Search Legislation

The Police (Conduct) Regulations 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 10A

 Help about opening options

Version Superseded: 15/12/2017

Status:

Point in time view as at 13/03/2015. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Police (Conduct) Regulations 2012, Section 10A. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F1Appropriate authority consent to notice of intention to resign or retireE+W

This section has no associated Explanatory Memorandum

10A.(1) The officer concerned may not give notice of intention to resign or retire in a matter to which paragraph (2) applies during the period specified in paragraph (4) without obtaining the consent of the appropriate authority.

(2) Subject to [F2paragraphs (2A) and (3)], this paragraph applies to a matter in respect of which these Regulations apply to the officer concerned in accordance with regulation 5.

[F3(2A) Paragraph (2) does not apply to a matter that came to the attention of the appropriate authority before 12th January 2015.]

(3) Paragraph (2) ceases to apply where—

(a)the assessment of conduct made under regulation 12(1) of these Regulations or paragraph 19B(2) or (3) of Schedule 3 to the 2002 Act (as the case may be) does not determine that the conduct, if proved, would amount to misconduct or gross misconduct; or

(b)in the case of an assessment of misconduct (but not gross misconduct) the officer concerned does not have a final written warning in force at the date of the assessment of conduct under regulation 12(1) of these Regulations or paragraph 19B(2) or (3) of Schedule 3 to the 2002 Act (as the case may be).

(4) The period specified for the purposes of paragraph (1) begins on the date on which these Regulations first apply to the officer concerned in accordance with regulation 5 until—

(a)it is decided that the conduct of the officer concerned shall not be referred to a misconduct hearing or a special case hearing; or

(b)such proceedings have concluded.

(5) The appropriate authority may consent to the officer concerned giving notice of intention to resign or retire only if it is satisfied that—

(a)the officer concerned is medically unfit to continue to be the subject of proceedings under these Regulations; or

(b)there are other exceptional circumstances which justify the appropriate authority giving consent to the notice of intention to resign or retire.

(6) The appropriate authority must notify the officer concerned of its decision on consent made under this regulation as soon as is practicable.

(7) The officer concerned may in relation to the decision make representations in writing that the officer concerned is medically unfit to continue to be the subject of proceedings under these Regulations or there are other exceptional circumstances which justify the appropriate authority giving consent.

(8) The officer concerned may make representations in accordance with paragraph (7) not later than the end of the period of 20 working days beginning with the first working day after notice is given under paragraph (6).

(9) Where the officer concerned makes representations in accordance with paragraph (8), the appropriate authority must—

(a)review its decision; and

(b)notify the officer concerned of the outcome of its review before the end of the period of 20 working days beginning with the first working day after representations are made under paragraph (8).]

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources