OpenLegislation

Paragraph 4

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In their application to a person employed by a probation committee these regulations have effect subject to the modifications in the following sub-paragraphs.

(2)

For the purposes of the definition of “employee” in Schedule A1, a probation officer whose appointment is determinable within three months unless confirmed by the Secretary of State is not for that reason to be treated as being a person appointed to a post in a temporary capacity for a period of not more than three months.

(3)

In relation to an employee of the probation committee for the inner London area, the Receiver for the Metropolitan Police District is to be treated—

(a)

as his employing authority for the purposes of regulations C25 (deduction of contributions), C26 (statement of remuneration received otherwise than from employing authority) and regulation L13(1) to (3) (employer’s further payments),

(b)

as employing him for the purposes of regulation L12 (employer’s contributions), and

(c)

as the LGPS employer concerned for the purposes of regulation L13(4) (employer’s further payments).

(4)

The probation committee for the inner London area are to report any relevant decision made by them to the Secretary of State; and such a decision has no effect until approved by him.

(5)

The probation committee for an area other than the inner London area are to report any relevant decision made by them to the body responsible for defraying the expenses of the committee, or, where two or more bodies contribute to the defraying of those expenses, to each of those bodies.

(6)

Regulation J5 (appeals) has effect as if a body receiving such a report were a person mentioned in paragraph (5)(b) of that regulation (service of notice of appeal) and paragraph (2) were omitted.

(7)

In the application of regulation B15(1)(b) and (3) (calculation of part-time service) to part-time service as a probation officer, the proportionately reduced period is to be determined by making a separate calculation in respect of each year of part-time service and, subject to sub-paragraph (8), in respect of any year of part-time service the period is the same proportion of that year as the remuneration received by him in the year of part-time service bears to the mean of the annual salary scale applicable to probation officers in respect of that year.

(8)

In relation to any year of part-time service before 1st April 1965, sub-paragraph (7) applies as if the mean of the annual salary scale applicable to probation officers in respect of that year were—

(a)

in a case where the date on which that year commenced was on or after 1st July 1937 and before 1st July 1944, for male officers £330 and for female officers £290;

(b)

in a case where that date was on or after 1st July 1944 and before 1st December 1946, for male officers £375 and for female officers £330;

(c)

in a case where that date was on or after 1st December 1946 and before 1st April 1954, for male officers £485 and for female officers £420; and

(d)

in a case where that date was on or after 1st April 1954, for male officers £620 and for female officers £555.

(9)

Sub-paragraphs (7) and (8) apply with the necessary modifications to periods of part-time service of less than a year.