# The Police (Amendment) (No. 2) Regulations 2016

S.I. 2016/1200 · made 7 December 2016

These Regulations make various amendments to the Police Regulations 2003 (S.I. 2003/527) (“the 2003 Regulations”).

Made under: Police Act 1996

## Introductory text

Police, England And Wales
Made 7th December 2016
Laid before Parliament 12th December 2016
Coming into force 4th January 2017
The Secretary of State, in exercise of the powers conferred by section 50 of the Police Act 1996, makes the following Regulations.
In accordance with section 50(2ZC) of that Act, and in so far as these Regulations relate to matters specified in that section, the text of these Regulations has been approved by the College of Policing.
In accordance with section 52A(5)(b) of that Act, and in so far as these Regulations relate to matters specified in section 52A(1), the Secretary of State has not considered advice from the Senior Salaries Review Body or referred these matters to the Police Remuneration Review Body because she considers it is unnecessary to do so by reason of the nature of the Regulations.
In accordance with section 52A(6), and in so far as these Regulations relate to matters specified in section 52A(1), before making these Regulations the Secretary of State has supplied a draft of them to, and considered any representations made by, persons whom the Secretary of State considers to represent the interests of those persons referred to in section 52A(6).
In accordance with section 63(3) of that Act, and in so far as these Regulations relate to matters other than those mentioned in sections 50(2ZC) and 52A(1), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and taken into consideration any representations made by that Board.

## 1 Citation and commencement

These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 2016 and come into force on 4th January 2017.

## 2 Amendments to the Police Regulations 2003

The Police Regulations 2003 are amended as follows.
(1) In regulation 11—
(a) for paragraph (1), substitute—
“(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.”;
(b) for paragraph (1A), substitute—
“(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.”.
(2) In regulation 19A—
(a) for paragraph (2), substitute—
“(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.”;
(b) in paragraph (3)(b), omit “falls within paragraph (1)(d) and who,”.
(3) In regulation 31, after paragraph (1)(b) insert—
“(c) any employment and support allowance to which the member is entitled under sections 1(2)(a) or 1B of the Welfare Reform Act 2007,”.

## Signature

Brandon Lewis
Minister of State
Home Office
7th December 2016

## Explanatory note

(This note is not part of the Regulations)
These Regulations make various amendments to the Police Regulations 2003 (S.I. 2003/527) (“the 2003 Regulations”).
Regulation 2(1)(a) amends regulation 11(1) so that the Secretary of State may determine that a rank be held (and periods of time served in that rank) by a person prior to appointment of that person as chief constable, Commissioner of Police of the Metropolis or Commissioner of Police for the City of London, and if the Secretary of State does so determine, a person cannot be appointed without holding or having held that rank for the prescribed period of time.
Regulation 2(1)(b) amends regulation 11(1A) to clarify that the Secretary of State may determine the courses and assessments centres to be completed by a person prior to appointment of that person to any rank above that of chief superintendent, and if the Secretary of State does so determine, no appointment may be made to the relevant rank unless the requirements of that determination are satisfied.
Regulation 2(2) permits alcohol testing of members of police forces where the chief officer has reasonable cause to suspect such a member is under the influence of alcohol, and re-states the existing power to test in accordance with a routine of random testing.
Regulation 2(3) inserts a reference into regulation 31(1) of the 2003 Regulations to the employment and support allowance paid under sections 1(2)(a) or 1B of the Welfare Reform Act 2007 (c. 5). This clarifies that the amount of pay of a member of a police force in receipt of full pay who is also in receipt of employment and support allowance must be reduced by the amount of that employment and support allowance.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2016/1200 (the official version)
Page: https://openlegislation.uk/police-amendment-no-2-regulations-2016
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.