Regulation 5(6)
SCHEDULE 1Modification for part-time service
1. In regulation 2 (meanings assigned to certain expressions, etc.) there shall be inserted after paragraph (3) the following paragraphs—
“(4) In relation to a member below the rank of inspector—
(a)“the determined hours” are the number of hours which the chief constable has determined, under regulation 20(2) or (4A)(a), as his normal period of duty in a relevant period,
(b)“a relevant period” is a period for which a duty roster relating to him has effect, for the time being, under regulation 23, and
(c)“the appropriate factor” is
where—
A is the number of the determined hours, and
B is 40 times the number of weeks in the relevant period.
(5) In relation to a member above the rank of sergeant, the appropriate factor is ½.”.
2. In regulation 12 (probationary service in the rank of constable)—
(a)in paragraph (1) the words after “constable” shall be omitted;
(b)in paragraph (2) there shall be substituted for the words after “this regulation applies” the words “may be required to serve on probation for such period, not exceeding 2 years and 6 months, as the chief constable determines in the circumstances of a particular case.”; and
(c)paragraphs (3) and (4)(c) shall be omitted.
3. In regulation 13 (discharge of probationer)—
(a)in paragraph (1) there shall be substituted for the words “his period” the words “any period”; and
(b)there shall be inserted after paragraph (4) the following paragraph—
“(4A) For the purposes of this regulation a month’s pay is to be calculated by multiplying one-twelfth of the annual rate ascertained from Schedule 6 by the appropriate factor.”.
4. In regulation 20 (normal daily period of duty) for paragraphs (2) to (4) there shall be substituted the following paragraphs—
“(2) The normal period of duty, in every relevant period, of a member to whom this regulation applies, which is to be performed in accordance with general arrangements made by the chief constable, after consulting the Police Authority and the Police Association, is, subject to paragraph (4A), the total number of hours determined by the chief constable with the agreement of the member at the time of his appointment.
(3) For the purposes of paragraph (2) a day of annual leave counts as a period of duty of 8 hours multiplied by the appropriate factor.
(4) The chief constable shall review a member’s normal period of duty at intervals of not more than 52 weeks, and in doing so shall have regard to the number of hours actually spent on duty during the interval preceding the review.
(4A) After a review under paragraph (4)—
(a)any number of hours different from that determined under paragraph (2) which was determined by the chief constable and agreed to by the member becomes the member’s normal period of duty, and
(b)if no different number was agreed to by the member, his normal period of duty is the number of hours determined under paragraph (2).
(4B) The number of hours determined under paragraph (2) or (4A)(a) must not be less than 16 times the number of weeks in the relevant period.
(4C) As far as the exigencies of duty permit, a shift shall consist of one continuous period.
(4D) Where in one day a member is on duty for a continuous period of 5 hours or more, an interval for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the Table below.
TABLE
| Number of hours | Refreshment interval |
|---|---|
| Less than 6 hours | 30 minutes |
| 6 hours or more, but less than 7 hours | 35 minutes |
| 7 hours or more, but less than 8 hours | 40 minutes |
| 8 hours or more | 45 minutes |
(4E) Where a shift consists of two periods, amounting in total to 5 hours or more, and the member does not travel to and from his home between those periods, an interval for refreshment and rest shall normally be included at the beginning or end of one of them.”.
5. In regulation 23 (rostering of duties)—
(a)in paragraph (1)—
(i)the word “annual” shall be omitted, and
(ii)after sub-paragraph (b) there shall be inserted the following sub-paragraph—
“and
(c)a reference to a free day is to be construed as a reference to a day which is not—
(i)a day on which a shift is, according to the duty roster, to begin or end, or
(ii)a rostered rest day, or
(iii)a public holiday.”;
(b)in paragraph (2) after the word “roster” there shall be inserted the words “(except one relating to a member who has agreed with the chief constable on a different period) shall have effect for a period of 12 months, and”;
(c)in paragraph (3)—
(i)for the words “the 12 months following the date on which it comes into force” there shall be substituted the words “the period for which it has effect”,
(ii)after sub-paragraph (a) there shall be inserted—
“(aa)his free days;”, and
(iii)in sub-paragraph (c) for the words “his scheduled daily periods of duty are” there shall be substituted the words “each of his shifts is”;
(d)in paragraph (4)—
(i)in sub-paragraph (a) for the words “daily periods of duty” there shall be substituted the words “shifts”, and
(ii)in sub-paragraph (b) before the words “an interval” there shall be inserted the words “unless he has agreed with the chief constable on a longer interval,”; and
(e)in paragraph (5) for the words “daily period of duty” there shall be substituted the word “shift”.
6. For regulation 24 (overtime) there shall be substituted the following regulation—
“24.—(1) This regulation applies to a member below the rank of inspector.
(2) A member who has been on duty for more than 40 hours in any period of 7 days, beginning with such day as is fixed for the purposes of this regulation by the chief constable (a “relevant week”), is entitled, in respect of any day during that period in which he has been on duty for more than 8 hours (a “long-duty day”), to an allowance at the rate of one-twelfth of an hour’s pay for each completed 15 minutes in excess of 8 hours, except that on each of the first 4 occasions on which overtime, which the member was not told at the beginning of the shift would be required, is worked during a relevant week, 30 minutes of the overtime worked is to be disregarded.
(3) A member may, before the end of a pay period (that is to say, a period comprising one of the intervals between payments under regulation 46), elect to be granted time off, instead of an allowance under paragraph (2), in respect of any long-duty day that occurred during a relevant week ending within the pay period.
(4) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (3) the chief constable shall, within 3 months after the end of the relevant week, grant him time off equal to the total of—
(a)the time in excess of 8 hours spent on duty in the day, or as the case may be in each of the days, in respect of which the election was made, and
(b)15 minutes in respect of each completed 45 minutes of that time.
(5) Any time counting for the purposes of regulation 36 (rate of pay) as time spent on duty, except—
(a)time for which an allowance is received under paragraph (7) or under regulation 25 or 57, and
(b)any period of less than 30 minutes worked during the first 30 minutes after the end of a rostered shift, except a period of 15 minutes which the member was told at the beginning of the shift would be required,
counts as time spent on duty for the purposes of paragraph (2).
(6) For the purposes of paragraph (2) a period of duty—
(a)which resulted from a member’s being recalled and returning to duty between two rostered shifts, and
(b)the length of which, after deducting any travelling time counting as a period of duty by virtue of regulation 28, was less than 4 hours,
counts as a period of duty lasting for the aggregate of 4 hours and any period counting by virtue of regulation 28.
(7) Where the time at which a member is required to commence a rostered shift is brought forward—
(a)without giving him notice 8 hours or more before the new commencement time, and
(b)so that he is required to commence that shift on the day on which his previous shift ended,
he is entitled to an allowance at the rate of one-twelfth of an hour’s pay for each completed 15 minutes of the time for which he is on duty before the rostered commencement time.
(8) A member who has become entitled to an allowance under paragraph (7) may, before the end of the pay period during which the day on which he was required to commence the shift occurred, elect to be granted time off instead of the allowance.
(9) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (8) the chief constable shall, within 3 months after the date of election, grant him time off equal to one and one-third times the number of completed quarters of an hour for which he was on duty before the rostered commencement time.
(10) Where—
(a)on any day on which he has a rostered shift a member has been on duty for a period exceeding the length of that shift, and
(b)he is not entitled in respect of that day to any allowance under paragraph (2) or (7),
he may, not later than 4 days after the end of the relevant week in which the day in question occurred, elect to be granted time off in respect of the excess over the length of the shift (“the excess period”).
(11) For the purposes of paragraphs (2) and (10) a continuous period of duty which began before and ended after the beginning of a day shall—
(a)if the day on which it ended was not—
(i)a public holiday,
(ii)a rostered rest day, or
(iii)a free day,
in respect of which he became entitled to an allowance under regulation 25, be treated as having fallen wholly within, and
(b)in any other case, be treated as having consisted only of so much of the period as fell within,
the day on which the period began.
(12) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (10), the chief constable shall, within 3 months after the date of the election, grant him time off equal to the excess period.
(13) For the purpose of regulation 36 (rate of pay), any extra period of duty in respect of which time off is granted under paragraph (4) or (9) counts as one and one third times the number of completed quarters of an hour comprised in the extra period of duty, and a period falling within paragraph (6)(a) and (b) counts as one of 4 hours.”.
7. In regulation 25 (public holidays and rest days for ranks below inspector)—
(a)in paragraph (4) for the words “a day’s pay” there shall be substituted the words “the member’s hourly rate of pay calculated in accordance with regulation 36”;
(b)in paragraph (5)—
(i)for the words “one sixteenth” there shall be substituted the words “one quarter”, and
(ii)for the words “three sixty-fourths” there shall be substituted the words “one eighth”;
(c)there shall be inserted after paragraph (5) the following paragraphs—
“(5A) A member who—
(a)is required to do duty on a free day, and
(b)receives less than 15 days' notice of the requirement,
shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.
(5B) This paragraph applies where—
(a)a member is required to do duty on a free day, and
(b)he receives less than 15 days' notice of the requirement, and
(c)the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to have been done by any other member.
(5C) Where paragraph (5B) applies—
(a)if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (6)(a) or (b)) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed period of 15 minutes of duty done on the free day, and
(b)in any other case, he is entitled to time off equal to the total length of those periods.
(5D) Where—
(a)a member is required to do duty on a free day, and
(b)he receives less than 15 days' notice of the requirement,
but paragraph (5C) does not apply, he is entitled to an allowance at the appropriate rest-day rate.”;
(d)after paragraph (7) there shall be inserted the following paragraph—
“(7A) A member who is required to do duty on a free day may within 28 days of that day elect to receive—
(a)in lieu of an allowance under paragraph (5C)(a), time off equal to one and one-third times, and
(b)in lieu of an allowance under paragraph (5D), time off equal to one and one-half times,
the period of completed quarters of an hour of duty done on the free day,”;
(e)in paragraph (8)—
(i)after the words “rostered rest day” there shall be inserted the words “or on a free day”,
(ii)after the words “paragraph (7)” there shall be inserted the words “or (7A)”, and
(iii)after the words “as the case may be” there shall be inserted the words “paragraph (5C) or (5D) or”;
(f)in paragraph (9)—
(i)for sub-paragraph (b) there shall be substituted the following sub-paragraph—
“(b)“the appropriate rate” is, for each completed 15 minutes of duty done on a public holiday, one quarter of the member’s hourly rate of pay calculated in accordance with regulation 36;”,
(ii)sub-paragraph (c) shall be omitted, and
(iii)in sub-paragraphs (f) and (g) after the words “rostered rest day”, wherever occurring, there shall be inserted the words “or a free day”, and in sub-paragraph (f) for the words “a normal daily period of duty” there shall be substituted the words “a rostered shift”;
(g)in paragraph (10) after the words “rostered rest day”, wherever occurring, there shall be inserted the words “or a free day”; and
(h)after paragraph (10) there shall be inserted the following paragraph—
“(11) For the purposes of regulation 36 (rate of pay)—
(a)a day’s leave allowed under paragraph (2) and a day off granted under paragraph (6)(a) or under paragraph (10) in respect of a public holiday each count as a period of duty of 8 hours multiplied by the appropriate factor, and
(b)so much of any time off granted under paragraph (7A) or (8) as exceeds the time spent on duty on the public holiday, rest day or free day counts as time spent on duty.”.
8. In regulation 26 (public holidays and rest days for inspectors and chief inspectors) there shall be substituted—
(a)in paragraph (2) for the words after “be granted” the words “in each week the number of rest days arrived at by multiplying the appropriate factor by two”; and
(b)in paragraph (3)(b) for the words after “any week of” the words “the number of rest days arrived at by multiplying the appropriate factor by two”.
9. In regulation 27 (public holidays and monthly leave days for ranks above chief inspector)—
(a)in paragraph (2) after the words “each month” there shall be inserted the words “the amount of leave arrived at by multiplying by the appropriate factor”; and
(b)in paragraph (3)—
(i)for the words “eight monthly leave days” there shall be substituted the words “the amount of leave arrived at by multiplying 8 days by the appropriate factor”, and
(ii)for the words after “permit” there shall be substituted the words “be allowed a day’s leave in lieu of any day on a public holiday not allowed (or as the case may be) be granted the balance of monthly leave as additional monthly leave”.
10. In regulation 28 (travelling time treated as duty)—
(a)for paragraph (1) there shall be substituted the following paragraph—
“(1) This regulation shall apply to a member where—
(a)a shift consists of two separate periods, or
(b)he is recalled to duty between shifts,
and he travels to and from his home between those periods or, as the case may be, in consequence of his recall (in this regulation referred to as “relevant travelling”),”; and
(b)in paragraph (3) for the words from “overtime” to “thereof)” there shall be substituted the words “duty for the purposes of regulation 24, regulation 25 (except paragraph (9)(f) or regulation 36)”.
11. In regulation 30 (annual leave)—
(a)in paragraph (1) after the words “Schedule 4” there shall be inserted the words “, except that in the case of a member above the rank of sergeant any period of leave calculated in accordance with Schedule 4 is to be multiplied by the appropriate factor”; and
(b)after paragraph (1) there shall be inserted the following paragraph—
“(1A) In the case of a member below the rank of inspector, each day of annual leave granted counts for the purposes of regulation 36 (rate of pay) as a period of duty of 8 hours multiplied by the appropriate factor.”.
12. In regulation 31 (sick leave) after paragraph (2) there shall be inserted the following paragraph—
“(3) While a member below the rank of inspector is entitled under this regulation to be absent from duty, any rostered shift counts for the purposes of regulation 36 (rate of pay) as a period of duty of the same duration.”.
13. In regulation 34 (paternity leave) after paragraph (3) there shall be inserted the following paragraph—
“(4) In the case of a member below the rank of inspector, each day of paternity leave granted counts for the purposes of regulation 36 (rate of pay) as a period of duty of 8 hours multiplied by the appropriate factor.”.
14. In regulation 36 (rate of pay)—
(a)for paragraph (1) there shall be substituted the following paragraph—
“(1) A member below the rank of inspector shall be paid for time spent on duty at an hourly rate calculated by multiplying the annual rate ascertained
from Schedule 6 by
and
(b)after paragraph (1) there shall be inserted the following paragraph—
“(1A) A member above the rank of sergeant shall be paid at an annual rate calculated by multiplying that ascertained from Schedule 6 by the appropriate factor.”.
15. In regulation 37 (temporary salary)—
(a)in paragraph (3)—
(i)after the words “performed by a” there shall be inserted the words “full-time”, and
(ii)after the words “pay of the” there shall be inserted the words “person appointed as a full-time”;
(b)in paragraph (6)—
(i)after the words “performed by a” there shall be inserted the words “full-time”, and
(ii)after the words “to the higher rank” there shall be inserted the words “as a full-time member”; and
(c)in paragraph (11) for the words after “inspector” there shall be substituted the words “the period that would constitute his normal daily period of duty if he were a full-time member, and “full-time member” means a member of the force appointed otherwise than under regulation 5.”.
16. In regulation 43 (pay during maternity leave) after paragraph (3) there shall be inserted the following paragraph—
“(4) A woman member below the rank of inspector who satisfies the conditions in paragraph (2) is to be treated for the purposes of regulation 36 (rate of pay) as having been on duty for the number of hours determined by multiplying the number of her determined hours by the length in days of the paid leave period and dividing the result by the length in days of the relevant period.”.
17. In regulation 49 (removal allowance) after paragraph (5) there shall be inserted the following paragraph—
“(5A) Every sum of money specified in paragraphs (6) to (8) is to be multiplied by the appropriate factor.”.
18. In regulation 50 (plain clothes allowance) in paragraph (1)—
(a)for the words “for a continuous period of not less than a week” there shall be substituted the words “on 7 or more consecutive days”; and
(b)after the word “determined” there shall be inserted the words “(regard being had to the appropriate factor)”.
19. In regulation 51 (detective expenses allowance)—
(a)in paragraph (1) for the words “for a period of not less than a week” there shall be substituted the words “on 7 or more consecutive days”; and
(b)after paragraph (1) there shall be inserted the following paragraph—
“(1A) The rates specified in paragraphs (2) and (3) as the rates of allowance under this regulation are to be multiplied by the appropriate factor.”.
20. In regulation 52 (subsistence, refreshment and lodging allowances) at the end of paragraph (3) there shall be inserted the words
“, and, in relation to a member below the rank of inspector, references in this regulation to his normal daily period of duty are to be construed as references to–
(i)a period of duty lasting 8 hours, or
(ii)periods of duty performed in one day amounting in total to 8 hours”.
21. In Schedule 5 (university scholars) in paragraph 3(2) for the words “the rate of” there shall be substituted the words “the rate obtained by multiplying by the appropriate factor”, and the words after “a year” shall be omitted.
22. In Schedule 7 (effect of disciplinary action on pay and allowances) in paragraph 4—
(a)after the words “13 weeks” there shall be inserted the words “multiplied by the reciprocal of the appropriate factor”; and
(b)after the words “weekly pay” there shall be inserted the words “multiplied by the appropriate factor”.
23. In Schedule 9 (motor vehicle allowances) after paragraph 2(2) there shall be inserted the following paragraph—
“(2A) The fixed element calculated in accordance with sub-paragraph (2) shall be multiplied by the appropriate factor.”.
24. In Part II of Schedule 12 (revocations and savings) after paragraph 8 there shall be added the following paragraph—
“Modification for part-time service
9.—(1) This paragraph applies to a qualifying or a rejoining member appointed pursuant to regulation 5 to perform part-time service.
(2) Where such a member as is mentioned in sub-paragraph (1) is entitled to a replacement allowance under paragraphs 2 to 6, the allowance shall be multiplied by the appropriate factor.”.