The Police (Promotion) Regulations 1996

Citation and commencement

1.  These Regulations may be cited as the Police (Promotion) Regulations 1996 and shall come into force on 1st August 1996.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

• “member of a police force” includes such a member who is suspended from membership of his force and the office of constable under regulations made by virtue of section 33(2)(f) of the Police Act 1964;

• “probationary service”, in relation to a constable who completed the required period of probation following a previous appointment, does not include any period of probation following his latest appointment;

• “Scottish force” means a police force within the meaning of the Police (Scotland) Act 1967;(1) and

• “Scottish promotion regulations” means regulations relating to qualification for promotion from time to time in force under that Act.

(2) In these Regulations, unless the context otherwise requires, any reference to a member of a police force includes a reference to a reversionary member, that is to say —

(a) a reversionary member of a home police force, or

(b) a central police officer,

within the meaning of the Police Pensions Regulations 1987;(2) any reference to service includes a reference to service as a reversionary member; and any reference to a constable or a sergeant includes a reference to a reversionary member entitled under section 53C(3) of the Police Act 1964(3) to revert to a police force in the rank in question.

(3) In reckoning service or a period in any rank for the purposes of these Regulations —

(a) any period of unpaid leave shall be disregarded;

(b) any period of study as a university scholar within the meaning of the Police Regulations 1995(4) shall be disregarded;

(c) in the case of a female member of a police force who has taken one or more periods of maternity leave (within the meaning of regulation 36A(1) of the Police Regulations 1995) —(5)

(i) where that leave has been for more than fourteen weeks, the first fourteen weeks whilst on maternity leave shall be treated as if it were service in the police force;

(ii) where that leave has been for less than fourteen weeks, any period spent on maternity leave shall be treated as if it were service in the police force.

(4) In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule shall be construed as a reference to a regulation or Schedule in these Regulations; a reference to a paragraph shall be construed as a reference to a paragraph in the same regulation or, as the case may be, same Schedule; and a reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph.

Qualification for promotion

3.—(1) A constable is qualified for promotion to the rank of sergeant if he —

(a) has obtained a pass in the qualifying examination for promotion to the rank of sergeant,

(b) has completed 2 years' service, and

(c) has completed his probationary service.

(2) A sergeant is qualified for promotion to the rank of inspector if he —

(a) has obtained a pass in the qualifying examination for promotion to the rank of inspector, and

(b) has completed 2 years' service in the rank of sergeant.

(3) Previous service in —

(a) a Scottish force,

(b) the Royal Ulster Constabulary,

(c) the Isle of Man Constabulary, or

(d) the British Airports Authority Constabulary if the service terminated with transfer to a police force by an order under section 30 of the Aviation Security Act 1982(6),

counts for the purposes of paragraph (1)(b), and if it constituted probationary service in the force or constabulary in question, for the purposes of paragraph (1)(c), and such service in the rank of sergeant counts for the purposes of paragraph (2)(b).

(4) Previous service in —

(a) the Port of Tilbury Constabulary,

(b) the Port of Liverpool Constabulary,

(c) the States of Jersey Police,

(d) the Royal Parks Constabulary,

(e) the Ministry of Defence Police,

(f) the British Transport Police, or

(g) the Dover Harbour Board Police,

which constituted probationary service in the body in question counts for the purposes of paragraph (1)(c).

(5) Subject to paragraph (6), a person who, on or after 1st August 1996, has passed the qualifying examination to the rank in question prescribed by Scottish promotion regulations is qualified —

(a) for promotion to the rank of sergeant if he has completed —

(i) not less than one year’s service in that rank in a Scottish force, and

(ii) his period of probation in that rank;

(b) for promotion in the rank of inspector if he has completed one year’s service in that rank in a Scottish force.

(6) Service in a rank on temporary promotion to it does not count for the purposes of paragraph (5).

(7) In paragraphs (1) and (2) “qualifying examination” means —

(a) an examination held in accordance with Schedule 1;

(b) an examination held in accordance with any previous regulations about promotion which have been made under section 33 of the Police Act 1964 and which were in force at the time of the examination in question; and

(c) an examination recognised under Schedule 2.

(8) Schedule 1 (qualifying examinations) shall have effect.

(9) Schedule 2 (recognition of certain promotion examinations) shall have effect.

Selection for promotion

4.  Subject to regulation 7, promotion from one rank to another rank shall be by selection.

Period of probation for constable promoted to sergeant

5.—(1) Subject to paragraph (2), a member of a police force who —

(a) is promoted to, or

(b) is qualified by virtue of regulation 3(5) for promotion to, and has been appointed to the force in, the rank of sergeant shall be on probation in that rank for a period of one year or for such longer period as the chief officer of police may determine in the circumstances of the particular case.

(2) If the chief officer of police considers that a person who is on probation in the rank of sergeant is unlikely to perform the duties of that rank satisfactorily he may reduce him to the rank of constable.

Temporary promotion

6.  A member of a police force who is required to perform the duties of a higher rank may, even if there is no vacancy for that rank, be promoted temporarily to it, but in the case of promotion to the rank of sergeant or inspector only if he is qualified for the promotion under regulation 3.

Accelerated promotion courses

7.—(1) In this regulation “APC(S)” means a course for the time being recognised by the Secretary of State for the purposes of this regulation as the accelerated promotion course for sergeants and “APC(I)” means a course so recognised as the accelerated promotion course for inspectors; in this paragraph “course” means a course of training entailing periods of residence at one or more training establishments.

(2) A constable who —

(a) is qualified under regulation 3 for promotion to the rank of sergeant, and

(b) is selected to attend APC(S),

shall be promoted to the rank of sergeant on the first day of his attendance.

(3) A period spent attending APC(S) —

(a) counts as service in the rank of sergeant for the purposes of regulation 3(2)(b), but

(b) to the extent that it is spent in residence at a training establishment, does not count as probationary service in that rank for the purposes of regulation 5.

(4) A sergeant who —

(a) is qualified under regulation 3 for promotion to the rank of inspector, and

(b) is selected to attend APC(I),

shall be promoted to the rank of inspector on the first day of his attendance, but shall be on probation in that rank until he has completed one year’s service in it.

(5) Promotion under paragraph (2) or (4) —

(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.

Revocations

8.  The Regulations specified in Schedule 3 are hereby revoked.

Home Office

David Maclean

Minister of State

26th June 1996