Regulation 40 Temporary salary

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

reg 40 am (retrosp) (to 22.7.1998) by Police 2001 regs 1(2)(b), 3
reg 40 am (1.1.2002) by Criminal Justice and Police Act 2001 (Police Ranks) 2001 reg 3(1), (14), (15)
reg.40(1) amended by Police 1996 reg.6(2)
reg.40(1A) added by Police 1996 reg.6(3)
reg.40(2)(3)(4)(a) amended by Police 1996 reg.6(4)-(6)
reg.40(1)(3) amended by Police 1995 reg.4(2)(3)(a)
reg.40(3) rev. in pt. by Police 1995 reg.4(3)(b)
reg.40(3A)(3B) added by Police 1995 reg.4(4)
reg.40(6) amended by Police 1995 reg.4(5)

(1)

A member of a police force of the rank of superintendent who is required for a continuous period exceeding 7 days to perform duties normally performed by a member of the force of a higher rank than his own, otherwise (subject to paragraph (2)) than as the direct or indirect result of the absence of any member of the force on a monthly or other leave day granted under regulation 31, shall be paid in respect of that period, other than the first 7 days thereof, at a rate equal to the lowest rate of pay for that higher rank.

(2)

Where any member of the force is absent for a continuous period comprising both—

(a)

monthly or other leave days granted under regulation 31, and

(b)

one or more annual leave days granted under regulation 34,

paragraph (1) shall have effect as if the entire continuous period of absence were a period of annual leave.

(3)

A member of a police force below the rank of superintendent who, in any year, has been required to perform duties normally performed by a member of the force of a higher rank than his own for 14 complete days shall be paid in respect of each further complete day in that year on which he is required to perform such duties at a rate equal to the lowest rate of pay to which he would be entitled on promotion to the higher rank:

Provided that where a member is entitled to be paid under this paragraph and the higher rank is that of superintendent or above there shall be no entitlement to an allowance, or time off, under regulation 28 or 29 in respect of such duties; but where in such a case the member is required to do duty on a public holiday or rostered rest day, he shall be granted a day’s leave for each such day.

(4)

Where a member of a police force—

(a)

on his last scheduled working day in any year is required to perform duties normally performed by a member of the force of a higher rank than his own, and

(b)

is paid in respect of that day a temporary salary under paragraph (3), and

(c)

on his first scheduled working day of the next following year continues for the complete day to perform such duties,

he shall be paid, in respect of the day mentioned in sub-paragraph (c) and any following complete day which together therewith forms a continuous period when he is required to perform such duties, as if that day or days had formed part of the year mentioned in sub-paragraph (a):

Provided that the said day or days shall be disregarded for the purposes of the application of paragraph (3) to that member in the year mentioned in sub-paragraph (c).

(5)

For the purposes of this regulation “year”means a period of 12 months beginning on 1st April.

(6)

For the purposes of this regulation, “day”means, in relation to a member of a police force below the rank of superintendent, his normal daily period of duty.