Explanatory note

These Regulations amend the Police Regulations 2003. Regulation 6 has effect from 16th April 2003, regulation 8 has effect from 24th July 2003 and regulation 9 has effect from 1st April 2004. Retrospective effect is permitted by section 50(5) of the Police Act 1996.

Regulations 2 and 3 relate to the prohibition on police officers from having business interests which are incompatible with membership of a police force. Regulation 2(3) provides that where the business interest concerned is held by a relative of the officer, then the duty to notify this arises only in cases when officer believes that this interest could interfere with the discharge of his duties. Regulation 2(5) provides that in determining whether a business interest is incompatible, the chief officer must have regard to the statutory Code of Conduct. Regulation 2(7) provides that in certain circumstances a police authority may remit a decision to a chief officer for redetermination, rather than themselves determining an appeal. Regulation 3 extends the category of persons whose interests may be incompatible with an officer’s membership of a police force so as to include a civil partner or a co-habitee of the officer.

Regulation 4 provides that the personal record to be kept of each police officer shall contain particulars of his civil partnership (if any).

Regulation 5 gives the Secretary of State power to make determinations relating to night work and working time.

Regulation 6 amends the circumstances in which an officer’s maternity leave counts as service for the purposes of her pay, and sets out the circumstances in which periods of adoption leave, maternity support leave and adoption support leave are to so count.

Regulation 7 gives the Secretary of State power to make determinations relating to adoption support leave and career breaks.

Regulation 8 gives the Secretary of State power to make a determination that would give police authorities a discretion to reimburse to chief officers the tax payable in relation to removal expenses.

Regulation 9 makes an amendment consequential on the revocation and replacement of the Police (Conduct) (Senior Officers) Regulations 1999 by the Police (Conduct) Regulations 2004.