The Police (Amendment) (No. 2) Regulations 2002

Statutory Instruments

2002 No. 2529

POLICE, ENGLAND AND WALES

The Police (Amendment) (No. 2) Regulations 2002

Made

4th October 2002

Laid before Parliament

11th October 2002

Coming into force

1st November 2002

The Secretary of State, with the consent of the Treasury, in exercise of the powers conferred on him by section 50 of the Police Act 1996(1) and section 1 of the Police Pensions Act 1976(2), and after taking into consideration the recommendations of the Police Negotiating Board and supplying that Board with a draft of these Regulations in accordance with section 62(1) of the Police Act 1996, and supplying a draft of these Regulations to the Police Advisory Board for England and Wales and taking into consideration their representations in accordance with section 63(3) of the Police Act 1996, hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 2002 and shall come into force on 1st November 2002.

(2) These Regulations extend to England and Wales.

Amendments to the Police Regulations 1995

2.—(1) Regulation 13A of the Police Regulations 1995(3) shall be amended as follows.

(2) There shall be inserted after paragraph (5)—

“(5A) The term of an appointment to the rank of chief constable or deputy chief constable or to the rank of commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the metropolitan police force to which this regulation applies may be extended by agreement for a period or periods expiring not later than seven years from the date of the initial appointment to that rank.

(5B) The term of an appointment to the rank of assistant chief constable or commander in the metropolitan police force and the City of London police force or assistant commissioner in the City of London police force to which this regulation applies may be extended by agreement for a period or periods expiring not later than:

(a) ten years from the date of the initial appointment to that rank, or

(b) the date on which the person appointed reaches minimum retirement age,

whichever of the periods in sub-paragraphs (a) and (b) is the shorter.”.

(3) For paragraph (6) there shall be substituted:

“(6) The term of an appointment to which this regulation applies may, with the consent of the Secretary of State, be extended by agreement for a single period not exceeding three years where the extension cannot be made under paragraphs (5A), (5B) or (7) and, in the opinion of the Secretary of State, the particular extension would be in the interest of the efficiency and effectiveness of the police force.”.

Amendments to the Police Pensions Regulations 1987

3.—(1) Regulation B1(3) of the Police Pensions Regulations 1987(4) shall be amended as follows.

(2) For the words “regulation 13A(6) or (7)” in sub-paragraph (ba)(i) there shall be substituted “regulation 13A (5A), (5B), (6) or (7)”.

Transitional provisions

4.  Any person whose term of appointment to a rank had been extended under paragraph (6) of regulation 13A of the Police Regulations 1995 immediately before 1st November 2002 shall, when the term of appointment as extended expires, be eligible to seek one further extension under that paragraph.

John Denham

Minister of State

Home Office

5th September 2002

We consent to these Regulations

Jim Fitzpatrick

John Heppell

Two of the Lords Commissioners of Her Majesty’s Treasury

4th October 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 13A of the Police Regulations 1995 which provides for fixed term appointments of police officers holding senior ranks.

Regulation 2 inserts new paragraphs (5A) and (5B) to permit the extension of an officer’s term of appointment to a date not later than the end of the maximum term he could have originally been appointed for. Paragraph (6) is amended to allow an extension to an officer’s term of appointment to be made, with the consent of the Secretary of State, for a period not exceeding 3 years where it would be in the interests of the efficiency and effectiveness of the police force.

Regulation 3 makes a consequential change to the Police Pensions Regulations 1987.

Regulation 4 makes a transitional provision to allow serving officers whose appointments have already been extended under paragraph (6) to apply for one further extension under that paragraph as amended by these Regulations.

(1)

1996 c. 16.

(2)

1976 c. 35.

(3)

S.I. 1995/215. Regulation 13A was inserted by S.I. 1995/547 and relevant amending instruments are S.I. 1995/2020, 1998/577, 2000/1549 and 2001/3888.

(4)

S.I. 1987/257. Relevant amending instruments are S.I. 1998/577, 2000/1549 and 2001/3888.