Regulation 13 Discharge of probationer
England and Wales
Subject to the provisions of this regulation, during his period of probation in the force F1the services of a constable F2, special constable, F3DE inspector, DE superintendent or rejoiner member may be dispensed with at any time if the chief officer considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to F4be an efficient or F5well conducted constable , special constable, DE inspector, DE superintendent or rejoiner member.
A F8constable’s F9, special constable’s, F10 DE inspector’s, DE superintendent’s or rejoiner member’s services shall not be dispensed with in accordance with this regulation and any notice given for the purposes thereof shall cease to have effect if he gives written notice to the F11local policing body of his intention to retire and retires in pursuance of the said notice on or before the date on which his services would otherwise be dispensed with; and such a notice taking effect on that date shall be accepted by the local policing body notwithstanding that less than a month’s notice is given.
Where a F12constable, F13DE inspector, DE superintendent or rejoiner member has received a notice under this regulation that his services are to be dispensed with and he gives written notice of his intention to retire and retires under paragraph (3), he shall nevertheless be entitled to receive pay up to and until the date on which the month’s notice he has received would have expired or where he has received or is due to receive a month’s pay in lieu of notice he shall remain entitled to that pay notwithstanding the notice he has given under paragraph (3).
Subject to paragraph (6), a chief officer may delegate their functions under paragraph (1) to a—
senior officer;
former senior officer, who last served as a senior officer no more than five years before the date on which any functions under this regulation are to be delegated to them, or
police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to a senior officer.
Paragraph (5) does not apply to the function of dispensing with the services of a rejoiner member who is a senior officer.
In this regulation—
“senior officer” means a member of a police force holding a rank above that of chief superintendent or who is required to perform the duties normally performed by a member of a police force holding a rank above that of chief superintendent;
“former senior officer” includes a person who, at the time they ceased to be a member of a police force, was required to perform the duties normally performed by a member of a police force holding a rank above that of chief superintendent.
Annotations
Textual amendments
- F1
Words in reg. 13(1) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(a)(i)
- F2
Words in reg. 13(1) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 4(2)(a)
- F3
Words in reg. 13(1) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(a)
- F4
Word in reg. 13(1) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 4(2)(b)
- F5
Words in reg. 13(1) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(a)(ii)
- F6
Words in reg. 13(2) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(b)
- F7
Words in reg. 13(2) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(a)
- F8
Words in reg. 13(3) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(c)
- F9
Words in reg. 13(3) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 4(3)
- F10
Words in reg. 13(3) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(b)
- F11
Words in reg. 13(3) substituted (16.1.2012 in relation to the Metropolitan police district; 22.11.2012 in relation to the other police areas in E.W.) by The Police (Amendment) Regulations 2011 (S.I. 2011/3026), regs. 1(1), 4(2)(i)
- F12
Words in reg. 13(4) substituted (19.8.2016) by The Police (Amendment) Regulations 2016 (S.I. 2016/798), regs. 1, 6(d)
- F13
Words in reg. 13(4) substituted (22.2.2019) by The Police (Amendment) Regulations 2018 (S.I. 2018/1191), regs. 1, 6(a)
- F14
Reg. 13(5)-(7) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 4(4)