34.—(1) Subject to regulation 38, the Secretary of State shall determine the entitlement of members of a police force to any allowance, and in making such a determination the Secretary of State may confer on—
(a)the [F1local policing body];
(b)the chief officer,
such functions—
(i)in relation to the calculation of an allowance,
(ii)where the payment of an allowance is subject to such conditions as may be specified in the determination, in relation to those conditions,
as he thinks fit.
(2) No allowances shall be paid to a member of a police force except as provided by or under these Regulations or approved by the Secretary of State, and the amounts and conditions of payment of such allowances shall be as so provided or approved.
(3) Nothing in this regulation shall apply to the reimbursement of expenses incurred by a member of a police force in the execution of his duty, being expenses authorised either generally or specifically by the [F2local policing body] in respect of which no allowance is payable under these Regulations and no determination has been made under regulation 35.
Textual Amendments
F1Words in reg. 34(1)(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(p)
F2Words in reg. 34(3) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(p)
35.—(1) The Secretary of State shall determine the entitlement of members of a police force to reimbursement of any expenses incurred by such a member in or in connection with the execution of his duty.
(2) Where, in making a determination under paragraph (1), the Secretary of State specifies conditions subject to which expenses are to be reimbursed, he may in that determination confer on—
(a)the [F3local policing body];
(b)the chief officer,
such functions in relation to those conditions as he thinks fit.
[F4(3) The expenses that may be reimbursed under a determination made under paragraph (1) include tax paid by a chief officer in connection with removal or relocation expenses associated with his appointment.]
Textual Amendments
F3Words in reg. 35(2)(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(q)
F4Reg. 35(3) inserted (1.2.2007 with effect from 24.7.2003) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2)(b), 8(2)
36. If a member of a police force who is regularly in receipt of an allowance to meet an expense which ceases during his or her absence from duty is placed upon the sick list or is on maternity leave, the allowance shall be payable during his or her absence from duty up to a period of a month, but thereafter, during the remainder of his or her absence from duty, payment may be suspended at the discretion of the chief officer.
37. This Part of these Regulations shall have effect in relation to a member of a police force suspended under the Conduct Regulations, subject to the provisions of paragraphs 2 and 3 of Schedule 2.
38. Schedule 3 shall have effect.
39. Without prejudice to the generality of regulation 34(2), a member of a police force who is engaged on duty at the request of any person who has agreed to pay the [F5local policing body] for the member’s services shall not be entitled to any payment for those services except as provided by or under these Regulations; and any payments made in pursuance of that agreement shall be made by that person to the [F5local policing body].
Textual Amendments
F5Words in reg. 39 substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(r)