Explanatory note

These Regulations amend the Special Constables Regulations 1965 (“the 1965 Regulations”).

Section 82 of the Police Reform Act 2002 (c. 30) (“the 2002 Act”) removes the restrictions on the nationality of persons who could be appointed as a special constable. Section 82(4) of the 2002 Act obliged the Secretary of State to make regulations dealing with requirements in respect of a candidate for appointment’s competence in written and spoken English and immigration status.

Regulation 1 of the 1965 Regulations sets out the qualifications for appointment as a special constable. Regulation 2(2) of these Regulations substitutes a new regulation 1 by requiring candidates for appointment to pass assessments in written and spoken English, and numeracy. The assessments are determined by the chief officer of police. Candidates who are not nationals of a member state of the European Economic Area must have indefinite leave to enter or remain in the United Kingdom. The minimum age for appointment as a special constable is raised from 18 years to 18½ years to be consistent with the minimum age for appointment as a regular constable.

Regulation 2(3) allows for a Special Constables' Allowance, which can be determined by the police authority following a recommendation from the chief officer of police and with the Secretary of State’s approval, to be paid to special constables appointed for the authority’s area. This replaces the bounty scheme for special constables established by the Special Constables (Amendment) Regulations 1992, which are revoked by regulation 3.