The Special Constables Regulations 1965

Statutory Instruments

1965 No. 536

POLICE

ENGLAND AND WALES

The Special Constables Regulations 1965

Made

19th March 1965

Laid before Parliament

26th March 1965

Coming into Operation

1st April 1965

In exercise of the powers conferred on me by section 34 of the Police Act 1964, I hereby make the following Regulations:—

[F1 Qualifications for appointment E+W

1.   A candidate for appointment as a special constable—

(a) must, if not a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993, have leave to enter or remain in the United Kingdom for an indefinite period;

(b) must satisfy the chief officer of police that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be determined by the chief officer of police;

(c) must have attained the age of 18½ years;

(d) must be of good character;

(e) must be in good health.]

Textual Amendments

F1 Reg. 1 substituted (3.2.2003) by The Special Constables (Amendment) Regulations 2002 (S.I. 2002/3180), regs. 1(2), 2(2)

Suspension E+W

F2 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 2 revoked (1.4.2004) by The Police (Conduct) Regulations 2004 (S.I. 2004/645), regs. 1, 2(2)(a) (with reg. 2(3))

Retirement E+W

3.—(1) A special constable may retire subject to his having given to the chief constable a month's written notice of his intention to retire or such shorter notice as may have been accepted by the chief constable:

Provided that a special constable may not, without the consent of the chief constable, give notice for the purposes of this Regulation, or retire in pursuance of a notice previously given, while suspended under these Regulations.

(2) The chief constable may require a special constable to retire on such date as he may specify—

(a) on account of age;

(b) on the grounds that he is disabled to perform the ordinary duties of a special constable and the disablement is likely to be permanent, or

(c) as an alternative to dismissal, where he has been remiss or negligent in the discharge of his duty or otherwise unfit for the same.

Commencement Information

I1 Reg. 3 in force at 1.4.1965, see reg. 8

Expenses and allowances E+W

4.—(1) A special constable may be reimbursed any out-of-pocket expenses reasonably incurred by him in the execution of his duty or paid an allowance in lieu of such reimbursement.

(2) A special constable may be paid an allowance—

(a) in respect of loss of remuneration in his private employment while required for duty, or

(b) in respect of such other matters as the Secretary of State may from time to time approve.

(3) An allowance paid under this Regulation shall be of such amount and subject to such conditions as the Secretary of State may from time to time approve.

(4) Except as provided in these Regulations, a special constable shall not be entitled to any remuneration in respect of his services as such.

Commencement Information

I2 Reg. 4 in force at 1.4.1965, see reg. 8

Sick pay E+W

5.—(1) Where a special constable loses remuneration in his private employment in consequence of an injury received or disease contracted—

(a) in the execution of his duty, or

(b) while on duty or while on a journey necessary to enable him to report for duty or to return home after duty,

he shall be entitled to an allowance by way of sick pay, as hereinafter provided.

(2) The sick pay shall be payable for so long as the special constable continues to lose remuneration in his private employment or for a period of [F3 28 weeks], whichever is the less; and, subject to paragraph (3) of this Regulation, the rate thereof shall be [F3 the rate of such loss of remuneration.]

[F4 (3) There shall be deducted from the sick pay an amount equal to the amount of any of the following to which the special constable is entitled, that is to say—

(a) any sickness benefit under the Social Security Act 1975, or

(b) any statutory sick pay under the Social Security and Housing Benefits Act 1982.]

Textual Amendments

F3 Words in reg. 5(2) substituted (1.9.1992) by The Special Constables (Amendment) (No. 2) Regulations 1992 (S.I. 1992/1641), regs. 1, 2(a)

F4 Reg. 5(3) substituted (1.9.1992) by The Special Constables (Amendment) (No. 2) Regulations 1992 (S.I. 1992/1641), regs. 1, 2(b)

Commencement Information

I3 Reg. 5 in force at 1.4.1965, see reg. 8

[F5 Special Constables' Allowance E+W

5A.— (1) A police authority may, following a recommendation of the chief officer of police and with the approval of the Secretary of State, undertake to make payments (referred to in this regulation as a Special Constables' Allowance) at a rate set by the police authority to all or any number of special constables appointed for their area.

(2) An approval given for the purposes of this regulation may be withdrawn with effect from the date three months after notice of that approval has been given to the police authority.

(3) The withdrawal of an approval does not affect rights acquired and obligations incurred, whether prospectively or otherwise, in respect of any period before the date from which the withdrawal takes effect.

(4) Different rates of Special Constables' Allowance may be paid under this regulation to different special constables appointed within a police area.]

Textual Amendments

F5 Reg. 5A substituted (10.1.2003) by The Special Constables (Amendment) Regulations 2002 (S.I. 2002/3180), regs. 1(2), 2(3)

Interpretation E+W

6.—(1) In these Regulations the expression “ special constable” means a special constable appointed for a police area in England and Wales and a reference to duty is a reference to duty as such a special constable.

(2) In these Regulations a reference to the chief constable or deputy chief constable is, in relation to a special constable, a reference to the chief constable or, as the case may be, the deputy chief constable for the area for which the special constable is appointed, except that, in relation to a special constable appointed for the metropolitan police district or the City of London, such a reference shall be construed as a reference to the commissioner of police or an assistant commissioner of police of the metropolis or, as the case may be, City of London.

(3) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

Commencement Information

I4 Reg. 6 in force at 1.4.1965, see reg. 8

Revocations E+W

7.—(1) The Orders specified in the Schedule to this Order are hereby revoked.

(2) Section 38 of the Interpretation Act 1889 shall apply in relation to the said Orders as if this Regulation were an Act of Parliament and the said Orders were Acts of Parliament repealed by an Act of Parliament.

Commencement Information

I5 Reg. 7 in force at 1.4.1965, see reg. 8

Citation and commencement E+W

8.  These Regulations may be cited as the Special Constables Regulations 1965 and shall come into operation on 1st April 1965.

Commencement Information

I6 Reg. 8 in force at 1.4.1965, see reg. 8

Frank Soskice

One of Her Majesty's Principal Secretaries of State

Home Office ,Whitehall

19th March 1965

Regulation 7

SCHEDULE E+W ORDERS REVOKED

Commencement Information

I7 Sch. in force at 1.4.1965, see reg. 8

Orders	References
The Special Constables Order 1923	S.R. & O. 1923/905 (Rev. XVIII, p. 180: 1923, p. 147).
The Special Constables (No. 2) Order 1940	S.R. & O. 1940/1274 (Rev. XVIII, p. 180: 1940 I, p. 199).
The Special Constables Order 1942	S.R. & O. 1942/1904 (Rev. XVIII, p. 185: 1942 I, p. 76).
The Special Constables Order 1948	S.I. 1948/866 (Rev. XVIII, p. 180: 1948 I, p. 3480).

Regulation 5A

F6 SCHEDULE 2 E+W BOUNTY PAYMENTS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 omitted (10.1.2003) by virtue of The Special Constables (Amendment) Regulations 2002 (S.I. 2002/3180), regs. 1(2), 2(4)

EXPLANATORY NOTE

These Regulations, which come into operation on 1st April 1965 (when the provisions of the Police Act 1964 relating to special constables come into force), relate to the qualifications for appointment, suspension, retirement and allowances of special constables in England and Wales. They also revoke the Special Constables Order 1923 and the Orders amending that Order.