The Police (Amendment) Regulations 2016

Statutory Instruments

2016 No. 798

Police, England And Wales

The Police (Amendment) Regulations 2016

Made

21st July 2016

Laid before Parliament

25th July 2016

Coming into force

19th August 2016

The Secretary of State, in exercise of the powers conferred by section 50 of the Police Act 1996(1), makes the following Regulations.

In accordance with section 50(2ZC) of that Act(2), and in so far as these regulations relate to matters specified in that section, the text of these Regulations has been approved by the College of Policing.

In accordance with section 63(3) of that Act(3), and in so far as these Regulations relate to matters other than those mentioned in section 50(2ZC), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and taken into consideration their representations.

Citation and commencement

1.  These Regulations may be cited as the Police (Amendment) Regulations 2016 and come into force on 19th August 2016.

Amendments to the Police Regulations 2003

2.  The Police Regulations 2003(4) are amended as follows.

3.  In regulation 3(5), after the definition of “Conduct Regulations”, insert—

““DE Inspector Programme” means a programme for the time being recognised by the Secretary of State for the purposes of these Regulations as the Direct Entry (Inspector) Programme;

“DE inspector” means an inspector participating in the DE Inspector Programme;”.

4.  In regulation 10(6)—

(a) in paragraph (1)(j), for “FT programme or the DE Superintendent Programme” substitute “FT Programme, the DE Inspector Programme or the DE Superintendent Programme”;

(b) in paragraph (3)(aa), for “FT Programme or, as the case may be, the DE Programme” substitute “FT Programme, the DE Inspector Programme or, as the case may be, the DE Superintendent Programme”.

5.  In regulation 12(7), after paragraph (1)(a), insert—

“(aa) in the case of a DE inspector, appointed in the rank of inspector;”.

6.  In regulation 13(8)—

(a) in paragraph (1)—

(i) for “the services of a constable or DE superintendent” substitute “the services of a constable, DE inspector or DE superintendent”;

(ii) for “well conducted constable or DE superintendent”, substitute “well conducted constable, DE inspector or DE superintendent”;

(b) in paragraph (2), for “constable or DE superintendent” substitute “constable, DE inspector or DE superintendent”;

(c) in paragraph (3), for “constable’s or DE superintendent’s” substitute “constable’s, DE inspector’s or DE superintendent’s”;

(d) in paragraph (4), for “constable or DE superintendent” substitute “constable, DE inspector or DE superintendent”.

7.  In regulation 46(9)—

(a) in paragraph (1A)—

(i) in sub-paragraph (b)(ii), for “where sub-paragraph (c)” substitute “where paragraph (1AA)”;

(ii) omit paragraph (c);

(b) after paragraph (1A) insert—

“(1AA) This paragraph applies where—

(a) the determination would affect members of police forces who are not above the rank of chief superintendent as well as those who are; and

(b) the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.”.

Brandon Lewis

Minister of State

Home Office

21st July 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make various amendments to the Police Regulations 2003 (S.I. 2003/527) (“the 2003 Regulations”).

Regulations 3, 4, 5 and 6 make changes to permit individuals to enter the police force at the rank of inspector under the Direct Entry Inspectors Programme. The changes relate to definitions, assessment centres, periods of probation and discharge whilst on probation.

Regulation 7 corrects a minor technical error in regulation 46 of the 2003 Regulations (which resulted from amendments made by S.I. 2015/455).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1996 c. 16. Section 50 was amended by section 126(1) of, and paragraph 3 of Schedule 22 and Part 8 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4); section 3 of the Policing and Crime Act 2009 (c. 26); section 82(12) of, and paragraph 32 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13); paragraph 23 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25); and section 123(1) of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).

(2)

Section 50(2ZC) was inserted by section 123(1) of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), with effect from 13th May 2014 (S.I. 2014/949). Section 123 was the subject of a correction slip published on 4th August 2014.

(3)

Section 63(3) was amended by section 59 of, and paragraphs 68 and 78(1) and (3) of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15); section 1(3) of, and paragraphs 61, and 68(1) and (3) of Part 7 of Schedule 1 to, the Police and Justice Act 2006 (c. 48); section 126(1) of, and paragraphs 1 and 6(1) and (2) of Schedule 22 to, the Criminal Justice and Immigration Act 2008 (c. 4); section 10(3)(a) and (b) of the Policing and Crime Act 2009 (c. 26); section 15(3) of, and paragraphs 38 and 43 of Part 2 of Schedule 8 to, the Crime and Courts Act 2013 (c. 22); and sections 123(4) and 133(2) of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12). Other amendments have been made to this section that are not relevant.

(4)

S.I. 2003/527.

(5)

Regulation 3 was amended by S.I. 2014/2372; there are other amending instruments but none is relevant.

(6)

Regulation 10 was amended by S.I. 2014/2372; there are other amending instruments but none is relevant.

(7)

Regulation 12 was amended by S.I. 2014/2372.

(8)

Regulation 13 was amended by S.I. 2011/3026 and S.I. 2014/2372.

(9)

Regulation 46 was amended by S.I. 2015/455.