Unlawful cessation of payment of CRTP to officers

NOT PROTECTIVELY MARKED

Dear Mr Old

I write in connection with your request for information dated 13 November
2009 in which you seek access to the following information:

Part 9 of Annex `F' (a Determination for Regulation 24 of the Police
Regulations 2003) sets out the procedure for the payment of Competence
Related Threshold Payment (`CRTP') to police officers up to the rank of
Chief Inspector. Paragraphs 1 to 6 set out the entitlement for this
payment, and paragraphs 7, 8 and 9 set out the circumstances in which
payment may be ceased, i.e. re-assessment due to concerns with respect to
the maintenance of high professional standards by a member in receipt of
the payment, promotion to a higher rank, and temporary promotion to a
higher rank, respectively.

There are no provisions in the Determination, or under any other statute,
that make it lawful for payment of CRTP to be ceased whilst a member of a
police force is in receipt of temporary salary under Regulation 27(a) and
Annex `I', i.e. the member has been required to perform the duties
normally performed by a member of the force of a higher rank than his own
(`acting-up').

As a consequence of some forces failing to comply with Regulations as
described, agreement of both sides in PNB of the correct interpretation
(as set out in PNB Circular 4/2008) led to the issue of Home Office
Circular 18/2008 in which forces were advised that paragraph 14 of the PNB
Circular (`Officers who are on acting up should receive their CRTP') will
take effect from the 1st July 2008.

I seek to establish:

1. Whether or not your force complies with Home Office Circular
18/2008 and Police Regulations and Determinations as described above, by
continuing to pay CRTP to a member who, having been awarded CRTP, is in
receipt of temporary salary (NB - `acting up', not temporarily promoted to
a higher rank under Regulation 27(b) and Annex `J').

If you do not so comply:

2. Please advise by what legal authority your force ceases making
such payments; and

3. Please advise what action you take when an inspector, on pay point
3 (top rate) and in receipt of CRTP, is required to perform the duties of
a Chief Inspector, whose pay is less than that of such an officer. NB -
the exception set out in paragraph 9 of Part 9 of Annex `F' does not to
temporary salary - it applies only to temporary promotion under Regulation
27(b).

The City of London Police complies with Home Office circular 18/2008.

Should you have any further questions regarding your request, please
contact me via email, letter or telephone, quoting the reference number
above.

Yours sincerely

Sergeant Mike Reed
Information Management Services

<<563-9-William_Old_reply.pdf>> <<Further Information Letter.pdf>>

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