Police Service of Northern Ireland Regulations 2005

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 police service 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 police service, and

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

(3) Where a member of a police force in Scotland or England and Wales in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to the police service he shall be treated from the date of his transfer as if he were a qualifying member.

(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to the police service he shall be treated from the date of his transfer as if he were a qualifying member.

(5) “Re-joining member” means a member who by reason only of a relevant absence is not a qualifying member.

(6) “Relevant absence” means—

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

(b) a period of relevant service within the meaning of paragraph (b) or (c) of section 27(1) of the Act or any corresponding provision for the time being in force in Scotland or England and Wales, or

(c) a period of unpaid leave,

ending after 31st August 1994.

(7) “Housing emoluments” means a housing allowance paid to members of the British Transport Police Force or 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 40,

(b) a transitional rent allowance and a transitional supplementary rent allowance under regulation 40B,

(c) a supplementary housing allowance under regulation 41,

(d) a compensatory grant under regulation 42,

and in relation to a re-joining member includes a rent allowance under regulation 40 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b).

(8) “The revoked provisions” means the provisions of the 1984 Regulations relating to housing and housing payments that were revoked on 1st September 1994(1), that is to say regulations 40 to 42 and paragraph 4(1) and (2) of Schedule 4.

(1)

By S.R. 1994 No. 331