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Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) Regulations 1996

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Regulation 5

SCHEDULE 1Restrictions on the private life of members

1.  A member shall at all times abstain from any activity which is likely to interfere with the impartial discharge of his duties or which is likely to give rise to the impression amongst members of the public that it may so interfere; and in particular a member shall not take any active part in politics.

2.  A member shall not reside at premises which are not for the time being approved by the chief constable.

3.—(1) A member shall not, without the previous consent of the chief constable, receive a lodger in a house or quarters with which he is provided by the Police Authority or sub-let any part of the house or quarters.

(2) A member shall not, unless he has previously given written notice to the chief constable, receive a lodger in a house in which he resides and in respect of which he receives an allowance under Part II of Schedule 10 or sub-let any part of such a house.

4.  A member shall not wilfully refuse or neglect to discharge any lawful debt.

Regulation 20(4)

SCHEDULE 2Modification for variable shift arrangements

1.  In regulation 18 (normal daily period of duty) there shall be substituted for paragraphs (1) to (3) the following paragraphs—

(1) So far as the exigencies of duty permit, a shift shall consist of one continuous period.

(2) Where in one day a member is on duty for a continuous period of 5 hours or more, time for refreshment shall, so far as the exigencies of duty permit, be allowed in accordance with the Table below:

TABLE

Number of hoursRefreshment time
Less than 6 hours30 minutes
6 hours or more, but less than 7 hours35 minutes
7 hours or more, but less than 8 hours40 minutes
8 hours or more, but less than 9 hours45 minutes
9 hours or more, but less than 10 hours50 minutes
10 hours or more60 minutes

(3) 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..

2.  In regulation 21 (rostering of duties)—

(a)in paragraph (1) omit the word “annual”;

(b)in paragraph (3)—

(i)for the words “the 12 months following the date on which it comes into force” substitute “the period for which it has effect”, and

(ii)in sub-paragraph (c) for the words “his scheduled daily periods of duty are” substitute “each of his shifts is”;

(c)in paragraph (4)(a) for the words “daily periods of duty” substitute “shifts”; and

(d)in paragraph (5) for the words “daily period of duty” substitute “shift”.

3.  In regulation 22 (overtime)—

(a)in paragraph (1)—

(i)in sub-paragraph (a) for the words “his tour of duty” substitute “a rostered shift”,

(ii)in sub-paragraph (b) for the words “tours of duty” substitute “rostered shifts”, and

(iii)in sub-paragraph (c) for the words “a tour of duty” and for the words “his normal daily period of duty” substitute “a rostered shift”;

(b)in paragraph (6) for the word “tour”, wherever occurring, substitute “shift”;

(c)omit paragraph (7)(b);

(d)in paragraph (7)(c) for the words “tours of duty” substitute “shifts”;

(e)in paragraph (7)(d)—

(i)for the words “a rostered tour of duty” substitute “a rostered shift”,

(ii)for the words “begin that tour” substitute “begin that shift”,

(iii)for the words “his normal daily period of duty” substitute “a rostered shift”, and

(iv)for the words “that tour of duty” substitute “that shift”; and

(f)in paragraph (8) in the definition of “due notice” for the words “tour of duty” substitute “shift”.

4.  In regulation 23 (public holidays and rest days) in paragraph (1) after the words “the rate of” insert “not less than” and in paragraph (8)(f) for the words “a normal daily period of duty” substitute “a rostered shift”.

5.  In regulation 24 (travelling time treated as duty) for paragraph (1) substitute—

(1) This regulation applies to a member where—

(a)a shift consists of two separate periods, or

(b)he is recalled to duty between two 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”)..

6.  In regulation 25 (annual leave) omit paragraph (1).

7.  In regulation 40 (subsistence, refreshment and lodging allowances) at the end of paragraph (3) insert “, and references in this regulation to a member’s normal daily period of duty are to be construed as references to a rostered shift”.

8.  In regulation 45 (allowance for recurring escort duty, etc.) for the words “beyond the normal daily period” substitute “after rostered shifts”.

9.  Omit Schedule 3.

Regulation 25(1)

SCHEDULE 3Annual Leave

1.  Subject to regulation 25 and the provisions of this Schedule, every member shall be granted in each leave year the period of leave set out opposite his service as a member in the Table below—

TABLE

Length of serviceAnnual leave
Under 5 years service21 days
5 or more years' service23 days
10 or more years' service26 days
15 or more years' service27 days
20 or more years' service29 days

2.  In the leave year in which a member is appointed to or retires from the force or completes such number of years' service as will entitle him to an increased period of annual leave, his annual leave shall be calculated at the rate of a twelfth of the period of annual leave appropriate, under paragraph 1, to the leave year in question, a fraction of a day being reckoned as a day:

Provided that where a member completes the said number of years' service while completing a month’s service in the leave year in question, he shall be treated for the purposes of this paragraph as if he had completed the said number of years' service at the beginning of that month’s service.

3.  The chief constable may, in his discretion and subject to the exigencies of duty—

(a)notwithstanding anything in paragraphs 1 and 2, where he is satisfied that, in any leave year, the member has not taken the full period of annual leave specified in those paragraphs, grant the member, during the following leave year, additional days of annual leave not exceeding the number of days not taken, so, however, that he shall not exercise his discretion so as to grant more than 5 additional days of annual leave to a member unless he is satisfied that there are exceptional circumstances and that it is in the interests of efficiency to do so;

(b)grant the member not more than 5 additional days of annual leave, to be taken in the last month of the leave year, subject to a corresponding reduction being effected in the member’s period of annual leave under paragraph 1 for the following year.

4.—(1) Subject to sub-paragraph (2), days of annual leave granted under this Schedule may be taken, at the discretion of the chief constable and subject to the exigencies of duty, as a single period, or as single days, or in periods of more than one day, or as half days.

(2) Not more than 3 days of annual leave shall be taken as half days and, where annual leave is so taken, the member—

(a)shall do duty on that day for 4 hours, and

(b)shall not be entitled to be allowed an interval for refreshment such as is mentioned in regulation 18(2).

5.—(1) Where a member has been recalled to duty from a period of absence from duty to which this paragraph applies, he shall be granted, in compensation for being recalled to duty on any day during that period which is a day of annual leave or a day taken off in lieu of overtime—

(a)if he was so recalled to duty for 1 or 2 days (whether or not in the latter case those days form a single period), 2 days' annual leave in lieu of each such day for which he was so recalled; or

(b)if he was so recalled to duty for 3 or more days (whether or not forming a single period), 2 days' annual leave in lieu of each of the first 2 such days for which he was so recalled, and 1½ days' annual leave in lieu of each such day for which he was so recalled thereafter.

(2) This paragraph applies to a period of absence from duty of 3 or more days, where at least one of those days is a day of annual leave and the other days, if not days of annual leave, are rostered rest days, days taken off in lieu of overtime or public holidays (or days taken off in lieu thereof), or any combination thereof.

6.  For the purposes of this Schedule, the expression “leave year” means that period of 12 months beginning on such date as may from time to time be determined by the Police Authority.

Regulation 30(1)

SCHEDULE 4Determination of Pay

The annual pay of a member holding the rank of Reserve Constable shall, subject as hereinafter provided, be determined by reference to his reckonable service in accordance with the scale in the following table—

TABLE

Reckonable serviceAnnual salary with effect as from 31st August 1995Annual salary with effect as from 31st August 1996Annual salary with effect from 31st December 1996
£££
Before completing
1 year of service14,41214,91614,916
After 1 year of service15,64816,19716,689
After 2 years of service17,08217,67917,679
After 3 years of service17,53218,14718,147
After 6 years of service18,14118,77718,777
After 9 years of service18,72619,38019,380
After 12 years of service19,33520,01320,013
After 15 years of service19,89320,58920,589
After 18 years of service20,39721,11121,111
After 21 years of service21,05721,79521,795
After 24 years of service21,82822,59322,593

Regulations 30(3) and 47

SCHEDULE 5Effect of disciplinary action on pay and allowances

1.  Subject to paragraph 3, a member suspended under the Discipline Regulations who—

(a)is detained, in pursuance of a sentence of the court, in a prison or other institution to which the Prison Act (Northern Ireland) 1953(1) applies, or is in custody (whether in prison or elsewhere) between conviction by a court and sentence, or

(b)has absented himself from duty and whose whereabouts are unknown to the chief constable (or a deputy chief constable acting as chief constable),

shall not, by virtue of regulation 30, be entitled to pay in respect of his period in detention or custody or, as the case may be, in respect of the period during which his whereabouts are unknown as aforesaid.

2.  Subject to paragraph 3, a member suspended under the Discipline Regulations shall not, by virtue of Part V, be entitled to any allowance, in respect of the period of suspension, other than an allowance under Part II of Schedule 10.

3.  Where a member returns to duty when the period of suspension comes to an end and—

(a)it has been decided that he shall not be charged with a disciplinary offence, or

(b)he has been so charged and all the charges have been dismissed, or

(c)he has been so charged and has been punished by a reduction in his rate of pay, fine, reprimand or caution,

he shall receive, as from the date of his suspension, the pay to which, but for paragraph 1, and the allowances to which, but for paragraph 2, he would have been entitled by virtue of these regulations.

4.  Where a member is fined under the Discipline Regulations, the fine shall, without prejudice to any other method of recovery, be recoverable by way of deductions from the member’s pay during the period of 13 weeks following the imposition of the fine so, however, that the aggregate sum which may be deducted in pursuance of this paragraph in respect of any one week (whether on account of one or more fines) shall not exceed a seventh of his weekly pay:

Provided that in the event of the member leaving the force, the whole amount of any fine unpaid may be deducted from any pay then due.

Regulation 40(5)

SCHEDULE 6Subsistence, refreshment and lodging allowances

1.—(1) Subject as hereinafter in this Schedule provided, the amount of a subsistence, refreshment or lodging allowance payable under regulation 40 shall be in accordance with such scale as shall be determined by the Secretary of State.

(2) The scales of refreshment allowances shall provide for the allowance payable in respect of one meal and that payable in respect of two meals.

(3) The scales of subsistence allowances shall provide for the allowance payable in respect of a period of retention or engagement on duty of—

(a)over 5 hours but not exceeding 8 hours;

(b)over 8 hours but not exceeding 12 hours;

(c)over 12 hours but not exceeding 24 hours;

(d)over 24 hours.

2.  If a lodging allowance is payable as well as a subsistence allowance in respect of a period of retention or engagement on duty of 16 hours or less, the subsistence allowance shall be of the amount appropriate to a retention or engagement for a period exceeding 8 hours and not exceeding 12 hours.

3.  If the chief constable is satisfied in any particular case that the amount of the allowances calculated in accordance with paragraphs 1 and 2 is not sufficient to cover the actual expenses necessarily incurred, he may authorise payment of the difference.

Regulation 42

SCHEDULE 7Motor vehicle allowances

1.  For the purposes of regulation 42 and of this Schedule the following expressions have the meanings hereby respectively assigned to them—

“authorised use” means the use, authorised under regulation 42, of a motor vehicle owned by the member concerned for the purposes of his duties as a member, and “period of authorised use” means the period during which such use is authorised;

“cylinder capacity” means the cylinder capacity of the engine of a vehicle calculated in accordance with regulations under paragraph 2(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994(2);

“motor bicycle” means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a sidecar);

“motor car” means a mechanically propelled vehicle other than a motor bicycle and, accordingly, includes a mechanically propelled tricycle;

“year” means a period of twelve months beginning on such date as may be determined by the Police Authority;

and a reference to a motor vehicle owned by a member is a reference to such a vehicle kept and used by him.

2.—(1) Subject as hereinafter provided, the amount of a motor vehicle allowance payable at the essential user’s rate shall, in any year, comprise a fixed element and a mileage element, calculated as provided in sub-paragraphs (2) and (3).

(2) The fixed element shall be calculated by reference to the number of completed months comprised in the period of authorised use for the year in question, at such annual rate as is specified by the Secretary of State by reference to the cylinder capacity of the motor car in question.

(3) The mileage element shall be calculated, in relation to authorised use, at such rate as is specified by the Secretary of State by reference to the cylinder capacity of the motor car in question, and for that purpose he may so specify—

(a)a basic rate, in relation to authorised use not exceeding such mileage as is specified by him (“the basic mileage”), and

(b)a reduced rate, in relation to authorised use in excess of the basic mileage.

(4) Where, in any year, a motor vehicle allowance is payable at the essential user’s rate, it shall be payable in such instalments, in advance or in arrear, as the Police Authority may determine; but when the amount of the allowance for that year is finally calculated, any overpayment shall be recoverable.

(5) Where, in any year, a motor vehicle allowance is payable at the essential user’s rate to a member and—

(a)the member is on sick leave or maternity leave, or

(b)the motor car in question is out of order

for a continuous period of four or more weeks in that year, the allowance shall be reduced by such amount as the Police Authority determines as being appropriate in all the circumstances.

(6) Where, in any year, a motor vehicle allowance is payable at the essential user’s rate but the period of authorised use is a fraction only of that year, sub-paragraph (3) shall have effect as if for the reference to the basic mileage there were substituted a reference to the corresponding fraction of that mileage; and, for the purposes of this paragraph, the monthly rate of the fixed element of such an allowance so payable shall be taken to be a twelfth of the annual rate.

3.  The amount of a motor vehicle allowance payable at the casual user’s rate shall, in any year, be an amount calculated, in relation to the mileage of authorised use in that year, at such rate as is specified by the Secretary of State by reference to that mileage and the cylinder capacity of the motor car in question, except that where the amount of the allowance would be less if it were calculated at the essential user’s rate, it shall be of an amount calculated in accordance with paragraph 2.

4.  The amount of a motor vehicle allowance payable to a member shall not exceed that which would be payable if the vehicle in question were of such a cylinder capacity, not being less than 1,000 c.c., as the chief constable, with the approval of the Police Authority, has determined appropriate for use for the purposes of the duties normally performed by the member concerned.

Regulation 43

SCHEDULE 8Dog handler’s allowance

1.  A dog handler’s allowance shall be payable at the annual rate, with effect as from 31st August 1995, of £987 and, with effect as from 31st August 1996, of £1,023.

2.  Where the member keeps and cares for at his home more than one dog owned by the Police Authority, the annual rate of the allowance shall be multiplied by the number of such dogs so kept and cared for.

Regulation 49

SCHEDULE 9Issue of uniform and equipment

1.  The uniform specified in the following Tables for men and women respectively shall be issued in accordance with those Tables, subject to any modifications approved by the Secretary of State:

Provided that where particular duties or the duties of a particular member entail greater or less wear than normal, the issue of any article of uniform may be made as required.

TABLES

MEN

ArticleIssueMaximum number in issue
Jacket1 annually3
Trousers3 pairs every 2 years3
Raincoat1 every 3 years1
Gabardine coat1 every 5 years1
General service coat1 every 6 years1
Caps1 every 18 months2
Cap coverAs required1
Shirts, bush3 annually6
Ties2 annually2
PulloverAs required2
Gloves, leather1 pair every 18 months1 pr
Gloves, whiteAs required1 pr
Belt, trousersAs required1
EpaulettesAs required2
Kapok lining1 every 5 years1
OvertrousersAs required1

WOMEN

ArticleIssueMaximum number in issue
Jacket1 annually3
Skirts3 every 2 years3
SlacksAs required1
Raincoat1 every 3 years1
Gabardine coat1 every 5 years1
General service coat1 every 6 years1
Caps1 every 18 months2
Cap coverAs required1
Blouses3 annually6
Ties2 annually2
PulloverAs required2
Gloves, brown1 pair every 18 months2 prs
Gloves, whiteAs required1 pr
EpaulettesAs required2
Kapok lining1 every 5 years1
Shoulder bagAs required1

2.  Uniform or equipment issued by the Police Authority which is lost or damaged otherwise than owing to the member’s default or is faulty or is ill-fitting shall be replaced or repaired by the Police Authority free of charge:

Provided that this paragraph shall not apply to minor repairs or alterations which can be satisfactorily carried out by the member.

3.  Clothing for particular or specialist duties shall be issued as and when necessary.

4.  Issues of equipment shall be made as circumstances require.

Regulation 53

SCHEDULE 10Revocations and Savings

Part IRevocations

RegulationsReferences
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) Regulations 1988S.R. 1988 No. 36
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1988S.R. 1988 No. 341
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1989S.R. 1989 No. 208
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1990S.R. 1990 No. 75
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 2) Regulations 1990S.R. 1990 No. 83
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 3) Regulations 1990S.R. 1990 No. 434
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 4) Regulations 1990S.R. 1990 No. 436
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1991S.R. 1991 No. 460
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1992S.R. 1992 No. 446
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1993S.R. 1993 No. 208
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 2) Regulations 1993S.R. 1993 No. 465
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1994S.R. 1994 No. 72
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 2) Regulations 1994S.R. 1994 No. 187
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 3) Regulations 1994S.R. 1994 No. 332
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 4) Regulations 1994S.R. 1994 No. 432
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment) Regulations 1995S.R. 1995 No. 118
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 2) Regulations 1995S.R. 1995 No. 339
Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) (Amendment No. 3) Regulations 1995S.R. 1995 No. 401

Part II

SavingsGeneral Interpretation

1.  In this Part, any reference to the 1988 regulations is a reference to the Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) Regulations 1988.

Housing Payments

Interpretation

2.—(1) This paragraph has effect for defining expressions used in this Schedule.

(2) “Qualifying member” means a member who—

(a)immediately before 1st September 1994 was a member of the Royal Ulster Constabulary Reserve or another police force,

(b)was not then on unpaid leave,

(c)has at all times after 31st August 1994 been a member of the Royal Ulster Constabulary Reserve or another police force, and

(d)has not after that date been on unpaid leave.

(3) “Rejoining member” means a member who by reason only of a relevant absence is not a qualifying member.

(4) “Relevant absence” means—

(a)a period of central service or overseas service, or

(b)a period of unpaid leave,

ending after 31st August 1994.

(5) “Housing emoluments” means any one or more of the following kinds of payments under the revoked provisions as they had effect before 1st September 1994—

(a)a housing allowance under regulation 35,

(b)a transitional rent allowance and a transitional supplementary rent allowance under regulation 35B,

(c)a supplementary housing allowance under regulation 36, and

(d)a compensatory grant under regulation 37,

and in relation to a rejoining member includes a rent allowance under regulation 35 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b).

(6) “The revoked provisions” means the provisions of the 1988 regulations relating to housing and housing payments that were revoked on 1st September 1994(3), that is to say regulations 35 to 37.

Qualifying member previously provided with accommodation

3.—(1) A qualifying member who ceases to occupy a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance.

(2) The replacement allowance is, subject to paragraph 8, an allowance at a rate equal to the total of—

(a)the rate at which housing allowance or, as the case may be, transitional rent allowance, was payable, or would have been payable if he had not been occupying the house or quarters, immediately before 1st September 1994, and

(b)the rate at which any allowance under regulation 35(6) or 36(3) was or would have been then payable.

Qualifying member with housing emoluments

4.—(1) A qualifying member who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless he is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.

Rejoining member previously provided with accommodation

5.—(1) A rejoining member who, immediately before the relevant absence began, was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance at the rate at which, if he had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable—

(a)where the relevant absence began before 1st September 1994, immediately before it began, and

(b)in any other case, immediately before 1st September 1994.

Rejoining member previously in receipt of housing payments

6.—(1) A rejoining member who immediately before the relevant absence began was in receipt—

(a)of housing emoluments, or

(b)of a replacement allowance under paragraph 3 or 4,

becomes entitled to a replacement allowance unless he is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance—

(a)where sub-paragraph (1)(a) applies, at the rate at which the housing emoluments were payable, and

(b)where sub-paragraph (1)(b) applies, at the rate at which the previous replacement allowance was payable,

immediately before the relevant absence began.

Member provided with house or quarters

7.  A qualifying member or a rejoining member who—

(a)is provided with a house or quarters free of rent, and

(b)if the revoked provisions had continued in force would have been entitled to an allowance under regulation 35(6) or 36(3) of the 1988 regulations,

is, subject to paragraph 8, entitled to an equivalent replacement allowance.

Variation and termination of replacement allowances

8.—(1) Subject to sub-paragraph (2), in circumstances in which—

(a)a housing allowance or transitional rent allowance payable as mentioned in paragraph 3(2) or 5(2), or

(b)any of the housing emoluments mentioned in paragraphs 4(1), 6(1)(a) and 7

would, if the revoked provisions had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of a discontinuance would have been that no housing emoluments remained payable, terminated.

(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member’s being married to or sharing accommodation with another member appointed after 31st August 1994.

(3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 35A of the 1988 regulations (which provided for biennial adjustment of housing allowances) or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.

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