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PART 2E+WGOVERNMENT

RanksE+W

4.—(1) Subject to paragraphs [F1(2) and (3)], the ranks of a police force shall be known by the following designations—

(2) In its application to the metropolitan police force, paragraph (1) shall have effect as if—

(a)the references to Chief Constable, Deputy Chief Constable and Assistant Chief Constable were omitted; and

(b)there were references to Commissioner, Deputy Commissioner, Assistant Commissioner and Deputy Assistant Commissioner of Police of the Metropolis and to Commander.

(3) In its application to the City of London police force (in respect of which a Commissioner of the City of London Police is appointed under the Acts relating to that force) paragraph (1) shall have effect as if—

(a)the references to Chief Constable, Deputy Chief Constable and Assistant Chief Constable were omitted; and

(b)there were references to Assistant Commissioner and Commander.

F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part-time appointmentsE+W

5.—(1) F3... A chief officer may, after consultation with local representatives of the representative bodies, appoint persons to perform part-time service in any rank.

(2) In these Regulations a person appointed to perform part-time service includes a person appointed to share a job with another person.

(3) A person appointed to perform part-time service may not be appointed to serve as a full-time member without his consent.

(4) A person appointed to perform part-time service immediately after serving as a full-time member may give notice in writing of his intention to be re-appointed as a full-time member and shall be so appointed—

(a)within one month of the date the notice is received by the [F4local policing body], where the [F5body] has a suitable vacancy, or

(b)except where sub-paragraph (a) applies, when 3 months have elapsed since the day the notice was received, or from an earlier date if reasonably practicable.

(5) A person serving as a full-time member of a police force may not be appointed to perform part-time service without his consent.

(6) In this regulation “full-time member” means a member appointed otherwise than under this regulation.

(7) In relation to persons appointed under this regulation to perform part-time service:

(a)regulation 12 has effect as if the words “, other than such a member who transferred to the force from another police force having completed the required period of probation therein,” were omitted; and

(b)regulation 25 has effect as if—

(i)in paragraph (1) for all the words after “compensated in respect of time” there were substituted “spent on duty in excess of such period as the Secretary of State may determine”; and

(ii)paragraph (2) were omitted.

F6(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Words in reg. 5(4)(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(c)

F5Word in reg. 5(4)(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 5(2)(a)

Restrictions on the private life of membersE+W

6.—(1) The restrictions on private life contained in Schedule 1 shall apply to all members of a police force.

(2) No restrictions other than those designed to secure the proper exercise of the functions of a constable shall be imposed by the [F7local policing body] or the chief officer on the private life of members of a police force except—

(a)such as may temporarily be necessary, or

(b)such as may be approved by the Secretary of State after consultation with the Police Advisory Board for England and Wales.

(3) Any restriction temporarily imposed under paragraph (2) shall be reported forthwith to the Secretary of State.

Textual Amendments

F7Words in reg. 6(2) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(d)

[F8Business interests of members of police forces: generalE+W

7.—(1) Where, in the case of a member of a police force—

(a)a business interest has been held by the appropriate officer to be incompatible with continued membership of the force under regulation 8; and

(b)either—

(i)no appeal has been made under regulation 9, or

(ii)such an appeal has been made and the chief officer has upheld the decision of the appropriate officer,

the decision of the appropriate officer shall be regarded as a lawful order for the purposes of the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008 and, in the event of any failure to abide by the decision, those Regulations shall apply as though the appropriate authority had determined under regulation 19(4) of those Regulations that the member had a case to answer in respect of gross misconduct.

(2) For the purposes of this regulation and regulations 8 and 9 a person has a business interest if—

(a)being a member of a police force, the person holds any office or employment for hire or gain (otherwise than as a member of the force) or carries on any business; or

(b)being a member of a police force or a relative of a member, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question.

(3) Functions of the chief officer under this regulation and regulations 8 and 9 may be exercised only—

(a)by the chief officer personally; or

(b)by an acting chief officer.

(4) A member of a police force may choose—

(a)another member of a police force;

(b)a police staff member, or

(c)a person nominated by the member’s staff association,

who is not otherwise involved in the matter to act as the member’s police friend in relation to the procedures set out in regulations 8 and 9.

(5) A police friend may—

(a)advise the member concerned throughout the procedures set out in regulations 8 and 9;

(b)accompany the member concerned to any meeting held under regulation 8 or 9; and

(c)make representations on the member’s behalf at any such meeting,

and a chief officer shall permit a police friend who is under the chief officer’s direction and control to use a reasonable amount of duty time for these purposes.

(6) In this regulation and regulations 8 and 9—

“acting chief officer” means—

(a)

a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,

(b)

a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, or

(c)

a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;

“appropriate officer” means a person serving in the part of the police force responsible for the maintenance of standards of professional behaviour who has been authorised by the chief officer to exercise functions under regulation 8;

“police staff member” means—

(a)

a member of the civilian staff of a police force (within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011); or

(b)

an employee of the Common Council of the City of London who is under the direction and control of the Commissioner of the City of London Police;

“relative”, in relation to a member of a police force, means—

(a)

a spouse or civil partner who is not separated from the member;

(b)

a person living with the member as if they were the member’s spouse or civil partner; or

(c)

a parent, son, daughter, brother or sister of the member,

who is included in the member’s family;

“staff association” means—

(a)

in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales;

(b)

in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents’ Association of England and Wales; and

(c)

in relation to a member of a police force who is a senior officer, the Chief Police Officers’ Staff Association.

(7) In its application to a chief officer, this regulation and regulations 8 and 9 have effect with the following modifications—

(a)paragraph (3) of this regulation has effect as if it read—

“(3) Functions of the local policing body under this regulation and regulations 8 and 9 may be exercised, where that body is an elected local policing body, only by the body personally or by a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011.”;

(b)in paragraph (6) of this regulation—

(i)the definition of “acting chief officer” is omitted;

(ii)the definition of “appropriate officer” has effect as if it read—

““appropriate officer” means a member of the staff of the local policing body who is not under the direction and control of the chief officer and who has been authorised by the body to exercise functions under regulation 8;”; and

(iii)every other reference to the chief officer has effect as a reference to the local policing body.]

Textual Amendments

F8Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

[F8Business interests of members of police forces: notification and determinationE+W

8.—(1) If a member of a police force—

(a)has or proposes to have a business interest which has not previously been disclosed; or

(b)is or becomes aware that a relative has or proposes to have a business interest which, in the opinion of the member, interferes or could be seen as interfering with the impartial discharge of the member’s duties and has not previously been disclosed,

the member shall immediately give written notice of that business interest to the chief officer.

(2) On receipt of a notice given under paragraph (1), the chief officer shall direct the appropriate officer to decide whether or not the business interest is compatible with the member concerned remaining a member of the police force.

(3) In deciding whether the business interest is compatible with the member concerned remaining a member of the police force, the appropriate officer shall have regard to whether, as a result of the business interest, the member’s conduct fails or would fail to meet the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008.

(4) Where the appropriate officer is minded to decide that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the officer shall—

(a)notify the member in writing of this preliminary view and the reasons for it;

(b)give the member the opportunity to make representations in writing, at a meeting, or both, at the discretion of the member; and

(c)take any such representations into account.

(5) Whether or not notification is given under paragraph (4), the appropriate officer shall, within 28 days of receipt of the notice given under paragraph (1), notify the member concerned in writing of the officer’s decision in relation to the business interest.

(6) Where the decision is that the business interest is compatible with the member concerned remaining a member of the police force, the notification under paragraph (5) may include a requirement for the member to furnish particulars of changes in the business interest, as respects its nature, extent or otherwise.

(7) Where the decision is that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the notification under paragraph (5) shall—

(a)include a statement of the reasons for the decision;

(b)be accompanied by copies of any document on which the officer relies in support of the decision, and

(c)inform the member of the existence of the right of appeal under regulation 9.

(7) Where a member of a police force is required to furnish particulars of changes in a business interest under paragraph (6), then in the event of any such change being proposed or occurring this regulation shall have effect as though the changed business interest were a newly proposed or newly acquired business interest.]

Textual Amendments

F8Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

[F8Business interests of members of police forces: appealE+W

9.—(1) Within 10 days of being notified of an appropriate officer’s decision under regulation 8(5), or within such longer period as the chief officer may in all the circumstances allow, a member of a police force may appeal against that decision by sending written notice to the chief officer.

(2) On receiving notice of appeal under paragraph (1) the chief officer shall—

(a)give the member the opportunity to make representations in writing, at a meeting, or both, at the discretion of the member; and

(b)take any such representations into account.

(3) The chief officer shall decide the appeal unless it appears to the chief officer that—

(a)the member has adduced substantive reasons why the member should be permitted to have the business interest, or why conditions should not be imposed, which were not considered by the appropriate officer; or

(b)the appropriate officer failed to apply fair procedures,

in which case the chief officer may direct the appropriate officer to decide the matter again under regulation 8.

(4) Subject to paragraph (5), the chief officer shall, within 28 days of receipt of the notice of appeal under paragraph (1), notify the member concerned in writing of the outcome of the appeal and provide a statement of the reasons for the decision.

(5) The chief officer may extend the period specified in paragraph (4), where the chief officer considers that it would be in the interests of justice to do so.

(6) Where the chief officer decides to extend the period under paragraph (5), the chief officer shall provide written notification of the reasons for that decision to the member concerned.]

Textual Amendments

F8Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

[F8Business interest precluding appointment to a police forceE+W

9A.—(1) A candidate is not eligible for appointment to a police force if the candidate or a relative of the candidate has a business interest which is to be retained after appointment, unless the business interest is approved by the chief officer or, in the case of a candidate for appointment as chief officer, by the local policing body.

(2) For the purposes of this regulation—

(a)a person has a business interest if—

(i)being a candidate for appointment to a police force, the person holds any office or employment for hire or gain or carries on any business, or

(ii)being a candidate for appointment to a police force or a relative of a candidate, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question; and

(b)“relative”, in relation to a candidate for appointment to a police force, means—

(i)a spouse or civil partner who is not separated from the candidate,

(ii)a person living with the candidate as if they were the candidate’s spouse or civil partner, or

(iii)a parent, son, daughter, brother or sister of the candidate,

who is included in the candidate’s family.]

Textual Amendments

F8Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

Qualifications for appointment to a police forceE+W

10.—(1) A candidate for appointment to a police force—

[F9(a)must, if not a national of a Member State, Norway, Iceland or Liechtenstein, have leave to enter or remain in the United Kingdom for an indefinite period;]

(b)must produce satisfactory references as to character, and, if he has served in any police force, in the armed forces, in the civil service or as a seaman, produce satisfactory proof of his good conduct while so serving;

(c)must have attained the age of [F1018 years];

(d)must be certified by a registered medical practitioner approved by the [F11local policing body] to be in good health, of sound constitution and fitted both physically and mentally to perform the duties on which he will be employed after appointment;

(e)must meet the standard of eyesight determined by the Secretary of State;

(f)must, if a candidate for appointment in the rank of constable, satisfy the chief officer that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be approved by the Secretary of State;

(g)must, if a candidate for appointment in the rank of sergeant, or inspector, be qualified for promotion to such rank in accordance with the provisions of the Promotion Regulations;

(h)must give such information as may be required as to his previous history or employment or any other matter relating to his appointment to the police force;

[F12(i)must, unless he is applying to transfer to the force from another police force, on being so required by the chief officer of the force to which he is a candidate for appointment give a sample of [F13hair or oral fluid] or urine to be tested in accordance with procedures determined by the Secretary of State for evidence of such controlled drugs as the Secretary of State may determine.]

(2) A candidate for appointment to a police force shall be given a notice in terms approved by the Secretary of State drawing attention to the terms and conditions of service which shall be contained therein.

(3) For the purposes of this regulation—

(a)“armed forces” means the naval, military or air forces of the Crown including any women’s service administered by the Defence Council, and

(b)“seaman” has the same meaning as in the Merchant Shipping Act 1995 M1.

Textual Amendments

F11Words in reg. 10(1)(d) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(h)

F13Words in reg. 10(1)(i) substituted (1.4.2012) by The Police (Amendment No. 2) Regulations 2012 (S.I. 2012/680), regs. 1(2), 2(3)

Marginal Citations

[F14Taking of fingerprints and samples prior to appointment to a police forceE+W

10A.—(1) Where a candidate for appointment to a police force is to be offered an appointment, the offer shall (unless the candidate is applying to transfer to the force from another police force or is a special constable for that or another police area) be subject to the following conditions—

(a)the candidate is required to have fingerprints and a sample taken;

(b)the candidate must consent to the fingerprints and sample taken being the subject of a speculative search; and

(c)the chief officer must be satisfied that the candidate is suitable for appointment following the results of the speculative search.

(2) In a case to which paragraph (1) applies, the candidate shall notify the chief officer in writing whether the candidate consents—

(a)to the taking of fingerprints and a sample; and

(b)to such fingerprints and sample being the subject of a speculative search.

(3) Where a candidate is appointed as a member of a police force, upon appointment—

(a)any fingerprints taken under paragraph (1) shall be treated as if they had been taken under regulation 18(1); and

(b)any sample and any information derived from a sample taken under paragraph (1) shall be treated as if the sample had been taken under regulation 19(1).

(4) In this regulation—

“sample” has the same meaning as in regulation 19(4);

“speculative search” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984.]

Textual Amendments

Appointment of senior officersE+W

11.—(1) Subject to [F15section 38(1) of the 2011 Act] and regulations 9 and 10, no person shall be appointed as a chief constable of a police force unless he holds or has held such rank and for such period as the Secretary of State shall determine in respect of such appointments.

[F16(1A) Subject to any enactment governing an appointment to a rank higher than that of Chief Superintendent, and to regulations 9 and 10, no person shall be appointed to such a rank unless he has satisfactorily completed such courses or assessment centres as the Secretary of State shall determine.]

[F17(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 [F18person who made the appointment] 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) Paragraph (2) is without prejudice to any provision whereby a term of appointment comes to an end on promotion, dismissal, the conclusion of disciplinary proceedings or transfer to another police force and regulation 14 (retirement).

(4) The Secretary of State shall determine the circumstances in which a vacancy in a rank specified in paragraph (2) [F19or 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 be advertised; if a vacancy is to be advertised, the advertisement shall contain such detail and be published in such manner as the Secretary of State may determine. The Secretary of State may determine that no appointment shall be made until after a date to be specified in the advertisement.

Textual Amendments

F15Words in reg. 11(1) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 7(a)

F16Reg. 11(1A) inserted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 7(b)

F17Reg. 11(2)-(2B) substituted for reg. 11(2) (1.7.2006) by The Police (Amendment) Regulations 2006 (S.I. 2006/1467), regs. 1, 2(2) (with reg. 3)

F18Words in reg. 11(2B) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 7(c)

F19Words in reg. 11(4) inserted (1.7.2006) by The Police (Amendment) Regulations 2006 (S.I. 2006/1467), regs. 1, 2(3) (with reg. 3)

[F20Removal of chief constable or commissioner or deputy commissioner of the metropolitan policeE+W

11A.—(1) If an elected local policing body is proposing to call on a member of a police force to retire or resign under section 38(3) or 48(3) of the 2011 Act, the body shall—

(a)obtain the views of the chief inspector of constabulary in writing;

(b)have regard to those written views;

(c)give the member a copy of those written views at the time of giving the member a written explanation of the reasons why the body is proposing to call for the retirement or resignation in accordance with section 48(5)(a) of, or paragraph 13(2) of Schedule 8 to, the 2011 Act; and

(d)if the body is a police and crime commissioner, give the police and crime panel a copy of those written views at the time of giving the panel a copy of the commissioner’s reasons in accordance with paragraph 13(3)(b) of that Schedule.

(2) If, having complied with paragraph (1) of this regulation and paragraph 13 of Schedule 8 to the 2011 Act, a police and crime commissioner still proposes to call upon the chief constable to retire or resign, the commissioner shall, at the time of giving the chief constable and the police and crime panel notification of the commissioner’s intention in accordance with paragraph 14(2) of that Schedule —

(a)give the chief constable and the panel a written explanation of the reasons why the commissioner still proposes to call for the retirement or resignation;

(b)give the chief inspector of constabulary a copy of the notification and the explanation; and

(c)give the chief executive appointed under paragraph 6(1)(a) of Schedule 1 to the 2011 Act a copy of the notification, the explanation and the written views of the chief inspector obtained in accordance with paragraph (1)(a) of this regulation.]

Textual Amendments

F20Regs. 11A, 11B inserted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 8

[F20Removal of other senior officersE+W

11B.—(1) If a chief officer is proposing to call on a member of a police force to retire or resign under section 39(5), 40(4) or 49(3) of the 2011 Act, the chief officer shall—

(a)notify the relevant elected local policing body of the proposal as soon as is practicable;

(b)obtain the views of the chief inspector of constabulary in writing;

(c)have regard to those written views; and

(d)give the member a copy of those written views at the time of giving the member a written explanation of the reasons why the chief officer is proposing to call for the retirement or resignation in accordance with section 49(5)(a) of, or paragraph 19(2) of Schedule 8 to, the 2011 Act.

(2) Paragraph (1)(a) is without prejudice to the duty of a chief constable to consult the relevant police and crime commissioner under paragraph 20(2) of Schedule 8 to the 2011 Act.

(3) In addition to giving the member of the police force the opportunity to make written representations in accordance with section 49(5)(b) of, or paragraph 19(3) of Schedule 8 to, the 2011 Act, the chief officer shall give the member the opportunity to make oral representations at a meeting attended by the chief officer.

(4) If, having complied with paragraphs (1) and (2) of this regulation and section 49(5) of, or paragraph 19 of Schedule 8 to, the 2011 Act, the chief officer still proposes to call on the member of the police force to retire or resign, the chief officer shall—

(a)give the relevant elected local policing body—

(i)a written explanation of the chief officer’s reasons, and

(ii)a copy of the written views of the chief inspector of constabulary,

at the time of consulting that body in accordance with section 49(3) of, or paragraph 20(2) of Schedule 8 to, the 2011 Act; and

(b)give a copy of the written explanation of the chief officer’s reasons to—

(i)the member, and

(ii)the chief inspector of constabulary.]

Textual Amendments

F20Regs. 11A, 11B inserted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 8

Probationary service in the rank of constableE+W

12.—(1) Subject to paragraphs (2) and (3), a member of a police force appointed in the rank of constable, other than such a member who transferred to the force from another police force having completed the required period of probation therein, shall be on probation for such period as the Secretary of State shall determine in respect of such appointments.

(2) In making a determination under paragraph (1), the Secretary of State may, subject to paragraph (3), confer on the chief officer discretion to determine the required period of probation in a particular case.

(3) For the purposes of a determination under paragraph (1), the periods to be counted or disregarded in reckoning service shall be such as may be determined by the Secretary of State.

Discharge of probationerE+W

13.—(1) Subject to the provisions of this regulation, during his period of probation in the force the services of a constable may be dispensed with at any time if the chief officer considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to become an efficient or well conducted constable.

(2) A constable whose services are dispensed with under this regulation shall be entitled to receive a month’s notice or a month’s pay in lieu thereof.

(3) A constable’s services shall not be dispensed with in accordance with this regulation and any notice given for the purposes thereof shall cease to have effect if he gives written notice to the [F21local policing body] of his intention to retire and retires in pursuance of the said notice on or before the date on which his services would otherwise be dispensed with; and such a notice taking effect on that date shall be accepted by the [F21local policing body] notwithstanding that less than a month’s notice is given.

(4) Where a constable has received a notice under this regulation that his services are to be dispensed with and he gives written notice of his intention to retire and retires under paragraph (3), he shall nevertheless be entitled to receive pay up to and until the date on which the month’s notice he has received would have expired or where he has received or is due to receive a month’s pay in lieu of notice he shall remain entitled to that pay notwithstanding the notice he has given under paragraph (3).

Textual Amendments

F21Words in reg. 13(3) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(i)

RetirementE+W

14.  Members of a police force may retire in such circumstances as shall be determined by the Secretary of State, and in making such a determination the Secretary of State may—

(a)require such notice of intention to retire as may be specified in the determination, or such shorter notice as may have been accepted by the [F22local policing body], to be given to that [F23body],

(b)require the consent of the chief officer to be obtained before giving such notice.

Textual Amendments

F22Words in reg. 14(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(j)

F23Word in reg. 14(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 5(2)(c)

Contents of personal recordsE+W

15.—(1) The chief officer of a police force shall cause a personal record of each member of the police force to be kept.

(2) The personal record shall contain—

(a)a personal description of the member;

(b)particulars of the member’s place and date of birth;

(c)particulars of his marriage [F24or civil partnership] (if any) and of his children (if any);

(d)a record of his service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service;

(e)a record of his service (if any) in any other police force and of his transfers (if any) from one police force to another;

[F25(ea)a record of his service (if any) in the Royal Parks Constabulary;]

(f)a record of whether he passed or failed to pass any qualifying examination at which he was a candidate;

(g)a record of his service in the police force and the date of his ceasing to be a member of the police force with the reason, cause or manner thereof.

(3) The record of service kept in accordance with paragraph (2)(g) shall include particulars of all promotions, postings, removals, injuries received, periods of illness, commendations, rewards, sanctions other than cautions imposed under regulation 31 of the Police (Conduct) Regulations 1999M2 [F26, regulation 35 of the Police (Conduct) Regulations 2004] or under regulation 17 of the Police (Efficiency) Regulations 1999 M3 but, subject to paragraph (4)—

(i)a sanction of a fine or of a reprimand shall be expunged after 3 years free from sanction other than a caution;

(ii)any other sanction shall be expunged after 5 years free from sanction other than a caution,

(iii)a sanction under regulation 17 of the Police (Efficiency) Regulations 1999 shall be expunged after 2 years free from any such sanction.

(4) In the case of a period free from sanction other than a caution which expired before 1st January 1989, a sanction shall be expunged under paragraph (3) only if the member so requests.

[F27(4A) Subject to paragraphs (4B), (4C) and (5A), the record of service kept in accordance with paragraph (2)(g) shall also include particulars of all—

(a)disciplinary action, save for management advice—

(i)taken under regulation 35, 40 or 55 of the Police (Conduct) Regulations 2008; or

(ii)ordered following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008;

(b)written improvement notices issued under regulation 15 or varied under regulation 18 of the Police (Performance) Regulations 2008;

(c)final written improvement notices issued under regulation 22 or varied under regulation 25 of the Police (Performance) Regulations 2008; and

(d)outcomes, save for redeployment to alternative duties, ordered under regulation 38 of the Police (Performance) Regulations 2008 or following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008.

(4B) In relation to a record of service—

(a)a written warning shall be expunged after the expiry of the period of 12 months as referred to in regulation 3(3)(a) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations);

(b)a final written warning shall be expunged—

(i)after the period of 18 months as referred to in regulation 3(3)(b) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations); or

(ii)in the event of a final written warning being extended under regulation 35(6)(b) or 55(2)(b) of the Police (Conduct) Regulations 2008, on the expiry of that extended warning;

(c)a reduction in rank shall be expunged after 5 years from the date the officer concerned was reduced in rank; and

(d)a written improvement notice or a final written improvement notice issued or extended shall be expunged at the end of the validity period of such notice as defined in the Police (Performance) Regulations 2008 unless in relation to such a notice a period mentioned in regulation 10(2) of those Regulations has been extended beyond 12 months, in which case that notice shall be expunged at the end of such extended period.

(4C) A written warning or final written warning shall not be expunged from the record of service where before the time period expires for the written notice or final written notice to be expunged under paragraph (4A)(a) or (b) a written notice is served on the officer concerned under regulation 15 of the Police (Conduct) Regulations 2008 or under regulation 14A of the Police (Complaints and Misconduct) Regulations 2004. In such cases, the written warning or final written warning shall remain on the record of service until the conclusion of the disciplinary proceedings for which the written notice was served.]

(5) Where following a review of a sanction imposed under regulation 31 of the Police (Conduct) Regulations 1999 or under regulation 17 of the Police (Efficiency) Regulations 1999 the reviewing officer substitutes for the decision of the conduct hearing or, as the case may be, inefficiency hearing a decision that the member concerned had not failed to meet the appropriate standard or, as the case may be, that the performance or attendance of the member concerned was not unsatisfactory, the sanction imposed by that hearing shall be expunged forthwith.

[F28(5A) Where, following an appeal meeting under the Police (Conduct) Regulations 2008, a first stage appeal meeting or second stage appeal meeting under the Police (Performance) Regulations 2008 or an appeal to a police appeals tribunal under the Police Appeals Tribunals Rules 2008, the person or persons hearing the appeal decide to reverse, revoke, vary the terms of or impose a different disciplinary action, outcome or notice, the previous disciplinary action, outcome or notice which was the subject matter of the appeal shall be expunged forthwith.]

(6) A member of a police force shall, if he so requests, be entitled to inspect his personal record.

Textual Amendments

Marginal Citations

Transfer of personal recordsE+W

16.  Where a member of a police force transfers to another police force his personal record shall be transferred to the chief officer of that other police force.

Personal record of member leaving forceE+W

17.—(1) Where a member of a police force ceases to be a member of that police force the member shall, unless he transfers to another police force, be given a certificate showing his rank and setting out the period of his service in that police force and in any other police force.

(2) The chief officer may append to the certificate any recommendation which he feels justified in giving, such as that—

(3) Where a member of a police force ceases to be a member of that police force, otherwise than by transferring to another police force, his personal record shall be kept for such time as the chief officer may think fit and shall then be destroyed.

FingerprintsE+W

18.—(1) [F29Subject to paragraph (4),] every member of a police force shall in accordance with the directions of the chief officer have his fingerprints taken.

(2) Fingerprints of members of a police force taken in accordance with paragraph (1) shall be kept separate from the fingerprints of persons whose fingerprints have been taken otherwise than in accordance with that paragraph [F30or regulation 1A(1) of the Special Constables Regulations 1965].

[F31(3) The fingerprints of a member of a police force taken in accordance with paragraph (1) or regulation 1A(1) of the Special Constables Regulations 1965 and all copies and records of those fingerprints shall be destroyed on his ceasing to be a member of that force, except that—

(a)if on his ceasing to be a member of that force he becomes a special constable for the police area for which that force is maintained, his fingerprints shall be kept in accordance with regulation 1A(2) of the Special Constables Regulations 1965, and

(b)if by reason of a statutory transfer he becomes a member of another force, or if he is appointed as a special constable for another police area, his fingerprints and all copies and records of those fingerprints shall be transferred to the chief officer of that other police force and kept in accordance with paragraph (2) or regulation 1A(2) of the Special Constables Regulations 1965 as the case may be.]

[F32(4) A member of a police force who was required to have fingerprints taken under regulation 10A(1) shall not also be required to have his fingerprints taken under paragraph (1).]

Textual Amendments

SamplesE+W

19.—(1) [F33Subject to paragraph (5),] every member of a police force, except those members appointed following their transfer from another police force, shall on appointment and in accordance with the directions of the chief officer have a sample taken.

(2) Samples or the information derived from samples of members of a police force taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with section 63 of the Police and Criminal Evidence Act 1984 M4.

(3) The samples or information derived from samples of a member of a police force taken in accordance with this regulation, and all copies and records thereof shall be destroyed on his ceasing to be a member of that police force except by reason of a transfer to another force.

(4) In this regulation “sample” means—

(a)a sample of hair, other than pubic hair, complete with roots;

(b)[F34oral fluid]; or

(c)a swab taken from the mouth.

[F35(5) A member of a police force who was required to have a sample taken under regulation 10A(1) shall not also be required to have a sample taken under paragraph (1).]

Textual Amendments

F34Words in reg. 19(4)(b) substituted (1.4.2012) by The Police (Amendment No. 2) Regulations 2012 (S.I. 2012/680), regs. 1(2), 2(4)

Marginal Citations

[F36Testing for substance misuseE+W

19A.—(1) The chief officer of a police force may require any member of the force who—

(a)gives the chief officer reasonable cause to suspect that he has used a controlled drug;

(b)is on a period of probation under regulation 12;

(c)has been identified by the chief officer as being vulnerable because of a specific responsibility for dealing with drugs; or

[F37(d)is selected in accordance with a regime of routine random testing;]

to give a sample of [F38oral fluid] or urine to be tested for evidence of controlled drugs in accordance with procedures determined by the Secretary of State.

(2) The chief officer of a police force may require a member of the force who falls within paragraph (1)(d) to give a sample of breath to be tested for evidence of alcohol in accordance with procedures determined by the Secretary of State.

(3) A member of a police force who—

(a)on giving a sample under paragraph (1) is found to have taken a controlled drug specified in a determination of the Secretary of State; or

(b)falls within paragraph (1)(d) and who, on giving a sample under paragraph (2), is found to have more than 13 microgrammes of alcohol in 100 millilitres of breath

shall face such consequences as are specified in that determination.]

Textual Amendments