These regulations may be cited as the Police Trainee Regulations (Northern Ireland) 2001.

These regulations shall come into operation on 2nd November 2001.

No police trainee shall be required to attend training on New Year’s Day, Christmas Day or 26th December or, in any year where New Year’s Day, Christmas Day or 26th December falls on a Saturday or Sunday, any substitute day.

Where a police trainee is required to attend training on a Saturday or Sunday or on a public holiday, that requirement shall not have effect unless the Chief Constable gives notice, in a schedule issued under paragraph (2), or in standing orders made under regulation 7, or otherwise, to that police trainee of the requirement no less than 15 days before the Saturday, Sunday or public holiday on which he is to be required to attend.

The power of the Chief Constable to specify a longer period of service under regulation 3(a) includes power to specify different periods for different cases.

In particular, where the Chief Constable is of the opinion that a police trainee who has been absent from training for five or more days is unlikely to obtain the qualification specified under regulation 3(b), or complete satisfactorily any training specified under regulation 3(c), without a longer period of service as a police trainee, he may specify a longer period of service under regulation 3(a) in the case of that police trainee.

A police trainee may end his period of service as a police trainee by giving one week’s notice to the Chief Constable.

The Chief Constable may make standing orders about the training of police trainees.

Every police trainee shall comply with the requirements of standing orders made under paragraph (1).

The Chief Constable shall issue a copy of any standing orders made under paragraph (1) to every police trainee on or before the day on which he begins his period of service as a police trainee, and shall issue details of any change to the standing orders to every police trainee to whom that change may apply as soon as reasonably practicable.

Where standing orders made under paragraph (1) provide for procedures for cases in which the Chief Constable is considering exercising his powers under regulation 6 (terminating period of service) or provide for the termination of the service of a police trainee whose conduct does not meet required standards, the standing orders shall include provision for a right of appeal by the police trainee against the termination of his service as a police trainee.

No restriction on the private life of police trainees shall be imposed by the Chief Constable, except such restrictions as are set out in this regulation or as may be necessary in the interests of the safety of police trainees.

Where the Chief Constable imposes a restriction on the private life of police trainees under paragraph (l), he shall report the restriction forthwith to the Secretary of State.

A police trainee shall not take any active part in politics.

A police trainee shall not wilfully refuse or neglect to discharge any lawful debt.

If a police trainee or a relative included in his family proposes to have, or has, a business interest within the meaning of regulation 7 of the principal regulations, the police trainee shall forthwith give notice of that interest to the Chief Constable, unless that business interest was disclosed at the time of his appointment as a police trainee.

On receipt of a notice given under paragraph (1), the Chief Constable shall determine whether or not the interest in question is compatible with the police trainee concerned remaining a police trainee and, within 28 days of the receipt of the notice, shall give notice of his decision to the police trainee.

Within 10 days of being notified of the Chief Constable’s decision as aforesaid, or within such longer period as the Board may in all the circumstances allow, the police trainee concerned may appeal to the Board against that decision by sending notice of his appeal to the Board.

On receipt of a notice given under paragraph (3) the Board shall require the Chief Constable to submit to it, within the next following 10 days, a notice setting out the reasons for his decision and copies of any documents on which he relies in support of that decision, and the Board shall send to the police trainee concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.

Where a police trainee has appealed to the Board under paragraph (3) the Board shall, within 28 days of receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (4) or of the expiration of the period afforded for making comments if none have by then been received, give him written notice of its determination of the appeal but where it has upheld the decision of the Chief Constable and within 10 days of being so notified or within such longer period as the Board may in all the circumstances allow, the police trainee makes written request to the Board for the reference of the matter to the Secretary of State, the matter shall be so referred and, unless and until the determination of the Board is confirmed by the Secretary of State, it shall be of no effect and, in particular, no action in pursuance thereof shall be taken under paragraph (6).

Where a police trainee or a relative included in his family, has a business interest within the meaning of regulation 7 of the principal regulations which the Chief Constable has determined under paragraph (2) to be incompatible with his remaining a police trainee and either the police trainee has not appealed against that decision under paragraph (3) or, subject to paragraph (5), on such appeal, the Board has upheld that decision, then the Chief Constable may, subject to the approval of the Board, terminate the period of service of that police trainee by giving him one week’s notice; and before giving such approval the Board shall give the police trainee concerned an opportunity to make representations and shall consider any representations so made.

If a police trainee or a relative included in his family has a business interest within the meaning of regulation 7 of the principal regulations and, on that interest being notified or disclosed as mentioned in paragraph (1), the Chief Constable has by notice required the police trainee to furnish particulars of such changes in that interest, as respects its nature, extent or otherwise, as may be mentioned in the notice then, in the event of any such change in that interest being proposed or occurring, this regulation shall have effect as though the changed interest were a newly proposed or newly acquired, interest which has not been notified or disclosed as aforesaid.

A reference in this regulation to a relative included in a police trainee’s family shall include a reference to his spouse, parent, son, daughter, brother or sister.

At any time before the commencement of section 2 of the Police (Northern Ireland) Act 2000

2000 c. 32

Where the Chief Constable specifies a longer period of service for a police trainee under regulation 3(a) the number of days specified in paragraph (1)(a) shall be increased proportionately for that police trainee.

Days of leave granted under paragraph (1) may only be taken at times approved by the Chief Constable.

Where a Saturday, Sunday or public holiday falls within a period of leave taken under paragraph (1), that day shall be ignored for the purposes of reckoning the number of days' leave taken.

A police trainee shall not be entitled to be absent from training for a period of seven days or less on account of injury, illness or quarantine except with the consent of the Chief Constable.

A police trainee shall not be entitled to be absent from training for a period exceeding seven days on account of injury, illness or quarantine unless certified by a registered medical practitioner as being unfit to attend training or as being in quarantine.

For the purposes of paragraphs (1) and (2), the period of seven days includes Saturdays, Sundays and public holidays.

A police trainee who is, or ceases to be, certified under paragraph (2) shall, as soon as reasonably practicable, inform the Chief Constable of the fact and send any certificate to the Chief Constable.

A female police trainee who is pregnant and who, on the advice of a registered medical practitioner, registered midwife or registered health visitor, has made an appointment to attend at any place for the purpose of receiving ante-natal care shall, subject to the following provisions of this regulation, have the right not to be unreasonably refused special leave from training to enable her to keep the appointment.

Paragraph (2) shall not apply where the female police trainee’s appointment is the first appointment during her pregnancy for which she seeks permission to take special leave from training in accordance with paragraph (1).

In this regulation—

A female police trainee does not qualify for maternity leave where the Chief Constable has requested a certificate from a registered medical practitioner, registered midwife or registered health visitor setting out the matters referred to in paragraph (2)(a) and (b) and she fails to produce such a certificate.

Where a certificate produced under paragraph (3) sets out a different date as the probable date of the birth of the child of the female police trainee from the date given in accordance with paragraph (2)(b), the date given in the certificate shall have effect in place of the date given in the notice.

A female police trainee who is pregnant shall give the notice required by paragraph (2) as soon as reasonably practicable after she becomes aware of the probable date of birth of her child.

The date given in accordance with paragraph (2)(c) may be amended by a subsequent notice to the Chief Constable, provided not less than 21 days' notice is given of the qualified police trainee’s intention to return to training.

A qualified police trainee shall commence maternity leave no later than the date given in accordance with paragraph (2)(b) and, subject to paragraphs (8) and (9), the leave shall continue until the last day of the maternity leave.

Where a qualified police trainee intends to return to training before the end of the maternity period after taking maternity leave, she shall give the Chief Constable not less than 21 days' notice of her intention.

A notice under paragraph (8) may be subsequently revoked; and any such revocation shall be without prejudice to the giving of another notice under that paragraph of an intention to return to duty before the end of the maternity period.

During any period of maternity leave, a qualified police trainee shall not be entitled to any sick leave under regulation 12.

Standing orders under regulation 7 shall make provision for the circumstances in which a police trainee is to be entitled to paternity leave.

Paternity leave shall consist of two days' leave.

Subject to the following provisions of this regulation and regulation 17, the annual rate of pay of police trainees shall be determined by the Secretary of State.

A determination under paragraph (1) may be made with retrospective effect to any date specified in the determination, but nothing in this paragraph shall be construed as authorising the pay payable to any person to be reduced retrospectively.

A determination under paragraph (1) may make different provision for different cases, including different provision for the pay of police trainees who have completed different periods of service.

A month’s pay of a police trainee shall be calculated, for all purposes, at a monthly rate of pay determined by dividing by 12 the annual rate.

A week’s pay of a police trainee shall be calculated, for all purposes, at a weekly rate of pay determined by dividing by 52⅙ the annual rate.

A day’s pay of a police trainee shall be calculated, for all purposes, at a daily rate determined by dividing by 7 the weekly rate, determined in accordance with paragraph (5).

Police trainees shall be paid monthly in arrears, or at such other intervals as the Chief Constable may fix.

The Chief Constable may, if he thinks fit, pay to a police trainee such part of his pay as he may determine in advance of the day on which it would otherwise be due to be paid in accordance with this regulation.

For the purposes of any determination under regulation 16(1) the period of service completed by a police trainee shall, subject to paragraph (4), include any period of service described in Part I of Schedule 1.

For the purposes of any determination under regulation 16(1), where a person has served in the Police Service of Northern Ireland Reserve, then, subject to paragraph (4), the period of service completed by him as a police trainee shall include a period calculated in accordance with Part II of Schedule 1.

For the purposes of any determination under regulation 16(1), where a person has served in a police force in a country or territory outside the United Kingdom (other than as mentioned in paragraph 4 of Part I of Schedule 1), then, subject to paragraph (4), the period of service completed by him as a police trainee shall include a period calculated in accordance with Part III of that Schedule.

For the purposes of this regulation a female police trainee who, as a married woman or widow, has elected to pay contributions under section 19 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

1992 c. 7

Subject to the following provisions of this regulation, a female police trainee who satisfies the conditions in paragraph (2) is entitled to be paid as respects the first three months of any period or periods of maternity leave in any one maternity period (as defined by regulation 14) taken in accordance with regulation 14 but is not entitled to be paid thereafter.

In this regulation—

No allowances shall be paid to a police trainee except as provided by these regulations or approved by the Secretary of State, and the amounts and conditions of payment of such allowances shall be as provided by or under these regulations or as approved by the Secretary of State.

A police trainee claiming any allowance under this Part shall comply with such directions as may be given by the Chief Constable from time to time as to the time and manner of claiming and certification.

This regulation applies where a person who has been appointed as a police trainee moves his home as a consequence of leaving a police force in Great Britain or in any country or territory outside the United Kingdom to become a police trainee.

This regulation applies where a police trainee moves his home at the request of the Chief Constable, and the removal is not a consequence of becoming a police trainee.

Where the cost of removal is paid or reimbursed by the Chief Constable under regulation 22 or 23, the Chief Constable shall, subject to paragraph (2), pay the police trainee an allowance in respect of expenditure incidental to the move of an amount determined under paragraphs (3) to (5).

In paragraph (4) “relevant additional expenditure” means, where a person satisfies the Chief Constable that, in consequence of the move, he has failed to benefit, in whole or in part, from expenditure reasonably incurred by him prior to the move (other than such payments as are referred to in regulation 22(2)(b) or 23(2)(b)), so much of that expenditure as is not recoverable by him.

Where the Chief Constable specifies a place as a qualifying site for the purposes of this regulation, and authorises a police trainee to use a motor vehicle for the purposes of attending training at a qualifying site, the police trainee shall be paid a motor vehicle allowance.

A motor vehicle allowance shall be payable on such conditions and at such rate as are specified in standing orders made under regulation 7.

A police trainee who left a police force in Great Britain to become a police trainee and was, immediately before leaving that force, entitled to a replacement allowance under Schedule 13 to the Police Regulations 1995

S.I. 1995/215; Schedule 13 was brought into existence by S.I. 2000/2013 reg. 12

A police trainee who left the Police Service of Northern Ireland Reserve to become a police trainee and was, immediately before leaving the Police Service of Northern Ireland Reserve, entitled to a replacement allowance under Schedule 11 to the Royal Ulster Constabulary Reserve (Full-Time) (Appointment and Conditions of Service) Regulations 1996

S.R. 1996 No. 564; Schedule 11 was brought into existence by S.R. 1997 No. 363 reg. 2

In any circumstances in which the replacement allowance to which a person was entitled as a member of a police force in Great Britain or as a member of the Police Service of Northern Ireland Reserve would have fallen (by reason of a period of unpaid leave or otherwise) to be increased, reduced or terminated if he had not left that force or that service, the allowance under this regulation shall be accordingly increased, reduced or terminated.