Royal Ulster Constabulary Regulations 1996

Fixed term appointments for certain ranks

10.—(1) This regulation applies to every appointment of a person to the rank of chief constable, deputy chief constable or assistant chief constable.

(2) Where it is proposed to vary by agreement the conditions of service of a person who on 1st April 1995 held one of the ranks specified in paragraph (1) indefinitely so that he holds that rank instead for a fixed term—

(a) that term shall be for a period authorised by paragraph (5) or, as the case may be, paragraph (6); and

(b) this regulation shall apply to such a variation as it applies to an appointment and as if the variation was an appointment.

(3) Subject to paragraphs (5) and (6), the length of the term of an appointment of such a person as is specified in paragraph (1) or (2) shall be determined by the Secretary of State.

(4) In determining the length of the term of an appointment of such a person as is specified in paragraph (1) or (2), other than a person appointed to the rank of chief constable, the Secretary of State shall consider the views of the Police Authority.

(5) Subject to paragraphs (7) to (9), an appointment to the rank of chief constable shall be for a term of—

(a) not more than seven years, and

(b) not less than four years except with the agreement of the person so appointed.

(6) Subject to paragraphs (7) to (9), an appointment to the rank of deputy chief constable or assistant chief constable shall be for a term of—

(a) not more than either—

(i) ten years, or

(ii) a period expiring with the date at which the person appointed reaches minimum retirement age or, if that period is less than four years, four years,

whichever of the periods in heads (i) and (ii) is the shorter, and

(b) not less than four years except with the agreement of the person so appointed.

(7) The term of appointment to which this regulation applies may be extended by agreement for a single period not exceeding one year where, in the opinion of the Secretary of State, the particular circumstances in which such an extension is sought are such as to justify it.

(8) The term of appointment to which this regulation applies may be extended by agreement for a period or periods up to the time when the person appointed—

(a) has completed 30 years' pensionable service for the purposes of the Pensions Regulations, or

(b) has completed 25 years' pensionable service for those purposes and has attained the age of 50 years, whichever is the earlier.

(9) This regulation is without prejudice to any provision whereby a term of appointment comes to an end on promotion or transfer to another police force and to regulation 14(1) and (2) (retirement) and the provisions referred to in regulation 14(3).

(10) A person does not cease to be eligible for an appointment to which this regulation applies by reason only of the fact that he has completed an appointment for a term determined in accordance with this regulation.

(11) In this regulation “the minimum retirement age” means—

(a) in the case of a person who, on attaining the age of 55, will be entitled to reckon not less than 25 years' pensionable service for the purposes of the Pensions Regulations, that age; or

(b) in the case of a person who, on obtaining that age, will not be entitled to reckon 25 years' pensionable service for the purposes of those regulations, the age at which he will be so entitled or the age at which he will be required to retire under regulation A16(1) of those regulations, whichever is the earlier.

(12) For the purposes of determining an entitlement under paragraph (11), an election under regulation G4 of the Pensions Regulations (election not to pay pension contributions) shall be disregarded.