Statutory Rules of Northern Ireland

(a) any number of hours different from that determined under paragraph (1) which was determined by the chief constable and agreed to by the member becomes the member's normal period of duty, and

(b) if no different number was agreed to by the member, his normal period of duty is the number of hours determined under paragraph (1),

    (3B) The number of hours determined under paragraph (1) or (3A)(a) must not be less than 16 times the number of weeks in the relevant period.

    (3C) As far as the exigencies of duty permit, a shift shall consist of one continuous period.

    (3D) Where in one day a member is on duty for a continuous period of 5 hours or more, an interval for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the Table below.


TABLE

Number of hours	Refreshment interval
Less than 6 hours	30 minutes
6 hours or more, but less than 7 hours	35 minutes
7 hours or more, but less than 8 hours	40 minutes
8 hours or more	45 minutes

    (3E) Where a shift consists of two periods, amounting in total to 5 hours or more, and the member does not travel to and from his home between those periods, an interval for refreshment and rest shall normally be included at the beginning or end of one of them.".

(i) the word "annual" shall be omitted, and

(ii) after sub-paragraph (b) there shall be inserted the following sub-paragraph - 

     " and

(c) a reference to a free day is to be construed as a reference to a day which is not - 


(i) a day on which a shift is, according to the duty roster, to begin or end, or

(ii) a rostered rest day, or

(iii) a public holiday.";

(b) in paragraph (2) after the word "roster" there shall be inserted the words "(except one relating to a member who has agreed with the chief constable on a different period) shall have effect for a period of 12 months, and";

(c) in paragraph (3) - 

(i) for the words "the 12 months following the date on which it comes into force" there shall be substituted the words "the period for which it has effect",

(ii) after sub-paragraph (a) there shall be inserted - 


" (aa) his free days;", and



(iii) in sub-paragraph (c) for the words "his scheduled daily periods of duty are" there shall be substituted the words "each of his shifts is";

(d) in paragraph (4) - 

(i) in sub-paragraph (a) for the words "daily periods of duty" there shall be substituted the words "shifts", and

(ii) in sub-paragraph (b) before the words "an interval" there shall be inserted the words "unless he has agreed with the chief constable on a longer interval,"; and

(e) in paragraph (5) for the words "daily period of duty" there shall be substituted the word "shift".

(a) the time in excess of 8 hours spent on duty in the day, or as the case may be in each of the days, in respect of which the election was made, and

(b) 15 minutes in respect of each completed 45 minutes of that time,

    (5) Any time counting for the purpose of regulation 30 (rate of pay) as time spent on duty, except - 

(a) time for which an allowance is received under paragraph (7) or under regulation 23 or 45, and

(b) any period of less than 30 minutes worked during the first 30 minutes after the end of a rostered shift, except a period of 15 minutes which the member was told at the beginning of the shift would be required,

counts as time spent on duty for the purposes of paragraph (2).

    (6) For the purposes of paragraph (2) a period of duty - 

(a) which resulted from a member's being recalled and returning to duty between two rostered shifts, and

(b) the length of which, after deducting any travelling time counting as a period of duty by virtue of regulation 24, was less than 4 hours,

counts as a period of duty lasting for the aggregate of 4 hours and any period counting by virtue of regulation 24.

    (7) Where the time at which a member is required to commence a rostered shift is brought forward - 

(a) without giving him notice 8 hours or more before the new commencement time, and

(b) so that he is required to commence that shift on the day on which his previous shift ended,

he is entitled to an allowance at the rate of one-twelfth of an hour's pay for each completed 15 minutes of the time for which he is on duty before the rostered commencement time.

    (8) A member who has become entitled to an allowance under paragraph (7) may, before the end of the pay period during which the day on which he was required to commence the shift occurred, elect to be granted time off instead of the allowance.

    (9) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (8) the chief constable shall, within 3 months after the date of election, grant him time off equal to one and one-third times the number of completed quarters of an hour for which he was on duty before the rostered commencement time.

    (10) Where - 

(a) on any day on which he has a rostered shift a member has been on duty for a period exceeding the length of that shift, and

(b) he is not entitled in respect of that day to any allowance under paragraph (2) or (7),

he may, not later than 4 days after the end of the relevant week in which the day in question occurred, elect to be granted time off in respect of the excess over the length of the shift ("the excess period").

    (11) for the purposes of paragraphs (2) and (10) a continuous period of duty which began before and ended after the beginning of a day shall - 

(a) if the day on which it ended was not - 


(i) a public holiday,

(ii) a rostered rest day, or

(iii) a free day,



in respect of which he became entitled to an allowance under regulation 23, be treated as having fallen wholly within, and

(b) in any other case, be treated as having consisted only of so much of the period as fell within,

the day on which the period began.

    (12) Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (10), the chief constable shall, within 3 months after the date of the election, grant him time off equal to the excess period.

    (13) For the purpose of regulation 30 (rate of pay), any extra period of duty in respect of which time of is granted under paragraph (4) or (9) counts as one and one third times the number of completed quarters of an hour comprised in the extra period of duty, and a period falling within paragraph (6)(a) and (b) counts as one of 4 hours.".

(i) for the words "one sixteenth" there shall be substituted the words "one quarter", and

(ii) for the words "three sixty-fourths" there shall be substituted the words "one eighth";

(c) there shall be inserted after paragraph (4) the following paragraphs - 

(a) is required to do duty on a free day, and

(b) receives not less than 15 days' notice of the requirement,

shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.

    (4B) This paragraph applies where - 

(a) a member is required to do duty on a free day, and

(b) he receives less than 15 days' notice of the requirement, and

(c) the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to have been done by any other member.

    (4C) Where paragraph (4B) applies - 

(a) if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (2)(a) or (5)(a) or (b)) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour's pay for each completed period of 15 minutes of duty done on the free day, and

(b) in any other case, he is entitled to time off equal to the total length of those periods.

    (4D) Where - 

(a) a member is required to do duty on a free day, and

(b) he receives less than 15 days' notice of the requirement,

but paragraph (4C) does not apply, he is entitled to an allowance at the appropriate rest-day rate.";

(a) in lieu of an allowance under paragraph (4C)(a), time off equal to one and one-third times, and

(b) in lieu of an allowance under paragraph (4D), time off equal to one and one-half times,

the period of completed quarters of an hour of duty done on the free day,";

(i) after the words "rostered rest day" there shall be inserted the words "or on a free day",

(ii) after the words "paragraph (6)" there shall be inserted the words "or (6A)", and

(iii) after the words "as the case may be" there shall be inserted the words "paragraph (4C) or (4D) or";

(f) in paragraph (8) - 

(i) for sub-paragraph (b) there shall be substituted the following sub-paragraph - 

" (b) "the appropriate rate" is, for each completed 15 minutes of duty done on a public holiday, one quarter of the member's hourly rate of pay calculated in accordance with regulation 30;",

(ii) sub-paragraph (c) shall be omitted, and

(iii) in sub-paragraphs (f) and (g) after the words "rostered rest day", wherever occurring, there shall be inserted the words "or a free day", and in sub-paragraph (f) for the words "a normal daily period of duty" there shall be substituted the words "a rostered shift";

(g) in paragraph (9) after the words "rostered rest day", wherever occurring, there shall be inserted the words " or a free day"; and

(h) after paragraph (9) there shall be inserted the following paragraph - 

(a) a day's leave allowed under paragraph (2) and a day off granted under paragraph (6)(a) or under paragraph (10) in respect of a public holiday each count as a period of duty of 8 hours multiplied by the appropriate factor, and

(b) so much of any time off granted under paragraph (6A) or (7) as exceeds the time spent on duty on the public holiday, rest day or free day counts as time spent on duty.".

(a) a shift consists of two separate periods, or

(b) he is recalled to duty between shifts,

and he travels to and from his home between those periods or, as the case may be, in consequence of his recall (in this regulation referred to as "relevant travelling"),"; and

(i) a period of duty lasting 8 hours, or

(ii) periods of duty performed in one day amounting in total to 8 hours".