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The Police (Promotion) Regulations 1996

S.I. 1996/1685 · Made 26 June 1996 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2015.

POLICE

Made 26th June 1996

Laid before Parliament 4th July 1996

Coming into force 1st August 1996

The Secretary of State in exercise of the powers conferred on him by section 33 of the Police Act 1964f1, and after furnishing a draft of the Regulations to the Police Advisory Board for England and Wales in accordance with section 46(3) of that Actf2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1964 c. 48; section 33 has been amended by the Police and Magistrates' Courts Act 1994 (c. 29) and those amendments (except new section 33(3)) have been brought into force by S.I. 1994/2025.

f2

Section 46(3) has been amended by section 2(4) of the Police Negotiating Board Act 1980 (c. 10).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Qualification for promotion
  4. 4Selection for promotion
  5. 5Period of probation for constable promoted to sergeant
  6. 6Temporary promotion
  7. 7High Potential Development Scheme
  8. 8Revocations
  9. Signature
  10. Schedule 1: QUALIFYING ASSESSMENTS
  11. 1Paragraph 1
  12. 2Paragraph 2
  13. 3Paragraph 3
  14. 4Paragraph 4
  15. 5Paragraph 5
  16. 6Paragraph 6
  17. Schedule 2: RECOGNITION OF CERTAIN PROMOTION EXAMINATIONS
  18. 1Paragraph 1
  19. 2Paragraph 2
  20. 3Paragraph 3
  21. 4Paragraph 4
  22. Schedule 3REVOCATIONS
  23. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Police (Promotion) Regulations 1996 and shall come into force on 1st August 1996.

2InterpretationI1

(1)

In these Regulations, unless the context otherwise requires —

  • F1“FT Programme” means a programme for the time being recognised by the Secretary of State for the purposes of these Regulations as the Constable to Inspector Fast Track Programme;

  • F2“HPD scheme” means a scheme for the time being recognised by the Secretary of State for the purposes of these Regulations as the high potential development scheme;

  • “member of a police force” includes such a member who is suspended from membership of his force and the office of constable under regulations made by virtue of F3section 50 of the Police Act 1996;

  • F4...

  • “probationary service”, in relation to a constable who completed the required period of probation following a previous appointment, does not include any period of probation following his latest appointment;

  • “Scottish force” means a police force within the meaning of the Police (Scotland) Act 1967;f1 and

  • “Scottish promotion regulations” means regulations relating to qualification for promotion from time to time in force under that Act.

(2)

In these Regulations, unless the context otherwise requires, any reference to a member of a police force F5... includes a reference to a reversionary member, that is to say —

(a)

a reversionary member of a home police force, or

(b)

a central police officer,

within the meaning of the Police Pensions Regulations 1987;f2 any reference to service includes a reference to service as a reversionary member; and any reference to a constable or a sergeant includes a reference to a reversionary member entitled under F6section 97(3) of the Police Act 1996 to revert to a police force in the rank in question.

(3)

In reckoning service or a period in any rank for the purposes of these Regulations —

(a)

any period of unpaid leave shall be disregarded;

(b)

any period of study as a university scholar within the meaning of the Police Regulations F72003 shall be disregarded;

(c)

in the case of a female member of a police force F8... who has taken one or more periods of maternity leave (within the meaning of F9regulation 29 of the Police Regulations 2003) —

(i)

where that leave has been for more than F10eighteen weeks, the first eighteen weeks whilst on maternity leave shall be treated as if it were service in the police force ...;

(ii)

where that leave has been for less than eighteen weeks, any period spent on maternity leave shall be treated as if it were service in the police force ....

(4)

In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule shall be construed as a reference to a regulation or Schedule in these Regulations; a reference to a paragraph shall be construed as a reference to a paragraph in the same regulation or, as the case may be, same Schedule; and a reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph.

3Qualification for promotionI1

(1)

F1Subject to paragraph (2A), a constable is qualified for promotion to the rank of sergeant if he —

(a)

has obtained a pass in the F2qualifying assessment for promotion to the rank of sergeant,

(b)

has completed 2 years' service, and

(c)

has completed his probationary service.

(2)

F3Subject to paragraph (2B), a sergeant is qualified for promotion to the rank of inspector if he —

(a)

has obtained a pass in the qualifying assessment for promotion to the rank of inspector, and

(b)

has completed 2 years' service F4, or in the case of a sergeant participating in the HPD scheme, 1 year’s service, in the rank of sergeant.

F5(2A)

A constable participating in the FT Programme is qualified for promotion to the rank of sergeant if he has obtained a pass in the qualifying assessment for promotion to the rank of sergeant.

(2B)

A sergeant participating in the FT Programme is qualified for promotion to the rank of inspector if he has obtained a pass in the qualifying assessment for promotion to the rank of inspector (including where part of that pass was obtained whilst the sergeant held the rank of constable, in accordance with paragraph 5(2A) of Schedule 1).

(3)

Previous service in —

(a)

a Scottish force,

(b)

the Royal Ulster Constabulary,

(c)

the Isle of Man Constabulary, or

(d)

the British Airports Authority Constabulary if the service terminated with transfer to a police force by an order under section 30 of the Aviation Security Act 1982f1,

counts for the purposes of paragraph (1)(b), and if it constituted probationary service in the force or constabulary in question, for the purposes of paragraph (1)(c), and such service in the rank of sergeant counts for the purposes of paragraph (2)(b).

(4)

Previous service in —

(a)

the Port of Tilbury Constabulary,

(b)

the Port of Liverpool Constabulary,

(c)

the States of Jersey Police,

(d)

the Royal Parks Constabulary,

(e)

the Ministry of Defence Police,

(f)

the British Transport Police, or

(g)

the Dover Harbour Board Police,

which constituted probationary service in the body in question counts for the purposes of paragraph (1)(c).

(5)

Subject to paragraph (6), a person who, on or after 1st August 1996, has passed the qualifying assessment to the rank in question prescribed by Scottish promotion regulations is qualified —

(a)

for promotion to the rank of sergeant if he has completed —

(i)

not less than one year’s service in that rank in a Scottish force, and

(ii)

his period of probation in that rank;

(b)

for promotion in the rank of inspector if he has completed one year’s service in that rank in a Scottish force.

(6)

Service in a rank on temporary promotion to it does not count for the purposes of paragraph (5).

(7)

In paragraphs F6(1), (2), (2A) and (2B) “qualifying assessment” means —

(a)

an examination held in accordance with Schedule 1;

(b)

an examination held in accordance with any previous regulations about promotion which have been made under F7section 50 of the Police Act 1996 F8... and which were in force at the time of the examination in question; and

(c)

an examination recognised under Schedule 2.

(8)

Schedule 1 (qualifying assessments) shall have effect.

(9)

Schedule 2 (recognition of certain promotion examinations) shall have effect.

4Selection for promotionI1

Subject to regulation 7, promotion from one rank to another rank shall be by selection.

5Period of probation for constable promoted to sergeantI1

(1)

Subject to paragraph (2), a member of a police force F1... who —

(a)

is promoted to, or

(b)

is qualified by virtue of regulation 3(5) for promotion to, and has been appointed to the force F2... in, the rank of sergeant shall be on probation in that rank for a period of one year or for such longer period as the chief officer of police F3... may determine in the circumstances of the particular case.

(2)

If the chief officer of police F4... considers that a person who is on probation in the rank of sergeant is unlikely to perform the duties of that rank satisfactorily he may reduce him to the rank of constable.

F5(3)

This regulation shall not apply to a person who is completing F6, or has completed, the work-based assessment under Part II F7... of the qualifying assessment.

6Temporary promotionI1

F1(1)

A member of a police force F2... who is required to perform the duties of a higher rank may, even if there is no vacancy for that rank, be promoted temporarily to it, but in the case of promotion to the rank of sergeant or inspector only if he is qualified for the promotion under regulation 3.

F3(2)

A member of a police force who is successful in the written paper under Part I of the qualifying assessment, and who has commenced the period of work-based assessment under Part II F4... of the qualifying assessment, shall, at the commencement of the work-based assessment, be temporarily promoted to the rank of sergeant or inspector as the case may be.

7High Potential Development SchemeF1

(1)

A constable who—

(a)

is qualified under regulation 3 for promotion to the rank of sergeant, and

(b)

is participating in the HPD scheme,

shall be promoted to the rank of sergeant as soon as the chief officer of police F2... determines that he is competent to perform the duties of a sergeant.

(2)

A sergeant who—

(a)

is qualified under regulation 3 for promotion to the rank of inspector and

(b)

is participating in the HPD scheme,

shall be promoted to the rank of inspector as soon as the chief officer of police F3... determines that he is competent to perform the duties of an inspector.

(3)

An inspector who is participating in the HPD scheme shall be promoted to the rank of chief inspector as soon as the chief officer of police F4... determines that he is competent to perform the duties of a chief inspector.

(4)

Promotion under paragraphs (1), (2) or (3)—

(a)

shall take place whether or not there is a vacancy for the rank in question, and

(b)

does not affect any existing or subsequent vacancy unless the person promoted is designated to fill it.

8RevocationsI1

The Regulations specified in Schedule 3 are hereby revoked.

Signature

Home Office

David Maclean

Minister of State

26th June 1996

1I1

(1)

The F1qualifying assessments for promotion to the ranks of sergeant or inspector are examinations in —

(a)

criminal law,

(b)

evidence and procedure in criminal courts,

(c)

traffic law,

(d)

general police duties, and

(e)

managerial competence,

held under arrangements and on syllabuses approved by or on behalf of the F2College of Policing.

(2)

Each of the qualifying assessments referred to in sub-paragraph (1) comprises —

(a)

Part I, consisting of a written paper, and

F3(b)

F4Part II, consisting of a work-based assessment.

F5(2A)

The Part II F6... work-based assessment shall consist of a period of a minimum of 12 months.

(3)

There shall be held in each year F7Part I of the qualifying assessments for promotion to the rank of inspector and, as the case may be, sergeant.

2F1

The College of Policing shall determine the standard to be achieved by a candidate in order to obtain a pass in any part of the qualifying assessments.

3F1

The College of Policing shall—

(a)

set and mark the written paper referred to in paragraph 1(2); and

(b)

set the criteria against which Part II is to be assessed.

4I1

The F1College of Policing shall secure that each chief officer of police F2... is notified —

(a)

of the dates on which it is proposed to hold, and the general arrangements for holding, F3Part I of each of the F4qualifying assessments referred to in paragraph 1(1),

(b)

of the closing dates for the submission to them of the names of candidates, and

F5(c)

in the case of a chief officer of police of the results in so far as they affect members of the police force of which he is chief officer F6....

5I1

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(1A)

Subject to sub-paragraphs F3(1B), (1C), (4) and (5), a constable F4... who has completed 2 years' service and his probationary service is eligible to take Part I of the qualifying assessment for promotion to the rank of sergeant F5....

F6(1B)

A constable who is participating in the HPD Scheme is eligible to take Part I of the qualifying assessment for promotion to the rank of sergeant.

F7(1C)

A constable participating in the FT Programme is eligible to take Part I of the qualifying assessment for promotion to the rank of sergeant.

(2)

Previous service, including probationary service, within regulation 3(3) or (4) counts for the purposes of sub-paragraph (1).

F8(2A)

A constable participating in the FT Programme is eligible to take Part I of the qualifying assessment for promotion to the rank of inspector.

F9(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3A)

Subject to sub-paragraphs F11(3B), (3C), (4) and (5), a member of a police force F12... who holds the rank of sergeant is eligible to take Part I of the qualifying assessment for promotion to the rank of inspector.

(3B)

Sub-paragraph (3A) does not apply to a member of a police force who holds the rank of sergeant on temporary promotion under regulation 6, unless the member is participating in the HPD Scheme.

F13(3C)

A sergeant participating in the FT Programme is eligible to take Part I of the qualifying assessment for promotion to the rank of inspector.

(4)

A member of a police force F14... who has at any time obtained a pass in an examination which at that time constituted, under regulations made under F15section 50 of the Police Act 1996 F16..., the F17qualifying assessment for promotion to the rank of either sergeant or inspector is not eligible to take Part I of the qualifying assessment for promotion to the rank in question.

(5)

F18A person, other than a person participating in the FT Programme, is not eligible without the leave of the F19College of Policing to take Part I of the qualifying assessment for promotion to the rank of sergeant or, as the case may be, inspector in any year if that person took Part I of that F20assessment in the immediately preceding year and failed to obtain a pass in it.

F21(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(7)

Part II F23... of the qualifying assessment may be taken by a constable participating in the FT Programme only if a pass has been obtained in Part I.

6I1

Notwithstanding that a candidate for a Part of a F1qualifying assessment referred to in paragraph 1(1) is eligible to take it, the F2College of Policing or persons acting on F3its behalf may exclude him, or in an appropriate case may treat him as having withdrawn, from taking that Part on a particular occasion if —

(a)

his candidature has not been submitted to the College of Policing before the closing date mentioned in paragraph 4(b), or

(b)

he fails to comply with the general or other arrangements made or approved by the College of Policing or persons acting on its behalf.

1I1

A member of a police force F1... who, while serving in a body specified in the first column of the Table in paragraph 4, —

(a)

has obtained a pass in an examination specified in relation to that body in the second column of that Table by means of an abbreviation which is defined in paragraph 2, and

(b)

where a condition specified in the third column of that Table by means of an abbreviation which is defined in paragraph 3 applies, has satisfied that condition,

shall be treated for the purposes of regulation 3 as having obtained a pass in the F2qualifying assessment for promotion to the rank in question while a member of a police force ....

2I1

In the second column of the Table —

  • Q(1) is the F1qualifying assessment for promotion in the body in question to the rank of sergeant or inspector;

  • Q(2) is a qualifying assessment for promotion to the rank of sergeant or inspector prescribed by Scottish promotion regulations;

  • Q(3) is an examination which at the time it was taken also constituted, under regulations made under F2section 50 of the Police Act 1996 F3..., the qualifying assessment for promotion to the rank of sergeant or inspector in a police force.

3I1

The conditions in the third column of the Table are —

  • C(1) the pass must have been obtained after 31st December 1982;

  • C(2) the pass must have been obtained during service that terminated with transfer to a police force by an order under section 30 of the Aviation Security Act 1982;

  • C(3) the examination must have comprised a written paper and practical tests;

  • C(4) the pass must have been obtained before 1st August 1996; and

  • F1C(5) the pass must have been obtained before 1st April 2015.

4I1

The following Table is that referred to in paragraphs 1 to 3:

BodyExaminationConditions
1. The Royal Ulster ConstabularyQ(1)—
2. The Isle of Man ConstabularyQ(1)C(1)
3. The British Airports Authority ConstabularyQ(1)C(2)
4. The States of Jersey PoliceQ(1)C(3)
5. A Scottish forceQ(2)C(4)
Q(3)—
6. The British Transport PoliceQ(2)C(4)
Q(3)—
7. The Port of Tilbury ConstabularyQ(3)—
8. The Port of Liverpool ConstabularyQ(3)—
9. The Royal Parks ConstabularyQ(3)—
10. The Ministry of Defence PoliceQ(3)—
11. The Dover Harbour Board PoliceQ(3)—
F112. A police force Q(3)C(5).

Schedule 3REVOCATIONSI1

Regulations revokedReferences
The Police (Promotion) Regulations 1979S.I.1979/991
The Police (Promotion) (Amendment) Regulations 1981S.I.1981/919
The Police (Promotion) (Amendment) Regulations 1982S.I.1982/1607
The Police (Promotion) (Amendment) Regulations 1984S.I.1984/1214
The Police (Promotion) (Amendment) Regulations 1985S.I.1985/1808
The Police (Promotion) (Amendment) Regulations 1991S.I.1991/1961

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the regulations revoked by regulation 8 and Schedule 3.

Regulation 2(2) has been amended to reflect amendments made by the Police and Magistrates' Courts Act 1994. Regulations 6 and 7(5)(a) have been amended because the Police Regulations 1995 no longer provide for the authorised establishment of a police force. Regulation 2(3) has been amended to add references to maternity leave in reckoning service.

Under regulation 3(4) probationary service in various constabularies counts as probationary service for the purposes of regulation 3(1). This provision has been changed by adding to the constabularies listed.

The drafting of Schedule 1 has been changed to refer to persons acting on behalf of the examinations board (and references to the examination agency accordingly omitted). Paragraph 5(5) of that Schedule imposes a new restriction on the circumstances in which a member of a police force can resit Part I of the qualifying examination.

Schedule 2 to the Regulations is amended to end the recognition of Scottish examinations for promotion to the rank of sergeant or inspector unless the examination had been passed before the coming into force of these Regulations. Schedule 2 has also been amended so that, where a member of the Royal Parks Constabulary, the States of Jersey Police, the Ministry of Defence Police or Dover Harbour Board Police has passed an examination which is the same as the examination for the time being constituting a qualifying examination under these Regulations (or the Regulations revoked by these Regulations), that examination is treated as a pass for the purposes of regulation 3 if that member subsequently becomes a member of a police force (within the meaning of the Police Act 1964).

Regulation 3(5) has been added to allow a person who has passed the Scottish examination after the coming into force of these Regulations and has served no less than a year in the rank in question in a Scottish force to qualify for promotion to that rank in an English force.