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(This note is not part of the Regulations)
These Regulations amend the Police Regulations 2003 (“the 2003 Regulations”) by replacing the provisions about business interests held by police officers, candidates for appointment to police forces, and their relatives, and by inserting new provisions about biometric vetting of candidates.
New regulation 7 of the 2003 Regulations, substituted by these Regulations, defines key terms such as “business interest” and “relative”. These carry the same meaning as under the existing provisions. New regulation 7 also sets out the consequences if a police officer’s business interest is held to be incompatible with the officer’s continued membership of the force. In the event of a failure by the officer to abide by such a decision, the officer is treated as though a finding had been made that he had a case to answer in respect of gross misconduct under the Regulations dealing with police conduct, and proceedings may be taken against him under those Regulations accordingly. This is a change from the current position, whereby the chief officer of police has the power to dismiss the officer in the event of a failure to abide by a decision, with the approval of the police authority but without undertaking disciplinary proceedings.
New regulation 7 further requires the functions of the chief officer under the business interest provisions to be performed by the chief officer personally, or by a senior officer standing in for the chief officer under specific statutory provisions that permit this. Delegation of the chief officer’s functions is prohibited.
Finally, new regulation 7 allows a police officer to be supported, during the process of consideration of a business interest, by a police friend. This accords with the position for proceedings under the Regulations dealing with police conduct and performance.
New regulation 8 of the 2003 Regulations sets out the process for notification of a business interest by a police officer, and for consideration by an authorised officer within the force’s professional standards department (the “appropriate officer”) of whether the business interest is compatible with membership of the force. The regulation provides for the police officer concerned to be able to make representations orally, in writing or both, and to receive written notice of the decision of the appropriate officer.
New regulation 9 of the 2003 Regulations provides a right of appeal to the chief officer, in the event that the appropriate officer finds that the business interest is incompatible with membership of the force, or is only compatible if conditions are imposed. This replaces the rights of appeal to the police authority and the Secretary of State under the current Regulations. Again, the regulation provides for the police officer concerned to make oral or written representations, or both. On an appeal the chief officer may uphold or reverse the decision of the appropriate officer or, in defined circumstances, may remit the matter to the appropriate officer for reconsideration.
New regulation 9A of the 2003 Regulations replicates the existing provisions of regulation 9 about approval of a business interest of a candidate for appointment to a police force, or a candidate’s relative.
These Regulations also insert a new regulation 10A in the 2003 Regulations so as to make an offer of appointment to a police force (other than on transfer from another force or the special constabulary) conditional on the candidate consenting to his fingerprints and a sample being taken, in order that a speculative search can be made against databases of other fingerprints, samples or information derived from samples held by law enforcement agencies in connection with or as a result of the investigation of offences.
These Regulations further amend the 2003 Regulations so as to ensure that a member of a police force who has provided fingerprints and samples in accordance with the new regulation 10A does not have to provide them again under other provisions of the 2003 Regulations. The amendments also ensure that fingerprints and samples taken under the new regulation 10A are treated in the same way as those taken under those other provisions.
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