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Police Service of Northern Ireland Reserve (Full-time) (Appointment and Conditions of Service) Regulations 2002

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Part-time Working

4.—(1) In regulation 4A of the principal Regulations (part-time appointments), after paragraph (1), there shall be inserted the following paragraphs—

(1A) In these Regulations a person appointed to perform part-time service includes a person appointed to share a job with another person.

(1B) A person appointed to perform part-time service may not be appointed to serve as a full-time member without his consent.

(1C) A person appointed to perform part-time service immediately after serving as a full-time member may give notice in writing of his intention to be re-appointed as a full-time member and shall be so appointed—

(a)within one month of the date the notice is received by the Northern Ireland Policing Board, where the authority has a suitable vacancy, or

(b)except where sub-paragraph (a) applies, when 3 months have elapsed since the day the notice was received, or from an earlier date if reasonably practicable..

(2) In regulation 20 of the principal Regulations (variable shift arrangements)—

(a)in paragraph (1) the words “, appointed otherwise than under regulation 4A (part-time appointments)” shall be omitted;

(b)in paragraph (4), at the end there shall be added “but subject in its application to members appointed in accordance with regulation 4A (part-time appointments) to paragraph (5)”;

(c)after paragraph (4), add—

(5) In their application to members appointed in accordance with regulation 5 to whom variable shift arrangements apply—

(a)Schedule 12 shall have effect as if the Table in regulation 18(3D), as substituted by paragraph 3 of that Schedule, was the Table set out in regulation 18(3) as substituted by paragraph 1 of Schedule 2; and

(b)Schedule 2 shall have effect as if paragraph 1 (except to the extent provided by sub-paragraph (a) above), paragraph 2 and paragraph 3 of that Schedule were omitted..

(3) In regulation 30 (rate of pay), paragraph 2A shall be omitted.

(4) Schedule 12 to the principal Regulations shall be amended in accordance with the following provisions of this regulation and in those provisions a reference to a paragraph number is, except where the context otherwise requires, a reference to the paragraph of that Schedule bearing that number.

(5) In regulation 2(3) of the principal Regulations, inserted by paragraph 1, for the word “inspector” there shall be substituted the word “superintendent”.

(6) In paragraph 3 in the paragraph substituted by sub-paragraph (b), for the words “ascertained from Schedule 4” there shall be substituted “determined by the Secretary of State in accordance with regulation 30”.

(7) In paragraph 4—

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

(b)in regulation 18(3A)—

(i)after “(3)” insert “or (3ZA)”, and

(ii)for head (b), substitute—

(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 (1).,

(c)after regulation 18(3A), insert—

(3ZA) In addition to any review required under paragraph (3A), a member or the chief officer 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.

(3ZB) On any review under paragraph (3ZA) the chief officer shall have regard to the number of hours actually spent on duty during the interval preceding the review.,

(d)in regulation 18(3D) for the Table there shall be substituted the following Table:

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

(8) After paragraph 4, there shall be inserted the following paragraph—

4A.  In regulation 20(1) for “inspector” substitute “superintendent”..

(9) In paragraph 5(a) after head (i) there shall be inserted the following head—

(ia)for “inspector” substitute “superintendent”, and.

(10) In paragraph 6, after regulation 22(2), insert—

(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..

(11) In paragraph 7—

(a)in sub-paragraph (c), in regulation 23(4D), for “paragraph (4C)”, substitute “paragraph (4B)(c)”,

(b)after sub-paragraph (c) insert—

(cc)after paragraph (4D), add—

(4E) In the case of any member working a variable shift arrangement the number of hours on duty shall be for the purposes of paragraph (4C)(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 23(6A), add—

(6B) Any entitlement of a member arising under paragraphs (5), (6) and (6A) in respect of any day is in addition to any payments due to that member for that day in accordance with regulation 30 (rate of pay)..

(d)in sub-paragraph (f), in head (i), in sub-paragraph (b) for “one quarter” substitute “one half”.

(12) Paragraph 9 shall be omitted.

(13) In paragraph 12,

(1) in the paragraph substituted by sub-paragraph (a), for the words “ascertained from Schedule 4” there shall be substituted “determined by the Secretary of State in accordance with regulation 30”.

(2) at the end, there shall be added the following sub-paragraphs—

(b)after paragraph (1A) insert—

(1B) A member’s rate of pay for days of leave is to be the rate determined by the Secretary of State in accordance with this regulation—

(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

(c)after paragraph (3), there shall be added the following paragraph—

(4) For the purposes of this regulation, in reckoning a member’s service in any rank any part-time service shall be taken into account as though it was full-time service..

(14) Paragraph 14 shall be omitted.

(15) Paragraph 17 shall be omitted.

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