The Police Regulations 2003

PART 3 E+W DUTY

Duty to carry out lawful orders E+W

20.  Every member of a police force shall carry out all lawful orders and shall at all times punctually and promptly perform all appointed duties and attend to all matters within the scope of his office as a constable.

Limitations on duties to be assigned to members statutorily transferred E+W

21.—(1) Where a member of a police force has previously served in a police force for an area comprised in whole or in part in the area for which his present force is maintained and he ceased to be a member of his [F1 former force and became a member of his] present force by reason only of one or more such statutory transfers as are mentioned in paragraph (2) then, subject to paragraph (3), he shall not be assigned to duties which, in the opinion of the Secretary of State, make it necessary for him to move his home to a place which is outside the area for which his former force was maintained.

(2) In paragraph (1) the reference to a statutory transfer is a reference to a statutory transfer being—

(a) prior to 1st April 1995, a transfer in accordance with the provisions of an amalgamation scheme under the Police Act 1964;

(b) on or after 1st April 1995, a transfer in accordance with an order made under section 21 or 21A of the Police Act 1964 or section 32 of the Act;

(c) a transfer taking effect on 1st April 1974,

except that where the former force was the police force for a borough the said reference is to any statutory transfer.

(3) Paragraph (1) shall not apply to a person by reason of his previous service in a particular police force if—

(a) since he became a member of that police force he has been a chief officer;

(b) after he was statutorily transferred from that police force he has given written notice to the chief officer of the police force of which he was at the time a member that the protection accorded by paragraph (1) should cease to apply to him, or

(c) that force was a county or combined police force and after he was statutorily transferred therefrom but before 1st February 1968 he was assigned to such duties as are mentioned in paragraph (1),

without prejudice, however, to the application of paragraph (1) to him by reason of service in another police force after his statutory transfer from the force first mentioned in this paragraph and before his statutory transfer to his present force.

(4) Paragraph (1) shall apply in the case of a member of a police force who ceased to be such and became a serviceman, a reversionary member of a home police force or a central police officer—

(a) where on ceasing to be such, he resumed service in or, as the case may be, exercised his right of reversion to, his former force, as if he had not ceased to be a member of that force, or

(b) where on ceasing to be such, he resumed service in or, as the case may be, exercised his right of reversion to some other force to which members of his former force had been transferred as mentioned in paragraph (2), as if he had been so transferred from his former force to that other force.

(5) In this regulation, “present force” and “former force” mean, respectively, the force first mentioned and that secondly mentioned in paragraph (1).

Textual Amendments

F1 Words in reg. 21(1) inserted (15.11.2003) by The Police (Amendment) Regulations 2003 (S.I. 2003/2594), regs. 1(1), 6(2)

Duty E+W

22.—(1) The Secretary of State shall determine—

(a) the normal periods of duty of a member of a police force;

(b) the periods allowed for refreshment;

(c) the variable shift arrangements which may be brought into operation by a chief officer;

(d) the manner and timing of the publication of duty rosters and the matters to be contained therein; F2 ...

(e) the circumstances in which travelling time may be treated as duty;

[F3 (f) the circumstances in which a member of a police force is to be treated as if he were a night worker for the purposes of regulation 2(1) (interpretation) of the Working Time Regulations 1998; and

(g) the periods which are to be treated as if they were additional periods of working time for the purposes of regulation 2(1) of the Working Time Regulations 1998];

[F4 (h) the circumstances in which a member of a police force may be placed on limited duties.]

(2) In making a determination under paragraph (1)(a) the Secretary of State may confer on the chief officer discretion to fix the time at which a period commences for the purposes of the determination and may determine the conditions subject to which that discretion is to be exercised.

(3) In making a determination under paragraph (1)(e) the Secretary of State may—

(a) confer on the chief officer discretion to fix a limit on the travelling time which is to be treated as duty;

(b) confer on the [F5 local policing body] discretion to fix a limit on the amount of the expenses which may be reimbursed in respect of such travelling time.

(4) In this regulation “travelling time” means time spent by a member of a police force in travelling to and from his home—

(a) where he is required to perform his normal daily period of duty in more than one tour of duty, between two tours; or

(b) where he is recalled to duty between two tours of duty, in consequence of his recall.

[F6 (5) In this regulation “limited duties” means—

(a) recuperative duties;

(b) adjusted duties;

(c) management restricted duties.]

Textual Amendments

F2 Word in reg. 22(1)(d) omitted (1.2.2007) by virtue of The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 5(2)

F3 Reg. 22(1)(f)(g) inserted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 5(3)

F4 Reg. 22(1)(h) inserted (1.4.2015) by The Police (Amendment) Regulations 2015 (S.I. 2015/455), regs. 1, 4(a)

F5 Words in reg. 22(3)(b) 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)(k)

F6 Reg. 22(5) inserted (1.4.2015) by The Police (Amendment) Regulations 2015 (S.I. 2015/455), regs. 1, 4(b)

[F7 Meetings of the Police Federation treated as police duty E+W

23.— (1) The attendance of a member of a police force [F8 or a special constable] at any of the following meetings of the Police Federation for England and Wales shall be treated as an occasion of police duty—

(a) a meeting of a branch council or a committee of a branch council;

(b) a meeting of a metropolitan executive committee;

(c) a meeting of a branch board or a committee of a branch board;

(d) a meeting of the national council or a committee of that council;

(e) a meeting of the national board or a committee of that board;

(f) the annual conference;

(g) a meeting of the national board with the Joint Central Committee of the Scottish Police Federation and the Joint Central Committee of the Police Federation for Northern Ireland.

(2) Subject to the approval of the chief officer, the attendance of a member of a police force [F8 or a special constable] at an additional meeting of a branch council or a branch board of the Police Federation for England and Wales or at a meeting of a committee of a branch council or branch board is to be treated as an occasion of police duty.

(3) Subject to the approval of the Secretary of State, the attendance of a member of a police force [F8 or a special constable] at a meeting of the Police Federation other than a meeting referred to in paragraph (1) or (2) is to be treated as an occasion of police duty.]

Textual Amendments

F7 Reg. 23 substituted (31.12.2017) by The Police Federation (England and Wales) Regulations 2017 (S.I. 2017/1140), reg. 1(1), Sch. 1 para. 3(2) (with Sch. 3)

F8 Words in reg. 23 inserted (28.6.2022) by The Special Constables (Membership of the Police Federation etc.) (England and Wales) Regulations 2022 (S.I. 2022/505), regs. 1(2), 3(2)