Police Service of Northern Ireland Regulations 2002

Modification for part-time service

21.—(1) In regulation 2(4) as inserted by paragraph 1 of Schedule 1 to the principal regulations, for “inspector” there shall be substituted “superintendent”.

(2) In regulation 13(4A) as inserted by paragraph 3(b) of Schedule 1 to the principal regulations for “ascertained from Schedule 6” there shall be substituted “determined by the Secretary of State under regulation 36”.

(3) In paragraph 4 of Schedule 1 to the principal regulations—

(a) after “period of duty)” there shall be inserted “for the word “inspector” in paragraph (1) there shall be substituted the word “superintendent”, and”;

(b) in regulation 20(4A) as inserted by paragraph 4—

(i) after “(4)” there shall be inserted “or (4ZA)”;

(ii) for head (b) there shall be substituted—

“(b) if no different number was agreed to by the member, his normal period of duty is the number of hours determined on the last previous review or where no such review has taken place, under paragraph (2).”;

(c) after regulation 20(4A) as inserted by paragraph 4 there shall be inserted—

“(4ZA) In addition to any review required under paragraph (4A), a member or the Chief Constable may require a further review where there has been or is likely to be significant changes in the normal daily period of duty or in the circumstances of the member.

(4ZB) On any review under paragraph (4ZA) the Chief Constable shall have regard to the number of hours actually spent on duty during the interval preceding the review.”,

(d) in regulation 20(4D) as inserted by paragraph 4 for the Table there shall be substituted—

“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, but less than 9 hours	45 minutes
9 hours or more, but less than 10 hours	50 minutes
10 hours or more	60 minutes”

(4) After paragraph 4 of Schedule 1 to the principal regulations, there shall be inserted—

“4A.   In regulation 22(1) for the word “inspector” there shall be substituted “superintendent”.”

(5) In paragraph 5(a) of Schedule 1 to the principal regulations, after head (i)—

“(ia) for “inspector” there shall be substituted “superintendent”, and”.

(6) In paragraph 6 of Schedule 1 to the principal regulations, after regulation 24(2) as inserted by that paragraph, there shall be inserted—

“(2A) In the case of a member working a variable shift arrangement, the number of hours on duty shall be determined by adding together—

(a) the average number of hours the member is contracted to work in the 7 day period referred to in paragraph (2);

(b) the number of hours (if any) the member worked on any rest day falling within that period; and

(c) the number of hours (if any) the member worked on any public holiday falling within that period.”.

(7) In paragraph 7 of Schedule 1 to the principal regulations—

(a) in regulation 25(5D), as inserted by paragraph 7, for “paragraph (5C)”, the shall be substituted “paragraph (5B)(c)”;

(b) after sub-paragraph (c) there shall be inserted—

“(cc) after paragraph (5D), there shall be added—

“(5E) In the case of any member working a variable shift arrangement the number of hours on duty shall for the purposes of paragraph (5C)(a) be determined by adding together—

(a) the average number of hours the member is contracted to work in the week in which the free day occurred;

(b) the number of hours (if any) the member worked on any rest day in that week; and

(c) the number of hours (if any) the member worked on any public holiday within that period.””,

(c) in sub-paragraph (d), at the end of regulation 25(7A) inserted by paragraph 7, there shall be added—

“(7B) Any entitlement of a member arising under paragraphs (6), (7) and (7A) in respect of any day is in addition to any payments due to that member for that day in accordance with regulation 36 (rate of pay).”;

(d) in sub-paragraph (f), in head (i), in sub-paragraph (b) for “one quarter” there shall be substituted “one half”.

(8) Paragraph 11 of Schedule 1 to the principal regulations shall be omitted.

(9) In paragraph 14 of Schedule 1 to the principal regulations—

(a) in the paragraph substituted by sub-paragraph (a), for “ascertained from Schedule 6” there shall be substituted “determined by the Secretary of State under regulation 36”; and

(b) the paragraph inserted by sub-paragraph (b) shall be re-numbered “(1AA)”, and in that paragraph, for “that ascertained from Schedule 6” there shall be substituted “that rate as determined by the Secretary of State under regulation 36”;

(c) at the end there shall be added—

“(c) after paragraph (1B) insert—

“(1C) A member’s rate of pay for days of leave is to be the rate determined by the Secretary of State under paragraph (1)—

(a) reduced in the case of a member who shares a job with another person by one half; and

(b) except in a case to which sub-paragraph (a) refers—

(i) reduced in the case of a constable or sergeant in the proportion that the number of determined hours bears to 40 times the number of weeks in the relevant period; and

(ii) multiplied in the case of a member above the rank of sergeant, by the appropriate factor.” and

(d) in paragraph (4), after sub-paragraph (d) insert—

“(dd) any part-time service shall be taken into account as though it was full-time service.”.”

(10) For paragraph 15 of Schedule 1 to the principal regulations, there shall be substituted—

“15.   In regulation 37 (temporary salary)—

(a) in paragraph (3)—

(i) for “to perform the duties normally performed by a member of the force of a higher rank than his own for 14 complete days” there shall be substituted “for at least 112 hours of complete shifts throughout which he performed the duties normally performed by a member of a higher rank than his own”,

(ii) after “to the higher rank” there shall be inserted “as a full-time member”, and

(b) in paragraph (6) for the words after “below the rank of” there shall be substituted “superintendent, 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 appointed otherwise than under regulation 5.””

(11) Paragraph 17 of Schedule 1 to the principal regulations shall be omitted.

(12) Paragraph 23 of Schedule 1 to the principal regulations shall be omitted.