Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above reference.

Under the Freedom of Information Act we are required to reply within 20 working days but given the current very high number of requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

-----Original Message-----
From: William Old [mailto:[FOI #23147 email]]
Sent: 13 November 2009 12:24
To: FOI
Subject: Freedom of Information request - Unlawful cessation of payment of CRTP to officers

Dear Sir or Madam,

Background

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" (my emphasis).

Request

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 APPLY* to temporary salary - it applies
only to temporary promotion under Regulation 27(b).

Yours faithfully,

William Old

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Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above reference. Having completed my enquiries I am able to respond as follows:

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 APPLY* to temporary salary - it applies only to temporary promotion under Regulation 27(b).

Essex Police does not stop CRTP for periods of Acting Up therefore we do comply with the Regulations.
As the answer to question 1 is yes questions 2 and 3 do not apply. However for information in relation to temporary promotions we apply as per the National Guidance;

Officers temporarily promoted
Where an officer who is in receipt of the payment is temporarily promoted to a higher rank, the payment will be discontinued with effect from the date the temporary promotion takes effect, subject to a 'no detriment' provision whereby the officer who is promoted should suffer no reduction in his/her pensionable pay.

I hope the information provided is of use.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: s <mailto:[email address]> [email address]
Website: <http://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original request and should be addressed to the Senior Information Officer at the above address.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

-----Original Message-----
From: Steve Grayton On Behalf Of FOI
Sent: 16 November 2009 09:34
To: 'William Old'
Subject: RE: FOI request our ref. 2494 - CRTP payments [NOT PROTECTIVELY MARKED]

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above reference.

Under the Freedom of Information Act we are required to reply within 20 working days but given the current very high number of requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: <file://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

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