The Police Federation (Amendment) Regulations 2016 No. 1090


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Statutory Instruments

2016 No. 1090

Police, England And Wales

The Police Federation (Amendment) Regulations 2016

Made

14th November 2016

Laid before Parliament

15th November 2016

Coming into force

9th December 2016

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 60 of the Police Act 1996(1).

The Secretary of State has consulted the three Central Committees of the Police Federation of England and Wales, sitting together as a Joint Committee, in accordance with section 60(4) of that Act.

Citation, commencement and extent

1.-(1) These Regulations may be cited as the Police Federation (Amendment) Regulations 2016 and come into force on 9th December 2016.

(2) These Regulations do not extend to Scotland.

Branch boards: elections

2.  Regulation 6 (Branch boards: elections) of the Police Federation Regulations 1969(2) is amended as follows-

(a)in paragraph (11), for sub-paragraph (a) substitute-

"(a)provide that elections to which the rules relate shall take place in 2017 and in every third year thereafter;",

(b)in paragraph (15), for "at any time in 2004" substitute "in 2017".

Annual conference and elections to the central committees

3.-(1) The Police Federation Regulations 1969 are amended as follows.

(2) For regulation 9 (central conferences)(3) and its heading substitute-

"Annual conference

9.-(1) The Federation shall hold an annual conference on a date agreed by the Secretary of State.

(2) The annual conference shall last no more than two days or, with the consent of the Secretary of State, three days.

(3) Subject to paragraph (4), the annual conference shall be constituted in accordance with rules made by the Federation.

(4) For each branch of the Federation there shall be at least two delegates to the annual conference plus an additional delegate for every 500 members of the police force to which the branch relates on 31st March in the year two years preceding the year in which the conference is held.

(5) Subject to this regulation, the proceedings of the annual conference shall be in accordance with rules made by the Federation.

(6) Rules made under paragraph (3) or (5) shall be prepared in draft by the joint central committee and submitted for the Secretary of State's approval, and shall not have effect until so approved.".

(3) In regulation 12 (central committees)(4)-

(a)in paragraph (1A)-

(i)for the words from "inspectors'" to "central" substitute "annual",

(ii)in sub-paragraph (a), after "Region" insert ", as listed in Schedule 5,",

(b)in paragraph (2)(c) omit the words from ", and" to the end,

(c)in paragraph (2A) for "May 1987, and at any time in 1990" substitute "2018",

(d)in paragraph (4), for the words from "inspectors'" to the end substitute "annual conference in accordance with rules made under regulation 9(3)".

(4) In regulation 15A (Federation Rules)(5), in each place where it occurs, for "joint central conference" substitute "annual conference".

(5) In regulation 16 (subscriptions etc.)(6), in paragraph (2), for "joint central conference" substitute "annual conference".

(6) In regulation 20 (trustees of Federation property and funds)(7)-

(a)in paragraph (2A) for "of whom each of the central conferences shall have elected one" substitute "whom the annual conference shall have elected",

(b)in paragraph (2B) for "joint central conference" substitute "annual conference".

(7) In Schedule 2 (proceedings) in paragraph 1(8) omit-

(a)"each central conference;",

(b)"the conferences arrangements committee;",

(c)"any women's regional conference;".

(8) In Schedule 3 (elections, etc.)(9)-

(a)in paragraph 1 omit-

(i)"each central conference;",

(ii)"the conferences arrangements committee;",

(iii)"each women's regional conference",

(b)in paragraph 5(2)-

(i)omit sub-paragraphs (b) to (d) and (f),

(ii)in sub-paragraph (e)-

(aa)for "a central conference" substitute "the delegates to an annual conference",

(bb)for "that central conference" substitute "the annual conference".

(9) In Schedule 6 (removal from office)(10) in paragraph 1 omit "the conferences arrangements committee;".

(10) The following are revoked-

(a)regulation 10 (proceedings of central conferences)(11),

(b)regulation 11 (conferences arrangements committee)(12),

(c)regulation 14 (women's regional conferences)(13),

(d)Schedule 4 (delegates to central conferences)(14).

Consequential provisions relating to the annual conference

4.-(1) Regulation 23 (meetings of Police Federation treated as duty) of the Police Regulations 2003(15) is amended as follows.

(2) In paragraph (1)-

(a)omit "a meeting of the conferences arrangements committee,",

(b)for the words ", the annual meeting of a central conference or a women's regional conference" substitute "or the annual conference".

Transitional provisions relating to the annual conference

5.-(1) Any rules made by a joint central conference under regulation 20(2B) of the Police Federation Regulations 1969 prior to these Regulations coming into force are to have effect as if they were made by an annual conference, subject to such modifications as may be necessary to take account of the effect of these Regulations.

(2) Any rules made by a central conference under paragraph 5(2)(e) of Schedule 3 to the Police Federation Regulations 1969 prior to these Regulations coming into force are to have effect as if they were made by an annual conference, subject to such modifications as may be necessary to take account of the effect of these Regulations.

(3) Any other thing done by a central conference or a joint central conference prior to these Regulations coming into force is to have effect, for the purposes of the Police Federation Regulations 1969, as if it were done by an annual conference.

Brandon Lewis

Minister of State

Home Office

14th November 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 amends regulation 6(11) and (15) of the Police Federation Regulations 1969 ("the 1969 Regulations") to remove the requirement for elections to be held in 2016 to the branch boards of the Police Federation for England and Wales ("the Federation") and to provide that the next such elections are to be held in 2017 and in every third year after that.

Regulation 3(2) substitutes regulation 9 of the 1969 Regulations to provide for an annual conference of the Federation in place of separate central conferences for constables, sergeants, inspectors and women. It is to be held on a date agreed by the Secretary of State and is to last not more than 2 days or, with the consent of the Secretary of State, 3 days. The annual conference is to be constituted in accordance with rules made by the Federation, subject to there being, for each branch of the Federation, at least two delegates plus an additional delegate for every 500 members of the force to which the branch relates on 31st March in the year two years preceding the year in which the conference is held. Subject to regulation 9, the proceedings of the annual conference are to be in accordance with rules made by the Federation. For the purposes of regulation 9, rules are to be prepared in draft by the joint central committee and are not to have effect until approved by the Secretary of State.

Regulation 3(3)(c) postpones the 2017 elections to the Federation's central committees until 2018.

The rest of regulation 3 makes other amendments, consequential on the changes to the annual conference made by regulation 3(2), to the 1969 Regulations.

Regulation 4 makes amendments, consequential on the changes to the annual conference made by regulation 3, to regulation 23(1) of the Police Regulations 2003.

Regulation 5 makes transitional provisions in relation to the changes to the annual conference made by regulation 3.

(1)

1996 c. 16; section 60 was amended by paragraph 80 of Schedule 9 to the Police Act 1997 (c. 50), paragraphs 68 and 75 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c.15), paragraph 37 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and S.I. 2013/602.

(2)

S.I. 1969/1787; regulation 6 was substituted by S.I. 2004/2660.

(3)

Regulation 9 was amended by S.I. 1971/1498, 1995/2768 and 2004/2660.

(4)

Regulation 12 was amended by S.I. 1986/1846, S.I. 1995/2768 and S.I. 2013/3189.

(5)

Regulation 15A was inserted by S.I. 1990/1575.

(6)

Regulation 16 was substituted by S.I. 1990/1575 and amended by S.I. 2006/594, S.I. 2007/2751 and S.I. 2015/630.

(7)

Regulation 20 was amended by S.I. 1989/564 and S.I. 2004/2660.

(8)

Paragraph 1 was amended by S.I. 2004/2660 and S.I. 2011/230.

(9)

Schedule 3 was amended by S.I. 1973/706 and S.I. 1995/2768.

(10)

Schedule 6 was inserted by S.I. 1986/1846 and substituted by S.I. 2004/2660.

(11)

Regulation 10 was amended by S.I. 2004/2660.

(12)

Regulation 11 was amended by S.I. 1986/1846 and S.I. 1995/2768.

(13)

Regulation 14 was amended by S.I. 1973/706 and S.I. 1995/2768.

(14)

Schedule 4 was amended by S.I. 1971/1498, S.I. 1995/2768 and S.I. 2004/2660.


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