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Statutory Instruments

2006 No. 1467

POLICE, ENGLAND AND WALES

The Police (Amendment) Regulations 2006

Made

5th June 2006

Laid before Parliament

8th June 2006

Coming into force

1st July 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred upon him by section 50 of the Police Act 1996(1).

In accordance with section 63(3) of that Act, he has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board.

Citation and commencement

1.  These Regulations may be cited as the Police (Amendment) Regulations 2006 and come into force on 1st July 2006.

Amendments to the Police Regulations

2.—(1) Regulation 11 of the Police Regulations 2003(2) (appointment of senior officers) is amended as follows.

(2) For paragraph (2) substitute the following paragraphs—

(2) An appointment to the rank of—

(a)chief constable or deputy chief constable in a police force maintained under section 2 of the Act;

(b)commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the metropolitan police force; or

(c)assistant commissioner in the City of London police force,

shall be for a fixed term.

(2A) Subject to paragraph (2B), an appointment for a fixed term shall be for a maximum of five years.

(2B) An appointment for a fixed term may be extended, by agreement of the police authority and the person appointed, for a further term of a maximum of three years and for subsequent terms each of a maximum of one year, provided that any extension or subsequent extension which is due to expire more than one year after the expiry of the original fixed term shall require the consent of the Secretary of State..

(3) In paragraph (4) after the words “a rank specified in paragraph (2)” insert the words “or the rank of assistant chief constable in a police force maintained under section 2 of the Act, or commander in the metropolitan police force or City of London police force”.

Transitional provision

3.—(1) A person who at the time these Regulations come into force holds the rank of assistant chief constable in a police force maintained under section 2 of the Act, or commander in the metropolitan police force or City of London police force, shall hold that rank indefinitely instead of for a fixed term.

(2) Paragraph (1) is without prejudice to any provision whereby a term of appointment comes to an end on retirement, promotion, dismissal, resignation or transfer to another police force.

Tony McNulty

Minister of State

Home Office

5th June 2006

Explanatory Note

(This note is not part of the Regulations)

Regulation 2 amends the Police Regulations 2003. The effect of the amendments is to provide for the abolition of fixed-term appointments for commanders in the metropolitan and City of London police forces and for assistant chief constables elsewhere. In relation to other senior ranks, maximum periods are now specified for fixed-term appointments and extensions to those appointments. Previously, the Secretary of State could determine the range within which a fixed-term had to fall and the circumstances in which a fixed-term appointment could be extended.

Regulation 3 provides that existing fixed-term appointments of commanders in the metropolitan and City of London police forces and of assistant chief constables become indefinite.

(1)

1996 c. 16; there are amendments to sections 50 and 63(3) which are not relevant to the subject matter of these Regulations.

(2)

S.I. 2003/527; there are amendments to this instrument which are not relevant to the subject matter of these Regulations.