The Police (Amendment No. 4) Regulations 2012

Fixed term appointments of senior officers

4.—(1) Regulation 11 of the 2003 Regulations (appointment of senior officers) is amended as follows.

(2) In paragraph (2A), for “(2B)” substitute “(2B) to (2D)”.

(3) In paragraph (2B), omit all of the words after “each of a maximum of one year”.

(4) After paragraph (2B) insert—

“(2C) The reference in paragraph (2B) to the person who made the appointment shall have effect—

(a) in the case of an appointment of a deputy chief constable under section 11A of the Act(1), as a reference to the chief constable; and

(b) in the case of an appointment of an Assistant Commissioner under section 9F of the Act or a Deputy Assistant Commissioner under section 9FA of the Act(2), as a reference to the Commissioner of Police of the Metropolis.

(2D) Where an appointment for a fixed term is due to expire at a time when the person appointed is acting as chief officer, the appointment shall not expire until—

(a) the date when the person ceases to act as chief officer, if the reason for the cessation is that the person is appointed as chief officer; or

(b) six months after the date when the person ceases to act as chief officer, if the reason for the cessation is that another person is appointed as chief officer.

(2E) Where sub-paragraph (b) of paragraph (2D) applies, the chief officer shall notify the person appointed, not less than three months before the end of the six month period mentioned in that sub-paragraph, as to whether or not the appointment is to be extended in accordance with paragraph (2B) (and, if it applies, paragraph (2C)).

(2F) For the purposes of paragraph (2D) a person is acting as chief officer when the person is—

(a) exercising or performing functions of a chief constable in accordance with section 41(1)(a) of the Police Reform and Social Responsibility Act 2011;

(b) exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44(1)(a) or (b) of that Act; or

(c) 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(3).”.

(5) In paragraph (3), for “Paragraph (2) is” substitute “Paragraphs (2) and (2D) are”.

(1)

Section 11A was inserted by section 123(1) of the Criminal Justice and Police Act 2001 (c. 16) and is repealed by paragraph 15 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(2)

Sections 9F and 9FA were inserted by section 319 of the Greater London Authority Act 1999 (c. 29) and section 122(1) of the Criminal Justice and Police Act 2001 respectively, and are repealed by paragraph 13 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(3)

2 & 3 Vict. x xciv.