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Police Service of Northern Ireland Reserve (Part-Time) Regulations 2004

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Regulation 24

SCHEDULEMOTOR VEHICLE ALLOWANCES

1.  For the purposes of regulation 24 and of this Schedule the following expressions have the meanings hereby respectively assigned to them –

“authorised use” means the use, authorised under regulation 24, 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(1);

“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 Chief Constable;

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 Chief Constable 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 Chief Constable 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 has determined appropriate for use for the purposes of the duties normally performed by the member concerned.

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