The Working Time Regulations 1998

Police service E+W+S

41.—(1) For the purposes of these Regulations, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as a police cadet shall be treated as employment, under a worker’s contract, by the relevant officer.

(2) Any matter relating to the employment of a worker which may be provided for for the purposes of these Regulations in a workforce agreement may be provided for for the same purposes in relation to the service of a person holding the office of constable or an appointment as a police cadet by an agreement between the relevant officer and a joint branch board.

(3) In this regulation—

• “a joint branch board" means a joint branch board constituted in accordance with regulation 7(3) of the Police Federation Regulations 1969 M1 or regulation 7(3) of the Police Federation (Scotland) Regulations 1985 M2 , and

• “the relevant officer" means—

  (a)

  in relation to a member of a police force or a special constable or police cadet appointed for a police area, the chief officer of police (or, in Scotland, the chief constable);

  (b)

  in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the Police Act 1997 M3 (police members of the National Criminal Intelligence Service and the National Crime Squad), the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad; and

  (c)

  in relation to any other person holding the office of constable or an appointment as a police cadet, the person who has the direction and control of the body of constables or cadets in question.

[F1 (4) For the purposes of these Regulations the relevant officer, as defined by paragraph (3), shall be treated as a corporation sole.

(5) Where, in a case in which the relevant officer, as so defined, is guilty of an offence under these Regulations, it is proved—

(a) that the office-holder personally consented to the commission of the offence;

(b) that he personally connived in its commission; or

(c) that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(6) In paragraph (5) above “the office-holder”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

(a) held the office or other position mentioned in paragraph (3) above as the office or position of that officer; or

(b) was for the time being responsible for exercising and performing the powers and duties of that office or position.

(7) In the application of this regulation to Scotland—

(a) paragraph (4) shall have effect as if for the words “corporation sole” there were substituted “distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder)”;

(b) paragraph (5) shall have effect as if for the words “corporation sole” there were substituted “juristic person”; and

(c) paragraph (6) shall have effect as if for the words “paragraph (5)” there were substituted “paragraphs (4) and (5).”]

Textual Amendments

F1 Reg. 41(4)-(7) inserted (1.9.2005) by The Working Time Regulations 1998 (Amendment) Order 2005 (S.I. 2005/2241), arts. 1(1), 2(2) (with art. 3)

Marginal Citations

M1 S.I. 1969/1787, to which there are amendments not relevant to these Regulations.

M2 S.I. 1985/1531, to which there are amendments not relevant to these Regulations.

M3 1997 c.16.