[F1Business interests of members of police forces: notification and determinationE+W
8.—(1) If a member of a police force—
(a)has or proposes to have a business interest which has not previously been disclosed; or
(b)is or becomes aware that a relative has or proposes to have a business interest which, in the opinion of the member, interferes or could be seen as interfering with the impartial discharge of the member’s duties and has not previously been disclosed,
the member shall immediately give written notice of that business interest to the chief officer.
(2) On receipt of a notice given under paragraph (1), the chief officer shall direct the appropriate officer to decide whether or not the business interest is compatible with the member concerned remaining a member of the police force.
(3) In deciding whether the business interest is compatible with the member concerned remaining a member of the police force, the appropriate officer shall have regard to whether, as a result of the business interest, the member’s conduct fails or would fail to meet the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008.
(4) Where the appropriate officer is minded to decide that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the officer shall—
(a)notify the member in writing of this preliminary view and the reasons for it;
(b)give the member the opportunity to make representations in writing, at a meeting, or both, at the discretion of the member; and
(c)take any such representations into account.
(5) Whether or not notification is given under paragraph (4), the appropriate officer shall, within 28 days of receipt of the notice given under paragraph (1), notify the member concerned in writing of the officer’s decision in relation to the business interest.
(6) Where the decision is that the business interest is compatible with the member concerned remaining a member of the police force, the notification under paragraph (5) may include a requirement for the member to furnish particulars of changes in the business interest, as respects its nature, extent or otherwise.
(7) Where the decision is that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the notification under paragraph (5) shall—
(a)include a statement of the reasons for the decision;
(b)be accompanied by copies of any document on which the officer relies in support of the decision, and
(c)inform the member of the existence of the right of appeal under regulation 9.
(7) Where a member of a police force is required to furnish particulars of changes in a business interest under paragraph (6), then in the event of any such change being proposed or occurring this regulation shall have effect as though the changed business interest were a newly proposed or newly acquired business interest.]
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