The Police Regulations 2003

PART 2 E+W GOVERNMENT

Ranks E+W

4.—(1) Subject to paragraphs [F1 (2) and (3)], the ranks of a police force shall be known by the following designations—

• Chief Constable;

• Deputy Chief Constable;

• Assistant Chief Constable;

• Chief Superintendent;

• Superintendent;

• Chief Inspector;

• Inspector;

• Sergeant;

• Constable.

(2) In its application to the metropolitan police force, paragraph (1) shall have effect as if—

(a) the references to Chief Constable, Deputy Chief Constable and Assistant Chief Constable were omitted; and

(b) there were references to Commissioner, Deputy Commissioner, Assistant Commissioner and Deputy Assistant Commissioner of Police of the Metropolis and to Commander.

(3) In its application to the City of London police force (in respect of which a Commissioner of the City of London Police is appointed under the Acts relating to that force) paragraph (1) shall have effect as if—

(a) the references to Chief Constable, Deputy Chief Constable and Assistant Chief Constable were omitted; and

(b) there were references to Assistant Commissioner and Commander.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 4(1) substituted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 34(3)

F2 Reg. 4(4) revoked (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 34(2)(e)

Part-time appointments E+W

5.—(1) F3 ... A chief officer may, after consultation with local representatives of the representative bodies, appoint persons to perform part-time service in any rank.

(2) In these Regulations a person appointed to perform part-time service includes a person appointed to share a job with another person.

(3) A person appointed to perform part-time service may not be appointed to serve as a full-time member without his consent.

(4) A person appointed to perform part-time service immediately after serving as a full-time member may give notice in writing of his intention to be re-appointed as a full-time member and shall be so appointed—

(a) within [F4 2 months] of the date the notice is received by the [F5 local policing body], where the [F6 body] has a suitable vacancy, or

(b) except where sub-paragraph (a) applies, when [F7 4 months] have elapsed since the day the notice was received, or from an earlier date if reasonably practicable.

(5) A person serving as a full-time member of a police force may not be appointed to perform part-time service without his consent.

(6) In this regulation “full-time member” means a member appointed otherwise than under this regulation.

(7) In relation to persons appointed under this regulation to perform part-time service:

(a) regulation 12 has effect as if the words “, other than such a member who transferred to the force from another police force having completed the required period of probation therein,” were omitted; and

(b) regulation 25 has effect as if—

(i) in paragraph (1) for all the words after “compensated in respect of time” there were substituted “spent on duty in excess of such period as the Secretary of State may determine”; and

(ii) paragraph (2) were omitted.

F8 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in reg. 5(1) revoked (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 34(2)(f)

F4 Words in reg. 5(4)(a) substituted (22.11.2012) by The Police (Amendment No. 4) Regulations 2012 (S.I. 2012/2712), regs. 1, 3(2)(a)

F5 Words in reg. 5(4)(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(c)

F6 Word in reg. 5(4)(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 5(2)(a)

F7 Words in reg. 5(4)(b) substituted (22.11.2012) by The Police (Amendment No. 4) Regulations 2012 (S.I. 2012/2712), regs. 1, 3(2)(b)

F8 Reg. 5(8) revoked (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 34(2)(g)

Restrictions on the private life of members E+W

6.—(1) The restrictions on private life contained in Schedule 1 shall apply to all members of a police force.

(2) No restrictions other than those designed to secure the proper exercise of the functions of a constable shall be imposed by the [F9 local policing body] or the chief officer on the private life of members of a police force except—

(a) such as may temporarily be necessary, or

(b) such as may be approved by the Secretary of State after consultation with the Police Advisory Board for England and Wales.

(3) Any restriction temporarily imposed under paragraph (2) shall be reported forthwith to the Secretary of State.

Textual Amendments

F9 Words in reg. 6(2) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(d)

[F10 Business interests of members of police forces: general E+W

7.— (1) Where, in the case of a member of a police force—

(a) a business interest has been held by the appropriate officer to be incompatible with continued membership of the force under regulation 8; and

(b) either—

(i) no appeal has been made under regulation 9, or

(ii) such an appeal has been made and the chief officer has upheld the decision of the appropriate officer,

the decision of the appropriate officer shall be regarded as a lawful order for the purposes of the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008 and, in the event of any failure to abide by the decision, those Regulations shall apply as though the appropriate authority had determined under regulation 19(4) of those Regulations that the member had a case to answer in respect of gross misconduct.

(2) For the purposes of this regulation and regulations 8 and 9 a person has a business interest if—

(a) being a member of a police force, the person holds any office or employment for hire or gain (otherwise than as a member of the force) or carries on any business; or

(b) being a member of a police force or a relative of a member, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question.

(3) Functions of the chief officer under this regulation and regulations 8 and 9 may be exercised only—

(a) by the chief officer personally; or

(b) by an acting chief officer.

(4) A member of a police force may choose—

(a) another member of a police force;

(b) a police staff member, or

(c) a person nominated by the member’s staff association,

who is not otherwise involved in the matter to act as the member’s police friend in relation to the procedures set out in regulations 8 and 9.

(5) A police friend may—

(a) advise the member concerned throughout the procedures set out in regulations 8 and 9;

(b) accompany the member concerned to any meeting held under regulation 8 or 9; and

(c) make representations on the member’s behalf at any such meeting,

and a chief officer shall permit a police friend who is under the chief officer’s direction and control to use a reasonable amount of duty time for these purposes.

(6) In this regulation and regulations 8 and 9—

“acting chief officer” means—

(a)

a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,

(b)

a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, or

(c)

a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;

“appropriate officer” means a person serving in the part of the police force responsible for the maintenance of standards of professional behaviour who has been authorised by the chief officer to exercise functions under regulation 8;

“police staff member” means—

(a)

a member of the civilian staff of a police force (within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011); or

(b)

an employee of the Common Council of the City of London who is under the direction and control of the Commissioner of the City of London Police;

“relative”, in relation to a member of a police force, means—

(a)

a spouse or civil partner who is not separated from the member;

(b)

a person living with the member as if they were the member’s spouse or civil partner; or

(c)

a parent, son, daughter, brother or sister of the member,

who is included in the member’s family;

“staff association” means—

(a)

in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales;

(b)

in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents’ Association of England and Wales; and

(c)

in relation to a member of a police force who is a senior officer, the Chief Police Officers’ Staff Association.

(7) In its application to a chief officer, this regulation and regulations 8 and 9 have effect with the following modifications—

(a) paragraph (3) of this regulation has effect as if it read—

“(3) Functions of the local policing body under this regulation and regulations 8 and 9 may be exercised, where that body is an elected local policing body, only by the body personally or by a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011.”;

(b) in paragraph (6) of this regulation—

(i) the definition of “acting chief officer” is omitted;

(ii) the definition of “appropriate officer” has effect as if it read—

““appropriate officer” means a member of the staff of the local policing body who is not under the direction and control of the chief officer and who has been authorised by the body to exercise functions under regulation 8;”; and

(iii) every other reference to the chief officer has effect as a reference to the local policing body.]

Textual Amendments

F10 Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

Modifications etc. (not altering text)

C1 Reg. 7 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 47(2)

C2 Reg. 7 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 47(2)

C3 Reg. 7(7)(a) applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 47(2)

[F10 Business interests of members of police forces: notification and determination E+W

8.— (1) If a member of a police force—

(a) has or proposes to have a business interest which has not previously been disclosed; or

(b) is or becomes aware that a relative has or proposes to have a business interest which, in the opinion of the member, interferes or could be seen as interfering with the impartial discharge of the member’s duties and has not previously been disclosed,

the member shall immediately give written notice of that business interest to the chief officer.

(2) On receipt of a notice given under paragraph (1), the chief officer shall direct the appropriate officer to decide whether or not the business interest is compatible with the member concerned remaining a member of the police force.

(3) In deciding whether the business interest is compatible with the member concerned remaining a member of the police force, the appropriate officer shall have regard to whether, as a result of the business interest, the member’s conduct fails or would fail to meet the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008.

(4) Where the appropriate officer is minded to decide that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the officer shall—

(a) notify the member in writing of this preliminary view and the reasons for it;

(b) give the member the opportunity to make representations in writing, at a meeting, or both, at the discretion of the member; and

(c) take any such representations into account.

(5) Whether or not notification is given under paragraph (4), the appropriate officer shall, within 28 days of receipt of the notice given under paragraph (1), notify the member concerned in writing of the officer’s decision in relation to the business interest.

(6) Where the decision is that the business interest is compatible with the member concerned remaining a member of the police force, the notification under paragraph (5) may include a requirement for the member to furnish particulars of changes in the business interest, as respects its nature, extent or otherwise.

(7) Where the decision is that the business interest is not compatible with the member concerned remaining a member of the police force, or is not so compatible unless conditions are imposed, the notification under paragraph (5) shall—

(a) include a statement of the reasons for the decision;

(b) be accompanied by copies of any document on which the officer relies in support of the decision, and

(c) inform the member of the existence of the right of appeal under regulation 9.

(7) Where a member of a police force is required to furnish particulars of changes in a business interest under paragraph (6), then in the event of any such change being proposed or occurring this regulation shall have effect as though the changed business interest were a newly proposed or newly acquired business interest.]

Textual Amendments

F10 Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

[F10 Business interests of members of police forces: appeal E+W

9.— (1) Within 10 days of being notified of an appropriate officer’s decision under regulation 8(5), or within such longer period as the chief officer may in all the circumstances allow, a member of a police force may appeal against that decision by sending written notice to the chief officer.

(2) On receiving notice of appeal under paragraph (1) the chief officer shall—

(a) give the member the opportunity to make representations in writing, at a meeting, or both, at the discretion of the member; and

(b) take any such representations into account.

(3) The chief officer shall decide the appeal unless it appears to the chief officer that—

(a) the member has adduced substantive reasons why the member should be permitted to have the business interest, or why conditions should not be imposed, which were not considered by the appropriate officer; or

(b) the appropriate officer failed to apply fair procedures,

in which case the chief officer may direct the appropriate officer to decide the matter again under regulation 8.

(4) Subject to paragraph (5), the chief officer shall, within 28 days of receipt of the notice of appeal under paragraph (1), notify the member concerned in writing of the outcome of the appeal and provide a statement of the reasons for the decision.

(5) The chief officer may extend the period specified in paragraph (4), where the chief officer considers that it would be in the interests of justice to do so.

(6) Where the chief officer decides to extend the period under paragraph (5), the chief officer shall provide written notification of the reasons for that decision to the member concerned.]

Textual Amendments

F10 Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

[F10 Business interest precluding appointment to a police force E+W

9A.— (1) A candidate is not eligible for appointment to a police force if the candidate or a relative of the candidate has a business interest which is to be retained after appointment, unless the business interest is approved by the chief officer or, in the case of a candidate for appointment as chief officer, by the local policing body.

(2) For the purposes of this regulation—

(a) a person has a business interest if—

(i) being a candidate for appointment to a police force, the person holds any office or employment for hire or gain or carries on any business, or

(ii) being a candidate for appointment to a police force or a relative of a candidate, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question; and

(b) “relative”, in relation to a candidate for appointment to a police force, means—

(i) a spouse or civil partner who is not separated from the candidate,

(ii) a person living with the candidate as if they were the candidate’s spouse or civil partner, or

(iii) a parent, son, daughter, brother or sister of the candidate,

who is included in the candidate’s family.]

Textual Amendments

F10 Regs. 7-9A substituted for regs. 7, 8, 9 (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 3

Qualifications for appointment to a police force E+W

10.—(1) A candidate for appointment to a police force—

[F11 (a) must, if not a national of [F12 the United Kingdom or an EEA State], have leave to enter or remain in the United Kingdom for an indefinite period;]

(b) must produce satisfactory references as to character, and, if he has served in any police force, in the armed forces, in the civil service or as a seaman, produce satisfactory proof of his good conduct while so serving;

[F13 (ba) must have attained the age of 17 years;]

(c) must have attained the age of [F14 18 years] [F15 before being appointed to a police force];

(d) must be certified by a registered medical practitioner approved by the [F16 local policing body] to be in good health, of sound constitution and fitted both physically and mentally to perform the duties on which he will be employed after appointment;

(e) must meet the standard of eyesight determined by the Secretary of State;

[F17 (ea) must have a selected qualification or experience, within the meaning of paragraph (1A) [F18 before being appointed to a police force];]

(f) must, if a candidate for appointment in the rank of constable, satisfy the chief officer that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be approved by the Secretary of State;

(g) must, if a candidate for appointment in the rank of sergeant, or inspector, be qualified for promotion to such rank in accordance with the provisions of the Promotion Regulations;

(h) must give such information as may be required as to his previous history or employment or any other matter relating to his appointment to the police force;

[F19 (i) must, unless he is applying to transfer to the force from another police force, on being so required by the chief officer of the force to which he is a candidate for appointment give a sample of [F20 hair or oral fluid] or urine to be tested in accordance with procedures determined by the Secretary of State for evidence of such controlled drugs as the Secretary of State may determine];

[F21 (j) must, if a candidate for appointment under the [F22 FT Programme, the DE Inspector Programme or the DE Superintendent Programme], have passed the assessment centre in respect of that programme.]

[F23 (1A) A selected qualification or experience is a qualification or type of experience selected by the chief officer from a list determined by the Secretary of State, and a determination under this paragraph may confer such functions on the chief officer or any other person in relation to the listed qualifications or experience as the Secretary of State thinks fit.]

(2) A candidate for appointment to a police force shall be given a notice in terms approved by the Secretary of State drawing attention to the terms and conditions of service which shall be contained therein.

(3) For the purposes of this regulation—

(a) “armed forces” means the naval, military or air forces of the Crown including any women’s service administered by the Defence Council, F24 ...

[F25 (aa) “assessment centre” means the assessment centre approved by the College of Policing for the purposes of the [F26 FT Programme, the DE Inspector Programme or, as the case may be, the DE Superintendent Programme];]

[F27 (ab) “national of the United Kingdom” means—

(i) a British citizen;

(ii) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

(iii) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar;]

(b) “seaman” has the same meaning as in the Merchant Shipping Act 1995 M1 .

Textual Amendments

F11 Reg. 10(1)(a) substituted (7.11.2005) by The Police (Amendment) Regulations 2005 (S.I. 2005/2834), regs. 1(1), 2(2)

F12 Words in reg. 10(1)(a) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 29(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Reg. 10(1)(ba) inserted (22.6.2020) by The Police (Amendment) Regulations 2020 (S.I. 2020/546), regs. 1, 2(2)(a)

F14 Words in reg. 10(1)(c) substituted (19.9.2006) by The Police (Minimum Age for Appointment) Regulations 2006 (S.I. 2006/2278), regs. 1, 3

F15 Words in reg. 10(1)(c) inserted (22.6.2020) by The Police (Amendment) Regulations 2020 (S.I. 2020/546), regs. 1, 2(2)(b)

F16 Words in reg. 10(1)(d) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(h)

F17 Reg. 10(1)(ea) inserted (25.11.2013) by The Police (Amendment) Regulations 2013 (S.I. 2013/2793), regs. 1(2), 3(a)

F18 Words in reg. 10(1)(ea) inserted (22.6.2020) by The Police (Amendment) Regulations 2020 (S.I. 2020/546), regs. 1, 2(2)(c)

F19 Reg. 10(1)(i) inserted (7.11.2005) by The Police (Amendment) Regulations 2005 (S.I. 2005/2834), regs. 1(1), 2(3)

F20 Words in reg. 10(1)(i) substituted (1.4.2012) by The Police (Amendment No. 2) Regulations 2012 (S.I. 2012/680), regs. 1(2), 2(3)

F21 Reg. 10(1)(j) inserted (1.10.2014) by The Police (Amendment) Regulations 2014 (S.I. 2014/2372), regs. 1, 4(a)

F22 Words in reg. 10(1)(j) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 4(a)

F23 Reg. 10(1A) inserted (25.11.2013) by The Police (Amendment) Regulations 2013 (S.I. 2013/2793), regs. 1(2), 3(b)

F24 Word in reg. 10(3)(a) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 29(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F25 Reg. 10(3)(aa) inserted (1.10.2014) by The Police (Amendment) Regulations 2014 (S.I. 2014/2372), regs. 1, 4(b)

F26 Words in reg. 10(3)(aa) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 4(b)

F27 Reg. 10(3)(ab) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 29(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1995 c. 21.

[F28 Taking of fingerprints and samples prior to appointment to a police force E+W

10A.— (1) Where a candidate for appointment to a police force is to be offered an appointment, the offer shall (unless the candidate is applying to transfer to the force from another police force or is a special constable for that or another police area) be subject to the following conditions—

(a) the candidate is required to have fingerprints and a sample taken;

(b) the candidate must consent to the fingerprints and sample taken being the subject of a speculative search; and

(c) the chief officer must be satisfied that the candidate is suitable for appointment following the results of the speculative search.

(2) In a case to which paragraph (1) applies, the candidate shall notify the chief officer in writing whether the candidate consents—

(a) to the taking of fingerprints and a sample; and

(b) to such fingerprints and sample being the subject of a speculative search.

(3) Where a candidate is appointed as a member of a police force, upon appointment—

(a) any fingerprints taken under paragraph (1) shall be treated as if they had been taken under regulation 18(1); and

(b) any sample and any information derived from a sample taken under paragraph (1) shall be treated as if the sample had been taken under regulation 19(1).

(4) In this regulation—

“sample” has the same meaning as in regulation 19(4);

“speculative search” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984.]

Textual Amendments

F28 Reg. 10A inserted (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 4

[F29 Member rejoining a police force E+W

10B.— (1) This regulation applies to a person who is to be appointed as a member of a police force (“Force A”) and who—

(a) has previously served as a member of a police force (whether Force A or another force) and has—

(i) satisfactorily completed the period of probationary service in the rank of constable required under regulation 12 during that or another period of prior service, and

(ii) resigned or retired from that force;

(b) is not participating in the DE Inspector or DE Superintendent programmes;

(c) is not transferred (for the purposes of regulation 2 (reference to transfers)) to Force A from another force, and

(d) was not, immediately prior to the appointment—

(i) on a secondment under regulation 13A (secondments);

(ii) on a career break under regulation 33(12) (leave), or

(iii) a member of a police force.

(2) A person to whom this regulation applies—

(a) must be appointed in a rank to be decided by the chief officer making the appointment;

(b) must be on probation for such period as the Secretary of State shall determine in respect of such appointments.

(3) In making a determination under paragraph (2)(b), the Secretary of State may, subject to paragraph (4), confer on the chief officer discretion to determine the required period of probation in a particular case.

(4) For the purposes of a determination under paragraph (2)(b), the periods to be counted or disregarded in reckoning service shall be such as may be determined by the Secretary of State.]

Textual Amendments

F29 Reg. 10B substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 4

Appointment of senior officers E+W

11.— [F30 (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.]

[F31 (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.]

[F32 (2) An appointment to the rank of—

(a) chief constable or deputy chief constable in a police force maintained under section 2 of the Act;

(b) commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the metropolitan police force; or

(c) assistant commissioner in the City of London police force,

shall be for a fixed term.

(2A) Subject to paragraph [F33 (2B) to (2D)], an appointment for a fixed term shall be for a maximum of five years.

(2B) An appointment for a fixed term may be extended, by agreement of the [F34 person who made the appointment] and the person appointed, for a further term of a maximum of three years and for subsequent terms each of a maximum of one yearF35 ....]

[F36 (2C) The reference in paragraph (2B) to the person who made the appointment shall have effect—

(a) in the case of an appointment of a deputy chief constable under section 11A of the Act, as a reference to the chief constable; and

(b) in the case of an appointment of an Assistant Commissioner under section 9F of the Act or a Deputy Assistant Commissioner under section 9FA of the Act, as a reference to the Commissioner of Police of the Metropolis.

(2D) Where an appointment for a fixed term is due to expire at a time when the person appointed is acting as chief officer, the appointment shall not expire until—

(a) the date when the person ceases to act as chief officer, if the reason for the cessation is that the person is appointed as chief officer; or

(b) six months after the date when the person ceases to act as chief officer, if the reason for the cessation is that another person is appointed as chief officer.

(2E) Where sub-paragraph (b) of paragraph (2D) applies, the chief officer shall notify the person appointed, not less than three months before the end of the six month period mentioned in that sub-paragraph, as to whether or not the appointment is to be extended in accordance with paragraph (2B) (and, if it applies, paragraph (2C)).

(2F) For the purposes of paragraph (2D) a person is acting as chief officer when the person is—

(a) exercising or performing functions of a chief constable in accordance with section 41(1)(a) of the Police Reform and Social Responsibility Act 2011;

(b) exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44(1)(a) or (b) of that Act; or

(c) exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839.]

(3) [F37 Paragraphs (2) and (2D) are] without prejudice to any provision whereby a term of appointment comes to an end on promotion, dismissal, the conclusion of disciplinary proceedings or transfer to another police force and regulation 14 (retirement).

(4) The Secretary of State shall determine the circumstances in which a vacancy in a rank specified in paragraph (2) [F38 or the rank of assistant chief constable in a police force maintained under section 2 of the Act, or commander in the metropolitan police force or City of London police force] shall be advertised; if a vacancy is to be advertised, the advertisement shall contain such detail and be published in such manner as the Secretary of State may determine. The Secretary of State may determine that no appointment shall be made until after a date to be specified in the advertisement.

Textual Amendments

F30 Reg. 11(1) substituted (4.1.2017) by The Police (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1200), regs. 1, 2(1)(a)

F31 Reg. 11(1A) substituted (4.1.2017) by The Police (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1200), regs. 1, 2(1)(b)

F32 Reg. 11(2)-(2B) substituted for reg. 11(2) (1.7.2006) by The Police (Amendment) Regulations 2006 (S.I. 2006/1467), regs. 1, 2(2) (with reg. 3)

F33 Words in reg. 11(2A) substituted (22.11.2012) by The Police (Amendment No. 4) Regulations 2012 (S.I. 2012/2712), regs. 1, 4(2)

F34 Words in reg. 11(2B) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 7(c)

F35 Words in reg. 11(2B) omitted (22.11.2012) by virtue of The Police (Amendment No. 4) Regulations 2012 (S.I. 2012/2712), regs. 1, 4(3)

F36 Reg. 11(2C)-(2F) inserted (22.11.2012) by The Police (Amendment No. 4) Regulations 2012 (S.I. 2012/2712), regs. 1, 4(4)

F37 Words in reg. 11(3) substituted (22.11.2012) by The Police (Amendment No. 4) Regulations 2012 (S.I. 2012/2712), regs. 1, 4(5)

F38 Words in reg. 11(4) inserted (1.7.2006) by The Police (Amendment) Regulations 2006 (S.I. 2006/1467), regs. 1, 2(3) (with reg. 3)

[F39 Removal of chief constable or commissioner or deputy commissioner of the metropolitan police E+W

11A.— (1) If an elected local policing body is proposing to call on a member of a police force to retire or resign under section 38(3) or 48(3) of the 2011 Act, the body shall—

(a) obtain the views of the chief inspector of constabulary in writing;

(b) have regard to those written views;

(c) give the member a copy of those written views at the time of giving the member a written explanation of the reasons why the body is proposing to call for the retirement or resignation in accordance with section 48(5)(a) of, or paragraph 13(2) of Schedule 8 to, the 2011 Act; and

(d) if the body is a police and crime commissioner, give the police and crime panel a copy of those written views at the time of giving the panel a copy of the commissioner’s reasons in accordance with paragraph 13(3)(b) of that Schedule.

(2) If, having complied with paragraph (1) of this regulation and paragraph 13 of Schedule 8 to the 2011 Act, a police and crime commissioner still proposes to call upon the chief constable to retire or resign, the commissioner shall, at the time of giving the chief constable and the police and crime panel notification of the commissioner’s intention in accordance with paragraph 14(2) of that Schedule —

(a) give the chief constable and the panel a written explanation of the reasons why the commissioner still proposes to call for the retirement or resignation;

(b) give the chief inspector of constabulary a copy of the notification and the explanation; and

(c) give the chief executive appointed under paragraph 6(1)(a) of Schedule 1 to the 2011 Act a copy of the notification, the explanation and the written views of the chief inspector obtained in accordance with paragraph (1)(a) of this regulation.]

Textual Amendments

F39 Regs. 11A, 11B inserted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 8

[F39 Removal of other senior officers E+W

11B.— (1) If a chief officer is proposing to call on a member of a police force to retire or resign under section 39(5), 40(4) or 49(3) of the 2011 Act, the chief officer shall—

(a) notify the relevant elected local policing body of the proposal as soon as is practicable;

(b) obtain the views of the chief inspector of constabulary in writing;

(c) have regard to those written views; and

(d) give the member a copy of those written views at the time of giving the member a written explanation of the reasons why the chief officer is proposing to call for the retirement or resignation in accordance with section 49(5)(a) of, or paragraph 19(2) of Schedule 8 to, the 2011 Act.

(2) Paragraph (1)(a) is without prejudice to the duty of a chief constable to consult the relevant police and crime commissioner under paragraph 20(2) of Schedule 8 to the 2011 Act.

(3) In addition to giving the member of the police force the opportunity to make written representations in accordance with section 49(5)(b) of, or paragraph 19(3) of Schedule 8 to, the 2011 Act, the chief officer shall give the member the opportunity to make oral representations at a meeting attended by the chief officer.

(4) If, having complied with paragraphs (1) and (2) of this regulation and section 49(5) of, or paragraph 19 of Schedule 8 to, the 2011 Act, the chief officer still proposes to call on the member of the police force to retire or resign, the chief officer shall—

(a) give the relevant elected local policing body—

(i) a written explanation of the chief officer’s reasons, and

(ii) a copy of the written views of the chief inspector of constabulary,

at the time of consulting that body in accordance with section 49(3) of, or paragraph 20(2) of Schedule 8 to, the 2011 Act; and

(b) give a copy of the written explanation of the chief officer’s reasons to—

(i) the member, and

(ii) the chief inspector of constabulary.]

Textual Amendments

F39 Regs. 11A, 11B inserted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 8

Probationary serviceF40 ... E+W

12.— [F41 (1) Subject to paragraphs (2) and (3), a member of a police force [F42 other than a rejoiner member]—

(a) appointed in the rank of constable, other than such a member who transferred to the force from another police force having completed the required period of probation therein; or

[F43 (aa) in the case of a DE inspector, appointed in the rank of inspector;]

(b) in the case of a DE superintendent, appointed in the rank of superintendent,

shall be on probation for such period as the Secretary of State shall determine in respect of such appointments.]

(2) In making a determination under paragraph (1), the Secretary of State may, subject to paragraph (3), confer on the chief officer discretion to determine the required period of probation in a particular case.

(3) For the purposes of a determination under paragraph (1), the periods to be counted or disregarded in reckoning service shall be such as may be determined by the Secretary of State.

Textual Amendments

F40 Words in reg. 12 heading omitted (1.10.2014) by virtue of The Police (Amendment) Regulations 2014 (S.I. 2014/2372), regs. 1, 5(a)

F41 Reg. 12(1) substituted (1.10.2014) by The Police (Amendment) Regulations 2014 (S.I. 2014/2372), regs. 1, 5(b)

F42 Words in reg. 12(1) inserted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 5

F43 Reg. 12(1)(aa) inserted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 5

Discharge of probationer E+W

13.—(1) Subject to the provisions of this regulation, during his period of probation in the force [F44 the services of a constable, [F45 DE inspector, DE superintendent or rejoiner member]] may be dispensed with at any time if the chief officer considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to become an efficient or [F46 well conducted constable, [F45 DE inspector, DE superintendent or rejoiner member]].

(2) A [F47 constable, [F48 DE inspector, DE superintendent or rejoiner member]] whose services are dispensed with under this regulation shall be entitled to receive a month’s notice or a month’s pay in lieu thereof.

(3) A [F49 constable’s, [F50 DE inspector’s, DE superintendent’s or rejoiner member’s]] services shall not be dispensed with in accordance with this regulation and any notice given for the purposes thereof shall cease to have effect if he gives written notice to the [F51 local policing body] of his intention to retire and retires in pursuance of the said notice on or before the date on which his services would otherwise be dispensed with; and such a notice taking effect on that date shall be accepted by the [F51 local policing body] notwithstanding that less than a month’s notice is given.

(4) Where a [F52 constable, [F53 DE inspector, DE superintendent or rejoiner member]] has received a notice under this regulation that his services are to be dispensed with and he gives written notice of his intention to retire and retires under paragraph (3), he shall nevertheless be entitled to receive pay up to and until the date on which the month’s notice he has received would have expired or where he has received or is due to receive a month’s pay in lieu of notice he shall remain entitled to that pay notwithstanding the notice he has given under paragraph (3).

Textual Amendments

F44 Words in reg. 13(1) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(a)(i)

F45 Words in reg. 13(1) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(a)

F46 Words in reg. 13(1) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(a)(ii)

F47 Words in reg. 13(2) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(b)

F48 Words in reg. 13(2) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(a)

F49 Words in reg. 13(3) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(c)

F50 Words in reg. 13(3) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(b)

F51 Words in reg. 13(3) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(i)

F52 Words in reg. 13(4) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(d)

F53 Words in reg. 13(4) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(a)

[F54 Secondments E+W

13A.— (1) The Secretary of State shall determine the circumstances in which, and the terms on which, a member of a police force may undertake temporary service outside the police force which is not relevant service within the meaning of section 97 of the Act (police officers engaged on service outside their force).

(2) A determination under paragraph (1)—

(a) may confer such functions on the chief officer or any other person as the Secretary of State thinks fit;

(b) shall not permit any period of temporary service to exceed five years; and

(c) shall be without prejudice to any arrangement in place under which a member is undertaking temporary service outside the police force at the time paragraph (1) comes into force.]

Textual Amendments

F54 Reg. 13A inserted (25.11.2013) by The Police (Amendment) Regulations 2013 (S.I. 2013/2793), regs. 1(2), 5

Retirement E+W

14.  Members of a police force may retire in such circumstances as shall be determined by the Secretary of State, and in making such a determination the Secretary of State may—

(a) require such notice of intention to retire as may be specified in the determination, or such shorter notice as may have been accepted by the [F55 local policing body], to be given to that [F56 body],

(b) require the consent of the chief officer to be obtained before giving such notice.

Textual Amendments

F55 Words in reg. 14(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(j)

F56 Word in reg. 14(a) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 5(2)(c)

[F57 Compensation lump sum on voluntary retirement E+W

14A.— (1) Without prejudice to the Police Pensions Regulations, the Secretary of State may determine the circumstances in which a member of a police force is entitled to receive a payment on voluntary retirement from the police force (a “compensation lump sum”), and the amount of such compensation lump sum.

(2) In making a determination under paragraph (1) the Secretary of State may confer such functions on—

(a) the police pension authority (within the meaning of section 11(2) of the Police Pensions Act 1976); and

(b) the pension supervising authority (within the meaning of that section),

in relation to compensation lump sums as he thinks fit.]

Textual Amendments

F57 Reg. 14A inserted (1.1.2013) by The Police (Amendment No. 5) Regulations 2012 (S.I. 2012/3058), regs. 1(2), 2

Contents of personal records E+W

15.—(1) The chief officer of a police force shall cause a personal record of each member of the police force to be kept.

(2) The personal record shall contain—

(a) a personal description of the member;

(b) particulars of the member’s place and date of birth;

(c) particulars of his marriage [F58 or civil partnership] (if any) and of his children (if any);

(d) a record of his service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service;

(e) a record of his service (if any) in any other police force and of his transfers (if any) from one police force to another;

[F59 (ea) a record of his service (if any) in the Royal Parks Constabulary;]

(f) a record of whether he passed or failed to pass any qualifying examination at which he was a candidate;

(g) a record of his service in the police force and the date of his ceasing to be a member of the police force with the reason, cause or manner thereof.

(3) The record of service kept in accordance with paragraph (2)(g) shall include particulars of all promotions, postings, removals, injuries received, periods of illness, commendations, rewards, sanctions other than cautions imposed under regulation 31 of the Police (Conduct) Regulations 1999M2 [F60 , regulation 35 of the Police (Conduct) Regulations 2004] or under regulation 17 of the Police (Efficiency) Regulations 1999 M3 but, subject to paragraph (4)—

(i) a sanction of a fine or of a reprimand shall be expunged after 3 years free from sanction other than a caution;

(ii) any other sanction shall be expunged after 5 years free from sanction other than a caution,

(iii) a sanction under regulation 17 of the Police (Efficiency) Regulations 1999 shall be expunged after 2 years free from any such sanction.

(4) In the case of a period free from sanction other than a caution which expired before 1st January 1989, a sanction shall be expunged under paragraph (3) only if the member so requests.

[F61 (4A) Subject to paragraphs (4B), (4C) and (5A), the record of service kept in accordance with paragraph (2)(g) shall also include particulars of all—

(a) disciplinary action, save for management advice—

(i) taken under regulation 35, 40 or 55 of the Police (Conduct) Regulations 2008; or

(ii) ordered following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008;

(b) written improvement notices issued under regulation 15 or varied under regulation 18 of the Police (Performance) Regulations 2008;

(c) final written improvement notices issued under regulation 22 or varied under regulation 25 of the Police (Performance) Regulations 2008; and

(d) outcomes, save for redeployment to alternative duties, ordered under regulation 38 of the Police (Performance) Regulations 2008 or following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008.

(4B) In relation to a record of service—

(a) a written warning shall be expunged after the expiry of the period of 12 months as referred to in regulation 3(3)(a) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations);

(b) a final written warning shall be expunged—

(i) after the period of 18 months as referred to in regulation 3(3)(b) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations); or

(ii) in the event of a final written warning being extended under regulation 35(6)(b) or 55(2)(b) of the Police (Conduct) Regulations 2008, on the expiry of that extended warning;

(c) a reduction in rank shall be expunged after 5 years from the date the officer concerned was reduced in rank; and

(d) a written improvement notice or a final written improvement notice issued or extended shall be expunged at the end of the validity period of such notice as defined in the Police (Performance) Regulations 2008 unless in relation to such a notice a period mentioned in regulation 10(2) of those Regulations has been extended beyond 12 months, in which case that notice shall be expunged at the end of such extended period.

(4C) A written warning or final written warning shall not be expunged from the record of service where before the time period expires for the written notice or final written notice to be expunged under paragraph (4A)(a) or (b) a written notice is served on the officer concerned under regulation 15 of the Police (Conduct) Regulations 2008 or under regulation 14A of the Police (Complaints and Misconduct) Regulations 2004. In such cases, the written warning or final written warning shall remain on the record of service until the conclusion of the disciplinary proceedings for which the written notice was served.]

(5) Where following a review of a sanction imposed under regulation 31 of the Police (Conduct) Regulations 1999 or under regulation 17 of the Police (Efficiency) Regulations 1999 the reviewing officer substitutes for the decision of the conduct hearing or, as the case may be, inefficiency hearing a decision that the member concerned had not failed to meet the appropriate standard or, as the case may be, that the performance or attendance of the member concerned was not unsatisfactory, the sanction imposed by that hearing shall be expunged forthwith.

[F62 (5A) Where, following an appeal meeting under the Police (Conduct) Regulations 2008, a first stage appeal meeting or second stage appeal meeting under the Police (Performance) Regulations 2008 or an appeal to a police appeals tribunal under the Police Appeals Tribunals Rules 2008, the person or persons hearing the appeal decide to reverse, revoke, vary the terms of or impose a different disciplinary action, outcome or notice, the previous disciplinary action, outcome or notice which was the subject matter of the appeal shall be expunged forthwith.]

(6) A member of a police force shall, if he so requests, be entitled to inspect his personal record.

Textual Amendments

F58 Words in reg. 15(2)(c) inserted (1.2.2007) by The Police (Amendment) (No. 2) Regulations 2006 (S.I. 2006/3449), regs. 1(2), 4

F59 Reg. 15(2)(ea) inserted (7.11.2005) by The Police (Amendment) Regulations 2005 (S.I. 2005/2834), regs. 1(1), 3

F60 Words in reg. 15(3) inserted (1.12.2008) by The Police (Amendment) Regulations 2008 (S.I. 2008/2865), regs. 1(2), 2(2)

F61 Reg. 15(4A)-(4C) inserted (1.12.2008) by The Police (Amendment) Regulations 2008 (S.I. 2008/2865), regs. 1(2), 2(3)

F62 Reg. 15(5A) inserted (1.12.2008) by The Police (Amendment) Regulations 2008 (S.I. 2008/2865), regs. 1(2), 2(4)

Marginal Citations

M2 S.I. 1999/730.

M3 S.I. 1999/732.

Transfer of personal records E+W

16.  Where a member of a police force transfers to another police force his personal record shall be transferred to the chief officer of that other police force.

Personal record of member leaving force E+W

17.—(1) Where a member of a police force ceases to be a member of that police force the member shall, unless he transfers to another police force, be given a certificate showing his rank and setting out the period of his service in that police force and in any other police force.

(2) The chief officer may append to the certificate any recommendation which he feels justified in giving, such as that—

• his conduct was exemplary;

• his conduct was very good;

• his conduct was good.

(3) Where a member of a police force ceases to be a member of that police force, otherwise than by transferring to another police force, his personal record shall be kept for such time as the chief officer may think fit and shall then be destroyed.

[F63 (4) Where a member of a police force (“Force A”) to whom paragraph (3) applies becomes a rejoiner member of another police force (“Force B”), the chief officer of Force A must transfer to Force B any personal record relating to the rejoiner member that is still kept by Force A.]

Textual Amendments

F63 Reg. 17(4) inserted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 7

Fingerprints E+W

18.—(1)  [F64 Subject to paragraph (4),] every member of a police force shall in accordance with the directions of the chief officer have his fingerprints taken.

(2) Fingerprints of members of a police force taken in accordance with paragraph (1) shall be kept separate from the fingerprints of persons whose fingerprints have been taken otherwise than in accordance with that paragraph [F65 or regulation 1A(1) of the Special Constables Regulations 1965].

[F66 (3) The fingerprints of a member of a police force taken in accordance with paragraph (1) or regulation 1A(1) of the Special Constables Regulations 1965 and all copies and records of those fingerprints shall be destroyed on his ceasing to be a member of that force, except that—

(a) if on his ceasing to be a member of that force he becomes a special constable for the police area for which that force is maintained, his fingerprints shall be kept in accordance with regulation 1A(2) of the Special Constables Regulations 1965, and

(b) if by reason of a statutory transfer he becomes a member of another force, or if he is appointed as a special constable for another police area, his fingerprints and all copies and records of those fingerprints shall be transferred to the chief officer of that other police force and kept in accordance with paragraph (2) or regulation 1A(2) of the Special Constables Regulations 1965 as the case may be.]

[F67 (4) A member of a police force who was required to have fingerprints taken under regulation 10A(1) shall not also be required to have his fingerprints taken under paragraph (1).]

Textual Amendments

F64 Words in reg. 18(1) inserted (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 5(1)

F65 Words in reg. 18(2) inserted (1.5.2007) by The Police (Fingerprints) Regulations 2007 (S.I. 2007/1162), regs. 1, 3(2)

F66 Reg. 18(3) substituted (1.5.2007) by The Police (Fingerprints) Regulations 2007 (S.I. 2007/1162), regs. 1, 3(3)

F67 Reg. 18(4) inserted (20.8.2012) by The Police (Amendment No. 3) Regulations 2012 (S.I. 2012/1960), regs. 1, 5(2)

Samples E+W

19.— [F68 (1) Every member of a police force must provide a sample when directed to do so by the chief officer and in accordance with any such direction.]

(2) Samples or the information derived from samples of members of a police force taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with section 63 of the Police and Criminal Evidence Act 1984 M4 .

[F69 (2A) Samples or the information derived from samples of members of a police force taken in accordance with this regulation (or treated as if so taken, by virtue of regulation 10A(3)(b)) may be checked against samples or the information derived from samples taken in accordance with the Police and Criminal Evidence Act 1984 or recovered from scenes of crime.]

[F70 (3) Samples of a member of a police force taken in accordance with this regulation shall be destroyed before the end of the period of six months beginning with the date on which they were taken.

(3A) The information derived from samples of a member of a police force taken in accordance with this regulation, and all copies and records thereof, shall be destroyed within 12 months of that member ceasing to be a member of that police force except by reason of a transfer to another force.]

(4) In this regulation “sample” means—

(a) a sample of hair, other than pubic hair, complete with roots;

(b) [F71 oral fluid]; or

(c) a swab taken from the mouth.

F72 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Reg. 19(1) substituted (1.4.2015) by The Police (Amendment) Regulations 2015 (S.I. 2015/455), regs. 1, 3(a)

F69 Reg. 19(2A) inserted (1.4.2015) by The Police (Amendment) Regulations 2015 (S.I. 2015/455), regs. 1, 3(b)

F70 Reg. 19(3)(3A) substituted for reg. 19(3) (1.4.2015) by The Police (Amendment) Regulations 2015 (S.I. 2015/455), regs. 1, 3(c)

F71 Words in reg. 19(4)(b) substituted (1.4.2012) by The Police (Amendment No. 2) Regulations 2012 (S.I. 2012/680), regs. 1(2), 2(4)

F72 Reg. 19(5) omitted (1.4.2015) by virtue of The Police (Amendment) Regulations 2015 (S.I. 2015/455), regs. 1, 3(d)

Marginal Citations

M4 1984 c. 60.

[F73 Testing for substance misuse E+W

19A.— (1) The chief officer of a police force may require any member of the force who—

(a) gives the chief officer reasonable cause to suspect that he has used a controlled drug;

(b) is on a period of probation under regulation [F74 10B or] 12;

(c) has been identified by the chief officer as being vulnerable because of a specific responsibility for dealing with drugs; or

[F75 (d) is selected in accordance with a regime of routine random testing;]

to give a sample of [F76 oral fluid] or urine to be tested for evidence of controlled drugs in accordance with procedures determined by the Secretary of State.

[F77 (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.]

(3) A member of a police force who—

(a) on giving a sample under paragraph (1) is found to have taken a controlled drug specified in a determination of the Secretary of State; or

(b) F78 ... on giving a sample under paragraph (2), is found to have more than 13 microgrammes of alcohol in 100 millilitres of breath

shall face such consequences as are specified in that determination.]

Textual Amendments

F73 Reg. 19A inserted (7.11.2005) by The Police (Amendment) Regulations 2005 (S.I. 2005/2834), regs. 1(1), 4

F74 Words in reg. 19A(1)(b) inserted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 8

F75 Reg. 19A(1)(d) substituted (1.4.2012) by The Police (Amendment No. 2) Regulations 2012 (S.I. 2012/680), regs. 1(2), 2(5)(a)

F76 Words in reg. 19A(1) substituted (1.4.2012) by The Police (Amendment No. 2) Regulations 2012 (S.I. 2012/680), regs. 1(2), 2(5)(b)

F77 Reg. 19A(2) substituted (4.1.2017) by The Police (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1200), regs. 1, 2(2)(a)

F78 Words in reg. 19A(3)(b) omitted (4.1.2017) by virtue of The Police (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1200), regs. 1, 2(2)(b)