The Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 2001

Statutory Instruments

2001 No. 3888

POLICE, ENGLAND AND WALES

The Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 2001

Made

4th December 2001

Laid before Parliament

11th December 2001

Coming into force

1st January 2002

The Secretary of State, in exercise of the powers conferred on him by section 1 of the Police Pensions Act 1976(1) and by section 50 of the Police Act 1996(2), with the consent of the Treasury(3), after consultation with the Police Negotiating Board for the United Kingdom and after complying with the requirements of sections 62(1) and 63(3) of the Police Act 1996, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 2001 and shall come into force on 1st January 2002.

The Police Pensions Regulations 1987

2.—(1) The Police Pensions Regulations 1987(4) shall be amended as follows.

(2) In regulation A18(1)—

(a) in sub-paragraph (a)(i) after “chief constable” there shall be inserted “, a deputy chief constable”; and

(b) in sub-paragraph (b)(ii) before “commander” there shall be inserted “deputy assistant commissioner or”.

(3) In regulation B1(2)(b) for “assistant chief constable or commander” there shall be substituted “deputy chief constable, deputy assistant commissioner of police of the metropolis, assistant chief constable or commander”.

The Police Regulations 1995

3.—(1) The Police Regulations 1995(5) shall be amended as follows.

(2) In regulation 6(1) —

(a) after “Chief Constable;” there shall be inserted “Deputy Chief Constable;”; and

(b) after “Assistant Chief Constable;” there shall be inserted “Chief Superintendent;”.

(3) In regulation 6(2)(b) for “and Assistant Commissioner” there shall be substituted “, Assistant Commissioner and Deputy Assistant Commissioner”.

(4) Regulation 6(4), (5) and (6) shall be omitted.

(5) In regulation 8 for “grouped for supervision by a superintendent” there shall be substituted “grouped for supervision by a superintendent or chief superintendent”.

(6) In regulation 10(10) after “chief constable” on both occasions when those words appear there shall be inserted “, deputy chief constable”.

(7) In regulation 11(2) after “as chief officer of police” there shall be inserted “, deputy chief constable”.

(8) In regulation 13A —

(a) in sub-paragraph (1)(a) after “chief constable” there shall be inserted “, deputy chief constable”;

(b) in paragraph (1A) for “or assistant commissioner” there shall be substituted “, assistant commissioner or deputy assistant commissioner”; and

(c) in paragraph (3) for “or to the rank of commissioner, deputy commissioner or assistant commissioner in the metropolitan police force” there shall be substituted “or deputy chief constable or to the rank of commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the metropolitan police force”.

(9) In regulation 13B —

(a) in sub-paragraph (4)(a) “or” shall be omitted; and

(b) at the end of sub-paragraph (4)(b) there shall be inserted —

• “, or

  (c)

  the vacancy exists in the rank of deputy chief constable and this is the first occasion on which the vacancy has occurred since 31st December 2001”.

(10) In regulation 16(2) —

(a) after “Deputy Commissioner of Police of the Metropolis,” there shall be inserted “Deputy Chief Constable,”; and

(b) after “Assistant Commissioner of Police of the Metropolis,” there shall be inserted “Deputy Assistant Commissioner of Police of the Metropolis,”.

(11) In regulation 31(2)(a) after “superintendent” there shall be inserted “or chief superintendent”.

(12) In regulation 31(3) after “superintendent” there shall be inserted “or chief superintendent”.

(13) In regulation 31(4) after “superintendent” there shall be inserted “or chief superintendent”.

(14) In regulation 40(1) after “superintendent” there shall be inserted “or chief superintendent”.

(15) In regulation 40(1A) after “superintendent” there shall be inserted “or chief superintendent”.

(16) In regulation 52(9)(a) for “superintendent” there shall be substituted “chief superintendent”.

(17) In regulation 52(9)(b) after “superintendent” there shall be inserted “or chief superintendent”.

(18) In regulation 55(1), (2) and (3) for “superintendent” on each occasion where the word appears there shall be substituted “chief superintendent”.

(19) In regulation 55(4)(a) after “superintendent” there shall be inserted “or chief superintendent”.

(20) In regulation 55(6) for “superintendent” there shall be substituted “chief superintendent”.

(21) In regulation 57(4) for “superintendent” there shall be substituted “chief superintendent”.

(22) In Schedule 4 —

(a) in paragraph 1(1)(a) after “superintendent” there shall be inserted “or chief superintendent”;

(b) in paragraph 1(1)(b) for “superintendent” there shall be substituted “chief superintendent”; and

(c ) In paragraph 3 for “superintendent” there shall be substituted “chief superintendent”.

(23) In paragraph 1(1) of Schedule 8 after “superintendent” there shall be inserted “or chief superintendent”.

The Police (Efficiency) Regulations 1999

4.—(1) The Police (Efficiency) Regulations 1999(6) shall be amended as follows.

(2) In regulation 2(a) for “superintendent” there shall be substituted “chief superintendent”.

(3) In regulation 3(1) in paragraph (b) of the definition of “senior manager” after “superintendent” there shall be inserted “or chief superintendent”.

(4) In regulation 14(3)(a)(i) after “superintendent” there shall be inserted “or chief superintendent”.

(5) In regulation 14(3)(b)(i) after “superintendent” there shall be inserted “or chief superintendent”.

The Police (Conduct) Regulations 1999

5.—(1) The Police (Conduct) Regulations 1999(7) shall be amended as follows.

(2) In regulation 3 for “superintendent” there shall be substituted “chief superintendent”.

(3) In regulation 8(2)(b) after “superintendent” there shall be inserted “or chief superintendent”.

(4) In regulation 18(3) for “who shall be from the same force as the member concerned” there shall be substituted “, each of whom shall be a member of a police force maintained under section 2 of the Police Act 1996”.

(5) In regulation 18(4) after “superintendent” there shall be inserted “or a chief superintendent”.

The Police (Conduct) (Senior Officers) Regulations 1999

6.—(1) The Police (Conduct) (Senior Officers) Regulations 1999(8) shall be amended as follows.

(2) In regulation 3 after “chief constable” there shall be inserted “, a deputy chief constable”.

John Denham

Minister of State

Home Office

1st December 2001

We consent to these Regulations

John Heppell

Tony McNulty

Two of the Lords Commissioners of Her Majesty’s Treasury

4th December 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to various subordinate legislation consequential on provisions in sections 122 to 125 of the Criminal Justice and Police Act 2001 (“the 2001 Act”) relating to senior police ranks. References to Deputy Assistant Commissioners of Police of the Metropolis and to deputy chief constables are inserted in the Police Act 1996 by sections 122 and 123 respectively of the 2001 Act. References to chief superintendents are inserted by section 125 of the 2001 Act.

Amendments are made to the Police Pensions Regulations 1987 (by regulation 2), the Police Regulations 1995 (by regulation 3), the Police (Efficiency) Regulations 1999 (by regulation 4), the Police (Conduct) Regulations 1999 (by regulation 5) and the Police (Conduct) (Senior Officers) Regulations 1999 (by regulation 6).

(1)

1976 c. 35; section 1(1) was amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10).

(2)

1996 c. 16.

(3)

Functions relating to pay and pensions were transferred from the Minister for the Civil Service to the Treasury (S.I. 1981/1670).

(4)

S.I. 1987/257; relevant amendments were made by S.I. 1998/577.

(5)

S.I. 1995/215; relevant amendments were made by S.I. 1995/547, 1996/699 and 2000/1549; the Police Regulations 1995, as amended, have effect as if made under section 50 of the Police Act 1996 by virtue of paragraph 1 of Schedule 8 to that Act.

(6)

S.I. 1999/732.

(7)

S.I. 1999/730.

(8)

S.I. 1999/731.