The Police Regulations 2003

1.—(1) This paragraph has effect for defining expressions used in paragraphs 2 to [F1 8]. E+W

(2) “Qualifying member” means a member of a police force who—

(a) immediately before 1st September 1994 was a member of that or another police force,

(b) was not then on unpaid leave,

(c) has at all times after 31st August 1994 been a member of a police force, and

(d) has not after that date been on unpaid leave.

(3) Where a member of a police force in Scotland or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.

(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.

[F2 (4A) Where a member of the Royal Parks Constabulary in receipt of a housing allowance transfers on or after 1st July 2004 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.]

(5) “Re-joining member” means a member of a police force who by reason only of a relevant absence is not a qualifying member.

(6) “Relevant absence” means—

(a) a period of central service or overseas service, or

(b) a period of relevant service within the meaning of paragraph (ca), (cb) or (cc) of section 97(1) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland, or

(c) a period of unpaid leave, [F3 or

(d) a period of ill-health retirement, or

(e) a period of service as a [F4 specified NCA officer],]

ending after 31st August 1994.

[F5 (6A) In sub-paragraph (6), “period of ill-health retirement” means a period—

(a) commencing when a member of a police force retires with an entitlement to an ill-health award under regulation B3 of the Police Pensions Regulations 1987 or with an ill-health pension under regulation 29 of the Police Pensions Regulations 2006, and

(b) ending when the member rejoins the force in accordance with regulation K1(3) of the Police Pensions Regulations 1987 or regulation 51(4) of the Police Pensions Regulations 2006, as the case may be.]

(7) “Housing emoluments” means a housing allowance paid to members of the British Transport Police Force [F6 or Royal Parks Constabulary] or any one or more of the following kinds of payments under the revoked provisions M1 as they had effect before 1st September 1994—

(a) a housing allowance under regulation 49,

(b) a transitional rent allowance and a transitional supplementary rent allowance under regulation 49B,

(c) a supplementary housing allowance under regulation 50,

(d) a compensatory grant under regulation 52, and

(e) a compensatory allowance under regulation 52B,

and in relation to a re-joining member includes a rent allowance under regulation 49 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b) above.

(8) “The revoked provisions” means the provisions of the 1987 Regulations relating to housing and housing payments that were revoked on 1st September 1994, that is to say regulations 49 to 52, 52B and 72, paragraphs 16 to 18 of Schedule lA and paragraph 4(1) and (2) of Schedule 4 M2 .

(9) “The 1987 Regulations” means the Police Regulations 1987 M3 .

[F7 (10) Where a qualifying member or a re-joining member resides in accommodation which he shares with a [F8 specified NCA officer] falling within sub-paragraph (11), that member shall, for the purposes of this Schedule and the revoked provisions, be treated as if he shared the accommodation with a member of a police force.

(11) A [F9 specified NCA officer] falls within this sub-paragraph if—

(a) before becoming a [F10 specified NCA officer] the employee was a qualifying member or a re-joining member; and

(b) the employee is in receipt of an allowance equivalent to the replacement allowance he would receive if he continued to be a qualifying member or a re-joining member, as the case may be.]

Textual Amendments

F1 Word in Sch. 3 para. 1(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Police (Amendment) Regulations 2007 (S.I. 2007/1160), reg. 2(2)

F2 Sch. 3 para. 1(4A) inserted (7.11.2005) by The Police (Amendment) Regulations 2005 (S.I. 2005/2834), regs. 1(1), 6(1)

F3 Sch. 3 para. 1(6)(d)(e) and word inserted (with effect from 1.4.2003) by The Police (Amendment) Regulations 2012 (S.I. 2012/192), regs. 1(2)(a), 7(2)

F4 Words in Sch. 3 para. 1(6)(e) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 46(2) (with art. 3)

F5 Sch. 3 para. 1(6A) inserted (with effect from 1.4.2003) by The Police (Amendment) Regulations 2012 (S.I. 2012/192), regs. 1(2)(a), 7(3)

F6 Words in Sch. 3 para. 1(7) inserted (7.11.2005) by The Police (Amendment) Regulations 2005 (S.I. 2005/2834), regs. 1(1), 6(2)

F7 Sch. 3 para. 1(10)(11) inserted (23.2.2012) by The Police (Amendment) Regulations 2012 (S.I. 2012/192), regs. 1(2), 7(4)

F8 Words in Sch. 3 para. 1(10) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 46(3) (with art. 3)

F9 Words in Sch. 3 para. 1(11) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 46(4)(a) (with art. 3)

F10 Words in Sch. 3 para. 1(11)(a) substituted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 46(4)(b) (with art. 3)

Marginal Citations

M1 By S.I. 1994/2195.

M2 Regulations 49, 49A, 49B, 49C, 49D, 50 and 51 were inserted by S.I. 1990/1127, 1990/1573 and 1993/1198; regulation 52B was substituted by S.I. 1994/1308; regulations 52 and 72 and paragraph 4(1) and (2) of Schedule 4 were amended by S.I. 1990/401; and paragraphs 16 to 18 of Schedule 1A were inserted by S.I. 1992/1278.

M3 S.I. 1987/851.