The Police Regulations 1995

Regulation 7

SCHEDULE 1 MODIFICATION FOR PART-TIME SERVICE

1.  In regulation 4 (meanings assigned to certain expressions) after paragraph (4) insert—

“(5) In relation to a member of a police force below the rank of inspector—

(a) the determined hours are the number of hours which the chief officer of police has determined under regulation 24(2) or (4A)(a) as his normal period of duty in a relevant period,

(b) a relevant period is a period for which a duty roster relating to him has effect for the time being under regulation 27, and

(c) the appropriate factor is

where—

• A is the number of the determined hours, and

• B is 40 times the number of weeks in the relevant period.

(6) In relation to a member of a police force above the rank of sergeant the appropriate factor is

.”.

2.  In regulation 14 (probationary service in the rank of constable)—

(a) in paragraph (1) omit the words after “constable”;

(b) in paragraph (2) for the words after “this regulation applies”substitute “may be required to serve on probation for such period, not exceeding 2 years and 6 months, as the chief officer of police, with the approval of the Secretary of State, determines in the circumstances of a particular case.”; and

(c) omit paragraph (3) and paragraph (4)(c) and (d).

3.  In regulation 15 (discharge of probationer)—

(a) in paragraph (1) for the words “his period”substitute “any period”; and

(b) after paragraph (4) insert—

“(4A) For the purposes of this regulation a month’s pay is to be calculated by multiplying one twelfth of the annual rate ascertained from Schedule 6 by the appropriate factor.”.

4.  In regulation 24 (normal daily period of duty) for paragraphs (2) to (4) substitute—

“(2) The normal period of duty in every relevant period of a member of a police force to whom this regulation applies, which is to be performed in accordance with general arrangements made by the chief officer of police after consulting the police authority and local representatives of the representative bodies, is, subject to paragraph (4A), the total number of hours determined by the chief officer with the agreement of the member at the time of his appointment.

(3) For the purposes of paragraph (2) a day of annual leave counts as a period of duty of 8 hours multiplied by the appropriate factor.

(4) The chief officer shall review a member’s normal period of duty at intervals of not more than 52 weeks, and in doing so shall have regard to the number of hours actually spent on duty during the interval preceding the review.

(4A) After a review under paragraph (4)—

(a) any number of hours different from that determined under paragraph (2) which was determined by the chief officer and agreed to by the member becomes the member’s normal period of duty, and

(b) if no different number was agreed to by the member, his normal period of duty is the number of hours determined under paragraph (2).

(4B) The number of hours determined under paragraph (2) or (4A)(a) must not be less than 16 times the number of weeks in the relevant period.

(4C) As far as the exigencies of duty permit, a shift shall consist of one continuous period.

(4D) Where in one day a member is on duty for a continuous period of 5 hours or more, an interval for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the Table below.

Number of hours	Refreshment interval
Less than 6 hours	30 minutes
6 hours or more, but less than 7 hours	35 minutes
7 hours or more, but less than 8 hours	40 minutes
8 hours or more	45 minutes

(4E) Where a shift consists of two periods amounting in total to 5 hours or more and the member does not travel to and from his home between those periods, an interval for refreshment and rest shall normally be included at the beginning or end of one of them.”.

5.  In regulation 27 (rostering of duties)—

(a) in paragraph (1)—

(i) omit the word “annual”, and

(ii) after sub-paragraph (b) insert—

“and

(c) a reference to a free day is to be construed as a reference to a day which is not—

(i) a day on which a shift is, according to the duty roster, to begin or end, or

(ii) a rostered rest day, or

(iii) a public holiday.”;

(b) in paragraph (2) after the word “roster”insert “(except one relating to a member who has agreed with the chief officer on a different period) shall have effect for a period of 12 months, and”;

(c) in paragraph (3)—

(i) for the words “the 12 months following the date on which it comes into force”substitute “the period for which it has effect”,

(ii) after sub-paragraph (a) insert—

“(aa) his free days;”, and

(iii) in sub-paragraph (c) for the words “his scheduled daily periods of duty are”substitute “each of his shifts is”;

(d) in paragraph (4)—

(i) in sub-paragraph (a) for the words “daily periods of duty”substitute “shifts”, and

(ii) in sub-paragraph (b) before the words “an interval”insert “unless he has agreed with the chief officer on a longer interval,”; and

(e) in paragraph (5) for the words “daily period of duty”substitute “shift”.

6.  For regulation 28 (overtime) substitute—

“28.— (1) This regulation applies to a member of a police force to whom regulation 24 applies.

(2) A member who has been on duty for more than 40 hours in any period of 7 days beginning with such day as is fixed for the purposes of this regulation by the chief officer of police (a “relevant week”) is entitled in respect of any day during that period in which he has been on duty for more than 8 hours (a “long-duty day”) to an allowance at the rate of one twelfth of an hour’s pay for each completed 15 minutes in excess of 8 hours, except that on each of the first 4 occasions on which overtime which the member was not told at the beginning of the shift would be required is worked during a relevant week 30 minutes of the overtime worked is to be disregarded.

(3) A member may, before the end of a pay period (that is to say, a period comprising one of the intervals between payments under regulation 49), elect to be granted time off, instead of an allowance under paragraph (2), in respect of any long-duty day that occurred during a relevant week ending within the pay period.

(4) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (3) the chief officer of police shall, within 3 months after the end of the relevant week, grant him time off equal to the total of—

(a) the time in excess of 8 hours spent on duty in the day, or as the case may be in each of the days, in respect of which the election was made, and

(b) 15 minutes in respect of each completed 45 minutes of that time.

(5) Any time counting for the purposes of regulation 39(1) (pay) as time spent on duty, except—

(a) time for which an allowance is received under paragraph (7) or under regulation 29 or 61, and

(b) any period of less than 30 minutes worked during the first 30 minutes after the end of a rostered shift, except a period of 15 minutes which the member was told at the beginning of the shift would be required,

counts as time spent on duty for the purposes of paragraph (2).

(6) For the purposes of paragraph (2) a period of duty—

(a) which resulted from a member’s being recalled and returning to duty between two rostered shifts, and

(b) the length of which, after deducting any travelling time counting as a period of duty by virtue of regulation 32, was less than 4 hours,

counts as a period of duty lasting for the aggregate of 4 hours and any period counting by virtue of regulation 32.

(7) Where the time at which a member is required to commence a rostered shift is brought forward—

(a) without giving him notice 8 hours or more before the new commencement time, and

(b) so that he is required to commence that shift on the day on which his previous shift ended,

he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed 15 minutes of the time for which he is on duty before the rostered commencement time.

(8) A member who has become entitled to an allowance under paragraph (7) may, before the end of the pay period during which the day on which he was required to commence the shift occurred, elect to be granted time off instead of the allowance.

(9) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (8) the chief officer of police shall, within 3 months after the date of the election, grant him time off equal to one and one third times the number of completed quarters of an hour for which he was on duty before the rostered commencement time.

(10) Where—

(a) on any day on which he has a rostered shift a member has been on duty for a period exceeding the length of that shift, and

(b) he is not entitled in respect of that day to any allowance under paragraph (2) or (7),

he may, not later than 4 days after the end of the relevant week in which the day in question occurred, elect to be granted time off in respect of the excess over the length of the shift (“the excess period”).

(11) For the purposes of paragraphs (2) and (10) a continuous period of duty which began before and ended after the beginning of a day shall—

(a) if the day on which it ended was not—

(i) a public holiday,

(ii) a rostered rest day, or

(iii) a free day,

in respect of which he became entitled to an allowance under regulation 29, be treated as having fallen wholly within, and

(b) in any other case, be treated as having consisted only of so much of the period as fell within,

the day on which the period began.

(12) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (10) the chief officer of police shall, within 3 months after the date of the election, grant him time off equal to the excess period.

(13) For the purposes of regulation 39(1) (pay) any extra period of duty in respect of which time off is granted under paragraph (4) or (9) counts as one and one third times the number of completed quarters of an hour comprised in the extra period of duty, and a period falling within paragraph (6)(a) and (b) counts as one of 4 hours.”.

7.  In regulation 29 (public holidays and rest days for ranks below inspector)—

(a) in paragraph (4) for the words “a day’s pay”substitute “the member’s hourly rate of pay calculated in accordance with regulation 39(1)”;

(b) in paragraph (5)—

(i) for the words “one sixteenth”substitute “one quarter”, and

(ii) for the words “three sixty-fourths”substitute “one eighth”;

(c) after paragraph (5) insert—

“(5A) A member who—

(a) is required to do duty on a free day, and

(b) receives less than 15 days' notice of the requirement,

shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.

(5B) This paragraph applies where—

(a) a member is required to do duty on a free day, and

(b) he receives less than 15 days' notice of the requirement, and

(c) the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to be done by any other member.

(5C) Where paragraph (5B) applies—

(a) if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (6)(a) or (b) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed period of 15 minutes of duty done on the free day, and

(b) in any other case, he is entitled to time off equal to the total length of those periods.

(5D) Where—

(a) a member is required to do duty on a free day, and

(b) he receives less than 15 days' notice of the requirement,

but paragraph (5C) does not apply, he is entitled to an allowance at the appropriate rest-day rate.”;

(d) after paragraph (7) insert—

“(7A) A member who is required to do duty on a free day may within 28 days of that day elect to receive—

(a) in lieu of an allowance under paragraph (5C)(a), time off equal to one and one third times, and

(b) in lieu of an allowance under paragraph (5D), time off equal to one and a half times,

the period of completed quarters of an hour of duty done on the free day.”;

(e) in paragraph (8)—

(i) after the words “rostered rest day”insert “or on a free day”,

(ii) after the words “paragraph (7)”insert “or (7A)”,

(iii) after the words “as the case may be,”insert “paragraph (5C) or (5D) or”; and

(f) in paragraph (9)—

(i) for sub-paragraph (b) substitute—

“(b) “the appropriate rate”is, for each completed 15 minutes of duty done on a public holiday, one quarter of the member’s hourly rate of pay calculated in accordance with regulation 39(1);”;

(ii) omit sub-paragraph (c), and

(iii) in sub-paragraphs (f) and (g) after the words “rostered rest day”, wherever occurring, insert “or a free day”and in sub-paragraph (f) for the words “a normal daily period of duty”substitute “a rostered shift”;

(g) in paragraph (10) after the words “rostered rest day”, wherever occurring, insert “or a free day”; and

(h) after paragraph (10) insert—

“(11) For the purposes of regulation 39(1) (pay)—

(a) a day’s leave allowed under paragraph (2) and a day off granted under paragraph (4)(a) or under paragraph (10) in respect of a public holiday each count as a period of duty of 8 hours multiplied by the appropriate factor, and

(b) so much of any time off granted under paragraph (7A) or (8) as exceeds the time spent on duty on the public holiday, rest day or free day counts as time spent on duty.”.

8.  In regulation 31 (public holidays and monthly leave days for ranks above chief inspector)—

(a) in paragraph (2) after the words “each month”insert “the amount of leave arrived at by multiplying by the appropriate factor”; and

(b) in paragraph (3)—

(i) for the words “eight monthly leave days”substitute “the amount of leave arrived at by multiplying 8 days by the appropriate factor”, and

(ii) for the words after “permit”substitute “be allowed a day’s leave in lieu of any day on a public holiday not allowed (or as the case may be) be granted the balance of monthly leave as additional monthly leave”.

9.  In regulation 32 (travelling time treated as duty)—

(a) for paragraph (1) substitute—

“(1) This regulation applies to a member of a police force where—

(a) a shift consists of two separate periods, or

(b) he is recalled to duty between two shifts,

and he travels to and from his home between those periods or, as the case may be, in consequence of his recall (in this regulation referred to as “relevant travelling”).”; and

(b) in paragraph (2) for the words from “overtime”to “thereof)”substitute “duty for the purposes of regulation 28, regulation 29 (except paragraph (9)(f)) or regulation 39(1)”.

10.  In regulation 34 (annual leave)—

(a) in paragraph (1) after the words “Schedule 4”insert “, except that in the case of a member above the rank of chief inspector any period of leave calculated in accordance with Schedule 4 is to be multiplied by the appropriate factor”; and

(b) after paragraph (1) insert—

“(1) In the case of a member below the rank of superintendent, each day of annual aleave granted counts for the purposes of regulation 39(1) (pay) as a period of duty of 8 hours multiplied by the appropriate factor.”.

11.  In regulation 35 (sick leave) after paragraph (2) insert—

“(3) While a member below the rank of inspector is entitled under this regulation to be absent from duty, any rostered shift counts for the purposes of regulation 39(1) (pay) as a period of duty of the same duration.”.

12.  In regulation 36 (maternity leave) after paragraph (3) insert—

“(4) During the first 3 months of any maternity leave granted under this regulation to a woman member below the rank of superintendent (“the paid leave period”) she shall be treated for the purposes of regulation 39(1) (pay) as having been on duty for

hours, where—

• A is the number of her determined hours,

• B is the length in days of the paid leave period, and

• C is the length in days of the relevant period.”.

13.  In regulation 37 (paternity leave) after paragraph (3) insert—

“(4) In the case of a member below the rank of superintendent, each day of paternity leave granted counts for the purposes of regulation 39(1) (pay) as a period of duty of 8 hours multiplied by the appropriate factor.”.

14.  In regulation 39 (rate of pay)—

(a) for paragraph (1) substitute—

“(1) A member of a police force below the rank of superintendent shall be paid for time spent on duty at an hourly rate calculated by multiplying the annual rate ascertained from Schedule 6 by

.”;

• and

(b) after paragraph (1) insert—

“(1A) A member above the rank of chief inspector shall be paid at an annual rate calculated by multiplying that ascertained from Schedule 6 by the appropriate factor.”.

15.  In regulation 40 (temporary salary)—

(a) in paragraph (1)—

(i) after the words “performed by a”insert “full-time”, and

(ii) after the words “rate of pay for”insert “a person appointed as a full-time member in”;

(b) in paragraph (3)—

(i) after the words “performed by a”insert “full-time”, and

(ii) after the words “to the higher rank”insert “as a full-time member”; and

(c) in paragraph (6) for the words after “superintendent”substitute “the period that would constitute his normal daily period of duty if he were a full-time member, and “full-time member”means a member of the force appointed otherwise than under regulation 7.”.

16.  In regulation 41 (London weighting)—

(a) for the words “annual pay”substitute “hourly rate of pay”; and

(b) after the words “increased by”insert

“the amount obtained by multiplying by

the sum of”.

17.  In regulation 52 (removal allowance) after paragraph (5) insert—

“(5A) Every sum of money specified in paragraphs (7) to (9) is to be multiplied by the appropriate factor.”.

18.  In regulation 53 (plain clothes allowance) in paragraph (1)—

(a) for the words “for a continuous period of not less than a week”substitute “on 7 or more consecutive days”; and

(b) after the word “determined”insert “(regard being had to the appropriate factor)”.

19.  In regulation 54 (detective expenses allowance)—

(a) in paragraph (1) for the words “for a period of not less than a week”substitute “on 7 or more consecutive days”and;

(b) after paragraph (1) insert—

“(1A) The rates specified in paragraphs (2) and (3) as the rates of allowances under this regulation are to be multiplied by the appropriate factor.”.

20.  In regulation 55 (subsistence, refreshment and lodging allowances) at the end of paragraph (3) insert

• “, and in relation to a member below the rank of superintendent references in this regulation to his normal daily period of duty are to be construed as references to—

  (i)

  a period of duty lasting 8 hours, or

  (ii)

  periods of duty performed in one day amounting in total to 8 hours”.

21.  In regulation 60 (London allowance) for the words “the rate of”substitute “the rate obtained by multiplying by the appropriate factor”.

22.  In regulation 65 (allowance under Police Regulations 1971) for the words after “he shall”substitute

• “, while he remains a member of that force, be entitled to an allowance at an annual rate calculated by multiplying by the appropriate factor—

  (a)

  in the case of an inspector or chief inspector, £50, and

  (b)

  in the case of a sergeant or constable, £72.”.

23.  In Schedule 5 (university scholars) in paragraph 3(2) for the words “the rate of”substitute “the rate obtained by multiplying by the appropriate factor”, and omit the words after “a year”.

24.  In Schedule 7 (effect of disciplinary action on pay and allowances) in paragraph 4—

(a) after the words “13 weeks”insert “multiplied by the reciprocal of the appropriate factor”; and

(b) after the words “weekly pay”insert “multiplied by the appropriate factor”.

25.  In Schedule 9 (motor vehicle allowances) after paragraph 2(2) insert—

“(2A) The fixed element calculated in accordance with sub-paragraph (2) shall be multiplied by the appropriate factor.”.