The Police (Amendment) Regulations 2007

Amendments to the Police Regulations 2003

2.—(1) Schedule 3 to the Police Regulations 2003(1) (replacement allowance) is amended as follows.

(2) In paragraph 1(1) for “7” substitute “8”.

(3) In paragraph 3(2) for the words “paragraph 7” substitute “paragraphs 7 and 8”.

(4) In paragraph 5(2)(a) after the word “applies” insert “, and subject to paragraph 8”.

(5) After paragraph 7 insert the following paragraph—

“Modification of compensatory allowance

8.— (1) This paragraph applies to a member whose entitlement to a replacement allowance is calculated in whole or in part by reference to the rate at which he was in receipt of a compensatory allowance under regulation 52B of the 1987 Regulations(2).

(2) This paragraph also applies to a member who would be entitled to a replacement allowance calculated in whole or in part by reference to the rate at which he would have been in receipt of a compensatory allowance under regulation 52B of the 1987 Regulations had that regulation provided as set out in paragraph (3) before 1st September 1994.

(3) A member to whom this paragraph applies is entitled to a replacement allowance calculated as if for regulation 52B of the 1987 Regulations there were substituted the following regulation—

“Compensatory allowance

52B.— (1) This regulation applies where two or more persons, each of whom is a member of a police force, are living in the same accommodation and at least one of them is appointed to perform part-time service.

(2) Where this regulation applies those persons are entitled to a compensatory allowance of a proportion of the appropriate amount determined in accordance with guidance issued by the Secretary of State.

(3) Where there are only two persons living in the same accommodation and only one of them is appointed to perform part-time service, the appropriate amount is given by the formula

where—

A is the notional amount for the time being of any allowances that were payable under regulations 49 to 51 to the full-time member before the part-time member’s appointment as such,

B is the notional amount for the time being of any allowances that were then so payable to the part-time member,

C is the amount for the time being of any allowances that are so payable to the full-time member,

D is the amount for the time being of any allowances that are so payable to the part-time member.

(4) Where there are only two persons living in the same accommodation and each of them is appointed to perform part-time service, the appropriate amount is given by the formula

where—

A is the notional amount for the time being of any allowances that were payable under regulations 49 to 51 to one of the members (the “first part-time member”) before his appointment as such,

B is the notional amount for the time being of any allowances that were then so payable to the other member,

C is the amount for the time being of any allowances that are so payable to the first part-time member,

D is the amount for the time being of any allowances that are so payable to the other member.

(5) Where there are more than two persons living in the same accommodation, the appropriate amount is given by the formula

where—

A is the aggregate notional amount for the time being of any allowances that were payable under regulations 49 to 51 to those members before the appointment of one of them as a part-time member,

B is the aggregate amount for the time being of any allowances that are so payable to those members.

(6) For the purposes of this regulation the notional amount for the time being of an allowance is the amount that would for the time being be payable if the part-time member were a full-time member.”.”

(1)

S.I. 2003/527; relevant amending instruments are S.I. 2003/2594, 2005/2834 and 2006/594.

(2)

The Police Regulations 1987 (S.I. 1987/851); regulation 52B was substituted by regulation 4 of the Police (Amendment) Regulations 1994 (S.I. 1994/1308) and ceased to have effect by virtue of the Police (Amendment) (No. 2) Regulations 1994 (S.I. 1994/2195).