The Police (Amendment No. 5) Regulations 2012

Statutory Instruments

2012 No. 3058

Police, England And Wales

The Police (Amendment No. 5) Regulations 2012

Made

4th December 2012

Laid before Parliament

10th December 2012

Coming into force

1st January 2013

The Secretary of State, in exercise of the powers conferred by section 50 of the Police Act 1996(1), makes the following Regulations.

In accordance with section 62(1) of that Act(2), the Secretary of State has taken into consideration the recommendation made by the Police Negotiating Board for the United Kingdom and supplied the Board with a draft of these Regulations.

In accordance with section 63(3) of that Act(3), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and taken into consideration their representations.

Citation and commencement

1.—(1) These Regulations may be cited as the Police (Amendment No. 5) Regulations 2012.

(2) These Regulations come into force on 1st January 2013.

Amendment to the Police Regulations 2003

2.  After regulation 14 of the Police Regulations 2003(4) (retirement) insert—

“Compensation lump sum on voluntary retirement

14A.— (1) Without prejudice to the Police Pensions Regulations, the Secretary of State may determine the circumstances in which a member of a police force is entitled to receive a payment on voluntary retirement from the police force (a “compensation lump sum”), and the amount of such compensation lump sum.

(2) In making a determination under paragraph (1) the Secretary of State may confer such functions on—

(a) the police pension authority (within the meaning of section 11(2) of the Police Pensions Act 1976(5)); and

(b) the pension supervising authority (within the meaning of that section),

in relation to compensation lump sums as he thinks fit.”.

Damian Green

Minister of State

Home Office

4th December 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police Regulations 2003 (“the 2003 Regulations”) to implement (in part) recommendation 58 in the Independent Review of Police Officer and Staff Remuneration and Conditions: Part 1 Report(6) (“the Report”).

Regulation 2 of these Regulations inserts a new regulation 14A in the 2003 Regulations, giving the Secretary of State power to determine the terms of a voluntary exit scheme for police officers.

Further provision implementing recommendation 58 will be made in the determination of the Secretary of State made under the new regulation 14A of the 2003 Regulations, and in amendments to the Regulations governing police pensions.

(1)

1996 c.16. Section 50 is amended by paragraph 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4), section 3 of the Policing and Crime Act 2009 (c. 26) and section 82(12) of, and paragraph 32 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13).

(2)

Section 62(1) was amended by Schedule 10 to the Police Act 1997 (c. 50), S.I. 1999/1820, sections 90(3) and 91(3) of the Police Reform Act 2002 (c. 30), paragraphs 68 and 77 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraphs 61 and 67 of Schedule 1 to the Police and Justice Act 2006 (c. 48), S.I. 1999/1820 and S.I. 2010/976 .

(3)

Section 63(3) was amended by paragraph 78 of Schedule 4 to the Serious Organised Crime and Police Act 2005, paragraph 6 of Schedule 22 to the Criminal Justice and Immigration Act 2008 and section 10 to the Policing and Crime Act 2009.

(4)

S.I. 2003/527. There are amendments to the Regulations, but none is relevant for these purposes.

(5)

1976 c. 35. Section 11(2) was substituted by section 99 of, and paragraph 132 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

(6)

Cm. 2084.