Regulation 14
1.—(1) This paragraph has effect for defining expressions used in this Schedule.
(2) “Qualifying constable” means a constable of a police force who—
(a)immediately before 1st September 1994 was a constable of that or another police force;
(b)was not then on unpaid leave;
(c)has at all times after 31st August 1994 been a constable of a police force; and
(d)has not after that date been on unpaid leave.
(3) “Re-joining constable” means a constable of a police force who by reason only of a relevant absence is not a qualifying constable.
(4) “Relevant absence” means—
(a)a period of central service or overseas service; or
(b)a period of unpaid leave,
ending after 31st August 1994.
(5) “Housing emoluments” means any one or more of the following kinds of payments under the principal Regulations as they had effect before the coming into force of these Regulations:—
(a)a housing allowance under regulation 42;
(b)a transitional rent allowance under regulation 42B;
(c)a supplementary housing allowance under regulation 43; and
(d)a compensatory grant under regulation 45,
and in relation to a re-joining constable includes a rent allowance under regulation 42 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.
2.—(1) A qualifying constable who ceases to occupy a house or quarters with which he had been provided free of rent becomes entitled to a replacement allowance.
(2) The replacement allowance is, subject to paragraph 7 below, an allowance at a rate equal to the total of—
(a)the rate at which housing allowance, or as the case may be transitional rent allowance, was payable, or would have been payable if he had not been occupying the house or quarters, immediately before 1st September 1994, and
(b)the rate at which any allowance under regulation 42(11) or 43(3) was or would have been then payable.
3.—(1) A qualifying constable who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless he is provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7 below, an allowance at a rate at which the housing emoluments were payable immediately before 1st September 1994.
4.—(1) A re-joining constable who immediately before the relevant absence began was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7 below, an allowance at the rate at which, if he had not been occupying the house or quarters, housing allowance or, as the case may be, transitional rent allowance would have been payable—
(a)where the relevant absence began before 1st September 1994, immediately before it began; and
(b)in any other case, immediately before 1st September 1994.
5.—(1) A re-joining constable who immediately before the relevant absence began was in receipt—
(a)of housing emoluments; or
(b)of a replacement allowance under paragraph 2 or 3 above,
becomes entitled to a replacement allowance unless he is provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7 below, an allowance—
(a)where sub-paragraph (1)(a) applies, at the rate at which the housing emoluments were payable; and
(b)where sub-paragraph (1)(b) applies, at the rate at which the previous replacement allowance was payable,
immediately before the relevant absence began.
6. A qualifying constable or a re-joining constable who—
(a)is provided with a house or quarters free of rent; and
(b)if these Regulations had not come into force would have been entitled to an allowance under regulation 42(11) or 43(3) of the principal Regulations,
is, subject to paragraph 7 below, entitled to an equivalent replacement allowance.
7.—(1) Subject to sub-paragraph (2), in circumstances in which—
(a)a housing allowance or transitional rent allowance payable as mentioned in paragraph 2(2) or 4(2) above; or
(b)any of the housing emoluments mentioned in paragraphs 3(1), 5(1)(a) and 6 above,
would, if these Regulations had not come into force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of a discontinuance would have been that no housing emoluments remained payable, terminated.
(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the constable’s being married to or sharing accommodation with another constable appointed after 31st August 1994.
(3) In circumstances in which any housing allowance or housing emoluments mentioned in sub-paragraph (1) would, if these Regulations had not come into force, have fallen to be increased otherwise than under regulation 42A of the principal Regulations (which provided for biennial adjustment of housing allowances) or in which any new housing emoluments would in that case have become payable the replacement allowance in question is increased accordingly.