Regulation 4 Amendment of the Special Constables Regulations 1965

After regulation 1 insert—

“Taking of fingerprints and samples prior to appointment

1ZA.

(1)

Where a candidate for appointment as a special constable is offered an appointment, the offer shall, unless the candidate is applying to transfer to the police area from another police area, be subject to the following conditions—

(a)

the candidate is required to have fingerprints and a sample taken;

(b)

the candidate must consent to the fingerprints and sample taken being the subject of a speculative search; and

(c)

the chief officer must be satisfied that the candidate is suitable for appointment following the results of the speculative search.

(2)

In a case to which paragraph (1) applies, the candidate shall notify the chief officer in writing whether the candidate consents—

(a)

to the taking of fingerprints and a sample; and

(b)

to such fingerprints and sample being the subject of a speculative search.

(3)

Where a candidate is appointed as a special constable, upon appointment—

(a)

any fingerprints taken under paragraph (1) shall be treated as if they had been taken under regulation 1A(1); and

(b)

any sample and any information derived from a sample taken under paragraph (1) shall be treated as if the sample had been taken under regulation 1B(1).

(4)

In this regulation—

• “sample” has the same meaning as in regulation 1B(5);

• “speculative search” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984^f1.

Business interests precluding appointment

1ZB.

(1)

A candidate is not eligible for appointment as a special constable if the candidate or a relative of the candidate has a business interest which is to be retained after appointment, unless the business interest is approved by the chief officer.

(2)

For the purposes of this regulation—

(a)

a person has a business interest if—

(i)

being a candidate for appointment as a special constable, the person holds any office or employment for hire or gain or carries on any business, or

(ii)

being a candidate for appointment as a special constable or a relative of a candidate, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question; and

(b)

“relative”, in relation to a candidate for appointment as a special constable, means—

(i)

a spouse or civil partner who is not separated from the candidate,

(ii)

a person living with the candidate as if they were the candidate’s spouse or civil partner, or

(iii)

a parent, son, daughter, brother or sister of the candidate,

who is included in the candidate’s family.

Business interests of special constables: general

1ZC.

(1)

Where, in the case of a special constable—

(a)

a business interest has been held by the appropriate officer to be incompatible with continued service as a special constable under regulation 1ZD; and

(b)

either—

(i)

no appeal has been made under regulation 1ZE, or

(ii)

such an appeal has been made and the chief officer has upheld the decision of the appropriate officer,

the decision of the appropriate officer shall be regarded as a lawful order for the purposes of the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008^f2 and, in the event of any failure to abide by the decision, those Regulations shall apply as though the appropriate authority had determined under regulation 19(4) of those Regulations that the special constable had a case to answer in respect of gross misconduct.

(2)

For the purposes of this regulation and regulations 1ZD and 1ZE a person has a business interest if—

(a)

being a special constable, the person holds any office or employment for hire or gain (otherwise than as a special constable) or carries on any business; or

(b)

being a special constable or a relative of a special constable, the person holds or possesses a pecuniary interest in a licence or permit granted in pursuance of the law relating to alcohol licensing, refreshment houses or betting and gaming or regulating places of entertainment in the police area in question.

(3)

Functions of the chief officer under this regulation and regulations 1ZD and 1ZE may be exercised only—

(a)

by the chief officer personally; or

(b)

by an acting chief officer.

(4)

A special constable may choose—

(a)

another special constable;

(b)

a member of a police force;

(c)

a police staff member, or

(d)

a person nominated by the member’s staff association,

who is not otherwise involved in the matter to act as the special constable’s police friend in relation to the procedures set out in regulations 1ZD and 1ZE.

(5)

A police friend may—

(a)

advise the special constable concerned throughout the procedures set out in regulations 1ZD and 1ZE;

(b)

accompany the special constable concerned to any meeting held under regulation 1ZD or 1ZE; and

(c)

make representations on the special constable’s behalf at any such meeting,

and a chief officer shall permit a police friend who is under the chief officer’s direction and control to use a reasonable amount of duty time for these purposes.

(6)

In this regulation and regulations 1ZD and 1ZE—

• “acting chief officer” means—

  1. (a)

     a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011^f3;

  2. (b)

     a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or

  3. (c)

     a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839^f4;

• “appropriate officer” means a person serving in the part of the police force responsible for the maintenance of standards of professional behaviour who has been authorised by the chief officer to exercise functions under regulation 1ZD;

• “police staff member” means—

  1. (a)

     a member of the civilian staff of a police force (within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011); or

  2. (b)

     an employee of the Common Council of the City of London who is under the direction and control of the Commissioner of the City of London Police;

• “relative”, in relation to a special constable, means—

  1. (a)

     a spouse or civil partner who is not separated from the special constable;

  2. (b)

     a person living with the special constable as if they were the special constable’s spouse or civil partner; or

  3. (c)

     a parent, son, daughter, brother or sister of the special constable,

who is included in the special constable’s family.

Business interests of special constables: notification and determination

1ZD.

(1)

If a special constable—

(a)

has or proposes to have a business interest which has not previously been disclosed; or

(b)

is or becomes aware that a relative has or proposes to have a business interest which, in the opinion of the special constable, interferes or could be seen as interfering with the impartial discharge of the special constable’s duties and has not previously been disclosed,

the special constable shall immediately give written notice of that business interest to the chief officer.

(2)

On receipt of a notice given under paragraph (1), the chief officer shall direct the appropriate officer to decide whether or not the business interest is compatible with the special constable concerned remaining a special constable.

(3)

In deciding whether the business interest is compatible with the special constable concerned remaining a special constable, the appropriate officer shall have regard to whether, as a result of the business interest, the special constable’s conduct fails or would fail to meet the standards of professional behaviour set out in the Schedule to the Police (Conduct) Regulations 2008.

(4)

Where the appropriate officer is minded to decide that the business interest is not compatible with the special constable concerned remaining a special constable, or is not so compatible unless conditions are imposed, the appropriate officer shall—

(a)

notify the special constable in writing of this preliminary view and the reasons for it;

(b)

give the special constable the opportunity to make representations in writing, at a meeting, or both, at the discretion of the special constable; and

(c)

take any such representations into account.

(5)

Whether or not notification is given under paragraph (4), the appropriate officer shall, within 28 days of receipt of the notice given under paragraph (1), notify the special constable concerned in writing of the appropriate officer’s decision in relation to the business interest.

(6)

Where the decision is that the business interest is compatible with the special constable concerned remaining a special constable, the notification under paragraph (5) may include a requirement for the special constable to furnish particulars of changes in the business interest, as respects its nature, extent or otherwise.

(7)

Where the decision is that the business interest is not compatible with the special constable concerned remaining a special constable, or is not so compatible unless conditions are imposed, the notification under paragraph (5) shall—

(a)

include a statement of the reasons for the decision;

(b)

be accompanied by copies of any document on which the appropriate officer relies in support of the decision, and

(c)

inform the special constable of the existence of the right of appeal under regulation 1ZE.

(8)

Where a special constable is required to furnish particulars of changes in a business interest under paragraph (6), then in the event of any such change being proposed or occurring this regulation shall have effect as though the changed business interest were a newly proposed or newly acquired business interest.

Business interests of special constables: appeal

1ZE.

(1)

Within 10 days of being notified of an appropriate officer’s decision under regulation 1ZD(5), or within such longer period as the chief officer may in all the circumstances allow, a special constable may appeal against that decision by sending written notice to the chief officer.

(2)

On receiving notice of appeal under paragraph (1) the chief officer shall—

(a)

give the special constable the opportunity to make representations in writing, at a meeting, or both, at the discretion of the special constable; and

(b)

take any such representations into account.

(3)

The chief officer shall decide the appeal unless it appears to the chief officer that—

(a)

the special constable has adduced substantive reasons why he should be permitted to have the business interest, or why conditions should not be imposed, which were not considered by the appropriate officer; or

(b)

the appropriate officer failed to apply fair procedures,

in which case the chief officer may direct the appropriate officer to decide the matter again under regulation 1ZD.

(4)

Subject to paragraph (5), the chief officer shall, within 28 days of receipt of the notice of appeal under paragraph (1), notify the special constable concerned in writing of the outcome of the appeal and provide a statement of the reasons for the decision.

(5)

The chief officer may extend the period specified in paragraph (4), where the chief officer considers that it would be in the interests of justice to do so.

(6)

Where the chief officer decides to extend the period under paragraph (5), the chief officer shall provide written notification of the reasons for that decision to the special constable concerned.”