Police Service of Northern Ireland Regulations 2005

Pay

23.—(1) Subject to the following provisions of this Part, the pay of members shall be determined by the Secretary of State, and in making such a determination the Secretary of State may—

(a) confer such functions in relation to the pay of members above the rank of chief superintendent on the Board;

(b) where the pay of a member of the rank of chief inspector or below is payable subject to such conditions as may be specified in the determination, confer on a member senior in rank to that member, or on a member of the police support staff, such functions in relation to those conditions,

as he thinks fit.

(2) Subject to regulations 39 to 44 and section 27(3) of the Act, in reckoning the service of a member in any rank for the purposes of pay, account shall be taken of all his service in that rank; and service in a higher rank, on temporary promotion thereto or otherwise, shall be treated as if it had been service in that rank.

(3) For the purposes of this regulation in reckoning a member’s service in any rank—

(a) that service shall be treated as unbroken by, and including, any period of service in Her Majesty’s forces which he is entitled to reckon as pensionable service;

(b) except where the Chief Constable in the circumstances of a particular case otherwise determines with the approval of the Secretary of State, no account shall be taken of any previous service in that rank which terminated in his reduction in rank as a punishment but any previous service in a higher rank which so terminated shall be treated as if it had been service in the rank to which the member was reduced;

(c) no account shall be taken of any performance of the duties of that rank in respect of which a temporary salary is payable under regulation 26;

(d) any period of unpaid leave shall be disregarded;

(e) any part-time service shall be taken into account as though it were full-time service;

(f) in the case of a female member who has taken one or more periods of maternity leave—

(i) where that leave has been for 26 weeks or more, account shall be taken of the first 26 weeks whilst on maternity leave;

(ii) where that leave has been for less than 26 weeks, account shall be taken of any period spent on maternity leave;

and where that member has, at the beginning of the 14th week before the expected date of birth of the member’s child, as given in accordance with a determination under regulation 32(7), served continuously as a member for a period of not less than 26 weeks, account shall be taken of any period (not being a period of which account has been taken under paragraph (i) or (ii)) spent on maternity leave during the period of 29 weeks beginning with the week in which the child is born;

(g) in the case of a member who has taken one or more periods of maternity support leave, adoption support leave or parental leave, account shall be taken of any period of such leave taken in accordance with a determination under regulation 32(8)(c),(b) and (d);

(h) in the case of a member who has taken one or more periods of adoption leave in accordance with a determination under regulation 32(8)(c)—

(i) where that leave has been for 5 days or more, account shall be taken of the first 5 days whilst on adoption leave;

(ii) where that leave has been for less than 5 days, account shall be taken of any period spent on adoption leave;

and where that member has, at the end of the week in which they are notified of being matched with a child for adoption, served continuously as a member for a period of not less than 26 weeks, account shall be taken of any period spent on adoption leave during the period of 26 weeks beginning with the week in which the child is placed with the officer for adoption;

and, in the case of a member of a rank higher than that of chief inspector, paragraph (2) shall have effect subject to any contrary agreement so far as it relates to the reckoning of previous service in the police service.

(4) Nothing in this regulation shall affect the operation of any provisions of the Conduct Regulations and, in relation to a member suspended or fined thereunder the provisions of paragraphs 1 and 3 of Schedule 3 or of paragraph 4 thereof shall have effect.

(5) A determination under paragraph (1) shall have effect in relation to a university scholar subject to the provisions of any determination for the time being in force under regulation 31.