# The Police Regulations 1995, Regulation 10: Business interests incompatible with membership of a police force


(1) If a member of a police force or a relative included in his family proposes to have, or has, a business interest within the meaning of this regulation, the member shall forthwith give written notice of that interest to the chief officer of police unless that business interest was disclosed at the time of his appointment as a member of the force.
(2) On receipt of a notice given under paragraph (1), the chief officer of police shall determine whether or not the interest in question is compatible with the member concerned remaining a member of the force and, within 28 days of the receipt of that notice, shall notify the member in writing of his decision.
(3) Within 10 days of being notified of the chief officer’s decision as aforesaid, or within such longer period as the police authority may in all the circumstances allow, the member concerned may appeal to the police authority against that decision by sending written notice of his appeal to the police authority.
(4) Upon receipt of such notice, the police authority shall forthwith require the chief officer of police to submit to them, within the next following 10 days, a notice setting out the reasons for his decision and copies of any documents on which he relies in support of that decision; and the police authority shall send to the member concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.
(5) Where a member of a police force has appealed to the police authority under paragraph (3) the police authority shall, within 28 days of receiving his comments on the notice and any other documents submitted by the chief officer of police under paragraph (4), or of the expiration of the period afforded for making comments if none have by then been received, give him written notice of their determination of the appeal but, where they have upheld the decision of the chief officer of police and, within 10 days of being so notified or within such longer period as the police authority may in all the circumstances allow, the member makes written request to the police authority for the reference of the matter to the Secretary of State, the matter shall be so referred and, unless and until the determination of the police authority is confirmed by the Secretary of State, it shall be of no effect and in particular, no action in pursuance thereof shall be taken under paragraph (6).
(6) Where a member of a police force, or a relative included in his family, has a business interest within the meaning of this regulation which the chief officer of police has determined, under paragraph (2), to be incompatible with his remaining a member of the force and either the member has not appealed against that decision under paragraph (3) or, subject to paragraph (5), on such appeal, the police authority has upheld that decision, then, the chief officer of police may, subject to the approval of the police authority, dispense with the services of that member; and before giving such approval, the police authority shall give the member concerned an opportunity to make representations and shall consider any representations so made.
(7) For the purposes of this regulation, a member of a police force or, as the case may be, a relative included in his family, shall have a business interest if—
(a) the member holds any office or employment for hire or gain (otherwise than as a member of a police force) or carries on any business;
(b) a shop is kept or a like business carried on by the member’s spouse (not being separated from him) at any premises in the area of the police force in question or by any relative included in his family at the premises at which he resides; or
(c) the member, his spouse (not being separated from him) or any relative included in his family living with him holds, or possesses a pecuniary interest in, any such licence or permit as is mentioned in paragraph (8);
and a reference to a relative included in a member’s family shall include a reference to his spouse, parent, son, daughter, brother or sister.
(8) The licence or permit referred to in paragraph (7)(c) is a licence or permit granted in pursuance of the law relating to liquor licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question.
(9) If a member of a police force or a relative included in his family has a business interest within the meaning of this regulation and, on that interest being notified or disclosed as mentioned in paragraph (1), the chief officer of police has, by written notice, required the member to furnish particulars of such changes in that interest, as respects its nature, extent or otherwise, as may be mentioned in the notice then, in the event of any such change in that interest being proposed or occurring, this regulation shall have effect as though the changed interest were a newly proposed, or newly acquired, interest which has not been notified or disclosed as aforesaid.
(10) In its application to a chief constable or assistant chief constable, this regulation shall have effect as if—
(a) for any reference therein to the chief officer of police there were substituted a reference to the police authority;
(b) for any reference in paragraph (3), (5) or (6) to an appeal there were substituted a reference to a request for reconsideration; and
(c) the references in paragraph (6) to the approval of the police authority were omitted;
but a police authority shall not dispense with the services of a chief constable or assistant chief constable under this regulation without giving him an opportunity of making representations and shall consider any representations so made.
(11) In its application to a member of the metropolitan police force, this regulation shall have effect as if—
(a) for any reference to the chief officer of police there were substituted a reference to an assistant commissioner of police of the metropolis; and
(b) for any reference to the police authority there were substituted a reference to the commissioner of police of the metropolis;
except that nothing in this paragraph shall affect the power of the commissioner of police, subject to the approval of the police authority, to dispense with the services of a member of the metropolitan police force in pursuance of paragraph (6).

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Source: https://www.legislation.gov.uk/uksi/1995/215/regulation/10 (the official version)
Page: https://openlegislation.uk/police-regulations-1995/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.