2008 No. 477
The Police Service of Northern Ireland (Promotion) Regulations 2008
Made
To be laid before Parliament
Coming into operation
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 25 and 72(2) of the Police (Northern Ireland) Act 19981. In accordance with section 25(8) of that Act he has consulted the Northern Ireland Policing Board and the Police Association for Northern Ireland before making these Regulations.
Citation and CommencementI11
These Regulations may be cited as the Police Service of Northern Ireland (Promotion) Regulations 2008 and shall come into operation on 31st December 2008.
InterpretationI22
In these Regulations—
“the 1995 Regulations” means the Royal Ulster Constabulary (Promotion) Regulations 19952;
“examinations agency” means such body or persons as may be appointed by the Chief Constable for the purposes of these Regulations;
“examinations board” means the board appointed by the Chief Constable for the purposes of these Regulations;
F1“FT Programme” has the same meaning as in the Police (Promotion) Regulations 1996;
“HPD Scheme” has the same meaning as in the Police (Promotion) Regulations 19963;
“member” means a member of the Police Service of Northern Ireland;
F1“qualifying assessment” means an assessment recognised by the Chief Constable for use in the FT Programme;
“selection examination for promotion to the rank of sergeant” and “selection examination for promotion to the rank of inspector” have the meanings assigned to them by paragraph 1(1) of the Schedule.
Revocation and Transitional ProvisionsI33
1
The 1995 Regulations are revoked.
2
This paragraph applies to any member who—
a
immediately before the coming into operation of these Regulations—
i
is qualified for promotion to the rank of sergeant; and
ii
has not been promoted to that rank; or
b
passes the qualifying examination for promotion to the rank of sergeant held in 2008 under the 1995 Regulations and is otherwise qualified for promotion to the rank of sergeant.
3
A member to whom paragraph (2) applies may be promoted to sergeant during the period ending on 31st December 2010 without undertaking a selection examination for promotion to that rank.
4
This paragraph applies to any member who—
a
immediately before the coming into operation of these Regulations—
i
is qualified for promotion to the rank of inspector;
ii
has not been promoted to that rank; or
b
passes the qualifying examination for promotion to the rank of inspector held in 2008 under the 1995 Regulations and is otherwise qualified for promotion to the rank of inspector.
5
A member to whom paragraph (4) applies may be selected for promotion to the rank of inspector during the period ending on 31st December 2010 without undertaking a selection examination for promotion to that rank.
Qualifications for PromotionI44
1
F2Subject to paragraph (2A), a constable (“C”) to be qualified for promotion to the rank of sergeant shall have completed C’s probationary period in the rank of constable.
2
F3Subject to paragraph (2B), a sergeant (“S”) to be qualified for promotion to the rank of inspector shall have completed S’s probationary period in the rank of sergeant.
F42A
A constable participating in the FT Programme is qualified for promotion to the rank of sergeant if he has obtained a pass in the qualifying assessment for promotion to the rank of sergeant.
2B
A sergeant participating in the FT Programme is qualified for promotion to the rank of inspector if he has obtained a pass in the qualifying assessment for promotion to the rank of inspector (including where part of that pass was obtained whilst the sergeant held the rank of constable, in accordance with paragraph 5(2B) of the Schedule).
3
Subject to paragraph (4), in this Regulation—
a
“probationary period in the rank of constable” means the period determined under Regulation 12 of the Police Service of Northern Ireland Regulations 20054;
b
“probationary period in the rank of sergeant” means the period provided for in Regulation 6(1).
4
Previous service in a police force in Great Britain or the Isle of Man Constabulary,
which constituted probationary service in the force or constabulary in question shall count for the purposes of this Regulation.
Selection for promotionI55
1
Subject to Regulation 8, promotion from one rank to another rank shall be by selection.
2
Each selection process for promotion to the rank of sergeant shall include a selection examination for promotion to that rank.
3
Each selection process for promotion to the rank of inspector shall include a selection examination for promotion to that rank.
4
The Schedule has effect in relation to selection examinations for promotion to the rank of sergeant, and selection examinations for promotion to the rank of inspector.
Probationary periodI66
1
Subject to paragraph (2) a member who is promoted—
a
to the rank of sergeant; or
b
to the rank of inspector,
shall be on probation in the rank to which the member is promoted for a period of one year or for such longer period as the Chief Constable may determine in the circumstances of a particular case.
2
The Chief Constable may reduce—
a
a sergeant to the rank of constable; or
b
an inspector to the rank of sergeant,
at any time during the member’s period of probation if the Chief Constable considers that the member is not likely to perform satisfactorily the duties of sergeant, or inspector, as the case may be.
Temporary promotionI77
1
A member who is required to perform the duties of a higher rank may be promoted temporarily to that rank by the Chief Constable.
2
This regulation shall not apply to a deputy Chief Constable required to perform the duties of the Chief Constable.
High Potential Development SchemeI88
1
A constable (“C”) who—
a
is qualified under regulation 4 for promotion to the rank of sergeant; and
b
is participating in the HPD scheme,
shall be promoted to the rank of sergeant as soon as the Chief Constable determines that C is competent to perform the duties of a sergeant.
2
A sergeant (“S”) who—
a
is qualified under regulation 4 for promotion to the rank of inspector; and
b
is participating in the HPD scheme,
shall be promoted to the rank of inspector as soon as the Chief Constable determines that S is competent to perform the duties of an inspector.
3
An inspector (“I”) who is participating in the HPD scheme,
shall be promoted to the rank of chief inspector as soon as the Chief Constable determines that I is competent to perform the duties of a chief inspector.
4
Promotion under paragraphs (1), (2) or (3)—
a
shall take place whether or not there is a vacancy for the rank in question; and
b
does not affect any existing or subsequent vacancy unless the person promoted is designated to fill it.
SCHEDULE
Selection ExaminationsI91
1
The selection examinations referred to in this Schedule are examinations held under arrangements approved by the examinations board, on syllabuses prepared by the examinations agency in consultation with the examinations board.
2
Each of the selections examinations shall comprise—
a
Part I — a written paper; and
b
Part II — practical tests,
and subject to subparagraphs (3) and (4) Part II of a selection examination may be taken only if a pass has been obtained in Part I.
3
A constable who has obtained a pass in Part I of the qualifying examination for promotion to the rank of sergeant held under the 1995 Regulations may take Part II of the first selection examination to be held under these Regulations without obtaining a pass in Part I of that selection examination.
4
A sergeant who has obtained a pass in Part I of the qualifying examination for promotion to the rank of sergeant held under the 1995 Regulations may take Part II of the first selection examination to be held under these Regulations without obtaining a pass in Part I of that examination.
5
The examinations agency shall arrange each part of the selection examination for promotion to the rank of sergeant when requested to do so by the Chief Constable.
6
The examinations agency shall arrange each part of the selection examination for promotion to the rank of inspector when requested to do so by the Chief Constable.
I102
The examinations board shall determine in consultation with the examinations agency—
a
the standard to be achieved by a candidate in order to obtain a pass in any part of a selection examination; and
b
the circumstances in which a member who has failed in Part II of a selection examination may attempt it a second time without again obtaining a pass in Part I.
I113
The examination papers and practical tests shall be set and marked, in accordance with arrangements made by the examinations agency, by examiners appointed by them with the approval of the examinations board.
I124
The examinations board shall ensure that the Chief Constable is duly notified—
a
of the dates on which examinations are proposed to be held and the general arrangements for such examinations;
b
of the closing dates for the submission to them of the names of candidates for those examinations; and
c
of the results of the examinations in so far as they affect any member.
I135
1
Subject to sub-paragraphs (2) F5,(2A) and (3) a constable who will on the date the examination is held have completed his probationary service will be eligible to take Part I of the selection examination for promotion to the rank of sergeant and a sergeant who will on the date the examination is held have completed his probationary period in the rank of sergeant will be eligible to take Part I of the selection examination for the rank of inspector.
2
A constable on probation who is participating in the HPD Scheme is eligible to take Part 1 of the selection examination for promotion to the rank of sergeant.
F62A
A constable participating in the FT Programme is eligible to take Part 1 of the qualifying assessment for promotion to the rank of sergeant.
F72B
A constable participating in the FT Programme is eligible to take Part 1 of the qualifying assessment for promotion to the rank of inspector.
3
A sergeant on probation who is participating in the HPD Scheme is eligible to take Part 1 of the selection examination for promotion to the rank of inspector.
F84
A sergeant participating in the FT Programme is eligible to take Part 1 of the qualifying assessment for promotion to the rank of inspector.
I146
Notwithstanding that a candidate is eligible to take a selection examination, the examinations board may exclude that candidate from that examination or, in an appropriate case, may deem that candidate to have withdrawn from that examination, if—
a
the candidature of that candidate for that examination has not been submitted to the examinations board before the closing date mentioned in paragraph 4(b); or
b
that candidate fails to comply with the general or other arrangements made or approved by the examinations board or with the requirements of the examination agency.
(This note is not part of the Regulations)