This document is also available in PDF format

Date Issued: 31 March 2003

Topic: Terms and Conditions

Implementation: 1 April 2003

Impact: Immediate

Contact(s) for more information: Phil Burns (Tel:0131 244 2160)
(at the above address)

Dear Colleague

Purpose of the circular: To convey Scottish Ministers' endorsement of the agreement reached in the Police Negotiating Board on the police pay and conditions package.

This Circular authorises implementation from 1 April 2003 of most aspects of the agreement reached in the Police Negotiating Board on the police pay and conditions package which was the subject of PNB Circular 02/9 (Advisory) and its subsequent addenda.

The only exceptions, ie those provisions of the PNB agreement which have not yet been implemented in Scotland, are:

· The recommendation (PNB agreement item 6.1(c) and 6.2) to transfer a number of Regulations into legally enforceable Determinations by the Scottish Ministers. The Scottish Executive intends in due course to make a similar series of Regulations and Determinations to those recently made by Home Office Ministers for England and Wales.

· The roll-out of a scheme to encourage officers to continue in service beyond 30 years (PNB agreement item 7). This scheme is currently being piloted in England and Wales.

· Improvements to the management of ill-health (PNB agreement item 8). There will be further consultation in Scotland on these issues before Scottish Regulations are amended.

The implementation from 1 April 2003 of the other aspects of the pay agreement is provided for by:

· The Police (Scotland) Amendment (No 2) Regulations 2003 (SSI 2003/220) which provide for those parts of the agreement which require changes to regulations which cannot be backdated;

· A new determination to reduce the rates of plain clothes allowance (copy attached); and

· This circular.

Where further changes to Regulations are required to bring the pay changes into effect, these will be backdated to 1 April 2003.

Amendments have been made to Regulations to allow implementation from 1 April 2003 of the following changes to allowances:

· The reduction of the threshold for triggering the higher rate of compensation for working on a rostered rest day;

· The application of the post-Sheehy "disregard" of casual overtime to time-off as well as to paid overtime compensation;

· The requirement for duty rosters covering at least three months to be published locally;

· The removal of the minimum requirement for part-time working and the requirement for job sharing in respect of middle and senior ranks;

· The revised arrangements for food and accommodation expenses;

· The replacement of removal allowance with a reimbursement system based on claims for reasonable expenses;

· The removal of frozen undermanning allowances; and

· The removal of the regulation that allows for Scottish Ministers to pay an allowance for recurring escort duty or other specific duties involving recurring retention on duty beyond the normal daily period and not paid by any other payment. Forces are invited to seek approval from Scottish Ministers under Regulation 40 to continue payment to those officers currently in receipt of this allowance.

Copies of Scottish Statutory Instrument 2003 No. 220 will be forwarded as soon as they are available.

This circular also specifically advises police authorities that the following are no longer payable:

· firearms' users standby allowance; and

· the gratuity for fingerprinting and searching decomposed bodies.

In addition to the above changes, the improvements in overtime management will also take effect from 1 April 2003. Guidance for this scheme in Scotland was set out in PNB Circular 02/18. Further to that guidance, agreement has been reached between the Executive, COSLA, ACPOS, ASPS and the SPF to exclude from the measured overtime the following categories, in most cases because the demands are largely out of the control of the force:

· double time premium payments for officers rostered to work on public holidays;

· overtime payments to officers on secondment;

· court overtime to meet the demands of the Scottish Criminal Justice system (whether or not evidence is required and including overtime incurred where a court appearance has been cancelled);

· overtime working arising from major incidents including, for example, substantial missing person searches, major crime investigations, fatal traffic accident investigations, offshore incidents and firearms or negotiator incidents;

· Royalty and VIP protection;

· custody escorting;

· policing of football matches; and

· backfilling for any of the above.

Attached for information are:

· A copy of PNB Circular 02/9 (Advisory); and

· Determination on the rates of plain clothes allowance for the period 1 April 2003 to 31 March 2004.

A copy of this circular is enclosed for the Director of Finance in the police authority. Copies have also been sent to the Convention of Scottish Local Authorities, the police associations and the Accounts Commission.

The attached Appendix sets out for convenience all circulars issued in 2003.

Bill Barron
Police Division

AGREEMENT REACHED IN THE POLICE NEGOTIATING BOARD

1. A PNB agreement has been reached on a police pay and conditions

package. Details are set out in the attached memorandum.

2. This agreement requires amendment to police regulations or specific authorisation by home department circular and any approved changes will be promulgated in due course in Home Office, Scottish Executive Justice Department and Northern Ireland Office circulars. This PNB circular is purely advisory and does not confer authority* to implement the agreement.

3. Any inquiries should be addressed to the Independent Secretariat at the Office of Manpower Economics ( 020 7467 7218 or to the Official Side Secretary ( 020 7296 6722 or to the Staff Side Secretary ( 020 8399 2224. Enquiries to the Independent Secretariat relating to the interpretation of this circular should, where possible, be sent in writing.

28 May 2002

* PNB Circulars form a single numerical series. Those which in themselves provide authority to implement an agreement carry the serial number alone, while those which are purely advisory are designated as such after the serial number.

MEMORANDUM

The following agreement reached in the Police Negotiating Board is submitted for the approval of the Secretary of State for the Home Department, the Scottish Ministers and the Secretary of State for Northern Ireland.

At its meeting on the 9 May 2002 the Police Negotiating Board reached an

agreement on a police pay and conditions package.

The full text of the agreement is attached as Annex A to the circular.

The agreed assimilation procedure for dealing with the new pay scales is

attached as Annex B.

Annex A

POLICE PAY AND CONDITIONS

9 May 2002

1 STATUS

1.1 This package has been negotiated by the Official and Staff Sides of the Police Negotiating Board, having regard to the Home Secretary's Outcomes Paper of 24 October 2001.

1.2 This agreement is subject to the proviso that sufficient new money is available to all police authorities, including in Scotland and Northern Ireland, to cover the net costs of this package.

1.3 It is recognised that certain items in this agreement (sections 4, 6, 7 and 8) also need to be referred to the relevant PABs. The appropriate constituent parts of the Sides agree to pursue these expeditiously within timetables to be agreed and to a successful conclusion within these bodies, in accordance with the principles set out in the relevant sections of this agreement.

1.4 This document is structured in accordance with the Home Secretary's Outcomes Paper of 24 October 2001.

2 INCREASING THE REWARDS AVAILABLE TO EXPERIENCED PROFESSIONAL OFFICERS

2.1 Each member of the federated ranks will have access to a competence-related threshold payment of £1,002 a year (pensionable) once they have served for a year at the maximum of their pay scale, and subject to satisfying the requirements of the scheme. It is anticipated that at least 75% of those eligible will be successful in accessing the threshold payment.

2.2 The outlines of the threshold scheme are at APPENDIX A. The Federated Ranks Committee will agree the details, including guidance for forces, by 30 September 2002, with a view to the first payments being made from 1 April 2003.

2.3 The pay scales for the federated ranks will be shortened as in APPENDIX B, subject to a minimum increase of £402 per point, with effect from 1 April 2003.

2.4 These pay scales will, as at present, be uprated on 1 September annually in line with the agreed pay indexation arrangements.

3 ACHIEVING GREATER FLEXIBILITY AND TARGETED REWARDS IN THE PAY SYSTEM

3.1 A scheme for Special Priority Payments will operate in each force, as at APPENDIX C. This scheme will be targeted on front line/operational officers in particular.

3.2 Payments under this scheme to individuals will not be less than £500 a year or more than £3,000 a year normally, although exceptionally, payments of up to £5,000 a year may be made. They will be taxable but not pensionable and will be paid as a single lump sum in December. For those officers who qualify, the first payments will be made in December 2003 and then annually each December thereafter. The PNB expects that no less than 20% of force strength will benefit from this scheme and no more than 30%, save in exceptional circumstances. The payments will be pro rata in the case of a postholder who has been in a qualifying post for less than the calendar year.

3.3 In the first year at least an additional 1% of the force's annual basic paybill for ranks below chief officers will be spent on this scheme; in the second year at least 1½% and in the third year, and thereafter, at least 2%. Funding will be provided centrally to meet these minimum costs.

3.4 A separate scheme for bonus payments of between £50 and £500 per head to recognise occasional work of an outstandingly unpleasant, demanding or important nature will be introduced from 1 April 2003, in accordance with the provisions of APPENDIX D. These payments will be taxable but not pensionable. Arrangements will be developed in local consultation with the staff associations.

4 ALLOWING MORE FLEXIBLE DEPLOYMENT OF OFFICERS AND MORE FLEXIBLE WORKING PATTERNS

4.1 The PNB agrees that the management of working time needs to respect both the work/life balance needs of police officers and the service's operational needs within the context of the Working Time Regulations.

4.2 The changes in this agreement make possible better and more flexible use of manpower in a number of ways, for example, annual rostering arrangements. Additionally, the service can look towards improvements from reducing bureaucracy, which often creates overtime commitments. Recognising that the tactical and contingent uses of overtime are sometimes valuable and necessary, there is still room to manage down the total figure against overtime commitments having little tactical or operational value. The increasing strength of the service in most of the United Kingdom also provides a good opportunity for improvements in the management of working time.

4.3 Accordingly, and in the light of all these considerations, there will be a service-wide target of a 15% reduction in the overall overtime bill over the three years starting 2003/4. The baseline will be set following consultation with the Audit Commission *.

4.4 The service-wide target will be focused locally. Each police authority and chief constable will set its own force target, in consultation with the Inspectorate. Local targets will normally be at least 15% unless the police authority and chief constable can show, to the satisfaction of the Inspectorate, that they have taken effective action between 2000/01 and 2002/03 to reduce their overtime bill, in which case a target of 10% would be the norm, save in exceptional circumstances such as where a substantial reduction in the availability of operational resource means a lower target than 10% should be set (as in 4.6 below). Each force and police authority will set interim indicative targets in agreement with the Inspectorate. Police authorities and chief constables will also consult the local staff associations.

4.5 The increased strength of the police service will deliver increased officer operational availability. The scheme for managing down overtime will be complemented by the efficient and effective deployment of officers. The Inspectorate will, therefore, also track increased officer operational availability using the existing BVPI on measuring the percentage of police officers in operational posts and by any refinements to that indicator which more accurately reflect the availability of officers in serving the public. Thus, the Inspectorate will monitor both the increased availability of officers for frontline duties and the managing down of overtime.

4.6 The Inspectorate will monitor performance against interim targets, taking into account force strength, unforeseen major incidents and new requirements, as part of their regular reviews of forces' efficiency savings . Forces will be able to score good performance against the targets as part of their 2% efficiency savings.

4.7 From 2004/5, forces should be able to keep any savings achieved through meeting the interim targets. Retention of the savings would be dependent on achieving the improved visibility and availability as outlined above, which will allow opportunities for increasing establishment or other initiatives designed to generate greater visibility or availability. This will be monitored by the Inspectorate.

4.8 Detailed guidance to forces will be produced by a PNB working group by the end of October 2002. Guidance will also be issued to police authorities in respect of their scrutiny role. The service-wide target will be included in the national policing plan. Local targets will be included in local policing plans.

4.9 From 1 April 2003 the present eight day threshold for triggering the higher rate of compensation for working on a rostered rest day will be reduced to five days. The current fifteen day trigger point will not be changed.

4.10 The rules will be amended from 1 April 2003 so that the post-Sheehy "disregard" of casual overtime of up to half an hour up to four times a week applies to time-off as well as to paid overtime compensation.

4.11 Duty rosters covering at least 3 months will be drawn up and published locally by force management, after full consultation with the JBB. At the same time, PNB recognises that it is good practice to plan annual leave up to a year in advance, in the interests of both officers and managers.

4.12 The 16 hour a week minimum requirement for part-time working will be removed as soon as practicable; as will the requirement for job sharing in respect of middle and senior ranks.

4.13 The position of part time probationers will be given further consideration.

5 RATIONALISING THE SYSTEM OF ALLOWANCES

5.1 The following allowances will be maintained:

· Rent, housing and replacement allowances

· London weighting and London allowance

· South East allowances

· Dog handlers' allowances

· Motor vehicle allowances

· Allowance in respect of medical charges arising from injuries incurred on duty

· PSNI allowance. *

5.2 Plain clothes allowance will be halved from 1 April 2003 and discontinued from 1 April 2004.

5.3 Subsistence, refreshment and lodging allowances will be discontinued from 1 April 2003. Instead officers will be reimbursed expenditure incurred in the course of duty provided it is:

(a) necessary;

(b) reasonable;

(c)

additional to what the officer would otherwise have incurred; and

(d) backed by a receipt.

5.4 Removal allowance will be discontinued from 1 April 2003. Instead officers who are required to move will be reimbursed for associated expenditure provided it is necessary, reasonable and backed by receipts.

5.5 Frozen undermanning allowances will be discontinued from 1 April 2003.

5.6 Firearms' users standby allowance and gratuity for fingerprinting and searching badly decomposed bodies will be discontinued from 1 April 2003. The first of these allowances will be eligible for payment under the Special Priority Payments scheme (see paragraph 3.1 - 3.3). Where the gratuity would have been paid, a bonus payment (paragraph 3.4) may be appropriate.

5.7 The recurring escort duty allowance will be discontinued from 1 April 2003. Instead those posts receiving this allowance will continue to be paid the same amount under Regulation 50 (and equivalent Regulations in Scotland and Northern Ireland).

6 SIMPLIFYING THE SYSTEM OF REGULATIONS AND DETERMINATIONS

6.1 APPENDIX E lists:

(a) those Regulations which it is agreed should be retained;

(b) those Regulations which it is agreed should be deleted;

(c) those Regulations which it is agreed should become legally enforceable Determinations by the Secretary of State, underpinned by sufficient safeguards in and linked to a substantive Regulation.

6.2 A working party of the PNB will agree during 2002 on the details of translating each existing regulation listed in Part (c) of Appendix E into a legally enforceable determination by the Secretary of State and an underpinning substantive regulation.

7 ENCOURAGING OFFICERS TO STAY ON BEYOND 30 YEARS

7.1 APPENDIX F outlines a scheme designed to encourage officers to continue in service beyond 30 years, subject to the agreement of both the individual and force management, in the context of a scheme authorised by the police authority. The scheme's objectives are as follows:

· to help ease possible recruitment shortfalls and help police numbers to rise to, and be sustained at, a higher level;

· to smooth out recruitment bulges and, by the same token, help to avoid corresponding retirement bulges in future;

· to help retain much needed skills and experience in the service.

7.2 Subject to Treasury approval, and detailed agreement between the Sides, the next step will be to set up a pilot scheme in at least one force as soon as possible in order to identify likely take-up and to establish the business case for rolling the scheme out across the UK from April 2003 onwards.

8 IMPROVING THE MANAGEMENT OF ILL-HEALTH

8.1 The key objectives in the management of ill-health are:

· to ensure that personnel practices in forces and the pensions regulations combine to ensure that fair and effective decisions are taken on poor attendance and ill-health retirements;

· to ensure that, where possible, police officers are rehabilitated for duty rather than retired on ill-health grounds;

· to ensure that there is greater consistency in decision making practice between forces.

8.2 APPENDIX G sets out agreed principles to achieve these objectives. A working party of the PNB will agree during 2002 detailed amendments and additions to regulations and guidance that reflect these principles.

8.3 The PNB notes the possibility of the need to review injury awards should the current government review of such awards in the public sector make recommendations for change.

9 CONCLUSION

9.1 This package was agreed at the Police Negotiating Board on 9 May 2002, and is now submitted as a formal recommendation to the Home Secretary, the Secretary of State for Northern Ireland, and to Scottish Ministers.

APPENDICES

A THRESHOLD PAYMENT SCHEME

1. For the federated ranks, there will be an additional competence related payment of £1,002 a year beyond the existing scale maxima. This will be uprated (in line with the median of OME's survey of private sector non-manual total pay settlements) from 1 September 2004 and annually thereafter. It will be pensionable, taxable and paid monthly.

2. Access to the payments will depend on the individual demonstrating high professional competence under each of the following broad headings:

· Professional competence and results

· Commitment to the job

· Relations with the public and colleagues

· Willingness to learn and adjust to new circumstances.

3. The Federated Ranks Committee will agree the details, including guidance for forces, by 30 September 2002, with a view to the first payments being made from 1 April 2003.

B NEW PAY SCALES

1. New pay scales alongside existing scales are shown below (see paras 3-7). Effective dates for assimilation are as shown in the tables below.

2. The proposed scales will be uprated in the September 2002 pay review in line with the median of OME's survey of private sector non-manual total pay settlements and annually thereafter.

3. CONSTABLES' PAY SCALE

*Officers who have been on this point for a year will have access to the competence related threshold payment of £1,002 a year.

4 SERGEANTS' PAY SCALE

*Officers who have been on this point for a year will have access to the competence related threshold payment of £1,002 a year.

5 INSPECTORS' PAY SCALE

(London salaries in brackets)

*Officers who have been on this point for a year will have access to the competence related threshold payment of £1,002 a year.

6 CHIEF INSPECTORS' PAY SCALE

(London salaries in brackets)

*Officers who have been on this point for a year will have access to the competence related threshold payment of £1,002 a year.

7 CHIEF INSPECTORS IN POST AT 31 AUGUST 1994

(London salaries in brackets)

*Officers on this point will have access to the competence related threshold payment of £1,002 a year.

C SPECIAL PRIORITY PAYMENTS

1. Police authorities and chief constables will agree, in consultation with the appropriate staff associations, a local scheme of payments in line with the criteria below and having regard to any guidance from the Home Secretary, Scottish or Northern Ireland Ministers, as appropriate.

2. In the first year at least an additional 1% of the force's annual basic paybill for ranks below chief officers will be spent on this scheme; in the second year at least 1½% and in the third year, and thereafter, at least 2%. Funding will be provided centrally to meet these minimum costs.

3. Posts may qualify for payment where they:

· Carry a significantly higher responsibility level than the norm for the rank; or

· Present particular difficulties in recruitment and retention; or

· Have specially demanding working conditions or working environments.

This scheme will be targeted on front line/operational officers in particular.

4. To qualify for payment, officers must demonstrate that they are fully competent in and highly committed to their duties and responsibilities. The PNB expects that no less than 20% of force strength will benefit from this scheme and no more than 30%, save in exceptional circumstances.

5. Payments will be made annually on a one-off basis and should be no less than £500 and no more than £3,000 normally, although exceptionally, payments of up to £5,000 may be made. They will be taxable and non-pensionable.

6. Police authorities will receive regular reports on the operation of this scheme and its impact on various parts of their force.

D BONUS PAYMENTS

1. Chief constables may award bonuses of between £50 and £500 per head for occasional work of an outstandingly demanding, unpleasant or important nature, eg hostage negotiation, or fingerprinting and searching badly decomposed bodies. These payments will be taxable but not pensionable.

2. Police authorities will determine a local policy with their chief officer following consultation with the staff associations. Police authorities should be given reports at least annually on the operation of the scheme.

E REGULATIONS AND DETERMINATIONS

References here are to the Police Regulations for England and Wales. Equivalent provisions in Scotland and Northern Ireland will be amended accordingly.

(a) Regulations which it is agreed should be retained

(b) Regulations which it is agreed should be deleted

(c) Regulations which it is agreed should become legally enforceable Determinations by the Secretary of State, underpinned by sufficient safeguards in and linked to a substantive Regulation (see para 6.2) *

* The "sufficient safeguards" will be such as to secure that matters covered by a Determination will have the same status before the courts as if they had been made in a substantive Regulation.

Any change is not intended to alter the existing legal status of the employment relationship of police officers. In making determinations within the PNB jurisdiction the Secretary of State will take into account any recommendation made by PNB. In making determinations within the PABEW jurisdiction, the Secretary of State will consult the PABEW on a draft of the determination and take into consideration any representation made by PABEW.

NB Schedules linked to Regulations which are kept will also be kept unless otherwise provided above. Any Schedules linked to deleted Regulations will be deleted, and those linked to Regulations becoming Determinations will be incorporated into those Determinations.

F 30 YEARS PLUS SCHEME

Proposed scheme

Scope

1. The scheme will be open to ranks below ACPO level where a business case can be made for it.

Reappointment not automatic .

2. Each officer who wishes to participate will have to apply for selection.

3. Selection will be subject to participants being in satisfactory health.

4. Appointments will be for a term of up to four years, subject to annual renewal dependent on continued effectiveness. In some cases the appointment could be followed by another of up to three years, again subject to annual renewal.

Status on reappointment

5. Participants will no longer be entitled to a replacement allowance. (When levels of rent and housing allowances were frozen in September 1994, they were worth, for the federated ranks, from £2,332 pa in Dyfed-Powys to £5,863 pa in the Met.)

6. Participants will, however, be able to re-enter the force at their former rank, if selected for that rank.

Tax-free lump sum

7. Participants will be able to retire with a tax-free lump sum before appointment to the posts they had applied for.

Partial lifting of pension abatement

8. Participants will be eligible to have their pension partially abated. They will be able to receive sufficient pension to restore their earnings to their pre-retirement level - i.e. including replacement allowance.

Eligibility for special priority post bonus

9. Depending on the post for which they are selected, participants will be eligible for a non-pensionable lump-sum special retention payment at the end of each extra year worked. The payment will be not less than £500 or more than £3,000 normally, although exceptionally payments of up to £5,000 may be made, and will be in line with the proposed extra responsibility payment for which officers in general will be eligible.

Pension position

10. Participants will not be eligible to re-join the Police Pension Scheme either to resume accrual of rights to their current pension or to accrue rights to a second pension. They will be able to take out a personal pension with a view to receiving additional benefits.

11. Although not members of the Police Pension Scheme, participants will be entitled to injury awards, including awards for death as a result of an injury on duty, as if they had at least 30 years' service.

12. The force will bear the cost of insurance for the payment of the equivalent of a lump-sum death in service grant to the spouse or estate of a participant in the event of death during the currency of his or her appointment. In such a circumstance survivor benefits will become payable as if the officer had died in retirement.

I nland Revenue and Treasury position

13. The Inland Revenue has confirmed in writing the pension position as stated above. Their letter has been circulated to both Sides. The Treasury is sympathetic to the abatement proposals but will need further details before approving it.

Next steps

14. If agreed by the PNB in principle and approved by the Treasury, the next step will be to set up a pilot scheme in at least one force as soon as possible.

1. G IMPROVING THE MANAGEMENT OF ILL-HEALTH

Criteria for ill-health retirement

1. The police service should not lose the skills and experience of officers who are still able to make a valuable contribution. Officers should not therefore have to retire on medical grounds unless it is necessary.

2. An assumption that there may be an entitlement to an ill-health pension

because an officer is unable to carry out full operational duties can create an

unhealthy climate of expectation. There should accordingly be clarity about the

criteria for medical retirement and about where responsibility lies for final

decisions on medical retirement.

3. To this end, the PNB will issue joint guidance during 2002:

(a) Reinforcing the fact that it is senior management and the police authority and not medical advisers who ultimately decide on medical retirements;

(b) Advising on the interpretation and application of "ordinary duties" with a view to ensuring wherever possible the retention of officers in service where they are still capable of undertaking sufficient duties to justify continuing employment;

(c) Clarifying that "permanent disablement" should be interpreted as meaning that the officer will not be able to work again as a police officer before the compulsory retirement age for the officer concerned, on the assumption that normal medical treatment for the officer's condition is applied in the meantime;

(d) To advise on the questions that should be put to selected medical practitioners (SMP);

(e) To advise that the two circumstances (in addition to those in 3(b)

above) where discretion not to proceed with a medical retirement is most likely to be used are:

· where an officer who qualifies for medical retirement wishes to remain in service and the force wishes to retain him or her;

· where an officer faces disciplinary proceedings and medical retirement is set aside so that those proceedings can continue in all but the most exceptional cases.

4. In addition, the Police Pensions Regulations will be amended:

· to remove the distinction between the duties of male and female officers;

· to include a definition of "infirmity" as a disease or medical condition, including a psychiatric disease or condition;

· to add a new proviso to Regulation A20 to require police authorities in making their determinations to give due consideration to all the circumstances and advice and information available to them.

Unacceptable attendance

5. The Sides agree to discuss poor attendance management through the Police Advisory Boards during 2002, taking cognisance of ACAS Guidance, tailored to the requirements of the Police Service; and to come to an arrangement through amendments to Police Efficiency Regulations where the aim is to secure improvement in attendance, with sanctions (including the possibility of dismissal) where that fails. The arrangement will include an appropriate appeals mechanism.

Strategies for effective management of medical retirement

6. Police authorities will develop in consultation with staff associations strategies for the effective management of medical retirement that set out the roles and responsibilities of both the force and authority and that place sickness management, occupational health provision and medical retirement in the wider context of effective career management and operational effectiveness.

7. The strategy should also set out the duties and responsibilities of the force medical adviser (FMA) and the support that management will give to the FMA.

Sick pay within a strategy for managing sickness absence

8. It is recognised that (subject to amendment of Police Regulation 46) the Police Regulations already provide adequate powers for chief officers to exercise discretion over the question of paid sick leave in the interests of supporting or encouraging rehabilitation. Use should be made of this discretion in appropriate cases.

9. Police Regulation 46 (and equivalent Regulations in Scotland and Northern Ireland) will be amended to provide the cumulative method of calculating sickness absence over the previous year when determining whether an officer is due to come off paid sick leave. The PNB will consider guidance in relation to situations where it would be reasonable for chief constables to exercise their discretion favourably to resume/maintain paid sick leave.

Consideration of early retirement on medical grounds

10. Priority should always be given to an appropriate programme of rehabilitation rather than premature consideration of medical retirement. However, where medical retirement does have to be considered, the system should be both fair and transparent. The PNB will consider how best to provide greater clarity as to the sequence of events in the management of medical retirement cases and the roles of the police authority, FMA and SMP. This will include the stage at which cases are referred to the SMP for determination and whether or not there are circumstances in which it is justified to request the SMP to reconsider their determination.

The role of the selected medical practitioner

11. The duties of the SMP will not normally be carried out by the FMA but by somebody removed from the day to day care of officers. In exceptional circumstances there should be a board of three doctors appointed by the police authority rather than a single SMP.

12. SMPs will be provided with, and work to, appropriate medical guidelines drawn up by the Home Office after consultation with both Sides of the PNB.

13. It is recognised that police authorities may wish to collaborate on a regional basis to develop a suitable list of SMPs.

Appeals

14. A fair and transparent system of medical retirement needs to be underpinned by a robust appeals system. The Police Pensions Regulations will therefore be amended so that medical referees appointed by the Home Office are replaced by boards drawn from panels of medical practitioners (similar to the arrangements now in place in the fire service). The appellant may be required to bear the costs in the case of a vexatious or frivolous appeal.

15. The Police Pensions Regulations will be amended to provide for further measures to improve procedures and limit appeals to cases where there are genuine differences of opinion:

· in addition to the current provisions for giving notice of intention to appeal, for which there will now be a 28 day limit, there will be a requirement for the appellant to give a written statement of grounds for appeal within a further 28 days. These limits may be extended at the discretion of the police authority.

· The police authority and the appellant will have the opportunity to agree to an internal review of the SMP's decision in the light of the officer's grounds of appeal, without prejudice to the formal right of appeal.

Annex B

NEW PAY SCALES - ASSIMILATION PROCEDURE

CONSTABLES' PAY SCALE

1. The current constables' pay scale of fifteen points will be reduced by four points over two years from April 2003.

2. With effect from 1 April 2003 two points will be removed, namely, the current 8 and 10 years' service points, to create a new 13-point pay scale.

3. With effect from 1 April 2004, the 3 years' service point will go, to create a new 12-point pay scale.

4. With effect from 1 April 2005 the current 12 years' service point (that is, the 9 years' service point as at 31 March 2004) will be removed to create a new 11-point pay scale, the top point of which will be reached in ten years.

5. The new constables' pay scales are shown in the table at paragraph 3 of Appendix B to the Police Pay and Conditions Agreement dated 9 May 2002. Assimilation to the new scales will be by reference to this table. However, it should be noted that the pay rates in the table will be uprated from 1 September 2002 in accordance with the usual annual pay review arrangements.

6. With effect from 1 April 2003, officers should move sideways from the current scale in the first column to the second column in the table. If there is a blank space, then officers should move directly on to the next highest point.

7. Officers whose incremental date is 1 April should then move immediately on to the next highest point, while other officers will move on to the next highest point as and when their incremental dates occur, subject to paragraph 10 below.

8. The same process should take place with effect from 1 April 2004, and again from 1 April 2005. It should be noted that this method of assimilation will not necessarily mean that officers sit at scale points which correspond with their years of service; there will be a transitional period. The first officers to reach the top of the new scale within a ten year period will be those recruited after 1 April 2000.

Anomalies

9. Anomalies will arise with this assimilation method whereby some officers will be overtaken in the pay scales by other officers recruited up to a year later, due to the inter-relationship between individuals' incremental dates and the effective dates of implementation of the new pay scales.

• To counteract these anomalies, the following exceptions to the above procedure will apply. The incremental dates of officers listed below will, for pay purposes only, change in accordance with the following table:

Notes: 1. Treat 1st April starters as though they were 2nd April starters

2. Anyone with a 1st October start date does not change

The above changes to incremental dates will need to remain in place until officers reach the top of the constables' scale, in order to avoid yet further anomalies arising.

SERGEANTS' PAY SCALE

11. The current sergeants' pay scale of six points will be reduced by one point with effect from 1 April 2003, when the first point on the current scale will be removed to create a new 5-point pay scale.

12. The new sergeants' pay scale is shown in the table at paragraph 4 of Appendix B to the Police Pay and Conditions Agreement dated 9 May 2002. It should be noted, however, that the rates shown in the table will be uprated from 1 September 2002 in accordance with the usual annual pay review arrangements.

13. Any officer who, at 31 March 2003, is on the first pay point should move on to the first pay point of the new scale with effect from 1 April 2003. On the same date, officers at other points of the current scale should move sideways on to the new scale.

14. Officers with an incremental date of 1 April should then move immediately on to the next highest point, while other officers will move on to the next highest point as and when their incremental dates occur, subject to paragraph 18 below.

15. With effect from 1 April 2003, the first scale point will be the entry point for all officers promoted with 11 years or less reckonable service as a constable. Officers promoted with 12 or more years reckonable service will enter at the second point of the new scale.

16. With effect from 1 April 2004, the first scale point will be the entry point for all officers promoted with 10 years or less reckonable service as a constable. Officers promoted with 11 or more years reckonable service will enter at the second point of the new scale.

17. With effect from 1 April 2005, the first scale point will be the entry point for all officers promoted with 9 years or less reckonable service as a constable. Officers promoted with 10 or more years reckonable service will enter at the second point of the new scale.

Anomalies

18. Assimilation will produce anomalies similar to those outlined at paragraph 9 above. To counteract these anomalies, the incremental dates of officers listed below will, for pay purposes only, change in accordance with the following table:

:

The above changes to incremental dates will need to remain in place until officers reach the top of the sergeants' scale, in order to avoid yet further anomalies arising.

INSPECTORS' AND CHIEF INSPECTORS' PAY SCALES

19. The current pay scale for inspectors and chief inspectors will be split to create one pay scale for inspectors and one pay scale for chief inspectors, as shown at paragraphs 5 and 6 of Appendix B to the Police Pay and Conditions Agreement dated 9 May 2002. It should be noted, however, that the rates shown in the tables will be uprated from 1 September 2002 in accordance with the usual annual pay review arrangements.

20. The top of the inspectors' pay scale will be point 5 on the current scale, and the top of the chief inspectors' pay scale will be point 7 on the current scale.

21. With effect from 1 April 2003, the first point on the inspectors' pay scale will be removed to create a new 4-point pay scale. Any officer who, at 31 March 2003, is on the first pay point should move on to the first pay point of the new scale with effect from 1 April 2003. On the same date, officers at other points of the current scale should move sideways on to the new scale.

22. Officers with an incremental date of 1 April should then move immediately on to the next highest point, while other officers will move on to the next highest point as and when their incremental dates occur, subject to paragraph 25 below.

23. With effect from 1 April 2003, the first point on the chief inspectors' pay scale will be removed to create a new 2-point pay scale. Any officer who, at 31 March 2003, is on the first pay point should move on to the first pay point of the new scale with effect from 1 April 2003. On the same date, officers at other points of the current scale should move sideways on to the new scale.

24. Officers with an incremental date of 1 April should then move immediately on to the next highest point, while other officers will move on to the next highest point as and when their incremental dates occur.

Anomalies

25. Assimilation will produce anomalies similar to those outlined at paragraph 9 above. To counteract these anomalies, the incremental dates of officers listed below will, for pay purposes only, change in accordance with the following table:

:

The above changes to incremental dates will need to remain in place until officers reach the top of either the inspectors' or chief inspectors' pay scale, in order to avoid yet further anomalies arising.

PNB Circular 02/9 (Advisory)

Addendum

POLICE NEGOTIATING BOARD

Independent Secretary

Mr M Penny

Office of Manpower Economics

Oxford House

76 Oxford Street

London W1D 1BS

AGREEMENT REACHED IN THE POLICE NEGOTIATING BOARD

1. Annex B to the PNB agreement on the police pay and conditions package, issued earlier this week, requires amendment. Details are as follows.

4. Paragraph 24 of Annex B contains an error. The last line should read "incremental dates occur, subject to paragraph 25 below".

5. Any inquiries should be addressed to the Independent Secretariat at the Office of Manpower Economics ( 020 7467 7218 or to the Official Side Secretary ( 020 7296 6722 or to the Staff Side Secretary ( 020 8399 2224. Enquiries to the Independent Secretariat relating to the interpretation of this circular should, where possible, be sent in writing.

31 May 2002

* PNB Circulars form a single numerical series. Those which in themselves provide authority to implement an agreement carry the serial number alone, while those which are purely advisory are designated as such after the serial number.

PNB Circular 02/9 (Advisory)

Addendum 2

POLICE NEGOTIATING BOARD

Independent Secretary

Mr M Penny

Office of Manpower Economics

Oxford House

76 Oxford Street

London W1D 1BS

AGREEMENT REACHED IN THE POLICE NEGOTIATING BOARD

1. Annex A to the PNB agreement on the police pay and conditions package, issued in May 2002 requires amendment. Details are as follows.

The new constables' pay scale set out in Appendix B on page 11 contains an error. The new penultimate scale point in columns 2-4 should each read £27,903 not £27,902.

2. The May agreement incorporated salary scales effective from 1 September 2001. Details of the September 2002 rates for federated ranks were set out in PNB Circular 02/13 (Advisory). Updated pay scales and assimilation arrangements will be re-issued prior to the shortening of scales from 1 April 2003.

3. Any inquiries should be addressed to the Independent Secretariat at the Office of Manpower Economics (020 7467 7218 or to the Official Side Secretary (020 7296 6722 or to the Staff Side Secretary ( 020 8399 2224. Enquiries to the Independent Secretariat relating to the interpretation of this circular should, where possible, be sent in writing.

14 August 2002

* PNB Circulars form a single numerical series. Those which in themselves provide authority to implement an agreement carry the serial number alone, while those which are purely advisory are designated as such after the serial number.

* The overtime reductions of 15% and 10% mentioned in paragraphs 4.3 & 4.4 are total figures to be achieved over the 3 year period beginning 2003/4.

* The PSNI inspectors' non-pensionable supplement will be further considered when the Special Priority Payments scheme is introduced.