Royal Ulster Constabulary Regulations 1996

Explanatory Note

(This note is not part of the Regulations.)

These regulations consolidate with amendments the Royal Ulster Constabulary Regulations 1984 (the 1984 Regulations), as amended by the regulations specified in Part I of Schedule 12 to these regulations. The amendments, other than drafting amendments, made by these regulations are as follows.

Regulation 5 authorises the chief constable to make part-time appointments and applies the regulations to part-time appointees with the modifications set out in a new Schedule 1, the main ones of which are as follows. Part-time constables (who must have completed full-time probation before appointment) may be required to serve a further period of probation (paragraphs 2 and 3). Part-time duty in ranks below inspector is to be performed in accordance with general arrangements made by the chief constable after consulting the Police Authority and the Police Association, an individual’s normal period of duty during a duty roster period being a number of hours determined with his agreement by the chief constable (paragraph 4). That number, divided by the hours that would be required of a full-time member, constitutes the “appropriate factor” (paragraph 1) to be used in calculating various entitlements: for ranks above sergeant the factor is one half, since in their case a part-time appointment involves the sharing of duties with one member (see regulation 5(4)). Examples of the use of the factor occur in paragraphs 7, 8 and 9 (public holidays, rest days and monthly leave days); 11 (annual leave); 14(b) (senior ranks' pay); 17 (removal allowance); and 18, 19, 21, 22, 23 and 24 (various other allowances). Regulation 36 is amended to scale down pay for part-time appointees.

The upper age limit for recruitment to the force, and the requirement for a certificate of service to state the circumstances of a member’s leaving the force, have been removed from regulations 9 and 17 respectively.

Regulation 32 confers a right on a female member to take special leave in order to receive ante-natal care. Regulations 33 and 43 make fresh provision in respect of maternity leave. Under regulation 43 the first 3 months of maternity leave continue to be paid, subject to the conditions in 43(2) being satisfied. However, the entitlement to maternity leave has been altered. The automatic requirement in regulation 27(3) of the 1984 Regulations for a certificate of pregnancy from a registered medical practitioner has been replaced by regulation 33(2) under which the female member can give a notice stating that she is pregnant; however, if so requested by the chief constable, she will have to provide a certificate which can now be given by a registered midwife or registered health visitor as well as by a registered medical practitioner.

Regulations 12 and 36 are amended so that, in reckoning service for the purposes of probation and pay, account is taken of maternity leave.

Regulation 34 makes provision for the grant of paternity leave.

Regulation 44 is amended so that the deductions from pay in respect of certain social security benefits which are authorised by that regulation apply only when the member is on full pay.

Regulation 49(1)(d) and paragraph 1 of Schedule 4 have been amended to correct errors made by previous amendments.

Rates of pay for all ranks and the categories which determine pay for members of the rank of superintendent are amended. The pay of superintendents when they act for a period in excess of 7 days for superintendents in higher pay categories is increased, as is the dog handler’s allowance.

Regulation 1(2) provides that the regulations shall come into operation on 12th November 1996 and also provides that the provisions of the regulations specified in that paragraph shall have effect from earlier dates. Retrospective effect is authorised by section 18 of the Administrative and Financial Provisions Act (Northern Ireland) 1962.