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| Guide to Negotiable Conditions of Service |
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Fifth Edition (May 2002) Police Negotiating Board
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 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
SECTION B: PAY SECTION C: HOUSING PAYMENTS
SECTION D: OTHER ALLOWANCES AND EMOLUMENTS SECTION E: HOUSING, UNIFORM AND EQUIPMENT
ANNEXES
1. NORMAL DAILY PERIOD OF DUTY 1.1 POLICE REGULATIONS: REGULATION 24 AND SCHEDULES 1 AND 3
1.2 HOME OFFICE CIRCULAR 21/97: INSPECTING RANKS' WORKING ARRANGEMENTS 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 1.3.2 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. 1.3.10 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
2.2 HOME OFFICE CIRCULAR 39/1985 3. VARIABLE SHIFT ARRANGEMENTS
3.2 PNB CIRCULAR 98/12 (ADVISORY), PARAGRAPHS 3 - ARRANGEMENTS FOR PART TIME WORKERS 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:
4. ROSTERING OF DUTIES
4.2 HOME OFFICE CIRCULAR 39/1985 4.3 PNB CIRCULAR 86/9 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) 4.4.2 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
5.2 HOME OFFICE CIRCULAR 86/1989 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:
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 6. OFFICERS HELD IN RESERVE AWAY FROM THEIR NORMAL PLACE OF DUTY 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:
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:
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 7.1.1 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
8.2 HOME OFFICE CIRCULAR 39/1985 - COMPENSATION FOR REQUIREMENT TO WORK ON A REST DAY 8.3 HOME OFFICE CIRCULAR 63/1987: PUBLIC HOLIDAYS 8.4 HOME OFFICE CIRCULAR 27/1988 AND 40/94: COMPENSATION FOR RECALLS TO DUTY ON A PUBLIC HOLIDAY OR ROSTERED REST DAY 8.4.2 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) 8.5.2 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
8.7 PNB CIRCULAR 86/2: REINSTATEMENT OF CANCELLED PUBLIC HOLIDAY LEAVE
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
13.2 POLICE COUNCIL CIRCULAR 4/74: SUMMER LEAVE 13.3 POLICE COUNCIL CIRCULAR 8/71: CARRY-OVER OF ANNUAL LEAVE AS A CONSEQUENCE OF INJURY
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.
15. VOLUNTEER RESERVE FORCES: LEAVE ARRANGEMENTS 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:
16. APPLICATION OF THE WORKING TIME REGULATIONS 1998, as amended by the WORKING TIME AMENDMENT REGULATIONS 1999 - PNB CIRCULAR 2001/2 (Advisory)
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 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); 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
17. SICK LEAVE
17.2 HOME OFFICE CIRCULAR 52/1989: ARBITRATION ARRANGEMENTS
17.2.2 It should be noted that:
17.3 PNB CIRCULARS 82/4 AND 82/7: UNCERTIFICATED SICK LEAVE
18.2 PNB CIRCULAR 01/22: MATERNITY, MATERNITY SUPPORT, PARENTAL AND ADOPTION LEAVE AND TIME OFF FOR DEPENDANTS. 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 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)) 18.4 PAID MATERNITY LEAVE
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
18.5.2 There is an assumption that an officer will return to work 9 months after the expected 18.6 INTER-RELATIONSHIP WITH THE POLICE OCCUPATIONAL SICKNESS LEAVE AND PAY 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 18.8 PARENTAL LEAVE 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
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 18.11 TIME OFF FOR DEPENDANTS 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
19.2 POLICE COUNCIL CIRCULAR 5/69 - UNIVERSITY SCHOLARS: PERFORMANCE OF ORDINARY POLICE DUTY 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 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 20.1.1 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) 21.2 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 Secretary of State to determine rates of pay. 1.2 POLICE REGULATIONS: REGULATIONS 39, 42-45
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) 1.3.2 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) 1.5 PNB CIRCULAR 94/16 (ADVISORY): FEDERATED RANKS' PAY 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:
* Provided that no chief inspector shall upon transfer receive a lower salary. 1.6 PNB CIRCULAR 88/18 (ADVISORY): PROMOTION INCREASE 1.7 PNB CIRCULAR 97/1 (ADVISORY) - GUIDANCE ON SUPERINTENDING RANKS' PAY 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:
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")
2.2 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 2.4 HOME OFFICE CIRCULAR 154/1970: TEMPORARY DUTY 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 (a) An assistant chief constable (designated) who has:
(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 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 2.8 PNB CIRCULAR 95/7 (ADVISORY): OVERTIME, REST DAY AND PUBLIC HOLIDAY WORKING FOR SERGEANTS ACTING AS INSPECTORS
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
3. LONDON WEIGHTING Notes: 1. The present rate is set out in Annex 2. 4. DEDUCTIONS FROM PAY
5. CALCULATION OF MONTHLY, WEEKLY AND DAILY PAY 6. INTERVALS OF PAY 6.2 POLICE COUNCIL CIRCULAR 2/69 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 C1. HOUSING PAYMENTS FOR OFFICERS IN SERVICE AT 31 AUGUST 1994
1.2 POLICE REGULATIONS 1987 (REVOKED): REGULATION 49 AS AMENDED
1.3 HOME OFFICE CIRCULAR 24/1990 (PARAGRAPHS 3-21) AND HOME OFFICE CIRCULAR 65/92
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).
1.3.7 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 1.4 DEFINITIONS '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
2.2 HOME OFFICE CIRCULAR 24/1990 (PARAGRAPHS 23-48) AND HOME OFFICE CIRCULAR 72/1990 (PARAGRAPH 6) 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. 2.2.12 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 -
2.2.13 Police Regulations 1987, Regulation 49C(2) as amended provides that such officers are eligible for a transitional rent allowance if -
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.
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
3.2 HOME OFFICE CIRCULAR 65/92 3.3 POLICE COUNCIL CIRCULAR 1/67 4. TRANSITIONAL SUPPLEMENTARY RENT ALLOWANCE FOR OFFICERS IN SERVICE ON 31 AUGUST 1994
4.2 HOME OFFICE CIRCULAR 24/1990 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 5.1.1 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
6.2 HOME OFFICE CIRCULAR 24/1990: TRANSITIONAL RENT ALLOWANCE 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 Housing Allowance and transitional rent allowance Schedule 4: paragraph 4(1)
D1. RESTRICTIONS ON PAYMENT OF ALLOWANCES 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 2.1.1 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. 2.2 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:
Note: The present rates of these gratuities are set out in Annex 2. 3. ALLOWANCES FOR INCIDENTAL EXPENSES AT RESIDENTIAL TRAINING COURSES 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 4.1.1 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 6. REIMBURSEMENT OF EXPENSES INCURRED IN EXECUTION OF DUTY Power of police authorities to reimburse expenses 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:
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.
7. REMOVAL ALLOWANCE
7.2 HOME OFFICE CIRCULAR 154/1970 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 7.4 HOME OFFICE CIRCULAR 43/1973: REMOVALS CARRIED OUT IN TWO STAGES 7.5 HOME OFFICE CIRCULAR 62/1980: REMOVAL ALLOWANCE - DEATH IN SERVICE 7.6 POLICE COUNCIL CIRCULAR 6/73 AND LETTER OF 5 MAY 1976: INCIDENTAL EXPENDITURE
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 Annual allowance payable to superintending and federated ranks Regulation 53(1) Note: The present rates are set out in Annex 2. 9. DETECTIVE EXPENSES ALLOWANCE
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
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.
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.
10.3 ARRANGEMENTS FOR PART-TIME WORKERS 10.3.2 The effect of the amendments on entitlements to refreshment, subsistence and lodging allowance is:-
10.4 POLICE COUNCIL CIRCULAR 3/75 10.5 PNB CIRCULAR 88/5 (ADVISORY) 11. ADVANCES TO COVER EXPENSES WHEN AWAY ON DUTY Note: This provision applies only to members of the federated ranks. Advances to be payable on request Regulation 56 12. MOTOR VEHICLE ALLOWANCES
Note: The present rates are set out in Annex 4. 12.2 HOME OFFICE CIRCULAR 133/1968 'No member shall qualify to receive any payment under this agreement unless the current insurance policy for the vehicle concerned -
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 12.4 HOME OFFICE CIRCULAR 95/1988: MILEAGE ALLOWANCE - PUBLIC TRANSPORT RATE 12.5 PNB CIRCULAR 88/8
12.6 PNB CIRCULAR 93/11: NEW MOTOR VEHICLE ALLOWANCE SCHEME 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 13.1.1 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
Note: The present rates are set out in Annex 2. 15. ALLOWANCE IN RESPECT OF MEDICAL CHARGES Entitlement to reimbursement Regulation 59 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 15.3.2 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 16. PERSONAL INJURY COMPENSATION 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 Entitlement and rate Regulation 60 Note: The present rate is set out in Annex 2. 18. COMMUTED OVERTIME ALLOWANCES Circumstances in which it may be paid Regulation 61
18.2 HOME OFFICE CIRCULAR 214/1967
18.3 HOME OFFICE CIRCULAR 205/1975
19. UNDERMANNING ALLOWANCES
Note: The rates of these allowances are set out in Annex 2. 20. ALLOWANCES FOR UNIVERSITY SCHOLARS General Regulation 64 21. SUSPENSION OF PAYMENT OF ALLOWANCES
E1. PROVISION OF HOUSE OR QUARTERS Qualifying member previously provided with accommodation Paragraph 4 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
1.3 POLICE COUNCIL CIRCULAR 13/74 1.4 HOME OFFICE CIRCULAR 24/1990
1.5 PNB CIRCULAR 94/6 (ADVISORY): GUIDANCE ON HOUSING EMOLUMENTS - CONTINUED PAYMENT AFTER DEATH OF SERVING POLICE OFFICER 2. ISSUE, OWNERSHIP AND REPLACEMENT OF UNIFORM AND EQUIPMENT
2.2 HOME OFFICE CIRCULAR 172/73
2.3 PNB CIRCULAR 82/10 |
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