The Police Regulations 2003

Business interests incompatible with membership of a police force E+W

7.—(1) If a member of a police force F1 ... proposes to have, or has, a business interest within the meaning of this regulation, the member shall forthwith give written notice of that interest to the chief officer unless that business interest [F2 has previously been disclosed].

[F3 (1A) If a member of a police force is or becomes aware that a relative included in his family proposes to have, or has, a business interest within the meaning of this regulation which in the opinion of that member interferes, or could be seen as interfering, with the impartial discharge of his duties, then that member shall forthwith give written notice of that interest to the chief officer unless that business interest has previously been disclosed.]

(2) On receipt of [F4 a notice given under paragraph (1) or (1A) or a referral given under paragraph (5A)], the chief officer shall determine whether or not the interest in question is compatible with the member concerned remaining a member of the force and, within 28 days of the receipt of that notice [F5 or, as the case may be, that referral], shall notify the member in writing of his decision.

[F6 (2A) In making a determination under paragraph (2) the chief officer shall have regard to whether as a result of the interest in question the member’s conduct fails, or would fail, to meet the appropriate standard set out in the Code of Conduct in Schedule 1 to the Police (Conduct) Regulations 2004.]

(3) Within 10 days of being notified of the chief officer’s decision as aforesaid, or within such longer period as the [F7 local policing body] may in all the circumstances allow, the member concerned may appeal to the [F7 local policing body] against that decision by sending written notice of his appeal to the [F7 local policing body].

(4) Upon receipt of such notice, the [F7 local policing body] shall forthwith require the chief officer to submit to them, within the next following 10 days, a notice setting out the reasons for his decision and copies of any documents on which he relies in support of that decision; and the [F7 local policing body] shall send to the member concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.

(5) Where a member of a police force has appealed to the [F7 local policing body] under paragraph (3) the [F7 local policing body] shall, [F8 subject to paragraph (5A),] within 28 days of receiving his comments on the notice and any other documents submitted by the chief officer under paragraph (4), or of the expiration of the period afforded for making comments if none have by then been received, give him written notice of their determination of the appeal but, where they have upheld the decision of the chief officer and, within 10 days of being so notified or within such longer period as the [F7 local policing body] may in all the circumstances allow, the member makes written request to the [F7 local policing body] for the reference of the matter to the Secretary of State, the matter shall be so referred and, unless and until the determination of the [F7 local policing body] is confirmed by the Secretary of State, it shall be of no effect and in particular, no action in pursuance thereof shall be taken under paragraph (6).

[F9 (5A) In a case where it appears to the [F7 local policing body] that—

(a) the member has adduced substantive reasons why he or a relative included in his family should be permitted to have the business interest in question and those reasons have not been considered by the chief officer, or

(b) in reaching his determination under paragraph (2) the chief officer failed to apply fair procedures,

then the [F10 body] may refer the matter back to the chief officer for redetermination under paragraph (2).]

(6) Where a member of a police force, or a relative included in his family, has a business interest within the meaning of this regulation which the chief officer has determined, under paragraph (2), to be incompatible with his remaining a member of the force and either the member has not appealed against that decision under paragraph (3) or, subject to paragraph (5), on such appeal, the [F7 local policing body] has upheld that decision, then, the chief officer may, subject to the approval of the [F7 local policing body], dispense with the services of that member; and before giving such approval, the [F7 local policing body] shall give the member concerned an opportunity to make representations and shall consider any representations so made.

Textual Amendments

F1 Words in reg. 7(1) omitted (1.2.2007) by virtue of The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(2)(a)

F2 Words in reg. 7(1) substituted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(2)(b)

F3 Reg. 7(1A) inserted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(3)

F4 Words in reg. 7(2) substituted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(4)(a)

F5 Words in reg. 7(2) inserted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(4)(b)

F6 Reg. 7(2A) inserted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(5)

F7 Words in reg. 7 substituted (16.1.2012 in relation to the Metropolitan police district and 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(e)

F8 Words in reg. 7(5) inserted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(6)

F9 Reg. 7(5A) inserted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 2(7)

F10 Word in reg. 7(5A) substituted (16.1.2012 in relation to the Metropolitan police district and 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 5(2)(b)