Regulation 37 Temporary salary

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

reg. 37(1) words substituted by Police Service of Northern Ireland 2002 reg. 11(1)
reg. 37(2) omitted by Police Service of Northern Ireland 2002 reg. 11(2)
reg. 37(4) words substituted by Police Service of Northern Ireland 2002 reg. 11(3)(a)
reg. 37(4) words substituted by Police Service of Northern Ireland 2002 reg. 11(3)(b)
reg. 37(6) words substituted by Police Service of Northern Ireland 2002 reg. 11(4)
reg. 37(6A) inserted by Police Service of Northern Ireland 2002 reg. 11(5)
reg. 37(3) words inserted by Police Service of Northern Ireland 2003 reg. 3(3)
reg. 37(4) words inserted by Police Service of Northern Ireland 2003 reg. 3(3)
reg. 37(4) words substituted by Police Service of Northern Ireland 2004 reg. 9

(1)

A member of the rank of assistant chief constable who is required, for a continuous period exceeding 7 days, to perform the duties normally performed by a member of the rank of deputy chief constable, otherwise (subject to paragraph (5)) than as the direct or indirect result of the absence of any member on a monthly or other leave day granted under regulation 27, shall be paid in respect of that period, other than the first 7 days thereof, at a rate, determined by the Secretary of State pursuant to paragraph 1(2) of Schedule 6, within the range specified for the rank of deputy chief constable in the relevant column of the table in paragraph 1 of that Schedule.

(2)

In relation to such a member as is mentioned in paragraph (1), “the relevant column” means—

(a)

in the case of a member who has been appointed in the rank of assistant chief constable under regulation 10, column 2, and

(b)

in the case of a member who has not been so appointed, column 3.

(3)

A member of the rank of superintendent who is required, for a continuous period exceeding 7 days, to perform the duties normally performed by a member of a rank higher than his own, otherwise (subject to paragraph (5)) than as the direct or indirect result of the absence of any member on a monthly or other leave day granted under regulation 27, shall be paid in respect of that period, other than the first 7 days thereof, at a rate equal to the rate of pay of the member in that higher rank.

(4)

A member of the rank of superintendent who is required for a continuous period exceeding 7 days to perform the duties normally performed by such a member whose pay under paragraph 2(3) of Schedule 6 is higher than his own, otherwise (subject to paragraph (2)) than as the direct or indirect result of the absence of any member on a monthly or other leave day granted under regulation 27, shall be paid in respect of that period, other than the first 7 days thereof, at a rate equal to the rate of pay of the member in that higher pay category.

(5)

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

(a)

monthly or other leave days granted under regulation 27, and

(b)

one or more annual leave days granted under regulation 30,

paragraphs (1) and (3) or (4) shall have effect as if the entire continuous period of absence were a period of annual leave.

(6)

Subject to paragraph (9), a member below the rank of superintendent who, in any year, has been required to perform the duties normally performed by a member of a rank higher 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.

(7)

Where a member—

(a)

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

(b)

is paid in respect of that day temporary salary under paragraph (6), 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 (6) to that member in the year mentioned in sub-paragraph (c).

(8)

Where—

(a)

a member below the rank of inspector is entitled to be paid under paragraph (6),

(b)

the higher rank is that of inspector or above, and

(c)

the day on which the member is required to perform the duties referred to in paragraph (6) is not a public holiday or rostered rest day,

there shall be no entitlement to an allowance or time off under regulation 24 in respect of such duties.

(9)

Paragraph (6) shall not apply where—

(a)

a member below the rank of inspector is required to perform the duties normally performed by a member of the rank of inspector or above, and

(b)

the day on which the member is so required to perform such duties is a public holiday or rostered rest day.

(10)

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

(11)

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