ACPO terms and conditions

Report: 5
Date: 30 January 2003
By: Clerk

Summary

The Authority sets the terms and conditions for the appointment of ACPO rank officers. These are now set out in statement which new appointees are asked to agree and sign. It is proposed that Internal Audit undertakes a review of the arrangements for the remuneration, emoluments and allowances for ACPO rank officers.

A. Recommendations

1. That Members note the proposal for a review of the arrangements for the remuneration, emolument and allowances for ACPO rank officers to be undertaken by Internal Audit.

B. Supporting information

2. The MPA is directly responsible for the appointment of ACPO officers of rank of assistant commissioner, deputy assistant commissioner and commander, and for establishing the ‘terms and conditions’ of their appointment.

3. Many of the terms and conditions, in particular those relating to remuneration and benefits, are provided for in police regulations or by the PNB through national negotiations and agreements.

4. However, many of these terms and conditions are not defined and a police authority has the scope to adjust and modify them e.g. on pay progression a police authority can decide a policy on starting salary levels and progression through incremental scale points. In addition, a police authority can provide further benefits in kind over and above those provided for in regulations and through PNB agreements. For example, ACPO rank officers in the Metropolitan Police are provided with a car, as a taxable benefit in kind, for business and private use. Many police authorities, for example Surrey, provide health care schemes.

5. The following factors will usually be taken into account and influence the terms and conditions for ACPO officers set by the police authority, namely market conditions, the need to recruit and retain high quality officers, employment best practice, operational effectiveness and cost efficiency.

6. The MPA has developed and introduced a statement of the terms and conditions for ACPO appointees. All new appointees are required to agree to a statement of appointment. A typical example of a statement is at Appendix 1.

7. To determine whether the existing arrangements for the remuneration of ACPO officers and other relevant allowances and emoluments operate effectively it is proposed that Internal Audit carries out a review of the existing arrangements.

8. The main objective of the review will be to ensure that the arrangements for remuneration, emoluments and benefits in kind provided to ACPO rank officers are effective, and comply with statutory provisions and MPA/MPS policy. Recommendations for improvements are to be made. The results of the review will be provided to Members.

9. Internal Audit has undertaken an initial scoping exercise, regarding the provision of cars as a taxable benefit in kind to ACPO rank officers. Issues arising are presented under agenda item 9.

C. Equality opportunity and diversity implications

The review will objectively examine systems and processes.

D. Financial implications

The staff costs – which are opportunity costs and not additional costs- of carryout the review, are estimated at £3,300.

E. Background papers

None.

F. Contact details

Report author: Graham Spencer

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1: Statement of particulars of fixed term appointment

The appointment is made under Regulation 13A of the Police (Amendment) Regulations 1995 (‘the Regulations’) as amended. The appointment is subject to the Police Act 1996 (the Act) and the Regulations and any further amendments to the Act and Regulations. The provisions of the Act and Regulations (or any future amendments to them) shall prevail over the stipulations of this agreement.

Name:

1. Term of appointment

This appointment is to the rank of commander/ DAC for a fixed term of XX years commencing on day/month/year ending on day/month/year

2. Duties and responsibilities

Your initial appointment will be to the XXX.

You should not expect to remain in this position for the full term of your fixed term appointment. The Commissioner, in consultation with the Authority may redirect you to other positions, within the Metropolitan Police Service (MPS), appropriate to your rank.

You may be directed and required by the Commissioner from time to time, to undertake additional or other duties, which are within the skill and competence of your rank and appropriate to your position, as necessary to meet the needs of the business of the MPS and the Authority.

3. Place of work and hours

Your normal place of work is not fixed, and can be anywhere in the Metropolitan Police District (i.e. geographical jurisdiction of the Greater London Authority). You may be required to travel to such places as may be reasonably necessary for the proper performance of your duties, both inside and outside the UK.

Working hours are such as are needed to fulfil the requirements of the post, including operational ‘call-outs’ outside normal working hours.

4. Appraisal

In line with national developments, it is planned to introduce new performance management arrangements for ACPO officers. Under these new arrangements, the Authority will have an involvement in the annual appraisals of ACPO officers. You will be expected to participate in these new arrangements.

5. Pay, allowances and expenses

Your annual salary during this period will be £XX and will be increased from 1 September each year by whatever percentage is applied to ACPO salaries generally.

You will receive London Weighting of £XX and London Allowance of £XX per annum.

You will be entitled to Housing Allowance up to a maximum of £6,921.12 per annum or Rent Allowance up to a maximum of £7,890 per annum which ever is applicable to you in accordance with Regulations (Regulation 49 of Police Regulations 1987 and Regulation 49B Police (amendment) Regulation 1990).

Full reasonable travel and subsistence costs and expenses incurred in the performance of duty will be reimbursed, in accordance with Regulations and Metropolitan Police Service policy.

6. Temporary accommodation and removal expenses (applicable to ‘external’ appointees).

You will be provided with accommodation on a temporary basis for up to six months, following your appointment to enable you to make arrangements for permanent accommodation.

An extension to this arrangement will not normally be provided. However, any such requests must be submitted to the Clerk to the Authority for consideration.

You will be entitled to be reimbursed the cost of two trips home per month for the first six-month period of your appointment (at casual user mileage rates or standard class rail fare whichever is applicable).

Reasonable cost of moving house will be reimbursed up to a maximum of £15,000, including solicitors’ and estate agents’ fees against receipts. Separate rules apply for the purchase of second homes. Operating rules for the scheme provided on request. There are separate scheme rules

An incidental expenditure allowance up to a maximum of £1,608, will also be paid be paid against receipts (the allowance limit is set by the PNB).

The personal tax liability for these benefits is to your own account.

7. Cars

Transport is provided. You can choose between:

• individually provided car for business and private use;
• a pooled or shared car service for business use only
• payment of mileage for the use of a private car only

For a provided car, you can choose from a number of marques to an upper limit of £27,600 (manufacturer retail price). There will be a tax liability arising from the private use of an officially provided car. This is for individual officers to resolve with the Inland Revenue; they will be provided with a form P11D at the end of each tax year informing them of their tax liability for the vehicle.

The Authority reserves the right, to amend, change and alter the arrangements for the provision of cars for senior rank officers.

8. Professional and staff associations

You will be reimbursed the cost of your annual CPOSA insurance premiums on submission of a receipt.

9. Sickness absence

Regulation 35 and the provisions of the MPS Sickness Policy (as amended) will apply. Sick pay will be in accordance with Regulation 46.

10. Annual leave

You are entitled to paid leave in accordance with Schedule 4 Regulation 34 Police Regulations 1995.

11. Grievances

If you have any grievance relating to the actions of the Authority, individual members of the Authority or any of its officers, you should raise it initially with the Commissioner (or the Clerk if appropriate). The Authority’s decision on any such matters shall be final subject only to the provisions of the act and regulations.

If you have a grievance against any member of staff under the direction and control of the Commissioner, the MPS Grievance Policy applies (as amended).

12. Complaints discipline and code of conduct

Any complaint made by a member of the public or any other allegations of misconduct will be dealt with in accordance with Part IV Police Act 1996 and the procedures set out in the Police (Conduct) (Senior Officers) Regulations 1999, as modified by the Greater London Authority Act 1999.

Section 11 and 12 of the Police Act 1996, as amended, applies o this appointment.

13. Pension

All matters concerning your pension will be governed by the Police Pension Regulations 1987 and any subsequent amendments to them.

14. Business interest

During your employment you are expected to devote the whole of your time to your duties and office.

You must not engage in any other occupation or profession or business or work, whether paid or unpaid, for any other organisation, company, firm or person without the written permission of the Clerk to the Authority.

Any business interest is to be notified to the Clerk to the Authority in accordance with Regulation 10 of Police Regulations 1995.

15. Copyright and rights of property

Any invention, design, or copyright work, including without limitation all documents, data, articles, reports or other items (“Works”), made by you during the course of your appointment with the Authority shall immediately upon creation or performance vest in and shall be and remain the sole and exclusive property of the Authority.

16. Data protection

You acknowledge and accept that information relating to you may be processed by the Authority in order to fulfil the Authority’s obligations to you under the terms of the fixed term appointment and/or for reasons relating to your appointment with the Authority and you hereby explicitly consent to such processing, which may include the processing of sensitive personal data (such as information about your health). Such processing will be principally for personnel, administrative and payroll purposes.

17. Notice

If you wish to retire, transfer or accept promotion to another Force, prior to the expiry of the this fixed term appointment you are required to give a minimum of three months notice of this.

This notice should be initially submitted to the Commissioner who will forward it to the Clerk to the Authority for consideration.

18. Extensions

Any extension to the fixed term will be in accordance with regulations. Any such request should be made six months prior to the expiry of your fixed term appointment and submitted initially to the Commissioner. This will then be submitted to he Clerk to the Authority for consideration.

19. Post MPS employment and appointments

Before accepting any appointment which would start within two years of leaving the Metropolitan Police Service, you must obtain the approval of the Clerk to the Authority, in cases where:

• the appointment is to an organisation, firm or business that provides any commercial and contractual services to the MPS or MPA;
• the appointment is to an organisation, firm or business that intends to tender for the provision of commercial and contractual services to the MPS or MPA.

This will not be unreasonably withheld.

20. General

Where reference is made to allowances and remuneration, you will discharge any liability for income tax.

21. Variations

Variations or amendments to this statement will be notified to you in writing.

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