Contents

Report 9 of the 13 November 2008 meeting of the Strategic and Operational Policing Committee agendas, outlining the process and rules for the Metropolitan Police Service (MPS) on business interests, secondary employment and political activities for both police officers and police staff and procedures to be followed.

Business interests, secondary employment and political activities

Warning: This is archived material and may be out of date. The Metropolitan Police Authority has been replaced by the Mayor's Office for Policing and Crime (MOPC).

See the MOPC website for further information.

Business interests, secondary employment and political activities

Report: 9
Date: 13 November 2008
By: Director of Human Resources on behalf of the Commissioner

Summary

Following a referral to the Professional Standards and Complaints Committee and further discussion with the Trade Unions, Directorate of Legal Services and the Metropolitan Police Authority, this paper outlines the process and rules for the Metropolitan Police Service (MPS) on business interests, secondary employment and political activities for both police officers and police staff and procedures to be followed.

A. Recommendation

That members note the Standard Operating Procedure to this report.

B. Supporting information

Review and Consultation

1. As part of the review that was commenced in 2007 consultation took place with the following:

Trade Unions
Staff Associations
HR Managers
Senior HR Managers
Business Managers
Diversity and Citizen Focus Directorate, strand leads
Occupational Health
Health and Safety
Police Federation
Directorate of Legal Services
Metropolitan Police Authority

2. All comments and suggestions received as a result of the consultation process were considered and where appropriate changes were made to the standard operating procedure.

3. The main comments received during the period of consultation were around:

seeking legal advice in respect of the interpretation of the Human Rights Act 1998 as other legislation may take precedence (requested by the Professional Standards and Complaints Committee). (Comment – legal advice was such that the interpretation of the Human Rights Act was correct and that no conflict with any other legislation was identified);
seeking legal advice regarding the scope/parameters of intellectual property rights as it was felt that it was too restrictive in respect of anything external to the MPS and not related to the working environment (requested by the Trade Unions). (Comment – legal advice was sought and as a result of counsel’s advice this section (sub heading Intellectual Property Rights) of the Standard Operating Procedure was completely redrafted and agreed by Legal Services); and
political activities in respect of whether members of the Trade Unions were allowed to canvass or stand for election in recognised Trade Union elections (requested by the Trade Unions). (Comment – as a result of the comments from the Trade Unions a new paragraph (paragraph 1) was added to Annex B to the Standard Operating Procedure to state that Trade Union officials/representatives can act in their official capacities when either standing for election or canvassing on behalf of those standing for election in any recognised trade union elections).

These were addressed and necessary changes made to the standard operating procedure. No other amendments were made apart from those outlined above.

5. As a result of the initial period of consultation further meetings were held with the Trade Unions at which the MPA was represented by the Deputy Chief Executive and Solicitor to the MPA.

6. A copy of the standard operating procedure is attached at Appendix 1.

Statistical Data

7. At the time of writing the MPS strength comprises 31,949 police officers of which 2,664 (8.3%) are from a black or minority ethnic (BME) background. In addition there are 14,776 police staff of which 3,436 (23.2%) are BME.

8. Records relating to registered business interests for police officers show that 3,312 police officers have registered a business interest. Of that total, 40 have not recorded their ethnicity and therefore have been excluded from the total number of registered business interests for police officers for the purposes of this report. With this in mind, analysis of the data has been undertaken using the figure of 3,272 registered business interests, where the ethnicity of the police officer is known.

9. Of the 3,272 police officers who have registered a business interest and their ethnicity is known, 297 are BME and form 9.1% of the registered business interests.

10. Of the records available, there is a total of 119 police staff registered business interests of which 12 (10.1%) are from BME. We believe that this understates the position. The new process addresses this.

C. Race and equality impact

The number of BME police officers who have a registered business interest is proportionate, in percentage terms, to the overall number of officers in the MPS who are from a BME background. Whilst there are no current implications in respect of equality and diversity arising from this report, monitoring of the standard operating procedure is ongoing, to determine whether any disproportionate impact occurs in respect of any particular group, and where this occurs that appropriate action will be taken.

D. Financial implications

There are no specific financial implications arising from this report.

E. Background papers

Professional Standards and Complaints Committee, Report 6 of 19 July 2007.

F. Contact details

Report author: George McAnuff, Assistant Director of HR Services, Core Support, MPS

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/180

Appendix 1

Standard operating procedure

Human Resources Standard Operating Procedure: Business Interests, Secondary Employment and Political Activities

Protective marking: Not protectively marked
Publication scheme Y/N: N
Title: Business Interests, Secondary Employment and Political Activities Standard Operating Procedure
Version: 2
Summary: Defines business interests, secondary employment and political activities and sets out the processes for applying for authority to undertake such
Branch/OCU: Employee Relations Unit, Human Resources Directorate
Review date: 2011
Notice reference/date:

Introduction

The following guidance supports the Work Life Balance Policy and is applicable to all members of the MPS who have or who wish to have a business interest, secondary employment or who wish to undertake a political activity.

Application

This standard operating procedure takes immediate effect.

All police officers and police staff, including the extended police family and those working voluntarily or under contract to the MPA must be aware of, and are required to comply with, all relevant MPS policy and associated procedures.

However, this standard operating procedure applies in particular to officers and police staff in the following roles:

Police officers (including special constables)
Police staff
Line Managers
Senior Management Teams
Director of Human Resources
BOCU Commanders
OCU Commanders
Heads of Branches
Business Group Business Managers
Director of HR Services
ACPO
Senior Pay Band Premier
Deputy Commissioner

N.B. This list is not intended to be exhaustive.

Standard Operating Procedure

This standard operating procedure sets out the processes and procedures to be followed by police officers, police staff and management when a member of the MPS wishes to seek authority to undertake a business interest, secondary employment or political activity (see Annex C for the roles and responsibilities and Annex B for the restrictions on political activities). In addition it gives examples of business interests and secondary employments that may be found to be compatible and incompatible (see Annex A) and also sets out the process for submitting an appeal should an application not be deemed compatible (see Annex D).

Definition of a Business Interest

The business interests of police officers are regulated by Regulations 7-8 of The Police Regulations 2003. The Regulations only apply to police officers.

It is important that officers understand the definitions that are contained in Regulations 7-8 of The Police Regulations 2003. It is not just their own personal business interests that need to be notified, but also those of spouses, civil partners and/or relatives living with the officer, where appropriate.

Regulation 8 defines a business interest in two ways:

firstly as it applies to a serving police officer (paragraph 8(a));
secondly, as it relates to licences or permits (paragraph 8(c)).

Regulation 8(a) defines a business interest as:

“the member holds any office or employment for hire or gain (otherwise than as a member of a police force), or carries on any business”;

This means that there must be an element of profit in the activity for it to qualify as a business interest as defined. Profit would include money or barter. Consequently, voluntary activities (not involving profit or barter) and activities for which the officer is reimbursed expenses only, need not be notified as a business interest.

Regulation 8(c) refers to the holding of certain licences and permits:

“the member, his spouse or civil partner (in each case not being separated from them) or any relative included in his family living with him holds, or possesses a pecuniary interest in, any such licence or permit as mentioned in paragraph (2)”;

and a reference to a relative included in a member’s family shall include reference to his spouse, parent, son, daughter, brother, sister, civil partner or any person living with the member as if they were his spouse or civil partner.

The reference to a licence or permit refers to one granted in pursuance of the law relating to liquor licensing, refreshment houses or betting and gaming or regulating places of entertainment in the area of the police force in question.

Police staff are not subject to any laid down regulations or legislation in respect of business interests or secondary employments. However, it is considered that the definition of a business interest as set out in Police Regulations is also appropriate and suitable for police staff. Under the circumstances the definition as set out in Police Regulations will apply to police staff in all respects.

Definition of Secondary Employment

The definition of secondary employment is such that it includes any activity whereby there is an element of profit in the activity and this would include money or barter.

Examples of potentially compatible and incompatible business interests and secondary employments are at Annex A.

Police Staff Senior Pay Bands (SPS4 and above) and ACPO Ranks

Any member of police staff who falls within the Senior Pay Bands (SPS4 and above) and officers of ACPO rank must not engage in any other occupation, profession, business or work, whether paid or unpaid, for any other organisation, company, firm or person without the written permission of the Chief Executive and Clerk to the Authority (MPA). Any proposed business interest or secondary employment must be proposed, via the Director of HR, to the Chief Executive and Clerk to the Authority.

Political Activities

Police officers are not permitted to engage in any form of political activity (Schedule 1 of The Police Regulations 2003).

Broadly, most MPS police staff are free to engage in limited political activities subject to the restrictions contained in the MPA Employment and Restrictions on Political Activities (Annex B), provided they:

confine his/her activities to times when he/she is not on duty;
observe the following guidance; and
comply with relevant legislation.

Business Interests and Secondary Employment in the Metropolitan Police Service
Members of the MPS cannot carry out a business interest or secondary employment or advertising of such on police premises, or during working hours, nor may he/she use MPS equipment such as telephones, faxes, computers, paper supplies, transport or other technical equipment and so on, to further the business interest or secondary employment, nor should any undue pressure be placed upon colleagues to buy or rent. All members of the MPS are reminded that, as part of the proper management of the MPS, its public functions and its resources, MPS information and communication systems are monitored to the extent permitted by law. For further details refer to the corporate Standard Operating Procedure (SOP) – ‘Personal Use of MPS Information, Communication and Technology Systems’, enquiries about this SOP should be directed to the Directorate of Information, Information Assurance Unit on 785084.

Regulation 7 of The Police Regulations 2003 provides clear legal authority for the exercise of a power to find a business interest compatible or incompatible.

In addition, in deciding upon the compatibility in respect of an application from a police officer, the Director of Human Resources or in the Director’s absence a nominated AC will also have regard to the Code of Conduct set out in Schedule 1 to The Police (Conduct) Regulations 2004 which sets out the principles which guide police officers’ conduct. The Code of Conduct applies to police officers whilst both on and off duty. If the conduct of an officer whilst off duty is serious enough to indicate that the officer is not fit to be a police officer then appropriate action will be taken under the Regulations.

When a decision is made in respect of a business interest or secondary employment it will be within the framework of the Human Rights Act 1998. Article 8 provides that ‘Everyone has the right to respect for his private and family life, his home and his correspondence’. A restriction on these rights can only be justified if it is aimed at protecting one of the interests set out in Article 8(2), is in accordance with the law and is necessary in a democratic society (that is, proportionate to the legitimate aims being pursued).

A restriction may be necessary and in some instances, the placing of a condition on a business interest may be appropriate, as it would be a less restrictive alternative to a member of the Service having to choose between retaining the business interest or ceasing to be a member of the Service.

Health and Safety at Work Act 1974

Under The Health and Safety at Work Act 1974 (HSWA) the Commissioner has a duty to secure the health, safety and welfare at work of members of the Service under his command and the health and safety of others who might be affected adversely by any unsafe performance of duty by his members. Individual officers and police staff also have a responsibility to take reasonable steps to secure their own health and safety.

Whilst a member of the Service is free to make whatever use he/she may choose of his/her own time, consistent with the position held as a member of the MPS, this is subject to an individual responsibility not to do so in such a way, or to an extent, that he/she is not able to attend when required for duty in a fit state, or to be able to discharge that duty as required in a safe manner and without detriment to his/her own health or the health of others. Accordingly, when a member of the Service notifies a proposed business interest or secondary employment and seeks a declaration of compatibility, he/she will be required to sign to the effect that he/she is aware of these responsibilities and agree not to engage in the business interest or secondary employment in a manner or degree incompatible with his/her compliance with the MPS Health and Safety Policy. This declaration is incorporated within the notification Form 6005 which can be found on the MPS Forms Database Intranet site. If any member of the Service is unable to provide such an assurance, the proposed business interest or secondary employment will be deemed incompatible with continued service with the MPS.

If a member of the Service attends for duty in an unfit state or he/she is unable to discharge his/her duty as required in a safe manner and without detriment to his/her own health or the health of others, the matter will be fully investigated. If, as a result of the investigation, it is found that he/she is unable to undertake his/her duties as a result of his/her business interest or secondary employment the finding of compatibility, previously made, is likely to be rescinded and disciplinary action may follow.

When considering whether a business interest or secondary employment is compatible, consideration should be given to The Working Time Regulations 1998 in relation to working an average of 48 hours per week over a 17-week period. If the business interest or secondary employment is likely to place a member of the Service in breach of the Regulations, there is a need to consider the implications to the Service if that member of the Service is involved in an incident involving a fatality or serious injury and the Service has found compatible the business interest or secondary employment.

Failure to Notify a Business Interest, Secondary Employment or Political Activity

Failure to notify a business interest, secondary employment or political activity or to continue with such activity when it has been deemed incompatible may result in formal disciplinary action being taken, which may ultimately result in dismissal from the Service. This is applicable to both police officers and police staff.

Intellectual Property Rights

The following relates to any works of intellectual property (IP) and like rights, including (but not limited to) any patents, patent applications, works of copyright, registered and unregistered designs, trademarks, goodwill and confidential information:

Police Officers

1. Any IP created by a police officer in the course of his/her duties as a servant of the Crown, are Crown Copyright and are owned by the Crown.

2. Where a police officer believes he/she has created IP falling under Paragraph 1, he/she must inform his/her Line Manager of such creation without delay in writing.

3. Any IP created by a police officer other than in the course of his/her duties, but whose subject matter relates to policing, will be exclusively the property of the Metropolitan Police Service (MPS).

4. Where a police officer believes he/she has created IP falling under Paragraph 3 herein, he/she must inform his/her Line Manager of such creation without delay in writing.

5. Where a police officer has created IP falling under Paragraph 3 herein, he/she must take any necessary steps as requested by the MPS to perfect the ownership of the MPS’s rights in the IP.

6. If a police officer wishes to use an IP covered by Paragraphs 1 and 3 above, he/she must first ensure that any necessary licences are obtained and report to the MPS, giving full details of the use which the police officer wishes to make of the IP. For the avoidance of doubt, “use”, will cover any dealings with the IP whether or not those dealings are expressly set out by Statute.

Police Staff

1. Any IP (as defined in the first paragraph above) created by a member of police staff in the course of his/her employment, will be exclusively the property of the MPS. Any IP created by an employee of the MPS relating to matters of policing shall be deemed to be created in the course of that employee’s employment with the MPS.

2. Where a member of police staff believes he/she has created IP falling under Paragraph 1 herein, he/she must inform his/her Line Manager of such creation without delay in writing.

3. Where a member of police staff has created IP falling under Paragraph 1 above, he/she must take any necessary steps as requested by the MPS to perfect the ownership of the MPS’s rights in the IP.

4. If a member of police staff wishes to use IP covered by Paragraph 1 above, he/she must first ensure that any necessary licences are obtained and report to the MPS, giving full details of the use to which the member of police staff wishes to make of the IP. For the avoidance of doubt, “use”, will cover any dealings with the IP whether or not those dealings are expressly set out by Statute.

Annexes

Annex A – Examples of Compatible and Incompatible Business Interests and Secondary Employment
Annex B – MPA Employment and Restrictions on Political Activities
Annex C – Roles and Responsibilities
Annex D – Appeals Process

Responsibilities

This standard operating procedure is owned by HR Board.

This standard operating procedure was developed and will be maintained by the Employee Relations Unit, HR Services.

This standard operating procedure will be reviewed by the Employee Relations Unit, HR Services.

Associated Documents and Policies

Work Life Balance Policy
Health and Well-being Policy
The MPS Health and Safety Policy
The Police Regulations 2003
The Police (Amendment) (No. 2) Regulations 2006
The Police (Conduct) Regulations 2004
The Human Rights Act 1998
The Health and Safety at Work Act 1974
The Local Government Housing Act 1989 (as amended)
The Local Government Officers (Political Restrictions) Regulations 1990 (as amended)

This standard operating procedure supersedes all relevant entries in the Civil Staff Personnel Manual and the Police Personnel Manual, which have now been decommissioned.

For further enquiries on this Standard Operating Procedure please contact the Employee Relations Unit, HR Services.

Annex A

Examples of Compatible and Incompatible Business Interests and Secondary Employment

Examples of business interests and secondary employments, which may be found compatible, are as follows. The list is not exhaustive and each case will be considered on its merits.

working in a retail outlet;
working in a garage;
working for a building firm, electrical contractor or heating company;
working for a catering company;
working at a garden centre;
working at a riding stables;
soft selling to colleagues, e.g. Avon, Tupperware, etc.;
letting a room within his/her accommodation, providing it is not a property owned by the MPA/MPS, and the letting is not to a subordinate;
some work as a TV/film extra. However, police officers, special constables, police community support officers and police staff must not appear in any commercial filming production, which mirrors their role in the MPS and/or whilst off duty in MPS issue uniform, or part uniform, or any other MPS issue clothing, or with any other MPS equipment. Neither must officer safety/personal protection equipment be utilised in these circumstances;
writing books or articles which are not related to policing activities for publication for which payment will be received (reference must not be made to the fact that the author is a member of the MPS); or
directorship of a company unless the company is involved in business activities which are incompatible.

The following is only applicable to members of police staff:

There may be occasions when members of police staff are offered a private commission which is related to the work they undertake in the Service (e.g. professional and technology roles). In such cases this should be treated as a business interest or secondary employment:

partial commission for working drawings only;
full commission for an adaptation, extension or addition to a private dwelling;
structural survey of a private dwelling; or
property valuation not involving negotiations with a government department or local authority

There is no objection to a member of police staff volunteering to serve as a presiding officer or poll clerk at a parliamentary or local election, provided he/she can be spared. The time off should be taken as annual leave.

Examples of business interests and secondary employments, which may be found to be incompatible, are as follows. The list is not exhaustive and each case will be considered on its merits.

holding a licence or permit granted in pursuance of the law relating to liquor licensing, refreshment houses or betting and gaming or regulating places of entertainment within the MPS;
working in licensed premises where there would be a conflict of interest (applicable to police officers, police community support officers, special constables or any other members of the MPS who have a front line interface with members of the public);
would present a conflict of interest, e.g. magistrate, practising solicitor/barrister;
would bring the police service into disrepute by publicity or otherwise;
involves investigation for other than police purposes, e.g. loss assessor (applicable to police officers, police community support officers, special constables or any other members of the MPS who have a front line interface with members of the public);
mirrors police activity, e.g. close protection, security or surveillance, club doorman, private detective;
is connected with the lending of money or recovery of debts for others;
involves “hard selling” to colleagues by placing undue pressure upon them to buy or rent, including recruiting others to sell on his/her behalf;
steward at a sporting event (applicable to police officers, PCSO’s and special constables or any other members of the MPS who have a front line interface with members of the public);
members of the Service who have received MPS firearms/taser training);
renting accommodation from or letting accommodation to a subordinate;
the writing of books by serving members of the Service about his/her policing/work experiences;
any employment where there is a degree of confidentiality expected that may conflict with the interests of being a police officer, e.g. nursing, counselling, etc.; or
any other business interest or secondary employment which may be determined.

All members of the MPS must identify any business interest, secondary employment, directorship or share holding in a company, he/she and/or his/her spouse or civil partner (in each case not being separated from them) or any relative included in their family living with them, may have.

In the event that a member is aware that any external organisation, in which the member of the MPS and/or their spouse or civil partner (in each case not being separated from them) or any relative included in his/her family living with them has a commercial interest, is seeking to enter a commercial arrangement with or win a contract from the MPS as a result of a procurement process, they must inform their B/OCU Commander or Head of Branch immediately. The B/OCU Commander or Head of Branch should subsequently inform the Directorate of Procurement, or any other directorate as the case may be, who will then consider the appropriate steps to be taken. In any such case, the member of the MPS may be required to stand aside from any activities associated with the procurement process until such time as the process has been finalised (e.g. specifying goods and services, evaluation of tender documentation, negotiation of commercial terms, approval of award of contract) and/or whilst the subsequent contract is in force, e.g. contract management.

In addition the member of the MPS may have his/her access to confidential and commercial information related to the procurement process, subsequent contract and the provision of the relevant goods and services withdrawn.

In difficult or borderline cases, there may be a need to seek legal advice.

Annex B

MPA EMPLOYMENT AND RESTRICTIONS ON POLITICAL ACTIVITIES

1. Nothing in this Annex precludes a trade union official/representative from acting in his/her official capacity when either standing for election or canvassing on behalf of those standing for election in any recognised trade union elections.

2. As all members of police staff are employees of the Metropolitan Police Authority (MPA) under the direction and control of the Commissioner of Police, the following restrictions apply.

3. Broadly police staff are free to engage in political activities provided the following rules and restrictions are observed:

the Official Secrets Acts;
activities are confined to when not on duty, in uniform or on official premises;
compliance with relevant legislation (see paragraph 5.1); and
the following rules are observed.

4. There are three levels of political activity:

National

public announcement as a candidate or prospective MP or MEP;
holding an office in a party political organisation which impinges wholly or mainly on party politics at national or European level;
speaking in public on a matter of national political controversy;
expressing such a view in a publication; and
canvassing on behalf of a prospective MP, MEP or political party.

Local

candidature for, or co-option to, a local authority;
holding an office in a party political organisation which impinges wholly or mainly on party politics at local level;
speaking in public on a matter of local political controversy;
expressing such a view in a publication; and
canvassing on behalf of a candidate for election to a local authority or local political organisation.
Parish
local activities at parish level.#

5. Police staff are divided into three groups for the purpose of political activities (but see paragraphs 6 – 6.3 below on additional restrictions on membership of local political organisations):

All industrial staff and pay bands up to and including Band D and equivalents
Free to engage in the activities in paragraph 4 above.
All pay bands Band C to Band A and equivalents.
Free to engage, with prior permission from the B/OCU Commander/Head of Branch, in activities described in paragraph 4 above except candidature for Parliament or European Assembly, unless he/she works in:

a sensitive area such as a senior officer’s private office;

a politically sensitive or national security branch;

an area from which staff regularly speak on behalf of the Service; and

a job with significant face-to-face contact with the public so that his/her political activities could become known.

All staff not covered in groups A and B above.
Barred from national political activity, but may seek permission to take part in local/parish political activities.

6. Additional Restrictions

6.1 In addition to the restrictions set out in paragraphs 4 and 5 above, police staff may be subject to further restrictions on political activities relating to local authorities or Parliament, because MPS police staff are employees of the MPA. The MPA is deemed to be a local authority for the purposes of the Local Government and Housing Act 1989 (as amended) and so the holders of politically restricted posts, as defined in the Act, within the MPA/MPS are restricted from undertaking certain political activities. The Local Government Officers (Political Restrictions) Regulations 1990 (as amended) impose additional implied terms and conditions of employment on the holders of such politically restricted posts which principally relate to:

candidacy for election to public office;
acting as an election agent or sub-agent;
holding office or committee membership within a political party; and
canvassing on behalf of a political party or as a candidate for election to public office.

The MPA is required to maintain lists of those posts which are deemed to be politically restricted. The lists are available for public inspection.

6.2 In essence, posts which are politically restricted under the rules in paragraph 6.1 fall into the following categories:

posts which are specifically defined as politically restricted posts. There are a limited number of these and post holders are individually notified;
posts with an annual remuneration above a specified level (spine point 44 of the Local Government Officers salary scales). Currently this is £37,039 (including basic pay, location allowance and other regular allowances, but excluding overtime payments), and part-time posts for which the full-time equivalent falls into this category; and
any posts which involve giving advice on a regular basis to the MPA, to any committee or sub-committee thereof or to any joint committee on which the MPA is represented or any posts which involve speaking on behalf of the MPA on a regular basis to journalists or broadcasters.

6.3 Unless an individual comes within category A, if the post appears on the MPA maintained list you he/she make an application under Section 3 of the Local Government and Housing Act 1989 (as amended) for the post to be exempted from the list.

7. Applications for exemption should be made in writing through Line Managers, giving details of name, post within the MPS and the nature of the political activity, to:

Head of Human Resources
Metropolitan Police Authority
10 Dean Farrar Street
London
SW1H 0NY

The above should be read subject to the provisions of the Local Government and Housing Act 1989 (as amended) and the Local Government Officers (Political Restrictions) Regulations 1990 (as amended). Police staff concerned (or in doubt) about their positions should seek independent advice.

8. Any staff who take part in political activities as listed in Paragraph 4 and also taking account of Paragraph 1, should bear in mind that they are public servants employed by the MPA and under the control and direction of the Commissioner and owe the MPA a duty of fidelity. Whilst free to advocate or criticise the policy of any political party, comment should be expressed with moderation (particularly in relation to matters for which the Home Secretary, MPA or Commissioner are responsible) and personal attacks should be avoided. Staff should also take care to avoid embarrassment to the Commissioner, the MPA or the Service that could result, inadvertently or not, from actions, which bring him/her to prominent public notice through political controversy.

9. A member of police staff in the politically free group is not required to resign on adoption as a prospective candidate for Parliamentary or European Parliamentary elections, but he/she must submit his/her resignation before he/she gives consent to nomination in accordance with the relevant Parliamentary Election Rules.

Any other member of police staff, including police staff on secondment to outside organisations, must not issue an address to electors or in any other manner publicly announce himself/herself or allow himself/herself to be publicly announced as a candidate or prospective candidate for election to Parliament or the European Parliament; and he/she must resign from the MPS on his/her formal adoption as a Parliamentary or European Parliamentary candidate or prospective candidate in accordance with the procedures of the political party concerned. A member of police staff not in the politically free group who is a candidate for election must complete his/her last day of service before his/her adoption papers are completed.

10. If permission has been granted for a member of police staff to take part in political activities the permission can be withdrawn if he/she is transferred to a post where permission cannot be granted or there is any other change to the circumstances.

11. If a member of police staff resigns to stand in a general election and he/she is not elected, providing he/she is in the politically free group and he/she applies within one week of the result of the election he/she would normally be reinstated to the Service, but there can be no guarantee in this respect. If he/she is elected he/she may be reinstated if:

he/she ceases to be a member after an absence of no more than five years, provided he/she has at least 10 years service before the election and he/she applies for reinstatement within three months of ceasing to be a member.

Annex C

Roles and Responsibilities

Police Officers

ACPO ranks

Any officer of ACPO rank must not engage in any other occupation, profession, business or work, whether paid or unpaid, for any other organisation, company, firm or person without the written permission of the Chief Executive and Clerk to the Authority (MPA). Therefore any proposed business interest or secondary employment must be notified to the Chief Executive and Clerk to the Authority, via the Director of HR.

The officer will:

Use Form 6005 to notify a new business interest, or of a change to an existing one;
Fully outline details of the business interest, including the name of the business, address, telephone numbers, web sites, email addresses, the job title, the duties, the job activities, the location of the activity, the number of average hours per week to be worked and whether the company trades with the MPS;
Ensure that all relevant earnings are declared to HM Revenue and Customs and take advice from them;
Ensure that Form 6005 is placed on an OG18 registered file, which should be requested by the local HR Unit from Records Management Branch;
Ensure all actions and correspondence are placed on the OG18 file; and
Forward the file through the local HR Unit and HR Directorate HR Unit to the Director of Human Resources or in the Director’s absence a nominated AC.

The local HR Unit will:

Request an OG18 file for the officer;
On receipt of the completed OG18 file, update MetHR before forwarding the file to the HR Directorate HR Unit;
After the Chief Executive and Clerk to the Authority’s decision, note the officer's personal file and MetHR;
Inform the officer of the Chief Executive and Clerk to the Authority’s decision and remind them of the declaration that they agreed to when signing Form 6005;
Bring forward (BF) the file for a year by returning it to Records Management Branch stating a BF date;
The following year, forward the file containing a copy of Form 6006 to the Director of HR or in the Director’s absence a nominated AC, for the interest to be reviewed. If the officer is no longer working at the location, the file must be forwarded to the relevant local HR Unit for action;
Ensure that all paperwork in relation to the business interest is kept on the OG18 registered file; and
Ensure the OG18 file is returned to Records Management Branch after the end of the process.

The Director of HR will:

Make a recommendation on the compatibility/incompatibility of the proposed business interest to the Chief Executive and Clerk to the Authority;
Forward the OG18 file to the Chief Executive and Clerk to the Authority; and
Upon the return of the OG18 file forward it to the local HR Unit.

Officers below ACPO Rank

The officer will:

Use Form 6005 to notify the Director of Human Resources or in the Director’s absence a nominated AC of a new business interest, or of a change to an existing one;
Fully outline details of the business interest, including the name of the business, address, telephone numbers, web sites, email addresses, the job title, the duties, the job activities, the location of the activity, the number of average hours per week to be worked and whether the company trades with the MPS;
Ensure that all relevant earnings are declared to HM Revenue and Customs and take advice from them;
Ensure that Form 6005 is placed on an OG18 registered file, which should be requested by the local HR Unit from Records Management Branch;
Ensure all actions and correspondence are placed on the OG18 file;
Forward the file through the Line Manager, SMT single point of contact, local HR Unit and HR Directorate HR Unit to the Director of Human Resources or in the Director’s absence a nominated AC for an informed decision to be made on the compatibility/incompatibility of the proposed business interest; and
Must seek authority from the SMT single point of contact to continue undertaking the business interest when absent from duty as a result of sickness, when on recuperative duties or when suspended from duty.

The line manager will:

Consider the application;
Check that there is sufficient information in the notification Form 6005 to allow the Director of Human Resources or in the Director’s absence a nominated AC to make an informed decision on the compatibility of the interest, and to complete Section G of the form;
Bring to the attention of the Director of Human Resources or in the Director’s absence a nominated AC any other factors relevant to the officer’s current role that may make the proposed business interest incompatible;
Forward the notification to the Director of Human Resources or in the Director’s absence a nominated AC through the SMT single point of contact, the local HR Unit and the HR Directorate HR Unit;
Remind the officer of his/her responsibilities under the HSWA, the responsibility to be fit for duty when attending for work and The Working Time Regulations. The officer should be asked to sign to the effect that he/she is aware of these responsibilities and agree not to engage in the business interest in a manner or degree incompatible with his/her compliance with the MPS Health and Safety Policy. This declaration is incorporated within the notification Form 6005. The notification from the Director of Human Resources or in the Director’s absence a nominated AC confirming compatibility of the interest, will also remind the officer of these responsibilities and should be placed on the OG18 file;
Forward the completed file to the SMT single point of contact for noting;
On an annual basis, prompted by the HR Unit, confirm that the business interest remains current and as originally notified (Form 6006, which can be found on the MPS Forms Database Intranet site, should be used for this purpose);
In the event of a significant change, ensure that the officer submits a new notification of a business interest to the Director of Human Resources or in the Director’s absence a nominated AC, and that records are noted accordingly;
Note any periods of absence/sickness/recuperative duties and inform the SMT single point of contact for a local decision as to whether the member of staff can continue with the business interest while absent from work or on recuperative duties, communicate the decision and record the outcome;
Report any suspected abuse to the Directorate of Professional Standards reception desk;
Report any continuous period of sickness absence of more than 28 days to the Directorate of Professional Standards reception desk; and
In the event of the member of the Service transferring to another B/OCU/Branch, recall the OG18 file and forward it to the new B/OCU/Branch for the new Line Manager to review.

The SMT single point of contact will:

Ensure that all appropriate action as above has been undertaken by the Line Manager;
Note whether the officer is long term sick or on recuperative duties and the possible impact of the business interest;
Make any further representations where appropriate; and
Countersign Form 6005 and forward the OG18 file to the local HR Unit.

The local HR unit will:

Request an OG18 file for the officer;
On receipt of the completed OG18 file, update MetHR before forwarding the file to the HR Directorate HR Unit;
After the Director of Human Resources or in the Director’s absence a nominated AC’s decision, note the officer's personal file and MetHR;
Inform the officer of the Director of Human Resources or in the Director’s absence a nominated AC’s decision and remind them of the declaration that they agreed to when signing Form 6005;
Bring forward (BF) the file for a year by returning it to Records Management Branch stating a BF date;
The following year, forward the file containing a copy of Form 6006 to the officer's Line Manager, via the SMT single point of contact, for the interest to be reviewed. If the officer is no longer working at the location, the file must be forwarded to the relevant local HR Unit for action;
Ensure that all paperwork in relation to the business interest is kept on the OG18 registered file; and
Ensure the OG18 file is returned to Records Management Branch after the end of the process.

In the event that it is suspected that there is any abuse of this process or that there is evidence of the officer’s role within the Service not being undertaken to an acceptable standard the matter must be fully investigated. Once an investigation has been carried out the B/OCU Commander or Head of Branch will consider the evidence and reconsider whether the business interest or secondary employment remains compatible. In addition consideration will be given to invoking the inefficiency procedures where applicable. It should be noted that any abuse of the process may result in disciplinary action being taken.

Police staff

If the MPS continues to be his/her main employer, payroll rather than his/her other employer will operate his/her tax code. But he/she must inform his/her tax office that he/she has two jobs. If the MPS is not his/her main employer, he/she will be placed on a basic rate tax code by payroll.

Senior police staff (Senior Pay Bands SPS4 and above)

Any member of police staff who falls within the Senior Pay Bands (SPS4 and above) must not engage in any other occupation, profession, business or work, whether paid or unpaid, for any other organisation, company, firm or person without the written permission of the Chief Executive and Clerk to the Authority (MPA). Any proposed business interest or secondary employment must be proposed, via the Director of HR, to the Chief Executive and Clerk to the Authority.

The member of senior police staff will:

Use Form 6005 to notify a new business interest, or of a change to an existing one;
Fully outline details of the business interest, including the name of the business, address, telephone numbers, web sites, email addresses, the job title, the duties, the job activities, the location of the activity, the number of average hours per week to be worked and whether the company trades with the MPS;
Ensure that all relevant earnings are declared to HM Revenue and Customs and take advice from them;
Ensure that Form 6005 is placed on a CS26 registered file, which should be requested by the local HR Unit from Records Management Branch;
Ensure all actions and correspondence are placed on the CS26 file; and
Forward the file through local HR Unit and HR Directorate HR Unit to the Director of HR or in the Director’s absence a nominated AC.

The local HR Unit will:

Request a CS26 file for the member of police staff;
On receipt of the completed CS26 file, update MetHR before forwarding the file to the HR Directorate HR Unit;
After the Chief Executive and Clerk to the Authority’s decision, note the officer's personal file and MetHR;
Inform the officer of the Chief Executive and Clerk to the Authority’s decision and remind them of the declaration that they agreed to when signing Form 6005;
Bring forward (BF) the file for a year by returning it to Records Management Branch stating a BF date;
The following year, forward the file containing a copy of Form 6006 to the Director of HR or in the Director's absence a nominated AC, for the interest to be reviewed. If the officer is no longer working at the location, the file must be forwarded to the relevant local HR Unit for action;
Ensure that all paperwork in relation to the business interest is kept on the CS26 registered file; and
Ensure the CS26 file is returned to Records Management Branch after the end of the process.

The Director of HR will:

Make a recommendation on the compatibility/incompatibility of the proposed business interest to the Chief Executive and Clerk to the Authority;
Forward the CS26 file to the Chief Executive and Clerk to the Authority; and
Upon the return of the CS26 file forward it to the local HR Unit.

Members of police staff in all other pay bands

The member of police staff will:

Use Form 6005 to notify the B/OCU Commander or Head of Branch of a business interest or secondary employment, or of a change to an existing one;
Fully outline details of the business interest or secondary employment, including the name of the business, address, telephone numbers, web sites, email addresses, the job title, the duties, the job activities, the location of the activity, the number of average hours per week to be worked and whether the company trades with the MPS;
Ensure that all relevant earnings are declared to HM Revenue and Customs and take advice from them; and
Must seek authority from the B/OCU Commander or Head of Branch to continue undertaking the business interest/secondary employment when absent from duty as a result of sickness, when on recuperative duties or when suspended from duty.

The line manager will:

Consider the application;
Request a CS26 file for the member of police staff;
In cases of doubt as to the compatibility of the business interest or secondary employment, the Line Manager will seek clarification from the Practice Support Team within HR Services;
Bring to the attention of the B/OCU Commander or Head of Branch any other factors relevant to the member of police staff’s current role that may make the proposed business interest or secondary employment incompatible;
Once a decision has been made as to the compatibility of the business interest or secondary employment by the B/OCU Commander or Head of Branch the Line Manager will advise the member of police staff of the outcome of their application in writing;
Arrange for MetHR to be updated, inform the local HR Unit and arrange for notification to be placed on the personal file cross referenced to the CS26 file;
Bring forward (BF) the file for a year by returning it to Records Management Branch stating a BF date;
The following year, obtain the file, place a copy of Form 6006 on the file and review the business interest or secondary employment to ensure continued compatibility. If the member of police staff is no longer working at the location, the file must be forwarded to their new Line Manager to review;
In the event of a significant change, ensure that the member of police staff submits a new notification of a business interest or secondary employment;
Ensure that all paperwork in relation to the interest is kept on the CS26 registered file, ensure that MetHR is updated and notification placed on their personal file cross referenced to the CS26 file;
Ensure the CS26 file is returned to Records Management Branch after the end of the process; and
In the event that it is suspected that there is any abuse of this process or that there is evidence of the member of police staff’s role within the Service not being undertaken to an acceptable standard the matter must be fully investigated. Once an investigation has been carried out the B/OCU Commander or Head of Branch will consider the evidence and reconsider whether the business interest or secondary employment remains compatible. In addition consideration will be given to invoking the inefficiency procedures where applicable. It should be noted that any abuse of the process may result in disciplinary action being taken.

Annex D

Appeals Process for Police Officers

The Line Manager will notify the officer of the decision regarding compatibility within 28 days of receipt of the notification from the officer;
An officer has the right of appeal to the Metropolitan Police Authority (MPA) against the decision of the Director of Human Resources or in the Director’s absence a nominated AC within ten days of receiving notification of the decision;
On receipt of the appeal the MPA will ask the Director of Human Resources or in the Director’s absence a nominated AC to provide written reasons for his decision and copies of any documents supporting the decision. These will be forwarded to the officer concerned who will be afforded reasonable time to comment (no less than 14 days);
The MPA will give written notice of its determination of the appeal to the officer within 28 days of receiving the officer's comments; and
If the decision of the Director of Human Resources or in the Director’s absence a nominated AC is upheld the officer may appeal in writing to the Secretary of State within ten days.

Appeals Process for Police Staff

The Line Manager will notify the member of police staff of the decision regarding compatibility within 28 days of receipt of the notification from the member of police staff;
A member of police staff has the right to appeal against the decision that a business interest or secondary employment is incompatible with that of being a member of the MPS, and must do so within 10 days of being informed of the incompatibility;
The appeal must be sent to the B/OCU Commander or Head of Branch;
On receipt of the appeal the B/OCU Commander or Head of Branch will collate all the paperwork relating to the business interest or secondary employment, including the written reasons for the decision of incompatibility. These will be forwarded to the member of police staff concerned who will be afforded reasonable time to comment (no less than 14 days);
The B/OCU Commander or Head of Branch will forward the appeal to the Business Group Business Manager;
The Business Group Business Manager will inform the member of police staff of the outcome of the appeal within 28 days of receiving the member of police staff’s comments by way of a letter; and#
If the decision of the B/OCU Commander or Head of Branch is upheld the member of police staff may appeal in writing to the Director of HR Strategy (Employee Relations and Well-being) within ten days.

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