The Police Regulations 2003

[F1Business interests of members of police forces: generalE+W

7.—(1) Where, in the case of a member of a police force—

(a)a business interest has been held by the appropriate officer to be incompatible with continued membership of the force under regulation 8; and

(b)either—

(i)no appeal has been made under regulation 9, or

(ii)such an appeal has been made and the chief officer has upheld the decision of the appropriate officer,

the decision of the appropriate officer shall be regarded as a lawful order for the purposes of the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008 and, in the event of any failure to abide by the decision, those Regulations shall apply as though the appropriate authority had determined under regulation 19(4) of those Regulations that the member had a case to answer in respect of gross misconduct.

(2) For the purposes of this regulation and regulations 8 and 9 a person has a business interest if—

(a)being a member of a police force, the person holds any office or employment for hire or gain (otherwise than as a member of the force) or carries on any business; or

(b)being a member of a police force or a relative of a member, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question.

(3) Functions of the chief officer under this regulation and regulations 8 and 9 may be exercised only—

(a)by the chief officer personally; or

(b)by an acting chief officer.

(4) A member of a police force may choose—

(a)another member of a police force;

(b)a police staff member, or

(c)a person nominated by the member’s staff association,

who is not otherwise involved in the matter to act as the member’s police friend in relation to the procedures set out in regulations 8 and 9.

(5) A police friend may—

(a)advise the member concerned throughout the procedures set out in regulations 8 and 9;

(b)accompany the member concerned to any meeting held under regulation 8 or 9; and

(c)make representations on the member’s behalf at any such meeting,

and a chief officer shall permit a police friend who is under the chief officer’s direction and control to use a reasonable amount of duty time for these purposes.

(6) In this regulation and regulations 8 and 9—

“acting chief officer” means—

(a)

a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,

(b)

a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, or

(c)

a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;

“appropriate officer” means a person serving in the part of the police force responsible for the maintenance of standards of professional behaviour who has been authorised by the chief officer to exercise functions under regulation 8;

“police staff member” means—

(a)

a member of the civilian staff of a police force (within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011); or

(b)

an employee of the Common Council of the City of London who is under the direction and control of the Commissioner of the City of London Police;

“relative”, in relation to a member of a police force, means—

(a)

a spouse or civil partner who is not separated from the member;

(b)

a person living with the member as if they were the member’s spouse or civil partner; or

(c)

a parent, son, daughter, brother or sister of the member,

who is included in the member’s family;

“staff association” means—

(a)

in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales;

(b)

in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents’ Association of England and Wales; and

(c)

in relation to a member of a police force who is a senior officer, the Chief Police Officers’ Staff Association.

(7) In its application to a chief officer, this regulation and regulations 8 and 9 have effect with the following modifications—

(a)paragraph (3) of this regulation has effect as if it read—

“(3) Functions of the local policing body under this regulation and regulations 8 and 9 may be exercised, where that body is an elected local policing body, only by the body personally or by a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011.”;

(b)in paragraph (6) of this regulation—

(i)the definition of “acting chief officer” is omitted;

(ii)the definition of “appropriate officer” has effect as if it read—

““appropriate officer” means a member of the staff of the local policing body who is not under the direction and control of the chief officer and who has been authorised by the body to exercise functions under regulation 8;”; and

(iii)every other reference to the chief officer has effect as a reference to the local policing body.]

Textual Amendments

F1Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

Modifications etc. (not altering text)