- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). This item of legislation is currently only available in its original format.
52.—(1) Where a member of the police force moves his home in circumstances to which this paragraph applies, the police authority—
(a)shall either reimburse the reasonably incurred cost of removal or carry out the removal;
(b)shall, where the member was the owner of his former home, reimburse expenses reasonably incurred by him in connection with the disposal thereof;
(c)shall, where the member is the owner of his new home, reimburse expenses reasonably incurred by him in connection with the acquisition thereof if—
(i)he was the owner of his former home, or
(ii)the police authority, after consulting the chief officer of police, are satisfied that he could neither have been provided with a suitable house or quarters nor have been reasonably expected to find suitable rented accommodation within a reasonable distance of his normal place of duty,
so, however, that where the police authority are of opinion that the member could have acquired a suitable home for a consideration less than that actually paid, they may restrict the reimbursement of expenses directly related to the consideration paid by him to expenses which would have been reasonably incurred had he paid that lesser consideration;
(d)shall reimburse the member payments made by him to meet relevant liabilities in respect of the first 26 weeks following the move and may, if they think fit, reimburse him such payments in respect of such further period as they may determine so, however, that where the police authority are of opinion that the member has not taken all reasonable steps to reduce or terminate his liability to make such payments as aforesaid they may restrict the reimbursement to payments which the member would have been liable to make had he taken all such steps.
(2) Paragraph (1) applies where the member moves his home—
(a)on joining the force in the rank of assistant chief constable or a higher rank; or
(b)except as a consequence of joining the force otherwise than on being statutorily transferred thereto, and the removal is, in the opinion of the chief officer of police, due to the exigencies of police duty or is made at the request of the chief officer of police and is, in his opinion, in the interests of the efficiency of the force.
(3) For the purposes of paragraph (1)(d) relevant liabilities are—
(a)liabilities in respect of mortgage interest or rent payable in connection with his former home; and
(b)in respect of any days in respect of which he is liable to pay council tax in respect of his former home, the amount by which that tax and any council tax he is liable to pay in respect of his new home exceeds the council tax that he would have been liable to pay in respect of his former home if he had not moved from it.
(4) Where a member of a police force moves his home in consequence of his voluntarily transferring from one force to another, otherwise than in circumstances to which paragraph (2) applies, the police authority of the force to which he transfers—
(a)may either reimburse the reasonable cost of removal or carry out the removal;
(b)may, in the circumstances mentioned in paragraph (1)(b), reimburse the expenses there mentioned;
(c)may, in the circumstances and subject to the conditions mentioned in paragraph (1)(c), reimburse the expenses there mentioned;
(d)may, subject to the conditions mentioned in paragraph (1)(d), reimburse the expenses there mentioned.
(5) Where the cost of removal is reimbursed or the removal is carried out by the police authority under paragraph (1) or (4), then, subject to paragraph (6), in respect of expenditure incidental to the move the police authority shall pay the member an allowance of the amount hereinafter provided.
(6) An allowance under paragraph (5)—
(a)shall not be payable, where a member who has never been married moves from furnished accommodation;
(b)shall only be payable if the chief officer of police so decides, where a member moves from unfurnished into furnished accommodation.
(7) In the case of a member who—
(a)moves into furnished accommodation; or
(b)moves into unfurnished accommodation but has not previously, while a member of a police force, lived in such accommodation,
the amount of the allowance under paragraph (5) shall be £20.
(8) In the case of any other member the amount of the allowance under paragraph (5) shall not exceed £1,315 nor be less than the minimum amount mentioned in paragraph (9) but, subject as aforesaid, shall equal the aggregate of the following amounts—
(a)the amount of the expenditure incidental to the move reasonably incurred by the member, and
(b)where he satisfies the police authority that, in consequence of the move, he has failed to benefit, in whole or in part, from expenditure reasonably incurred by him prior to the move (other than such payments as are referred to in paragraph (1)(d)), the whole or the proportionate part of that expenditure so far as it is not recoverable by him.
(9) The minimum amount referred to in paragraph (8) shall be—
(a)where the member holds, or is transferring to be appointed in, a rank higher than that of superintendent, such amount as may be determined by the police authority;
(b)where he holds, or is transferring to be appointed in, the rank of superintendent, £129;
(c)where he holds, or is transferring to be appointed in, the rank of inspector or chief inspector, £102;
(d)where he holds, or is transferring to be appointed in, any rank lower than inspector, £82.
(10) Where a member of a police force has been requested by the chief officer of police, in the interests of the efficiency of the force, to move his home, and—
(a)the member has, in consequence, in connection with the contemplated disposal of his home and acquisition of a new home, incurred any expenses; and
(b)he would, if he had moved his home, have been reimbursed those expenses by the police authority in pursuance of paragraph (1)(b) or (c); but
(c)in consequence of a subsequent decision of the chief officer of police, the member does not in fact move his home,
he shall be entitled, notwithstanding that he has not moved his home, to be reimbursed those expenses by the police authority.
(11) In this regulation—
(a)any reference to an owner of any property is a reference to an occupier thereof whose interest therein is either a freehold interest or a leasehold interest which is neither a yearly or shorter tenancy nor a furnished tenancy, and
(b)any reference to expenses incurred in connection with the disposal or acquisition of any property shall be construed as including, in particular, estate agent's, auctioneer’s and solicitor’s fees, stamp duty and expenses in connection with the redemption, transfer or taking out of a mortgage; and any reference to expenses incurred in connection with the acquisition of any property shall be construed as also including expenses in connection with the contemplated acquisition of a property other than that acquired.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys: