Contents

Report 6 of the 19 July 2007 meeting of the Professional Standards & Complaints Committee and outlines the proposed stance of the MPS on business interests, secondary employment and political activities for both police officers and police staff and the procedures to be followed when seeking authority for such an activity.

Business interests, secondary employment and political activities

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See the MOPC website for further information.

Business interests, secondary employment and political activities

Report: 6
Date: 19 July 2007
By: Director of Human Resources on behalf of the Commissioner

Summary

The paper outlines the proposed stance of the Metropolitan Police Service (MPS) on business interests, secondary employment and political activities for both police officers and police staff and the procedures to be followed when seeking authority for such an activity.

A. Recommendations

That

members note the report and the proposed standard operating procedure in respect of business interests, secondary employment and political activities; and
contribute to the on-going consultation process.

B. Supporting information

Introduction

1. In 2003-2004 the Metropolitan Police Service (MPS) carried out a major review of all its policies and associated standard operating procedures and as a result they were all amended as necessary and republished. In accordance with the Race Relations Amendment Act 2000 there is a requirement for all policies to be reviewed at least every three years.

2. As part of the current review being undertaken, the opportunity has also been taken to rationalise the number of HR policies from a total of 35 to 15. This includes bringing together the policy in respect of officers and the entries in relation to police staff from the Civil Staff Personnel Manual, which is being decommissioned.

3. The Staff Officer to the Director of Human Resources commissioned a report in respect of business interests in November 2006 as a result of which a number of recommendations were made as follows:

The use of the rubber stamp for the signature of ACTP is ended with immediate effect;
The Director of Human Resources should retain overall responsibility for the business interest policy and for decisions on compatibility, but consider delegation of the day-to-day task to DAC HR;
Urgent attention is given by the Director of Human Resources and the Metropolitan Police Authority (MPA) to streamlining both the notification and appeals processes so as to comply with statutory limits and therefore avoid potential claims from applicants;
That the Director of Human Resources, in conjunction with Management Board colleagues and the MPA, gives due consideration to instigating an amnesty period for business interests in spring 2007;
That an up-to-date list of business interest types deemed incompatible is compiled and agreed by stakeholders and based on appeal cases from all Home Office forces as determined by the Home Secretary;
Consideration be given to a central business interest unit under Transforming HR and a paperless application process that is sufficiently robust to allow audit trails; and
That the OG18 docket is created and submitted to the Assistant Commissioner for all cases where applicants indicate that they have business interests. A decision of incompatibility for any business interest should therefore inform the decision on whether or not to accept the applicant into the MPS.

4. In January 2007, the Commander of the Directorate of Professional Standards (DPS) commissioned a report to review all aspects of business interests from a Professional Standards perspective and to make recommendations for procedural change. The report made the following recommendations:

That members of the MPS with a business interest should be required to submit a formal request to the Operational Command Unit (OCU) Commander for permission to continue with their business interest whilst on sick leave;
Instances where officers with business interests are sick for more than 21 continuous days or a culmination of 40 days within a 12-month period should attract automatic DPS referral investigation;
That the DPS Strategic Desk should supply the Director of Human Resources and HR Managers with a bi-annual briefing document that highlights current issues that relate to business interests;
That the business interests application form (Form 6005) should be revised and should request more information. It should include an undertaking to inform Her Majesty’s Customs and Revenue of any additional income derived from the business interest and comply with any income tax liability;
That all applications must contain a restriction of the maximum amount of hours to be employed each month in respect of the business interest;
That the application process should include details of the training or qualifications accrued by the officer in relation to the authorised business interest; and
A programme to raise awareness of the correlation between business interests and professional standards issues should be implemented.

Law and practice

5. Sections 7-8 of The Police Regulations 2003 (the Regulations) require serving police officers to notify their chief officer of any business interests that they may have, or propose to have. They are not required to do so if the business interest was disclosed at the time of appointment to the force. In addition if a member of a police force is or becomes aware that a relative included in his family proposes to have, or has, a business interest within the meaning of this regulation which in the opinion of the member interferes, or could be seen as interfering, with the impartial discharge of his duties, then that member shall forthwith give written notice to the chief officer unless that business interest has been previously disclosed.

6. A business interest is defined within the Regulations (Section 8(a)) as any office or employment for hire or gain, or carries on any business. Section 8(c), relates to licensed premises and refers to the member, or any relative included in his family living with him holds, or possesses a pecuniary interest in any such licence or permit and relates to any licence or permit 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. However, the Regulations do not set down guidelines for chief officers as to which business interests are likely to be deemed incompatible with being an officer. The general assumption, however, is that business interests likely to be deemed incompatible are those that closely mirror a police activity, such that a member of the public might assume the officer was acting in an official capacity.

7. The need to formally register business interests according to the Regulations is currently confined to warrant holding officers and does not apply to special constables, police community support officers, police staff or members of the wider MPS community. The Regulations have the status of secondary legislation, but form the basis for lawful orders and breaches of them can be considered to be disciplinary offences. As such, they should be considered in association with the Police (Conduct) Regulations 2004, Schedule 1 of which sets down the principles for officers’ conduct.

8. The Working Time Regulations 1998 provide legal justification for imposing a condition of a maximum number of hours on a business interest. In the case of inspecting ranks, for example, working hours should average 40 hours per week over a 17-week period and in the case of police staff an average of 48 hours per week over a 17-week period.

9. 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 MPS 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. This is reflected in the MPS Health and Safety Policy.

10. When a decision is made in respect of a business interest or secondary employment it needs to be within the framework of the Human Rights Act 1998. Article 8 of the Act 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). The six justifiable interference exceptions in Article 8(2) are:

In the interests of national security;
Public safety;
The economic well being of the country;
The prevention of disorder or crime;
The protection of health and morals; and
The protection of the rights and freedoms of others.

11. Of the six justifiable interference exceptions the most likely to be relevant are the interests numbered 4, 5 and 6 at paragraph 10. The first two purposes may justifiably be secured by ensuring that members of the MPS are not exposed to opportunities for the commission of crime or collusion with criminals, and that their independence of action and integrity are protected. The purpose of protecting health and morals supports action taken to ensure the health and safety and moral welfare of individual members of the MPS, or of others who may be affected by their actions.

Business interest data

12. As at 8 December 2006, 2,756 business interests had been registered on MetHR (the personnel computer system) in respect of officers (data for police staff is not available) and of those the most common are as follows:

Consultancy
Driving/chauffeur
Film/TV extra
Property
Selling
Sport
Training
Other

13. The breakdown of business interests by rank is as follows:

DAC – 1
Commander – 0
Chief Superintendent – 13
Detective Chief Superintendent – 8
Superintendent – 27
Detective Superintendent – 19
Chief inspector – 36
Detective Chief Inspector – 45
Inspector – 161
Detective Inspector – 68
Police Sergeant – 447
Detective Sergeant – 152
Police Constable – 1449
Detective Constable – 329

It should be noted that some officers have more than one business interest.

14. The DPS research undertaken during the compilation of their report shows that over the last three calendar years there has been an increase of 35% in the registration of business interests by officers. The breakdown by year is as follows:

2004 – 687
2005 – 708
2006 – 928

15. The research has also shown that over the same period (2004 – 2006) there has been an increase of 158% in the number of intelligence reports received concerning business interests. The breakdown by year is as follows:

2004 – 24
2005 – 21
2006 – 62

16. During the three-year period from 2004 – 2006, 16 business interest applications from officers were deemed to be incompatible. The breakdown of those business interests is as follows:

Match day steward – 3
Premier licensing consultant – 1
Interpreter/translator – 1
Trainee solicitor – 1
Consultant re firearms licensing – 1
Tour guide – 2
Agent for finance company – 1
Financial recovery business – 1
Driving instructor – 1
Taser instructor – 2
Security consultant – 1
Ad hoc driving duties – 1

Of the 16 refused applications, three applicants appealed to the MPA (one appeal was upheld, one was dismissed and the third is currently still under consideration).

17. The DPS report states that the current rise in members of the MPS applying for flexible working or compressed hours will continue to mirror the same trend in the private sector and that this may well result in an increase in business interest applications. In addition it is stated that the drive to cut organisational spending and a climate of stifled career advancement are likely to result in less income (overtime and promotion) for members of the MPS and an increase in the time available to pursue activities outside the MPS. They consider that this, combined with the rising cost of living in London, will inevitably result in members of the MPS searching for innovative ways of supplementing their income.

Recruitment

18. During the recruitment process for new officers, candidates are required to provide details of any business interests that they may have within their application form. In particular, they are required to provide details of the nature of the business, the extent of their involvement and the hours committed to the venture. They are also required to provide details of involvement in running or owning any business that requires a licence.

19. When the candidates attend for their Day 2 assessment they are provided with a declaration form whereby they are required to declare any business interests and provide specific details and the extent of their involvement. The declaration form contains a definition of a business interest within the meaning of the Regulations.

20. On the day that successful applicants join the MPS they are once again required to complete a declaration to confirm that nothing has changed since the completion of the business interest form at their Day 2 assessment.

21. When a candidate declares a business interest the Recruitment Manager assesses whether it is compatible with the role of an officer and whether it supports the values of the MPS. To assist in the decision making process reference is made to the AskHR intranet site (this site contains all HR policies) and this specifically details Regulations 7-8 of the Police Regulations 2003.

22. In any case where it is considered that the business interest is either incompatible with the role of an officer, or where it directly conflicts with the values of the MPS, the Recruitment Manager will either advise the candidate to discontinue the business interest or reject the application. All business interests that are deemed to be compatible are recorded on MetHR.

23. The Head of Police Recruitment within the HR Recruitment Directorate has identified the following improvements to the process:

The existing guidance provided on AskHR needs to be reviewed to include a more comprehensive list of compatible/incompatible business interests;
The authority level for approving a business interest should sit at Senior Recruitment Manager level; and
A review date should be entered on MetHR.

Senior police staff and Association of Chief Police Officers (ACPO) ranks

24. Senior police staff within the senior pay bands Premier, 1, 2, 3 and 4 are required to seek authority to engage in any other occupation, profession, business or work, whether paid or unpaid, for any other organisation, company, firm or person by submitting a written application to the Chief Executive and Clerk to the Authority (MPA). In addition, it is understood that officers of ACPO rank are also required to seek the authority of the Chief Executive and Clerk to the Authority for any business interests that come under Sections 7-8 of the Regulations.

25. It is considered that this requirement should continue and that in addition they should be required to notify the MPS in order to allow accurate records to be maintained.

Current arrangements for police staff

26. The current arrangements for police staff who wish to undertake either a business interest or secondary employment differ from those for officers by virtue of the fact that the decision as to compatibility or incompatibility is made by the relevant line manager, whereas for officers it is made by an Assistant Commissioner (AC). It is proposed to change the process in respect of officers to reflect that either an AC or the Director of Human Resources (DoHR) can make the decision in respect of the compatibility of a business interest. In addition, it is proposed to change the process for police staff so that the Borough Operational Command Unit/Operational Command Unit (BOCU/OCU) Commander makes the decision in respect of compatibility or incompatibility and that a registered file will be used for police staff applications.

Political activities

27. The rules governing political activities are owned by the MPA. Under Regulations, officers are not permitted to take part in any political activity. Police staff are not totally barred from undertaking political activities and the MPA rules have been redrafted in association with the Deputy Chief Executive of the MPA to more clearly define who can and cannot undertake political activities.

Reviews

28. All officers who have been granted authority to undertake a business interest or secondary employment are required, on an annual basis, to inform the MPS whether or not they are still pursuing the business interest or secondary employment and whether or not they have changed in any way. They are required to complete a Form 6006 for this purpose. It is proposed that an annual review will continue to be undertaken and that this will include police staff.

Proposed standard operating procedure

29. The proposed standard operating procedure takes account of the findings contained within both the report commissioned by the Staff Officer to the Director of Human Resources and the DPS report. It brings into line officers and police staff and makes them subject to the same rules in relation to business interests and secondary employment. In addition, it gives examples of compatible and incompatible business interests and secondary employments and points out that failure to comply with the requirements laid down may result in disciplinary action. A copy of the draft standard operating procedure is attached at Appendix 1.

Consultation

30. The draft standard operating procedure is currently subject to an internal consultation process in the MPS. Meetings have taken place with the unions and further meetings are due to be held. As part of the process the draft has been referred to the MPS Directorate of Legal Services for their view of the proposed rules from a legal stand point. The MPA Professional Standards and Complaints Committee are invited to participate in this process. Following the completion of the consultation process and any subsequent amendments to the standard operating procedure it will be referred to the MPS Management Board for approval.

C. Race and equality impact

1. No race or equality implications have been identified at this stage.

D. Financial implications

1. There are no specific financial implications arising from this report.

E. Background papers

The Business Interests of MPS Police Officers
The Business Interests of MPS Employees – A Professional Standards Perspective

F. Contact details

Report author(s): Glynn Bailey, HR Policy and Co-ordination Manager, Employee Relations Unit, HR Services, MPS

For more information contact:

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

Appendix 1

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

Introduction

The following guidance supports the Work Life Balance Policy which 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
Police staff
Line Managers
Senior Management Teams
Assistant Commissioner
Director of Human Resources
BOCU Commanders
OCU Commanders
Heads of Branches
Business Group Business Managers
Director of HR Services
ACPO
Senior Pay Bands Premier, 1, 2, 3 and 4

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

Standard Operating procedure details

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, their spouse or civil partner (in each case not being separated from them) or any relative included in his family living with them 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 their 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.

Whilst there are no regulations governing police staff in respect of business interests, it is considered that the definition of a business interest for police officers is also suitable for police staff.

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 compatible and incompatible business interests and secondary employment are at Annex A.

Police Staff Senior Pay Bands and ACPO Ranks

Any member of police staff who falls within the Senior Pay Bands Premier, 1, 2, 3 and 4 and 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 business interest or secondary employment must be notified 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 provided they:

observe the Official Secrets Act
confine their activities to times when they are not on duty
observe the following guidance
comply with relevant legislation

The MPA Employment and Restrictions on Political Activities are at Annex B.

Business interests and secondary employment in the Metropolitan Police Service

Members of the MPS cannot carry out their business interests or secondary employment or advertising of such on police premises, or during working hours, nor may they use MPS equipment such as telephones, faxes, computers, paper supplies, transport or other technical equipment and so on, to further their business interests or secondary employment, nor should any undue pressure be placed upon colleagues to buy or rent. All members of the Service should be made aware that both the telephony and computer systems may be monitored at any time and it will be deemed that all users of the systems have consented to this.

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.

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 deciding upon the compatibility in respect of an application from a police officer, the AC or the Director of Human Resources 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.

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 members of the Service are free to make whatever use they may choose of their own time, consistent with their position as members of the MPS, this is subject to an individual responsibility not to do so in such a way, or to an extent, that they are 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 their 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, they will be required to sign to the effect that they are aware of these responsibilities and agree not to engage in the business interest or secondary employment in a manner or degree incompatible with their 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, having been granted authority to undertake a business interest or secondary employment, a member of the Service attends for duty in an unfit state or they are unable to discharge their duty as required in a safe manner and without detriment to their own health or the health of others, the matter will be fully investigated. If, as a result of the investigation, it is found that they are unable to undertake their duties as a result of their business interest or secondary employment the authority, previously granted, is likely to be rescinded.

When considering whether a business interest or secondary employment is compatible, consideration should be given to The Working Time Regulations 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 both the integrity and legal 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 given authority for 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 authorisation has been refused 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.

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 HR Policy Development Unit.

This standard operating procedure will be reviewed by the HR Policy Development Unit

Associated Documents and Policies

Work Life Balance 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)

Annex A – Examples of Compatible and Incompatible Business Interests and Secondary Employment

Examples of business interests and secondary employment, which are likely to be found compatible, are as follows:

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.;
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, 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; or
directorship of a company unless the business of the company falls within the examples listed below under incompatibility. It should be noted that a directorship of a body such as City Challenge is not regarded as a business interest, provided being a director is part of your official duties and no remuneration is received. The Commissioner is liable for any act or omission on the part of the member of the Service whilst they are undertaking their official duties. As such, no indemnity is necessary for any such directorship.

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 they 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 they can be spared. The time off should be taken as annual leave.

The above list is not exhaustive and each case will be considered on its merits.

Examples of business interests and secondary employment likely to be found to be incompatible are as follows:

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 their behalf;
steward at a sporting event (applicable to police officers, PCSOs and special constables or any other members of the MPS who have a front line interface with members of the public);
consultant/instructor on firearms/taser (applicable to police officers or any other members of the Service who have received MPS firearms training);
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

It is incumbent upon members of the MPS to identify to the MPS, any business interest, secondary employment, directorship or significant shareholding in a company, they and/or their 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 their 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 BOCU/OCU Commander or Head of Branch immediately. The BOCU/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 their access to confidential and commercial information related to the procurement process, subsequent contract and the provision of the relevant goods and services withdrawn.

The above list is not exhaustive and each case will be considered on its merits.

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

Annex B – MPA Employment and Restrictions on Political Activities

1. 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:

2. Broadly police staff are free to engage in political activities provided the following are observed:

the Official Secrets Acts;
activities are confined to when not on duty, in uniform or on official premises; and
the following rules are observed.

3. 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.

4. Police staff are divided into three groups for the purpose of political activities (but see paragraphs 5 – 5.3 below on additional restrictions on membership of local political organisations):

A. All industrial staff and all pay bands below Band D and equivalents
Free to engage in the activities in paragraph 3 above.
All pay bands below Band A and equivalents.
Free to engage, with prior permission from the BOCU/OCU Commander/Head of Branch, in activities described in paragraph 3 above except candidature for Parliament or European Assembly, unless you work 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 your 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.

5. Additional restrictions

5.1 In addition to the restrictions set out in paragraphs 3 and 4 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.

5.2 In essence, posts which are politically restricted under the rules in paragraph 5.1 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.

5.3 Unless you come within category A, if your post appears on the MPA maintained list you may 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.

6. 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:

Nicholas Toko
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.

7. Any staff who take part in political activities as listed above should bear in mind that they are public servants employed by the MPA and under the control and direction of the Commissioner. They 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 them to prominent public notice through political controversy.

8. Even if a member of police staff is free to announce his/her intention to become a candidate for election to Parliament or the European Assembly he/she must resign from the Service before consenting to nomination for either Parliament or the European Assembly. If they are in the intermediate or restricted groups they must resign before their formal adoption as a candidate for either Parliament or the European Assembly.

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

10. If a member of police staff resigns to stand in a general election and they are not elected, providing they are in the politically free group and they apply within one week of the result of the election they may be reinstated to the Service. If they are elected they may be reinstated if:

they cease to be a member after an absence of no more than five years, provided they have at least 10 years service before the election and they apply for reinstatement within three months of ceasing to be a member.

Annex C - Roles and responsibilities

Police Officers

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 business interest or secondary employment must be notified to the Chief Executive and Clerk to the Authority.

The officer will:

Use Form 6005 to notify the AC or the Director of Human Resources 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. In addition provide details of any persons employed by the member of the Service for employment within their business interest;
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 line manager, SMT single point of contact, local HR unit and HR Directorate HR Unit to the AC or the Director of Human Resources for an informed decision to be made on the compatibility/incompatibility of the proposed business interest.

The line manager will:

Consider the application;
Check that there is sufficient information in the notification Form 6005 to allow the AC or the Director of Human Resources 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 AC or the Director of Human Resources any other factors relevant to the officer’s current role that may make the proposed business interest incompatible;
Forward the notification to the AC or the Director of Human Resources through the SMT single point of contact, the local HR unit and the HR Directorate HR Unit;
Remind the officer of their responsibilities under the HSWA and 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 they are aware of these responsibilities and agree not to engage in the business interest in a manner or degree incompatible with their compliance with the MPS Health and Safety Policy. This declaration is incorporated within the notification Form 6005. The notification from the AC or the Director of Human Resources 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 AC or the Director of Human Resources, and that records are noted accordingly;
Note any periods of absence/sickness and inform the nominated member of the SMT for a local decision as to whether the member of staff can continue with the business interest while absent from work, communicate the decision and record the outcome;
Report any suspected abuse to the Directorate of Professional Standards reception desk;
Report any continuous period of 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 BOCU/OCU/Branch, recall the OG18 file and forward it to the new BOCU/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 AC’s or the Director of Human Resources’ decision, note the officer's personal file and MetHR;
Inform the officer of the AC’s or the Director of Human Resources’ 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 it is returned to Records Management Branch after the end of the process.

Police Staff

Any member of police staff who falls within the Senior Pay Bands Premier, 1, 2, 3 and 4 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 business interest or secondary employment must be notified to the Chief Executive and Clerk to the Authority.

If the MPS continues to be your main employer, payroll rather than your other employer will operate your tax code. But you must inform your tax office that you have two jobs. If the MPS is not your main employer, you will be placed on a basic rate tax code by payroll.

The member of Police Staff will:

Use Form 6005 to notify the BOCU/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; and
Ensure that all relevant earnings are declared to HM Revenue and Customs and take advice from them.

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 BOCU/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 BOCU/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 and notification placed on their 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 it 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 BOCU/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 AC or the Director of Human Resources within ten days of receiving notification of the decision;
On receipt of the appeal, the MPA will ask the AC or the Director of Human Resources 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 AC or the Director of Human Resources 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 BOCU/OCU Commander or Head of Branch;
On receipt of the appeal the BOCU/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 BOCU/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 BOCU/OCU Commander or Head of Branch is upheld the member of police staff may appeal in writing to the Director of HR Services within ten days.

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