The Police (Amendment) Regulations 2015

Statutory Instruments

2015 No. 455

Police, England And Wales

The Police (Amendment) Regulations 2015

Made

26th February 2015

Laid before Parliament

5th March 2015

Coming into force

1st April 2015

The Secretary of State, in exercise of the powers conferred by section 50 of the Police Act 1996(1), makes the following Regulations.

In accordance with section 50(2ZC)(2) of that Act, and in so far as these regulations relate to matters specified in that subsection, the text of these Regulations has been approved by the College of Policing.

In accordance with section 52A(5)(b)(3) of that Act, and in so far as these Regulations relate to matters specified in section 52A(1), the Secretary of State has not considered advice from the Senior Salaries Review Body or referred these matters to the Police Remuneration Review Body because she considers it is unnecessary to do so by reason of the nature of the Regulations .

In accordance with section 52A(6), and in so far as these Regulations relate to matters specified in section 52A(1), before making these Regulations the Secretary of State has supplied a draft of them to, and considered any representations made by, persons whom the Secretary of State considers to represent the interests of those persons referred to in section 52A(6).

In accordance with section 63(3)(4) of that Act, and in so far as these Regulations relate to matters other than those mentioned in sections 50(2ZC) and 52A(1), the Secretary of State has supplied the Police Advisory Board for England and Wales with a draft of these Regulations , and has taken into consideration any representations made by that Board.

Citation and commencement

1.  These Regulations may be cited as the Police (Amendment) Regulations 2015 and come into force on 1st April 2015.

Amendments to the Police Regulations 2003

2.  The Police Regulations 2003(5) are amended as follows.

3.  In Regulation 19(6)—

(a) for paragraph (1), substitute—

“(1) Every member of a police force must provide a sample when directed to do so by the chief officer and in accordance with any such direction.”;

(b) after paragraph (2) insert—

“(2A) Samples or the information derived from samples of members of a police force taken in accordance with this regulation (or treated as if so taken, by virtue of regulation 10A(3)(b)(7)) may be checked against samples or the information derived from samples taken in accordance with the Police and Criminal Evidence Act 1984(8) or recovered from scenes of crime.”;

(c) for paragraph (3), substitute-

“(3) Samples of a member of a police force taken in accordance with this regulation shall be destroyed before the end of the period of six months beginning with the date on which they were taken.

(3A) The information derived from samples of a member of a police force taken in accordance with this regulation, and all copies and records thereof, shall be destroyed within 12 months of that member ceasing to be a member of that police force except by reason of a transfer to another force.”;

(d) omit paragraph (5).

4.  In regulation 22(9)—

(a) in paragraph (1), insert after paragraph (g)—

“(h) the circumstances in which a member of a police force may be placed on limited duties.”;

(b) after paragraph (4), insert—

“(5) In this regulation “limited duties” means—

(a) recuperative duties;

(b) adjusted duties;

(c) management restricted duties.”.

5.  After regulation 28, insert—

“28A.   Entitlement to pay when on adjusted duties

The Secretary of State shall determine the reduction in entitlement to pay of a member of a police force during periods when that member is carrying out adjusted duties in accordance with a determination under regulation 22(1)(h), and in making such a determination the Secretary of State may confer on the chief officer discretion to allow a member of a police force to receive more pay than that specified in the determination.”.

6.  In regulation 46, for paragraph 1 substitute—

“(1) Before making a determination under any provision of these Regulations relating to matters mentioned in section 50(2ZC) of the Act, the Secretary of State must obtain the approval of the College of Policing.

(1A) Before making a determination under any provision of these Regulations relating to matters mentioned in section 52A(1) of the Act, the Secretary of State shall (subject to paragraph (1B))—

(a) where the determination concerns members of police forces of or below the rank of chief superintendent, or police cadets—

(i) refer the matter to the Police Remuneration Review Body under section 64B(1) of the Act; and

(ii) consider that body’s report on the matter;

(b) where the determination concerns members of police forces above the rank of chief superintendent—

(i) consider advice on the matter from the Senior Salaries Review Body; or

(ii) where sub-paragraph (c) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) of the Act and consider that body’s report on the matter;

(c) this sub-paragraph applies where—

(i) the determination would affect members of police forces who are not above the rank of chief superintendent as well as those who are; and

(ii) the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.

(1B) The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—

(a) there is not enough time to do so because the need to make the determination is so urgent; or

(b) it is unnecessary to do so by reason of the nature of the proposed determination.

(1C) In circumstances in which the duty in paragraph (1A) applies, or would have applied but for paragraph (1B), before making the determination the Secretary of State shall supply a draft of it to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—

(a) the persons and bodies who between them maintain police forces;

(b) chief officers of police;

(c) members of police forces; and

(d) police cadets appointed under section 28 of the Act.”.

Mike Penning

Minister of State

Home Office

26th February 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make various amendments to the Police Regulations 2003 (“the 2003 Regulations”).

Regulation 3 amends regulation 19 of the 2003 Regulations in order to require DNA samples to be taken from serving police officers, and not just from candidates for appointment and new recruits as was the case before these Regulations came into force. The samples are to be used for elimination purposes – in other words, for the purposes of establishing that a sample recovered from a crime scene does not originate from a police officer dealing with the crime. This includes checking DNA profiles recovered from crime scene samples against the profiles of individual police officers, and also wholesale checking of the database of police officers’ profiles against the National DNA Database. Individual samples will be destroyed 12 months after the relevant officer leaves a police force, except where they transfer to another force.

Regulation 4 amends regulation 22 of the 2003 Regulations by inserting new provision to allow the Secretary of State to determine the circumstances in which a member of a police force may be placed on limited duties, and defines limited duties as recuperative duties, adjusted duties and management restricted duties. Regulation 5 inserts a new regulation 28A into the 2003 Regulations to require the Secretary of State to determine the entitlement to pay of a member placed on adjusted duties.

Regulation 6 amends regulation 46 of the 2003 Regulations in order to update it in the light of the changes made by the Anti Social Behaviour, Crime and Policing Act 2014, including the abolition of the Police Negotiating Board. The requirements for consultation concerning proposed determinations will now broadly mirror the new consultation requirements relating to the making of regulations under section 50 of the Police Act 1996.

(1)

1996 c. 16. Section 50 was amended by paragraph 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4), section 3 of the Policing and Crime Act 2009 (c. 26), section 82(12) of, and paragraph 32 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13), paragraph 23 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25) and section 123(1) of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).

(2)

Section 50(2ZC) was inserted by section 123(1) of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), with effect from 13th May 2014 (S.I. 2014/949). Section 123 was the subject of a correction slip published on 4th August 2014.

(3)

Section 52A was inserted by section 133(1) of the Anti-Social Behaviour, Crime and Policing Act 2014.

(4)

Section 63(3) was amended by section 59 of, and paragraphs 68 and 78(1) and (3) of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15); section 1(3) of, and Schedule 1, Part 7, paragraphs 61, and 68(1) and (3) to, the Police and Justice Act 2006 (c. 48); section 126(1) of, and paragraphs 1 and 6(1) and (2) of Schedule 22 to, the Criminal Justice and Immigration Act 2008 (c. 4); section 10(3)(a) and (b) of the Policing and Crime Act 2009; section 15(3) of, and Schedule 8, Part 2, paragraphs 38 and 43 to, the Crime and Courts Act 2013 (c. 26); and sections 123(4) and 133(2) of the Anti-Social Behaviour, Crime and Policing Act 2014. Other amendments have been made to this section that are not relevant.

(5)

S.I. 2003/527.

(6)

Regulation 19 was amended by S.I. 2012/680 and S.I. 2012/1960.

(7)

Regulation 10A was inserted by S.I. 2012/1960.

(8)

1984 c. 60.

(9)

Regulation 22 was amended by S.I. 2006/3449 and other amendments have been made that are not relevant to these Regulations.