Regulation 24(2) Police Regulations 2003

Dear Mr Old,

Freedom of Information Request Reference No: 2009020002184
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 6 February 2009. I note you
seek access to the following information:

"My enquiry relates to your force policy for the situation where an
officer has been “temporarily promoted” to a higher rank (i.e. is
not “acting-up”, thereby receiving a “temporary salary” as
provided for in Annex I to Regulation 27 of the Police Regulations
2003), has in due course reverted to his or her substantive rank, and
has subsequently been promoted again (whether substantively or again
only temporarily). My request is for: (a) any force policy or
procedure document from which it would be determined whether such an
officer’s salary would take account of that previous period in the
higher rank – in accordance with Reg.24(2) – or would
alternatively be re-started back at the lowest salary scale point for
the higher rank, at the commencement of each and every period of
service in that higher rank; and... (b) any force policy or procedure
document that reported, considered or reviewed the implications of the
decision in Gill v Chief Constable of Merseyside [Liverpool County
Court, judgement given on 28 August 2007], in which unequivocal
judgement was given against Merseyside Police by HH Judge Platts
because the latter procedure (as referred to above) is unlawful and
does not comply with Regulation 24(2)."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact K.Simmons via the e-mail address at the top of this
letter,quoting the reference number above.

Yours sincerely

K.Simmons
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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Dear Mr. Old

Freedom of Information Request Reference No: 2009020002184

I write in connection with your request for information, which was
received by the Metropolitan Police Service (MPS) on 06/02/2009. I note
you seek access to the following information:

QUESTION
My enquiry relates to your force policy for the situation where an officer
has been ***temporarily promoted*** to a higher rank (i.e. is not
***acting-up***, thereby receiving a ***temporary salary*** as provided
for in Annex I to Regulation 27 of the Police Regulations 2003), has in
due course reverted to his or her substantive rank, and has subsequently
been promoted again (whether substantively or again only temporarily).

My request is for:
(a) any force policy or procedure document from which it would be
determined whether such an officer***s salary would take account of
that previous period in the higher rank *** in accordance with Reg.24(2)
*** or would alternatively be re-started back at the lowest salary scale
point for the higher rank, at the commencement of each and every period of
service in that higher rank; and...

(b) any force policy or procedure document that reported, considered or
reviewed the implications of the decision in Gill v Chief Constable of
Merseyside [Liverpool County Court, judgement given on 28 August 2007], in
which unequivocal judgement was given against Merseyside Police by HH
Judge Platts because the latter procedure (as referred to above) is
unlawful and does not comply with Regulation 24(2).

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
within Human Resources.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to:

* Disclose records numbered 1 in full;
* Unable to answer question 2 as No Information is Held by the MPS

Please find attached your copies of records.

The Police Negotiating Board (PNB) website publishes a circular
relating to Acting up, Temporary Promotion and CRTP and Pension
arrangements:

http://www.lge.gov.uk/lge/aio/413360

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached
paper entitled Complaint Rights which explains how to make a
complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7161 0579 or at the address at the top of this
letter, quoting the reference number above.

Yours sincerely

James Dowman
FOI Manager/Analyst

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information,
the Metropolitan Police Service will not breach the Copyright, Designs
and Patents Act 1988. However, the rights of the copyright owner of
the enclosed information will continue to be protected by law.
Applications for the copyright owner's written permission to
reproduce any part of the attached information should be addressed to
MPS Directorate of Legal Services, 1st Floor (Victoria Block), New
Scotland Yard, Victoria, London, SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think
the decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision
of the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision you may make application to the Information
Commissioner for a decision on whether the request for information has
been dealt with in accordance with the requirements of the Act.

For information on how to make application to the Information
Commissioner please visit their website at
www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections