amended provides for paragraph (3) of Regulation 49B as amended to be modified so as to entitle an officer returning from central or overseas service to supplementary transitional rent allowance if he would have been entitled to supplementary rent allowance on 31 March 1990 had he or she still been in his or her force on that date, occupying the accommodation in which they were living immediately before their central or overseas service appointment. (No similar modification is needed for transitional rent allowance itself.)

  • Police Regulations 1987, Regulation 49C(3)(e) as amended modifies, for the same officers, the provision in Regulation 49B which deals with the change in circumstances whereby an officer entitled to transitional rent allowance from 1 April may find his entitlement reduced by a half. The effect is to replace references to the actual rate of allowance on 31 March 1990 by references to what the officer would have been entitled to had he been in his own force, not on central or overseas service, on 31 March 1990. And it is half of that which he or she gets if subsequently, owing to a change in personal circumstances, he or she becomes eligible only for a half-rate housing allowance.

  • Modifications of Police Regulations 1987, Regulation 49B as amended for officers in provided accommodation pending a move of house and for certain officers in regional crime squads or motorway patrol groups.

  • Police Regulations 1987, Regulation 49C(5) as amended modifies the provisions relating to transitional rent allowance set out in Regulation 49B as amended so as to fit the circumstances of those officers described in Regulation 49C(1)(c) and (d) as amended. In each case the modifications provide, along the lines of the corresponding provisions for officers on central or overseas service or on unpaid leave, for the officers to be treated as though they were in their former houses on 31 March 1990.

2.2.15 There is, however, no parallel for these officers to the provision at Regulation 49C(3)(d) as amended for officers on central or overseas service. The effect is as described for officers on unpaid leave.

3. SUPPLEMENTARY HOUSING ALLOWANCE FOR OFFICERS IN SERVICE AT 31 AUGUST 1994

3.1 POLICE REGULATIONS 1987 (REVOKED): REGULATION 50 AS AMENDED

Eligibility

Regulation 50(1)

Calculation of housing allowance for officers in receipt

Regulation 50(2)

Calculation

Regulation 50(3)

Reduction or withdrawal

Regulation 50(4)

3.2 HOME OFFICE CIRCULAR 65/92

3.2.1 The amendment to Regulation 50(3) as amended ensures that a part-time member who qualifies for supplementary housing allowance is paid this allowance at the same rate as a full-timer and the allowance is not reduced pro rata to hours worked.

3.3 POLICE COUNCIL CIRCULAR 1/67

3.3.1 The agreement set out in Police Council Circular 1/67 was revised by amendment to Regulation 50(1) of the Police Regulations 1987 to allow members of forces, who for reasons of police duty are temporarily unable to remain in their normal places of residence, to continue to receive any rent allowance in respect of those places and to qualify for a supplementary rent allowance, unless provided with board and lodging free of charge. The agreement was expressly designed to facilitate the secondment of members, who have established their own homes, in order that they may attend residential training establishments either as students or instructors; or in order that they may undertake other duties outside the area of their parent force or, if within that area, at a place too remote from their homes to allow them to remain in normal residence during the period of their secondment.

4. TRANSITIONAL SUPPLEMENTARY RENT ALLOWANCE FOR OFFICERS IN SERVICE ON 31 AUGUST 1994

4.1 POLICE REGULATIONS 1987 (REVOKED): REGULATION 49B AS AMENDED

Eligibility

Regulation 49B(3)

Calculation

Regulation 49B(3)

Calculation for officers in forces whose maximum limits of rent allowance would have been due for review in 1990

Regulation 49B(8A)

4.2 HOME OFFICE CIRCULAR 24/1990

4.2.1 Police Regulations 1987, Regulation 49B(3) as amended provides that, an officer in receipt of a supplementary rent allowance on 31 March 1990, will continue to receive a transitional supplementary rent allowance at the same annual rate for any part of the relevant period (as defined in Regulation 49B(4) as amended) when he or she would otherwise be eligible to receive a supplementary housing allowance.

4.2.2 Police Regulations 1987, Regulation 49B(4) as amended defines the "relevant period" for the purposes of Regulations 49B(2) and (3) as amended. The relevant period begins on 1 April 1990. It ends on the day before the value of the housing allowance (plus, if applicable, supplementary housing allowance) overtakes the value of the officer's transitional rent allowance (plus, if applicable, transitional supplementary rent allowance or, if applicable, supplementary housing allowance) plus compensatory grant paid after 1 April 1990 in respect of the financial year ending on 5 April 1990.

4.3 HOME OFFICE CIRCULAR 48/1990: UPRATING OF "RED CIRCLING" FOR MEMBERS OF FORCES WHOSE MAXIMUM LIMITS OF RENT ALLOWANCE WERE LAST REVIEWED IN 1988

4.3.1 The reference in paragraph (8A)(a) of Regulation 49B of the Police Regulations 1987 as amended to paragraph (2) ensures that the officer remains entitled to transitional rent allowance for as long as his 31 March 1990 level of rent allowance, as updated by paragraph (8A), remains ahead of the housing allowance. The reference to paragraph (3) makes analogous provision for transitional supplementary rent allowance where the supplementary rent allowance was paid under Regulation 50(3)(b) as amended (which provides for a weekly sum to be paid in excess of flat rate rent allowance - only the latter is uprated under the new paragraph (8A)).

5. PROVIDED ACCOMMODATION, HOUSING ALLOWANCE AND TRANSITIONAL RENT ALLOWANCE FOR PART-TIME AND JOB-SHARE OFFICERS IN SERVICE AT 31 AUGUST 1994 WHO REMAIN ELIGIBLE FOR PAYMENT

5.1 PNB CIRCULAR 98/12 (ADVISORY)

5.1.1 Pro-rata housing payments shall be made to officers on part-time service or in job-share appointments who qualify for such payments.

5.2 PNB CIRCULAR 98/13 (ADVISORY)

5.2.1 A part-time or job-sharing officer who prior to commencing part-time service was provided with accommodation may continue to reside in such accommodation if his or her Chief Constable consider that is "conducive to meeting the operational needs of the force".

5.2.2 Housing allowance and transitional rent allowance where applicable will be paid to constables and sergeants on a pro-rata basis proportionate to the hours normally worked by a full-time officer. Officers working on a part-time basis in the ranks of inspector and chief inspector will be paid housing allowance and transitional rent allowance on a pro-rata basis proportionate to the fraction agreed between the member and chief officer for pay purposes. Housing allowance or transitional rent allowance payments for officers on job-share appointments, where applicable, will be half that payable to a full-time officer.

 

6. HOUSING ALLOWANCE, TRANSITIONAL RENT ALLOWANCE AND SUPPLEMENTARY HOUSING ALLOWANCE FOR MEMBERS OF REGIONAL CRIME SQUADS AND MOTORWAY PATROL GROUPS IN SERVICE ON 31 AUGUST 1994

6.1 POLICE REGULATIONS 1987 (REVOKED): REGULATIONS 49B, 49C, 51 AS AMENDED

Calculation of housing allowance for officers who have moved home on joining a Regional Crime Squad or motorway patrol group

Regulation 51(2)

Entitlement to supplementary housing allowance

Regulation 51(3)

Transitional rent allowance arrangements for members:

 

- entitled to transitional rent allowance, on return to their own forces

Regulation 49B(8)

- occupying provided accommodation on 31 March 1990 because of moving home on assignment to such duties

Regulation 49C(1, 2, 5)

- whose home force, or the force in whose area they were serving on 31 March 1990, was a force whose maximum

Regulation 49B(8A) limits of rent allowance would have been due for review in 1990.

   

6.2 HOME OFFICE CIRCULAR 24/1990: TRANSITIONAL RENT ALLOWANCE

6.2.1 Police Regulations 1987, Regulation 49B(8) as amended covers the case of officers who are members of a regional crime squad or a motorway patrol group on 31 March 1990 and, because of that, are receiving on that date a lower rent allowance than they would have received if they had stayed with their home forces. Their transitional rent allowance when they return to their force is to be the amount which they would have received on 31 March 1990 if they had been living in the home which they occupied before joining the regional crime squad or the motorway patrol group. (Where the rent allowance which they are receiving on 31 March 1990 as members of a regional crime squad or a motorway patrol group is higher than they would have received if they had stayed with their home force, they retain, by virtue of Regulation 49B(1) as amended, the higher amount as their transitional rent allowance when they return to their home force.)

6.2.2 Police Regulations 1987, Regulation 49C(1) as amended provides for the payment of transitional rent allowance at the appropriate time for officers who on 31 March 1990 are occupying provided accommodation, having been required, on joining a regional crime squad or motorway patrol group, to move from accommodation in respect of which a rent allowance was payable provided that the requirements of Regulation 49C(2) as amended are met.

6.2.3 Police Regulations 1987, Regulation 49C(2) as amended provides that such officers are eligible for a transitional rent allowance if they were in receipt of a rent allowance immediately before moving home; and the rent allowance (and, where appropriate, supplementary rent allowance) which would otherwise have been payable on 31 March 1990 would have been greater than the housing allowance to which he would be entitled after that date.

6.2.4 Police Regulations 1987, Regulation 49C(5) as amended modifies the provisions relating to transitional rent allowance set out in Regulation 49B so as to fit the circumstances of those officers described in Regulation 49C(1)(d) as amended. The modifications provide, along the lines of the corresponding provisions for officers on central or overseas service or on unpaid leave, for the officers to be treated as though they were in their former houses on 31 March 1990.

6.2.5 There is, however, no parallel for these officers to the provision at Regulation 49C(3)(d) as amended for officers on central or overseas service. The effect of this is that only the actual compensatory grant, if any, paid in respect of rent allowance paid before 5 April 1990 should be counted for the purposes of Regulations 49B(4)(b) and 49D(2)(b) as amended. Compensatory grant on the transitional rent allowance (and supplementary transitional rent allowance, if applicable) will, however, be payable for the relevant period as defined in Regulation 49B(4) as amended.

7. HOUSING ALLOWANCE, TRANSITIONAL RENT ALLOWANCE AND SUPPLEMENTARY HOUSING ALLOWANCE FOR UNIVERSITY SCHOLARS IN SERVICE ON 31 AUGUST 1994

7.1 POLICE REGULATIONS 1987 (REVOKED): SCHEDULE 4 AS AMENDED

Housing Allowance and transitional rent allowance Schedule 4: paragraph 4(1)
Supplementary housing allowance Schedule 4: paragraph 4(2)

 

8. COMPENSATORY GRANT FOR OFFICERS IN SERVICE ON 31 AUGUST 1994

8.1 POLICE REGULATIONS 1987 (REVOKED): REGULATIONS 49D & 52 AS AMENDED

Eligibility

Regulation 49D(1) & 52(1)

Ending of entitlement

Regulation 49D(1) & (2)(c)

In respect of rent allowance paid before 5 April 1990

Regulation 49D(2)(b)

Calculation

Regulation 52(2)

Payment by instalments

Regulation 52(3)

Calculation in a year when an officer dies or leaves the police

Regulation 52(4)

Further payment in a year when an officer dies or leaves the police

Regulation 52(4, 5)

D1. RESTRICTIONS ON PAYMENT OF ALLOWANCES

1.1 POLICE REGULATIONS: REGULATION 50(1)
No allowances to be paid unless provided for in
Police Regulations or approved by Secretary of State Regulation 50(1)

1.2 PNB CIRCULAR 98/12 (ADVISORY) PARAGRAPH 15: ARRANGEMENTS FOR PART-TIME WORKERS

1.2.1 Officers on part-time service or in job-share appointments shall receive in full all elements of the removal allowance and the lump sum element of the motor vehicle allowance. Officers on part-time service or in job-share appointments shall receive plain clothes allowance calculated on a pro-rata basis in accordance with current regulations.

Note: The Secretary of State has approved the payment by all forces of the allowances mentioned in paragraphs 2 to 5 below. Allowances which he has approved for payment by individual forces (e.g. allowances for members of tactical firearms teams) are not listed here.

2. GRATUITY FOR SEARCHING OR FINGERPRINTING A DEAD BODY

2.1 HOME OFFICE CIRCULAR LETTER OF 29 FEBRUARY 1972

2.1.1 For some years it has been the practice in the Metropolitan Police to pay a gratuity to officers required to search and fingerprint bodies in an advanced state of decomposition to help in their identification. Originally these gratuities were introduced as compensation to Thames Division officers who had to search putrid bodies recovered from the river after prolonged immersion. They have also been paid on two occasions on an ad hoc basis for a slightly different task, the searching and identification of corpses badly burned and mutilated in air crashes. The Police Council has recently recommended that other police authorities be empowered to adopt the Metropolitan Police practice and the Secretary of State is in agreement.

2.1.2 In the two cases of multiple deaths, a special rate of gratuity was assessed by the Secretary of State as police authority. Chief officers of police should decide whether the circumstances of an incident warrant a recommendation to the police authority that a gratuity be paid.

2.2 PNB CIRCULAR 86/3

2.2.1 PNB have been reviewing the application of the above gratuity and have decided to give the following advice:

  • it was originally introduced to recognise the exceptionally unpleasant task of searching or fingerprinting badly decomposed bodies;

  • the purpose of the gratuity remains to recognise exceptionally unpleasant experience in searching or fingerprinting dead bodies. In particular, it is appropriate to pay the gratuity where the dead body in question is mutilated (for example, after a bad accident), decomposed or extensively burnt;

  • cases of difficulty in interpreting the application of the gratuity may be referred to the joint Secretaries for their assistance.

Note: The present rates of these gratuities are set out in Annex 2.

3. ALLOWANCES FOR INCIDENTAL EXPENSES AT RESIDENTIAL TRAINING COURSES

3.1 HOME OFFICE CIRCULARS 97/1972 AND 24/1973

3.1.1 The Secretary of State has noted the agreement in respect of an allowance for incidental out of pocket expenses to members attending training courses in residential establishments, other than initial courses at Police Training Centres and full-time courses at universities and similar centres. Under the terms of Regulation 50(1) he has approved the payment to such a member of an expenses allowance for each night in residence, subject to a maximum payment in any period of a week: except that the allowance shall not be payable where the course organisers do not make financial and other arrangements for sleeping accommodation and meals, as the course could not then be regarded as residential. The exclusion from entitlement to the allowance relates only to initial probationer training (i.e. the course at a police training centre attended by a recruit soon after he joins the police service) and not to any continuation training undertaken at a later stage but still within the period of probation. Members undertaking such continuation training are therefore eligible for payment of the allowance.

3.2 PNB CIRCULAR 90/9

3.2.1 Police officers attending Module 4 of the probationer's training programme (i.e. the nationally agreed probationer training programme which currently operates in English and Welsh forces, excluding the Metropolitan Police) should not be paid the incidental out-of-pocket expenses allowance.

Note: The present rates are set out in Annex 2.

4. INSTRUCTORS ALLOWANCE

4.1 PNB CIRCULAR 83/3

4.1.1 Full-time residential instructors (i.e. those living away from their normal home) at regional or force training centres shall receive an annual allowance equal to half the allowance payable to instructors of the same rank at District Training Centres. Where an officer serves as a residential instructor for only part of a year, the allowance shall be paid pro-rata. This allowance subsumes any existing special payments to residential instructors (e.g. local instructors allowance or commuted sums in lieu of overtime).

 

5. HOME OFFICE CIRCULAR 25/2000: OUT OF FORCE INQUIRIES: RESIDENCE AWAY FROM HOME

5.1. The out of forces allowance was abolished, with effect from 1 July 2000, by a Police Arbitration Tribunal decision.

6. REIMBURSEMENT OF EXPENSES INCURRED IN EXECUTION OF DUTY

6.1 POLICE REGULATIONS: REGULATION 50(2) AND (3)

Power of police authorities to reimburse expenses
incurred in execution of duty Regulation 50(2)

Reimbursement of costs of first class travel for
superintending and chief officer ranks Regulation 50(3)

6.2 HOME OFFICE CIRCULAR 33/1983: PLACE OF DUTY CHANGE: HOME TO DUTY TRAVELLING EXPENSES

6.2.1 The Secretary of State commends the agreement set out in paragraph B of PNB Circular 83/1 about the exercise by police authorities of their discretion under Regulation 50(2) to reimburse for a reasonable period additional expenses incurred as a consequence of a requirement to transfer to a new place of duty within the force area.

6.3 POLICE COUNCIL AGREEMENT DATED 29 MAY 1969: UNIVERSITY SCHOLARS: TRAVELLING EXPENSES

6.3.1 Where an officer, other than one who has moved home or elected to be separated from his or her family for the purposes of the secondment, is obliged to incur expenditure in travelling between home and the place of study which is greater than the expenditure which would have been incurred in travelling between home and the place of duty if the officer had not been seconded, the police authority may reimburse such excess expenditure wholly or in part.

6.4 PNB CIRCULAR 93/3: REIMBURSEMENT OF TRAVEL COSTS FOR RETURNING HOME AT WEEKENDS WHILE ATTENDING RESIDENTIAL TRAINING COURSES

6.4.1 Where an officer is directed to attend a residential training course, other than on initial probationary training, he or she shall, where the organisation of the course permits a return home at weekends, be reimbursed the cost of a return journey between the training centre and the officer's home.

6.4.2 It has been agreed that all practical measures will be taken by forces and officers directed to courses to minimise the additional expenditure that will fall upon police authorities. To this end:

  • where an officer travels to a course by public transport and it is practicable to do so then 'saver' or reduced rate tickets will be used in place of reimbursement at standard rate;

  • where a journey is made in the officer's own vehicle then the reimbursement shall be calculated by reference to the shortest practicable route and in accordance with the public transport rate (as specified in Section D paragraph 12.4 of the PNB Guide to Negotiable Conditions of Service of Police Officers);

  • wherever possible officers will share personal transport;

  • where groups of officers from the same force attend the same training centre then transport provided by the force (e.g. hired or police minibuses) will be used if this will reduce the overall cost.

Note: The above agreement does not affect that covering existing arrangements for probationer constables which continues and which, for ease of reference, is set out below.

"Those receiving initial training as probationary constables shall be reimbursed the cost of the return journey at weekends, provided that the training centre is closed for a period beginning on a Friday and ending the next Monday or for any other period related to a public holiday and provided leave of absence is granted. The journey shall be to the constable's home or any other place within the UK approved by the chief officer of his force. Reimbursement is subject to submission of an itemised claim, certifying that the claimed expenditure has been incurred. Where the journey is made by public transport, the reimbursement shall not exceed the cost of a standard class return by the shortest practicable route. Where the journey is made in the constable's own vehicle, the reimbursement shall be calculated by reference to the shortest practicable route in accordance with the 'public transport rate' as determined from time to time for the payment of car allowance in the civil service*."

6.4.3 Probationer constables on initial training are not entitled to reimbursement of travel costs where the training centre remains open at weekends or on public holidays.

* In fact, the civil service rate is no longer published by the Home Office. Local agreement may be reached on this; see Home Circular 95/1988, reproduced in paragraph 12.4 of section D.


6.5 HOME OFFICE CIRCULAR 176/69: UNIVERSITY SCHOLARS: REIMBURSEMENT OF CERTAIN EXPENSES OF UNIVERSITY COURSES

6.5.1 Police authorities are empowered by Regulation 50(2) to reimburse expenditure necessarily incurred as a direct result of attendance at university (e.g. matriculation, registration, course and examination fees, students' union fees). The cost of necessary books may be reimbursed on such conditions as the authority may determine (e.g. purchase of second-hand books where possible; their retention by the student on completion of the course, on part-payment or free of charge, or their return to the authority).

 

7. REMOVAL ALLOWANCE

7.1 POLICE REGULATIONS: REGULATION 52 AND SCHEDULE 5

Officers required to move home due to the exigencies of duty or in the interests of efficiency

Regulation 52(1) & (2)

Officers joining a force in the rank of assistant chief constable or above

Regulation 52(1) & (2)

Officers transferring voluntarily from one force to another

Regulation 52(4)

Reimbursement of:

 

- removal costs

Regulation 52(1)(a)

- expenses incurred in disposing of former home

Regulation 52(1)(b) & PNB Circular 91/4 (Advisory)

- expenses incurred in acquiring new home

Regulation 52(1)(c) & PNB Circular 91/4 (Advisory)

- payments in connection with former home following the move

Regulation 52(1)(d)

- expenses incurred when a request to move home is subsequently rescinded

Regulation 52(10)

Definition of:

 

- 'relevant liabilities'

Regulation 52(3)

- 'owner'

Regulation 52(11)(a)

- 'expenses incurred in connection with the disposal or acquisition of property'

Regulation 52(11)(b)

Allowance in respect of expenses incidental to the move

Regulation 52(5)-(9) & PNB Circular 91/4 (Advisory)

The current maximum amount is set out in PNB Circular 01/5 (Advisory) and shown at Annex 2.

Removal allowance for university scholars

Schedule 5: paragraph 4

Modifications for part-time service (see note below)

Schedule 1: paragraph 17

Note: The 1998 Part time and job sharing agreements provide for removal allowance to be paid in full to officers working part time or job sharing from 1 September 1998. (Amendment regulations are awaited.)

7.2 HOME OFFICE CIRCULAR 154/1970

7.2.1 Vacation of provided dwellings on retirement: The Police Council agreement on removal allowance introduced new discretionary arrangements with regard to removals from provided accommodation on retirement. The Secretary of State accepted the view of the Council that it would be appropriate for a police authority to exercise its discretion in cases of hardship. It should be noted that where a police authority decides to carry out a removal or to reimburse the cost in such cases there is no entitlement to removal allowance.

7.2.2 Transfer between forces: In the case of a voluntary transfer from one force to another, the receiving police authority has discretion under the provisions of paragraph (a) of Police Regulation 52(4) to carry out the removal or to reimburse the cost. The Police Council view, although not expressed in the formal agreement, is that police authorities should regard as standard practice acceptance by the receiving force of responsibility for the costs of removal, including incidental expenses as appropriate, in cases where an officer successfully applied for a specific advertised post. In cases where an officer sought transfer for his or her own private or domestic reasons, the authority might well adopt a different approach, even if the force were advertising in general terms for recruits.

7.2.3 Transfers within a force on medical or compassionate grounds: The Council also expressed views on transfers within a force on medical, family or compassionate grounds. The general criterion for acceptance of responsibility by the police authority for the cost, including incidental expenditure, must be whether the chief officer approves the transfer as in the interests of the efficiency of the force. The Secretary of State would not wish to question the liberal use of the discretion which the regulation affords a chief officer in genuine compassionate cases.

7.3 HOME OFFICE CIRCULAR 250/1971: REMOVALS ON FIRST APPOINTMENT TO A FORCE

7.3.1 Regulation 52(2)(b) ensures that removal expenses, removal allowance and legal and other costs incurred in the sale or purchase of a house, would not be payable in respect of a removal which was in consequence of a constable's first posting to his or her normal place of duty after completion of initial training. A temporary posting of short duration, for example to a post near to the recruit's existing home owing to the need to await vacant quarters at the normal duty station, need not be regarded as the first posting in this context.

7.4 HOME OFFICE CIRCULAR 43/1973: REMOVALS CARRIED OUT IN TWO STAGES

7.4.1 Regulation 52 provides that owner-occupiers who move home due to the exigencies of police duty, or at the request of the chief officer of police in the interests of efficiency, shall be entitled to reimbursement of legal and other expenses on the sale of home and on the purchase of another dwelling at the new station. Although chief officers of police provide as much notice as possible of impending transfers, it may on occasion be necessary for the officer, with or without his or her family, to occupy police authority accommodation or privately rented accommodation at the new station as a temporary measure in the interval between sale and purchase of owner-occupied homes. Where temporary accommodation is obtained in these circumstances there may be some doubt whether the original owner-occupied dwelling can be regarded as the "former home" for the purpose of Regulation 52(1)(c)(i). Such residence in temporary accommodation should not prejudice an officer's entitlement to reimbursement of legal and other expenses on the subsequent purchase of an owner-occupied home. For the purposes of Regulation 52 it is accordingly suggested that in these circumstances the transfer should be regarded as one removal carried out in two stages with mutual agreement. The police authority may thus carry out or meet the cost of both stages of removal, but only one removal allowance would be paid. The chief officer of police and the police authority will no doubt wish to ensure that the officer gives an early indication of his or her intention to purchase a home at the new station and that, in the light of the particular circumstances of each case, the purchase is completed within a reasonable period, normally not exceeding six months, following the transfer.

7.5 HOME OFFICE CIRCULAR 62/1980: REMOVAL ALLOWANCE - DEATH IN SERVICE

7.5.1 The PNB agreement enables the police authority, in a case when a police officer living with his or her family in provided accommodation dies in service, to meet the cost of removing furniture to new accommodation within the force area. In a case where the deceased officer was a member of the City of London Police, the agreement applies to removal to new accommodation within the force area in which the provided accommodation was located. The agreement provides only for reimbursement of the actual costs of removal and confers no entitlement to the payment of a removal allowance.

7.6 POLICE COUNCIL CIRCULAR 6/73 AND LETTER OF 5 MAY 1976: INCIDENTAL EXPENDITURE

7.6.1 Expenditure incidental to a move which is necessarily incurred and which police authorities reimburse in accordance with the provisions of Regulation 52 may include, for example:

  • alteration or replacement of curtains, fixtures and fittings, relaying of floor covering, conversion and installation of electrical appliances, etc; and

  • losses incurred on school fees or uniforms, travel season tickets, etc.

7.6.2 It is considered permissible to allow expenditure incurred under hire purchase agreements to qualify for reimbursement under this regulation. However, in recognition of the possibility of members of forces over-committing themselves, it is recommended that all reasonable steps be taken to expedite the payment of claims for incidental expenses, in order to avoid the need for hire purchase in the first place.

8. PLAIN CLOTHES ALLOWANCE

8.1 POLICE REGULATIONS: REGULATION 53

Annual allowance payable to superintending and federated ranks Regulation 53(1)
Allowance payable at hourly rate to federated ranks Regulation 53(2) & (3)
Reduced rate payable where an officer is put to substantially more or substantially less expense than normal through wearing his own clothes Regulation 53(4)
Modifications for part-time service Schedule 1: paragraph 18

Note: The present rates are set out in Annex 2.

9. DETECTIVE EXPENSES ALLOWANCE

9.1 POLICE REGULATIONS: REGULATION 54

Entitlement

Regulation 54(1)

For superintending ranks

Regulation 54(2)

For federated ranks

Regulation 54(3)

Modifications for part-time service

Schedule 1: paragraph 19

9.2 HOME OFFICE CIRCULAR 25/2000

9.2.1 With effect from 1 July 2000 the detective expenses allowance was abolished and actual expenses will be reimbursed by police forces.

10. REFRESHMENT, SUBSISTENCE AND LODGING ALLOWANCES

10.1 POLICE REGULATIONS: REGULATION 55 AND SCHEDULE 8

Circumstances in which superintending and federated ranks qualify for:

 

- refreshment or subsistence allowance

Regulation 55(1) & (3)

- lodging allowance

Regulation 55(2)

Definition of 'usual place of duty'

Regulation 55(4)

Secretary of State to fix rates of these allowances

Regulation 55(5) & Schedule 8: paragraph 1(1)

Scales of:

 

- refreshment allowances

Schedule 8: paragraph 1(2)

- subsistence allowances

Schedule 8: paragraph 1(3)

Payment of subsistence allowance where lodging allowance is also payable for a period of 16 hours or less

Schedule 8: paragraph 2

Payment of actual expenses where these are higher than the prescribed rates of the allowances

Schedule 8: paragraph 3

Payment of higher rates of allowance when a federated rank accompanies a superintending or chief officer rank

Schedule 8: paragraph 4

Payment of annual allowance to chief officer ranks

Regulation 55(6)

Modifications for:

 

- part-time service

Schedule 1: paragraph 20

- variable shift arrangements

Schedule 3: paragraph 8

Note: The present rates are set out in Annex 3.

10.2 PROVISIONS FOR PAYMENT

10.2.1 Regulation 55 and Schedule 8 of the Police Regulations 1995 deal with refreshment, subsistence and lodging allowances.

  • Refreshment, subsistence or lodging allowance (as appropriate) will be payable if an officer incurs additional expenditure to obtain food or lodging in the circumstances described in the new paragraph 2 of Regulation 55 and certifies to that effect;

  • the period of retention on duty required to qualify for payment of the appropriate allowance is currently 'not less than 2 hours';

  • the term 'usual place of duty' is defined in Regulation 55(4).

10.2.2 In negotiating the agreement the Police Negotiating Board recognised that common sense and reasonableness would have to be exercised by both sides at local level if the agreement were to operate satisfactorily. In applying the new provisions, therefore, it should be noted that -

- the payment of a refreshment or subsistence allowance (as appropriate) is conditional upon:

i) the officer being retained on duty, or being engaged on duty away from the normal place of duty, for the specified period;

ii) as a consequence of (i), being unable to take a meal in the normal way;

iii) as a consequence of (ii), incurring additional expense to obtain food; and

iv) certifying that (iii) was the case.


10.2.3 Only if all these conditions are satisfied should the appropriate allowance be paid. Conversely, if they are satisfied, the officer has an entitlement to the allowance at the prescribed rate;

  • the refreshment allowance is payable where the officer has fulfilled the conditions required to claim the allowance and if refreshment is taken either on duty or in the officer's own time after the end of his duty and, in either case, certifies that he has done so;

  • the new rates of refreshment, subsistence and lodging allowances should be adequate to compensate the additional expenditure incurred by officers in most normal circumstances. Accordingly, the power of chief officers (under paragraph 3 of Schedule 8) to authorise payment of the actual expenses incurred, where these were higher than the appropriate allowance, should be exercised only in exceptional circumstances, where the actual expenses were abnormally high and the officer had no reasonable alternative but to incur such expenditure. Officers requesting payment of actual expenses in such

    circumstances should be required to submit a detailed report of the reasons for this and should be required to produce full receipts. Unless there are exceptional reasons, no payments above the standard rates of the allowances should be authorised retrospectively.

10.3 ARRANGEMENTS FOR PART-TIME WORKERS

10.3.1 Provisions for part-time workers are amended by Schedule 1, paragraph 20 of the principal Regulations.

10.3.2 The effect of the amendments on entitlements to refreshment, subsistence and lodging allowance is:-

  • to ensure that not less than 10 hours and under 13 hours are worked before a part-time officer becomes entitled to a refreshment allowance on the basis of retention on duty (catering for the fact that a part-timer's 'normal period of duty' may be shorter than eight hours);

  • to ensure that not less than 13 hours are worked before a part-timer becomes entitled to a subsistence allowance on the basis of retention on duty (catering for the fact that a part-timer's 'normal period of duty' may be shorter than eight hours);

  • to ensure that not less than eight hours are worked before a part-timer becomes entitled to a lodging allowance;

  • to spell out the fact that a part-timer, like a full timer, is entitled to count towards the eight, 10 and 13 hour thresholds several periods of less than eight

    hours worked on one force day.

 

10.4 POLICE COUNCIL CIRCULAR 3/75

10.4.1 Rates of subsistence, refreshment and lodging allowances for chief officers shall be at the discretion of the police authority, provided that the rates so determined are not less than those for superintendents.

10.5 PNB CIRCULAR 88/5 (ADVISORY)

10.5.1 Where an officer was obliged to obtain lodgings in an area within a radius of five miles from Charing Cross (statue of King Charles I) an enhanced rate of lodging allowance shall apply.

11. ADVANCES TO COVER EXPENSES WHEN AWAY ON DUTY

11.1 POLICE REGULATIONS: REGULATION 56

Note: This provision applies only to members of the federated ranks.

Advances to be payable on request Regulation 56

12. MOTOR VEHICLE ALLOWANCES

12.1 POLICE REGULATIONS: REGULATION 57 AND SCHEDULE 9

Entitlement to essential or casual user's rate

Regulation 57(1) & (4)

Definition of "authorised use"

Schedule 9: paragraph 1

Restrictions on payment of:

 

- vehicle to be properly insured

Regulation 57(2)

- officer to be prepared to carry passengers for purposes of police duty

Regulation 57(3)

Essential user's allowance:

 

- calculation of entitlement

Schedule 9: paragraph 2(1)-(3)& 4

- payment in instalments

Schedule 9: paragraph 2(4)

- reduction in allowance when vehicle not in use for four weeks or more

Schedule 9: paragraph 2(5)

- payment for fractions of a year

Schedule 9: paragraph 2(6)

Casual user's allowance:

 

- calculation of entitlement

Schedule 9: paragraphs 3 & 4

- not to exceed essential user's rate

Schedule 9: paragraph 3

Flat rate for chief officer ranks

Regulation 57 (4): proviso

Rates for motor cars with a cylinder capacity not exceeding 500 cc or for motor bicycles

Regulation 57(5)

Modifications for part-time service

Schedule 1 (Under the 1998 Part time and job sharing arrangements the lump sum element of the motor vehicle allowance is payable in full to officers working less than full time from 1 September 1998. Amendment regulations are awaited)

Note: The present rates are set out in Annex 4.

12.2 HOME OFFICE CIRCULAR 133/1968

12.2.1 Regulation 57(2) requires that no motor vehicle allowance shall be payable unless the vehicle is covered by an insurance policy approved by the police authority. The Regulations do not include details of the type of insurance policy but the basic requirements specified in the Police Council agreement are as follows:

'No member shall qualify to receive any payment under this agreement unless the current insurance policy for the vehicle concerned -

  • gives comprehensive protection;

  • covers the use of the vehicle on police duty and also the carrying of passengers in that connection; and

  • indemnifies the police authority against claims by third parties (including claims concerning passengers) arising from the use of the vehicle on police duty, unless the company by which the policy was issued has already given a general undertaking in this regard to the police authority or the appropriate association of local authorities.'

12.2.2 Regulation 57(3) makes the payment of the allowance contingent on a member's willingness to carry passengers in the course of his or her duty or the duty of officers accompanying him. There is no provision for payment of a passenger supplement. Small vehicles are excepted from the requirement to carry passengers. Paragraph 4 of Schedule 9 indicates that it is for the chief officer of police, with the approval of the police authority, to determine the size of vehicle appropriate for the purposes of the duties in question. If a member uses a larger vehicle, the motor vehicle allowance will be limited to that approved for the vehicle considered appropriate by the authority.

12.3 HOME OFFICE CIRCULAR 35/1980

12.3.1 The flat-rate motor vehicle allowances paid to chief officers under Regulation 57(4) is to be at such annual rate as may be determined by the police authority on such basis as is approved by the Secretary of State. The effect of this amendment is that, once the basis of the allowance has been approved by the Secretary of State, the annual rate may be varied by the police authority without the need for further approval.

12.4 HOME OFFICE CIRCULAR 95/1988: MILEAGE ALLOWANCE - PUBLIC TRANSPORT RATE

12.4.1 The intention of the PNB agreement (see paragraph 12.6 of Section D) was that, where an officer's normal duties do not make the availability of a car either essential or desirable, but on specific occasions the chief constable is prepared to sanction the use of the officer's own car in the interests of the efficiency of the service, the officer should be designated as a casual user for the occasion in question and should be paid the casual user rate of mileage allowance for the journey concerned. Where, however, an officer (whether a designated user or not) chooses for his or her own reasons to use his or her own car for a journey which, in the view of the chief constable, could and should otherwise be undertaken by public transport, the officer should be reimbursed the cost of the public transport fare only. As Home Office Circular 49/1988 indicated, the Home Office will no longer publish in Home Office circulars changes in the civil service public transport rate. However, the Side Secretaries of the Police Negotiating Board have agreed that local agreement may be reached on the adoption of an appropriate rate for the purposes of determining the cost of travelling by public transport when the actual cost is difficult to establish.

12.5 PNB CIRCULAR 88/8

12.5.1 Where an officer is designated as an essential or casual user, the essential or casual user's rate is paid for authorised journeys undertaken in the course of normal duties. Where an officer (whether a designated user or not) chooses for his or her own reasons to use his or her car for a journey which the chief constable confirms could and should otherwise be undertaken by public transport, then the officer should be reimbursed the cost of the public transport fare only. Where an officer's normal duties do not make the availability of a car either essential or desirable, but on specific occasions the chief constable is prepared to sanction the use of the officer's own car in the interests of the efficiency of the service, then the officer should receive the casual user's rate of allowance for the journey concerned. Police forces are reminded that there is an onus on management to pay car allowances only where necessary and accordingly they should take steps:

  • to designate officers as essential or casual users only where it is deemed strictly to be 'essential' or 'desirable';

  • to ensure that an officer is authorised to use his car only if there is no force car

    available or if the officer is unable to share the car of another officer undertaking the same journey; and

  • to review at regular intervals the designation of essential and casual users with the object of establishing whether that status is still required.

 

12.6 PNB CIRCULAR 93/11: NEW MOTOR VEHICLE ALLOWANCE SCHEME

12.6.1 There will be three bands: 451-999cc; 1000-1199cc; and 1200-1450cc. The existing arrangement whereby the chief officer, with the approval of the police authority, determines which bands to authorise will continue, subject to the lowest band only being used for cars in that band. There will be two classes of user, classified as "essential" and "casual".

12.6.2 'Essential' users will receive a lump sum of 30 per cent of depreciation, insurance and car tax and a mileage allowance which recovers the remaining 70 per cent of those standing charges over 8500 miles, together with the cost of running expenses, calculated as now.

12.6.3 'Casual' users will receive a mileage rate which reimburses depreciation, insurance and car tax evenly over 8500 miles, together with the cost of running expenses, calculated as now.

12.6.4 The new rates will be reviewed each 1 April.

13. CAR LEASING SCHEMES

13.1 PNB CIRCULAR 90/3 (ADVISORY)

13.1.1 Where a police authority makes a car leasing scheme available to authorised car users and a police officer who is an authorised user chooses to take part in the scheme, he or she will be entitled to a motor vehicle allowance in accordance with the terms of the car leasing scheme and not to a motor vehicle allowance under the terms of Regulation 57 of the Police Regulations. Car leasing schemes must be purely voluntary and authorised car users must be free to claim a motor vehicle allowance under Regulation 57 instead of entering a car leasing scheme if they wish. Authorised car users who express an interest in a car leasing scheme shall be given an opportunity to examine the terms of the agreement involved before entering a commitment. Participation in a car leasing scheme should not be a condition of particular jobs.

Note: This agreement was not included in Police Regulations, but was legalised by the Police and Magistrates Courts Act.

14. DOG HANDLERS ALLOWANCE

 

14.1 POLICE REGULATIONS: REGULATION 58

Entitlement

Regulation 58(1)

Rates

PNB Circular 01/16 (Advisory) Home Office Circular 39/2001

Allowance payable:

 

- to an officer who keeps more than one dog

Amendment Regulations 2001

- during periods of annual leave

Regulation 58(3)

Note: The present rates are set out in Annex 2.

15. ALLOWANCE IN RESPECT OF MEDICAL CHARGES

15.1 POLICE REGULATIONS: REGULATION 59

Entitlement to reimbursement Regulation 59

15.2 HOME OFFICE CIRCULAR 104/1988: DENTAL CHARGES: PRIVATE TREATMENT

15.2.1 Charges for dental treatment as a private patient in cases where it is difficult to obtain emergency or minor treatment under NHS arrangements should continue to be reimbursed up to the maximum limit of the charge which would have been payable had treatment been given under NHS arrangements. [Independent Secretariat note: Such charges are only payable in respect of injuries incurred in the execution of duty.]

15.3 HOME OFFICE CIRCULAR 27/1988: PROVISION OF SPECTACLES FOR POLICE OFFICERS

15.3.1 Police grant will continue to be paid, subject to audit, on expenditure incurred by police authorities in providing 'approved pattern' spectacles containing single vision or bifocal plastic lenses or in reimbursing expenditure, up to the costs of providing such spectacles, incurred by officers who choose to wear contact lenses.

15.3.2 Police authorities and chief officers will, however, wish to note that there is no longer any entitlement under Regulation 59 of the Police Regulations to the reimbursement of optical charges incurred by officers who need to wear spectacles but who are not required to wear 'approved pattern' spectacles. Any change in those arrangements would be a matter for negotiation in the Police Negotiating Board.

15.3.3 This guidance replaces that in Home Office Circulars 50/1967 and 217/1971 which are cancelled.

15.4 HOME OFFICE CIRCULAR 52/1989: PROVISION OF SPECTACLES FOR POLICE OFFICERS: OPTICAL CHARGES

15.4.1 Regulations made under the Health and Medicines Act 1988 have now withdrawn from most categories of patient, with effect from 1 April 1989, the entitlement to free eyesight tests under the NHS. As a consequence, most patients must pay privately for eyesight tests at the rate charged by their optician. Charges for eyesight tests are not covered by the terms of Regulation 59 of the Police Regulations and will not, therefore, be reimbursable to police officers.

16. PERSONAL INJURY COMPENSATION

16.1 PNB CIRCULAR 94/11 (ADVISORY)

16.1.1 At the sole discretion of individual police authorities, schemes may be introduced to cover payments to police officers permanently disabled as a result of an injury received in the execution of duty, but where the injury is not so serious as to necessitate the ill-health retirement of the officer. The decision whether to introduce such a scheme of payment and if so the circumstances covered (which may include injuries incurred whilst travelling abroad on police business) and the levels of any payment will be matters for the sole discretion of the individual police authority. The Home Office has confirmed that the Police and Magistrates Courts Act will enable police authorities to make such payments and, if they so wish, to do so through an insurance arrangement.

17. LONDON ALLOWANCE

17.1 POLICE REGULATIONS: REGULATION 60

Entitlement and rate Regulation 60
Modifications for part-time service Schedule 1: paragraph 21

Note: The present rate is set out in Annex 2.

18. COMMUTED OVERTIME ALLOWANCES

18.1 POLICE REGULATIONS: REGULATION 61

Circumstances in which it may be paid Regulation 61
Rate of allowance and conditions on which it is paid
to be subject to Secretary of State's approval Regulation 61
Modifications for variable shift arrangements Schedule 3: paragraph 9

 

18.2 HOME OFFICE CIRCULAR 214/1967

18.2.1 Members of the uniform branch are entitled to compensation under Regulation 28 in respect of extensions to their working hours in the course of normal duty. Whenever it is practicable compensation should be granted under this Regulation. The only circumstances which appear to preclude compensation under Regulation 28 for overtime work by such members when they are engaged on specialist duties arise when it is unduly difficult to keep an accurate record of hours worked and/or the nature of the overtime is less exacting, on an hour by hour comparison, than the normal duties of members of the uniform branch. In these exceptional cases the Secretary of State is still prepared to consider authorisation of commuted overtime allowances. However, to assist in this consideration it will be necessary in future to have the following information in respect of each application:-

  • the weekly average of the number of excess hours which have been worked over the last convenient period of 12 months in the performance of the duties in question;

  • an assessment of the overall nature of the work performed (by reference to the normal duties of members of the uniform branch) both in the course of such overtime and in the course of normal hours of duty; and

  • as a result of this assessment a statement of a proportion of the normal overtime rate (time plus a third) which has been used for calculation of the amount of the proposed allowance.

18.3 HOME OFFICE CIRCULAR 205/1975

18.3.1 Whenever practicable compensation should be made under normal overtime arrangements and approval sought for a commuted overtime allowance only where the circumstances were such that normal overtime arrangements became artificial or difficult to apply.

 

19. UNDERMANNING ALLOWANCES

19.1 POLICE REGULATIONS: Regulation 65

Continuation of payment to members of certain forces before 1 September 1978

Regulation 65

Rates

Regulation 65

Modifications for part-time service

Schedule 1: paragraph 22

Note: The rates of these allowances are set out in Annex 2.

20. ALLOWANCES FOR UNIVERSITY SCHOLARS

20.1 POLICE REGULATIONS: REGULATION 64 & SCHEDULES 1 & 5

General Regulation 64

Removal allowance Schedule 5: paragraph 4

Modifications for part-time service Schedule 1: paragraph 23

21. SUSPENSION OF PAYMENT OF ALLOWANCES

21.1 POLICE REGULATIONS: REGULATIONS 62 & 63 & SCHEDULE 1 &7

Power of chief officers to suspend allowances for officers on sick or maternity leave

Regulation 62

Payment of allowances when:

 

- an officer is suspended from duty

Schedule 7: paragraph 2

- suspended officer returns to duty

Schedule 7: paragraph 3

Modification for part-time service

Schedule 1: paragraph 24

E1. PROVISION OF HOUSE OR QUARTERS

1.1 POLICE REGULATIONS: SCHEDULE 12 PART II - SAVINGS

Qualifying member previously provided with accommodation Paragraph 4
Re-joining member previously provided with accommodation Paragraph 6
Members provided with house or quarters Paragraph 8

Note: The following sections of the old Police Regulations 1987, and amendments, may still be relevant to officers who joined before 1 September 1994.

1.2 POLICE REGULATIONS: REGULATION 72

Entitlement to house or quarters rent free

Regulation 72(1)

Entitlement of officers to whom the provisions of Regulation 50 (supplementary rent allowance) apply

Regulation 72(1): proviso(a)

Officers on unpaid leave

Regulation 72(1): proviso(b)

Officers married to another member of the same police force

Regulation 72(2)

1.3 POLICE COUNCIL CIRCULAR 13/74

1.3.1 Police authorities are advised that it is not appropriate to charge a rental for garages associated with a provided house or quarters.

1.4 HOME OFFICE CIRCULAR 24/1990

1.4.1 The amendments to Regulation 72 mean that provided accommodation will no longer be occupied free of water rates.

 

1.5 PNB CIRCULAR 94/6 (ADVISORY): GUIDANCE ON HOUSING EMOLUMENTS - CONTINUED PAYMENT AFTER DEATH OF SERVING POLICE OFFICER

1.5.1 PNB Circular 93/1 (Advisory) recorded the agreement that when a police officer dies in service, his/her dependent spouse should continue to receive emoluments in respect of housing for the first 13 weeks following the officer's death. We have received enquiries as to whether this agreement extends to dependent spouses living in police provided accommodation. Our advice is that in these circumstances they should be allowed to continue their occupancy rent-free for the first 13 weeks following the officer's death.

2. ISSUE, OWNERSHIP AND REPLACEMENT OF UNIFORM AND EQUIPMENT

2.1 POLICE REGULATIONS: REGULATIONS 66-69 AND SCHEDULE 11

Issue to: - constables and sergeants

Regulation 66(1) & Schedule 11

- inspectors and above

Regulation 66(2)

Reissue

Regulation 67

Ownership

Regulations 68 & 69

Replacement

Regulation 69

2.2 HOME OFFICE CIRCULAR 172/73

2.2.1 It is understood that there is a liability to VAT on the value of any item which police authorities may authorise police officers to retain either with or without payment where the market value is £10 or more. Any difficulties which arise should be taken up with the appropriate VAT office of Customs and Excise.

 

2.3 PNB CIRCULAR 82/10

2.3.1 A torch with bulb and batteries is considered to be an item of equipment and as such is to be issued and maintained as required by police authorities.

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