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Police Trainee Regulations (Northern Ireland) 2001

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Regulation 17

SCHEDULE 1Pay: Reckonable Service

Part IPrevious Service Included in Police Trainee Service

1.  Any period of service completed by a person in any rank in the Police Service of Northern Ireland.

2.  Any period of service completed by a person in any rank in a police force in Great Britain.

3.  Any period of service completed by a person in any rank in a constabulary mentioned in regulation 39(2)(1) of the principal regulations (service in the Ministry of Defence Police or Port of Tilbury Constabulary).

4.  Any period of service such as is mentioned in regulation 41(1)(a) or (c) of the principal regulations (overseas police service).

Part IIPrevious Service in the Police Service of Northern Ireland Reserve

5.—(1) Where a person has completed any service in any rank in the Police Service of Northern Ireland Reserve, being—

(a)service on a full-time basis, or

(b)part-time service which he was appointed to perform under section 4A of the Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) Regulations 1996(2).

the period mentioned in regulation 17(2) shall be calculated as follows.

(2) Determine from the annual rates of pay payable to constables in the Police Service of Northern Ireland in accordance with the principal regulations—

(a)which annual rate is equal to the relevant reserve pay, or

(b)if none is equal, which of the annual rates exceeding the relevant reserve pay is closest to it, or

(c)if none equals or exceeds the relevant reserve pay, which of the annual rates is highest.

(3) Determine the period of service in the rank of constable for which the annual rate determined under sub-paragraph (2) is payable.

(4) Include the period mentioned in sub-paragraph (3) in the period of service completed by the police trainee.

6.—(1) In this Part of this Schedule the “relevant reserve pay” means, in relation to any person, the annual rate of normal basic pay (excluding any allowance for overtime, any other allowance and the effect of any temporary promotion) which would be payable on the relevant day to a constable in the Police Service of Northern Ireland Reserve whose service therein—

(a)was of the same length as the service of that person, and

(b)was on a full-time basis.

(2) In this Part of this Schedule the “relevant day” means, in relation to any person, the day on which that person begins service as a police trainee.

Part IIIPrevious Service outside the United Kingdom

7.—(1) Where a person has completed any service (not falling within paragraph 4 of Part I of this Schedule) in a police force in a country or territory outside the United Kingdom, the period mentioned in regulation 17(3) shall be calculated as follows.

(2) Convert the relevant pay into sterling using the rate of exchange prevailing on the relevant day.

(3) Take the amount in sterling determined under sub-paragraph (2) (“the sterling equivalent”) and determine from the annual rates of pay payable to constables in the Police Service of Northern Ireland in accordance with the principal regulations—

(a)which annual rate is equal to the sterling equivalent, or

(b)if none is equal, which of the annual rates exceeding the sterling equivalent is closest to it, or

(c)if none equals or exceeds the sterling equivalent, which of the annual rates is highest.

(4) Determine the period of service in the rank of constable for which the annual rate determined under sub-paragraph (3) is payable.

(5) Include the period mentioned in sub-paragraph (4) in the period of service completed by the police trainee.

8.—(1) In this Part of this Schedule the “relevant pay” means, in relation to a person who has served in a police force in a country or territory outside the United Kingdom, the annual rate of normal basic pay (excluding any allowances) which would have been payable on the relevant day to that person had he been serving in that force on that day.

(2) For the purposes of sub-paragraph (1) as it applies in relation to a person who has served in a police force, it shall be assumed—

(a)that he was serving on a full-time basis,

(b)that the length of his period of service as reckoned for the purposes of pay as a member of that force is equal to the length of the period which he had completed on the date on which he in fact left that force, and

(c)where that force has different ranks, that he was serving in the lowest rank in which service of that length can be completed,

and where it is necessary to make an assumption about any other factor to determine the rate of pay which would have been payable to that person on the relevant day, the assumption shall be made by the Chief Constable.

(3) In this Part of this Schedule the “relevant day” means, in relation to any person, the day on which that person begins service as a police trainee.

Regulation 28

SCHEDULE 2Pensions

Pensions regulations

1.  The regulations referred to in regulation 28 are—

(a)the Royal Ulster Constabulary Pensions Regulations 1988(3),

(b)the Royal Ulster Constabulary (Injury Benefit) Regulations 1988(4),

(c)the Royal Ulster Constabulary (Purchase of Increased Benefits) Regulations 1988(5), and

(d)the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993(6),

and the modifications referred to in regulation 28(a) are set out in the remaining paragraphs of this Schedule (the general modifications in paragraphs 2 to 6 being subject to paragraphs 7 to 22).

General modifications

2.  For any reference in those regulations to a member of the force, except in regulations A11(2), G5(3)(a)(7) and H5(2) of the Royal Ulster Constabulary Pensions Regulations 1988, substitute a reference to a police trainee.

3.—(1) Subject to sub-paragraph (2), for any reference in those regulations to service in the force—

(a)if it is a reference to a person joining or re-joining the force substitute a reference to a person respectively becoming a police trainee or becoming a police trainee again,

(b)if it is a reference to a person ceasing to serve as a member or leaving the force substitute a reference to a person ceasing to serve as a police trainee without being appointed as a member of the Police Service of Northern Ireland,

(c)if it is a reference to a person continuing to serve as a member substitute a reference to that person being appointed to the rank of constable in the Police Service of Northern Ireland on completion of his service as a police trainee, and continuing to serve as a member of that service, and

(d)in the case of any other reference to service as a member substitute a reference to service as a police trainee.

(2) In the case of a police trainee who has served as a member of the force before becoming a police trainee, any reference in those regulations to service in, or retirement from, the force before last joining or rejoining the force shall continue to refer to that previous service as well as having the meaning given by the modifications set out in sub-paragraph (1).

4.  For any reference in those regulations to the Police Authority for Northern Ireland substitute a reference to the Chief Constable.

5.  For any reference in those regulations to an injury received in the execution of duty by a member substitute a reference to an injury received as a consequence of a person’s service as a police trainee within the meaning of regulation A10 of the Royal Ulster Constabulary Pensions Regulations 1988 as modified by this Schedule.

6.  For any reference in those regulations to the principal regulations or the 1988 regulations substitute a reference to the Royal Ulster Constabulary Pensions Regulations 1988 as modified by this Schedule.

Royal Ulster Constabulary Pensions Regulations 1988

7.  In regulation A9(2)(d) of the Royal Ulster Constabulary Pensions Regulations 1988 (aggregate pension contributions for purposes of awards) for “has transferred to the force from a police force in Great Britain” substitute “has become a police trainee on leaving a police force in Great Britain for that purpose”.

8.  For regulation A10(1) and (2) of the Royal Ulster Constabulary Pensions Regulations 1988 substitute—

(1) For the purposes of these regulations an injury shall be treated as received as a consequence of a person’s service as a police trainee if—

(a)the police trainee concerned received the injury while attending training or while on a journey necessary to enable him to attend training or return home after training, or

(b)he would not have received the injury had he not been known to be a police trainee, or

(c)the Chief Constable is of the opinion that the preceding condition may be satisfied and that the injury should be treated as one received as aforesaid.;

9.  In regulation A14(2) of the Royal Ulster Constabulary Pensions Regulations 1988 (transfers) for “having transferred from a police force in Great Britain” substitute “leaving a police force in Great Britain for the purpose of becoming a police trainee”.

10.  In regulation A15 of the Royal Ulster Constabulary Pensions Regulations 1988 (retirement) in sub-paragraph (1) for the words from “includes” to “but does not include” substitute “is a reference to a police trainee ending his period of service under regulation 6(2) of the Police Trainee Regulations (Northern Ireland) 2001 or under regulation A16, A17 or A18, and does not include a reference to the period of service of a police trainee being terminated under any other provision of the Police Trainee Regulations (Northern Ireland) 2001 or a reference to a police trainee being appointed to the rank of constable in the Police Service of Northern Ireland on completion of his service as a police trainee or”.

11.  For any reference in the Royal Ulster Constabulary Pensions Regulations 1988 to a person being dismissed substitute a reference to the period of service of a police trainee being terminated under the Police Trainee Regulations (Northern Ireland) 2001.

12.  In regulation E3A(3)(b)(8) of the Royal Ulster Constabulary Pensions Regulations 1988 (lump sum death grant — widows and widowers) for “absent from duty without pay” substitute “absent from training without pay”.

13.  In regulation E10 of the Royal Ulster Constabulary Pensions Regulations 1988 (determination of amount of widow’s or child’s flat-rate award and increase thereof by reference to the Pensions (Increase) Act 1971)—

(a)for paragraph (2) substitute—

(2) In the case of a widow’s pension the appropriate sum for the purposes of this regulation shall be, subject to paragraph (3), £29·05.,

(b)in paragraph (3) for “Each of the sums” substitute “The sum”, and

(c)for paragraph (4) substitute—

(4) In the case of a child’s allowance the appropriate sum for the purposes of this regulation shall be £9·55..

14.  In regulation F3(9) of the Royal Ulster Constabulary Pensions Regulations 1988 (previous service reckonable without payment)—

(a)for paragraph (1)(a) substitute—

(a)where he became a police trainee on leaving a police force in Great Britain for that purpose, any period of pensionable service reckonable by him, immediately before leaving that force, for the purposes of the legislation for the time being in force relating to the pensions of regular policemen in Great Britain;, and

(b)in paragraph (2) for “transferred as mentioned in paragraph (1)(a)” substitute “to whom paragraph (1)(a) applies became a police trainee”.

15.  In regulation I4 of the Royal Ulster Constabulary Pensions Regulations 1988 for “returning to duty” substitute “returning to training”.

16.  In regulation K1(3) of the Royal Ulster Constabulary Pensions Regulations 1988 substitute—

(3) If the person concerned within the period referred to in paragraph (2) offers to become a police trainee again, he shall be permitted to do so.

17.  In the Royal Ulster Constabulary Pensions Regulations 1988 omit Part M (auxiliary members).

18.  In Part III of Schedule C to the Royal Ulster Constabulary Pensions Regulations 1988 (widow’s accrued pension) in paragraph 3(1)(10) omit the words “by reference to the rank held by her husband”.

19.  In Part I of Schedule D to the Royal Ulster Constabulary Pensions Regulations 1988 (children’s ordinary allowance) in paragraph 5 omit the words “by reference to the rank held by the relevant parent”.

Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993

20.  For “pensionable member” where it appears in the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993 substitute “pensionable police trainee”.

21.  For the definition of “pensionable member” in regulation 2(2) of the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993 substitute—

“pensionable police trainee” means a police trainee by whom contributions are for the time being payable under regulation G2 of the 1988 regulations;.

22.  In paragraph 5(2) of Schedule 2 to the Royal Ulster Constabulary Pensions (Additional Voluntary Contributions) Regulations 1993 (benefit limits: definitions) for “as a regular member within the meaning of the 1988 Regulations” substitute “as a police trainee”.

(1)

Regulation 39 was amended by S.R. 1997 No. 362 reg. 4

(2)

S.R. 1996 No. 564; Regulation 4A was inserted by S.R. 2001 No. 80

(7)

Regulations G4 and G5 were substituted by S.R. 1990 No. 411 reg. 6(17)

(8)

Regulation E3A was inserted by S.R. 1993 No. 327

(9)

Regulation F3 was amended by S.R. 1997 No. 259 reg. 6(2) and S.R. 1998 No. 240 reg. 3(2)

(10)

Paragraph 3(1) was amended by S.R. 1990 No. 411 reg.6(21)

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