OpenLegislation

Paragraph 7

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

  • Sch 1, para 1 am (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (5)
  • Sch 1, para 4 am (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (6)
  • Sch 1, para 4A added (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (7)
  • Sch 1, paras 5, 6 am (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (8), (9)
  • Sch 1, para 7 am (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (10)(a)–(c)
  • Sch 1, para 7 am (retrosp) (to 1.7.1992) by Police 2001 regs 1(2)(a), 2(4), (10)(d)
  • Sch 1, para 10 rev (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (11)
  • Sch 1, para 14 am (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (12)
  • Sch 1, para 15 subst (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (13)
  • Sch 1, para 17 rev (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (14)
  • Sch 1, para 25 rev (retrosp) (to 1.9.1998) by Police 2001 regs 1(2)(a), 2(4), (15)
  • Sch. 1 para. 7 word inserted by Police 2000 reg. 8(2)
  • Sch. 1 para. 14(a) words substituted by Police 2000 reg. 8(3)(a)
  • Sch. 1 para. 14(b) words substituted by Police 2000 reg. 8(3)(b)
  • Sch.1, para.12 revoked by Police 1996 reg.9(1)
  • Sch.1, para.16A added by Police 1996 reg.9(2)
  • Sch.1, para.2(b) rev. in pt. by Police 1995 reg.14(1)
  • Sch.1, para.14 amended by Police 2000 reg 8(3)

In regulation 29 (public holidays and rest days for ranks below inspector)—

(a)

in paragraph (4) for the words “a day’s pay”substitute “the member’s hourly rate of pay calculated in accordance with regulation 39(1)”;

(b)

in paragraph (5)—

(i)

for the words “one sixteenth”substitute “one quarter”, and

(ii)

for the words “three sixty-fourths”substitute “one eighth”;

(c)

after paragraph (5) insert—

“(5A)

A member who—

(a)

is required to do duty on a free day, and

(b)

receives less than 15 days' notice of the requirement,

shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.

(5B)

This paragraph applies where—

(a)

a member is required to do duty on a free day, and

(b)

he receives less than 15 days' notice of the requirement, and

(c)

the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to be done by any other member.

(5C)

Where paragraph (5B) applies—

(a)

if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (6)(a) or (b) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed period of 15 minutes of duty done on the free day, and

(b)

in any other case, he is entitled to time off equal to the total length of those periods.

(5D)

Where—

(a)

a member is required to do duty on a free day, and

(b)

he receives less than 15 days' notice of the requirement,

but paragraph (5C) does not apply, he is entitled to an allowance at the appropriate rest-day rate.”;

(d)

after paragraph (7) insert—

“(7A)

A member who is required to do duty on a free day may within 28 days of that day elect to receive—

(a)

in lieu of an allowance under paragraph (5C)(a), time off equal to one and one third times, and

(b)

in lieu of an allowance under paragraph (5D), time off equal to one and a half times,

the period of completed quarters of an hour of duty done on the free day.”;

(e)

in paragraph (8)—

(i)

after the words “rostered rest day”insert “or on a free day”,

(ii)

after the words “paragraph (7)”insert “or (7A)”,

(iii)

after the words “as the case may be,”insert “paragraph (5C) or (5D) or”; and

(f)

in paragraph (9)—

(i)

for sub-paragraph (b) substitute—

“(b)

“the appropriate rate”is, for each completed 15 minutes of duty done on a public holiday, one quarter of the member’s hourly rate of pay calculated in accordance with regulation 39(1);”;

(ii)

omit sub-paragraph (c), and

(iii)

in sub-paragraphs (f) and (g) after the words “rostered rest day”, wherever occurring, insert “or a free day”and in sub-paragraph (f) for the words “a normal daily period of duty”substitute “a rostered shift”;

(g)

in paragraph (10) after the words “rostered rest day”, wherever occurring, insert “or a free day”; and

(h)

after paragraph (10) insert—

“(11)

For the purposes of regulation 39(1) (pay)—

(a)

a day’s leave allowed under paragraph (2) and a day off granted under paragraph (4)(a) or under paragraph (10) in respect of a public holiday each count as a period of duty of 8 hours multiplied by the appropriate factor, and

(b)

so much of any time off granted under paragraph (7A) or (8) as exceeds the time spent on duty on the public holiday, rest day or free day counts as time spent on duty.”.