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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Police (Amendment) (No. 2) Regulations 2016 No. 1200 URL: http://www.bailii.org/uk/legis/num_reg/2016/uksi_20161200_en_1.html |
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Statutory Instruments
Police, England And Wales
Made
7th December 2016
Laid before Parliament
12th December 2016
Coming into force
4th January 2017
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 52A(5)(b) of that Act(3), and in so far as these Regulations relate to matters specified in section 52A(1), the Secretary of State has not considered advice from the Senior Salaries Review Body or referred these matters to the Police Remuneration Review Body because she considers it is unnecessary to do so by reason of the nature of the Regulations.
In accordance with section 52A(6), and in so far as these Regulations relate to matters specified in section 52A(1), before making these Regulations the Secretary of State has supplied a draft of them to, and considered any representations made by, persons whom the Secretary of State considers to represent the interests of those persons referred to in section 52A(6).
In accordance with section 63(3) of that Act(4), and in so far as these Regulations relate to matters other than those mentioned in sections 50(2ZC) and 52A(1), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and taken into consideration any representations made by that Board.
1. These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 2016 and come into force on 4th January 2017.
2. The Police Regulations 2003(5) are amended as follows.
(1) In regulation 11-
(a)for paragraph (1), substitute-
"(1) Subject to sections 38 and 42 of the 2011 Act and regulations 9A and 10-
(a)the Secretary of State may determine-
(i)the rank that must be held, or have been held; and
(ii)the period for which such rank must be held or have been held,
for the purposes of appointment to the rank of chief constable, Commissioner of Police for the City of London or Commissioner of Police of the Metropolis ("chief constable or commissioner rank"); and
(b)where the Secretary of State makes a determination under paragraph (a), a person may not be appointed to chief constable or commissioner rank unless they hold or have held such rank and for such period as determined by the Secretary of State.";
(b)for paragraph (1A)(6), substitute-
"(1A) Subject to any enactment governing an appointment to a rank higher than that of Chief Superintendent, and to regulations 9A and 10-
(a)the Secretary of State may determine courses or assessment centres that candidates must have completed to be eligible for appointment to such a rank; and
(b)where the Secretary of State makes a determination under paragraph (a), a person may not be appointed to such a rank unless that person has satisfactorily completed such courses or assessments centres as determined by the Secretary of State.".
(2) In regulation 19A(7)-
(a)for paragraph (2), substitute-
"(2) The chief officer of a police force may require a member of the force who-
(a)gives the chief officer reasonable cause to suspect that the member is under the influence of alcohol while on duty; or
(b)is selected in accordance with a regime of routine random testing,
to give a sample of breath to be tested for evidence of alcohol in accordance with procedures determined by the Secretary of State.";
(b)in paragraph (3)(b), omit "falls within paragraph (1)(d) and who,".
(3) In regulation 31, after paragraph (1)(b) insert-
"(c)any employment and support allowance to which the member is entitled under sections 1(2)(a) or 1B of the Welfare Reform Act 2007(8),".
Brandon Lewis
Minister of State
Home Office
7th December 2016
(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").
Regulation 2(1)(a) amends regulation 11(1) so that the Secretary of State may determine that a rank be held (and periods of time served in that rank) by a person prior to appointment of that person as chief constable, Commissioner of Police of the Metropolis or Commissioner of Police for the City of London, and if the Secretary of State does so determine, a person cannot be appointed without holding or having held that rank for the prescribed period of time.
Regulation 2(1)(b) amends regulation 11(1A) to clarify that the Secretary of State may determine the courses and assessments centres to be completed by a person prior to appointment of that person to any rank above that of chief superintendent, and if the Secretary of State does so determine, no appointment may be made to the relevant rank unless the requirements of that determination are satisfied.
Regulation 2(2) permits alcohol testing of members of police forces where the chief officer has reasonable cause to suspect such a member is under the influence of alcohol, and re-states the existing power to test in accordance with a routine of random testing.
Regulation 2(3) inserts a reference into regulation 31(1) of the 2003 Regulations to the employment and support allowance paid under sections 1(2)(a) or 1B of the Welfare Reform Act 2007 (c. 5). This clarifies that the amount of pay of a member of a police force in receipt of full pay who is also in receipt of employment and support allowance must be reduced by the amount of that employment and support allowance.
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.
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); section 27 of, and 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).
Section 50(2ZC) was inserted by section 123(1) of the Anti-social Behaviour, Crime and Policing Act 2014, with effect from 13th May 2014 (S.I. 2014/949). Section 123 was the subject of a correction slip published on 4th August 2014.
Section 52A(5) was inserted by section 133(1) of the Anti-social Behaviour, Crime and Policing Act 2014, with effect from 1st September 2014 (S.I. 2014/2125).
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 paragraph 6 of Schedule 22 to, the Criminal Justice and Immigration Act 2008; section 10(3)(a) and (b) of the Policing and Crime Act 2009; 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. Other amendments have been made to this section that are not relevant.
Regulation 11(1A) was inserted by S.I. 2011/3026.
Regulation 19A was inserted by S.I. 2005/2834 and amended by S.I. 2012/680.
2007 c. 5; section 1(2)(a) was amended by section 147 of, and Part 1 of Schedule 14 to, the Welfare Reform Act 2012 (c. 5). Section 1B was amended by sections 33(3) and 147 of, and paragraphs 22 and 26(b) of Schedule 3 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012.
