41.—(1) [F1Subject to paragraph (1A),] 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.
[F2(1A) For the purposes of these Regulations, any constable who has been seconded to the Serious Organised Crime Agency to serve as a member of its staff shall be treated as employed by the Serious Organised Crime Agency.]
(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 [F3a branch board or a joint branch board (as the case may be)].
(3) In this regulation—
[F4“a branch board” means a branch board constituted in accordance with regulation 10 of the Police Federation (England and Wales) Regulations 2017,]
“a joint branch board" means a joint branch board constituted in accordance with F5...regulation 7(3) of the Police Federation (Scotland) Regulations 1985 M1, and
“the relevant officer" means—
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);
F6...
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.
[F7(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
F1Words in reg. 41(1) inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 16(2)
F2Reg. 41(1A) inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 16(3)
F3Words in reg. 41(2) substituted (E.W.) (31.12.2017) by The Police Federation (England and Wales) Regulations 2017 (S.I. 2017/1140), reg. 1(1), Sch. 1 para. 2(2)(a) (with Sch. 3)
F4Words in reg. 41(3) inserted (E.W.) (31.12.2017) by The Police Federation (England and Wales) Regulations 2017 (S.I. 2017/1140), reg. 1(1), Sch. 1 para. 2(2)(b)(i) (with Sch. 3)
F5Words in reg. 41(3) omitted (E.W.) (31.12.2017) by virtue of The Police Federation (England and Wales) Regulations 2017 (S.I. 2017/1140), reg. 1(1), Sch. 1 para. 2(2)(b)(ii) (with Sch. 3)
F6Words in reg. 41(3) revoked (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 16(4)
F7Reg. 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
M1S.I. 1985/1531, to which there are amendments not relevant to these Regulations.