Police Service of Northern Ireland Regulations 2005

Regulation 6

SCHEDULE 1Restrictions on the private life of members

1.  A member shall at all times abstain from any activity which is likely to interfere with the impartial discharge of his duties or which is likely to give rise to the impression amongst members of the public that it may so interfere, and in particular a member shall not take any active part in politics.

2.  A member shall not reside at premises which are not for the time being approved by the Chief Constable.

3.—(1) A member shall not, without the previous consent of the Chief Constable, receive a lodger in a house or quarters with which he is provided by the Board or sub-let any part of the house or quarters.

(2) A member shall not, unless he has previously given written notice to the Chief Constable, receive a lodger in a house in which he resides and in respect of which he receives an allowance under Schedule 4 or sub-let any part of such a house.

4.  A member shall not wilfully refuse or neglect to discharge any lawful debt.

Regulation 10(1)(h)

SCHEDULE 2Criminal convictions etc.

1.  This Schedule applies in relation to a candidate for appointment as a member if—

(a)he has been convicted of a serious arrestable offence within the meaning of Article 87 of, and Schedule 5 to, the Police and Criminal Evidence (Northern Ireland) Order 1989(1) or an equivalent offence elsewhere; or

(b)he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention (whether suspended or not); or

(c)he has been disqualified from driving in Northern Ireland or elsewhere on more than one occasion; or

(d)he has, within 5 years from the date of his application for appointment as a member, been convicted of an arrestable offence within the meaning of Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 or an equivalent offence elsewhere; or

(e)he has, within 5 years from the date of his application for appointment as a member, been convicted of any of the following offences or any equivalent offence elsewhere—

(i)driving, or causing or permitting a person to drive, a motor vehicle while uninsured under Article 90 of the Road Traffic (Northern Ireland) Order 1981(2);

(ii)driving a motor vehicle while otherwise disqualified under Article 167(1)(b) of that Order;

(iii)forgery or fraudulently altering etc., identification marks, badges, licences, certificate or certificates of insurance under Article 174(2) of that Order;

(iv)failure of driver of mechanically propelled vehicle to comply with duties on occurrence of an accident caused by that vehicle under Article 175(2) of that Order;

(v)interference with vehicles under Article 8 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983(3);

(vi)dangerous driving under Article 10 of the Road Traffic (Northern Ireland) Order 1995(4);

(vii)any offence under Article 15(1) or (2) or 16(1)(a) or (b) of that Order relating to driving, attempting to drive or being in charge of a vehicle while unfit through drugs or drink or with excess alcohol in breath, blood or urine; or

(f)he has, within 5 years from the date of his application for appointment as a member, been convicted on three or more occasions arising separately of any other offences under the Road Traffic Orders or any equivalent offences elsewhere; or

(g)he has, within 3 years from the date of his application for appointment as a member, received on three or more occasions a caution or any equivalent elsewhere.

2.  In this Schedule “the Road Traffic Orders” has the meaning assigned by Article 2(2) of the Road Traffic Offenders (Northern Ireland) Order 1996(5).

Regulations 23 and 36

SCHEDULE 3Effect of disciplinary action on pay and Allowances

1.—(1) Subject to paragraph 3, a member suspended under the Conduct Regulations who—

(a)is detained in pursuance of a sentence of a court in a prison or other institution to which the Prison Act (Northern Ireland) 1953(6) applies, or is in custody (whether in prison or elsewhere) between conviction by a court and sentence, or

(b)has absented himself from duty and whose whereabouts are unknown to the Chief Constable (or an assistant Chief Constable acting as Chief Constable),

shall not, by virtue of regulation 23, be entitled to pay in respect of his period in detention or custody or, as the case may be, in respect of the period during which his whereabouts are unknown as aforesaid.

(2) Where the member suspended is a senior officer, sub-paragraph (1)(b) shall have effect as if for the words after “unknown” there were substituted “to the Board”.

2.  Subject to paragraph 3, a member suspended under the Conduct Regulations shall not, by virtue of Part VI of these regulations, be entitled to any allowance, in respect of the period of suspension, other than—

(a)an allowance under Schedule 4; or

(b)in the case of a member to whom paragraph 1(1) does not apply, such allowance as the Secretary of State may determine.

3.  Where a member returns to duty when the period of suspension comes to an end and—

(a)it has been decided that he shall not be charged with a disciplinary offence, or

(b)he has been so charged and all the charges have been dismissed, or

(c)he has been so charged and has been punished by a reduction in his rate of pay, fine, reprimand or caution,

he shall receive, as from the date of his suspension, the pay to which, but for paragraph 1, and the allowances to which, but for paragraph 2, he would have been entitled by virtue of these regulations.

4.  Where a member is fined under the Conduct Regulations, the fine shall, without prejudice to any other method of recovery, be recoverable by way of deductions from the member’s pay during the period of 13 weeks following the imposition of the fine so, however, that the aggregate sum which may be deducted in pursuance of this paragraph in respect of any one week (whether on account of one or more fines) shall not exceed a seventh of his weekly pay:

Provided that in the event of the member leaving the police service, the whole amount of any fine unpaid may be deducted from any pay then due.

Regulation 37

SCHEDULE 4Replacement Allowance

General Interpretation

1.  In this Schedule any reference to the 1984 regulations is a reference to the Royal Ulster Constabulary Regulations 1984(7).

Housing Payments

Interpretation

2.—(1) This paragraph has effect for defining expressions used in this Schedule.

(2) “Qualifying member” means a member who—

(a)immediately before 1st September 1994 was a member of the police service or another police force,

(b)was not then on unpaid leave,

(c)has at all times after 31st August 1994 been a member of the police service, and

(d)has not after that date been on unpaid leave.

(3) Where a member of a police force in Scotland or England and Wales in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to the police service he shall be treated from the date of his transfer as if he were a qualifying member.

(4) Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to the police service he shall be treated from the date of his transfer as if he were a qualifying member.

(5) “Re-joining member” means a member who by reason only of a relevant absence is not a qualifying member.

(6) “Relevant absence” means—

(a)a period of central service or overseas service, or

(b)a period of relevant service within the meaning of paragraph (b) or (c) of section 27(1) of the Act or any corresponding provision for the time being in force in Scotland or England and Wales, or

(c)a period of unpaid leave,

ending after 31st August 1994.

(7) “Housing emoluments” means a housing allowance paid to members of the British Transport Police Force or any one or more of the following kinds of payments under the revoked provisions as they had effect before 1st September 1994—

(a)a housing allowance under regulation 40,

(b)a transitional rent allowance and a transitional supplementary rent allowance under regulation 40B,

(c)a supplementary housing allowance under regulation 41,

(d)a compensatory grant under regulation 42,

and in relation to a re-joining member includes a rent allowance under regulation 40 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b).

(8) “The revoked provisions” means the provisions of the 1984 Regulations relating to housing and housing payments that were revoked on 1st September 1994(8), that is to say regulations 40 to 42 and paragraph 4(1) and (2) of Schedule 4.

Qualifying member previously provided with accommodation

3.—(1) A qualifying member who ceases to occupy a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance.

(2) The replacement allowance is, subject to paragraph 8, an allowance at a rate equal to the total of—

(a)the rate at which housing allowance, or as the case may be transitional rent allowance, was payable, or would have been payable if he had not been occupying the house or quarters, immediately before 1st September 1994, and

(b)the rate at which any allowance under regulation 40(11) or 41(3) was or would have been then payable.

Qualifying member with housing emoluments

4.—(1) A qualifying member who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless he is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.

Re-joining member previously provided with accommodation

5.—(1) A re-joining member who immediately before the relevant absence began was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance at the rate at which, if he had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable—

(a)where the relevant absence began before 1st September 1994, immediately before it began, and

(b)in any other case, immediately before 1st September 1994.

Re-joining member previously in receipt of housing payments

6.—(1) A re-joining member who immediately before the relevant absence began was in receipt—

(a)of housing emoluments, or

(b)of a replacement allowance under paragraph 3 or 4,

becomes entitled to a replacement allowance unless he is provided with a house or quarters free of rent.

(2) The replacement allowance is, subject to paragraph 8, an allowance—

(a)where sub-paragraph (1)(a) applies, at the rate at which the housing emoluments were payable, and

(b)where sub-paragraph (l)(b) applies, at the rate at which the previous replacement allowance was payable,

immediately before the relevant absence began.

Members provided with house or quarters

7.  A qualifying member or a re-joining member who—

(a)is provided with a house or quarters free of rent, and

(b)if the revoked provisions had continued in force would have been entitled to an allowance under regulation 40(11) or 41(3) of the 1984 Regulations,

is, subject to paragraph 8, entitled to an equivalent replacement allowance.

Variation and termination of replacement allowances

8.—(1) Subject to sub-paragraph (2), in circumstances in which—

(a)a housing allowance or transitional rent allowance payable as mentioned in paragraph 3(2) or 5(2), or

(b)any of the housing emoluments mentioned in paragraphs 4(1), 6(1)(a) and 7,

would, if the revoked provisions had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of discontinuance would have been that no housing emoluments remained payable, terminated.

(2) For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member’s being married to or sharing accommodation with another member appointed after 31st August 1994.

(3) In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 40A of the 1984 Regulations (which provided for biennial adjustment of housing allowances), or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.