Schedule
3 Regulation 38
REPLACEMENT ALLOWANCE
Interpretation
1. - (1) This paragraph has effect for defining expressions used in
paragraphs 2 to 7.
(2) "Qualifying member" means a member of a police force
who-
(a) immediately before 1st September 1994 was a member of that or
another police force;
(b) was not then on unpaid leave;
(c) has at all times after 31st August 1994 been a constable; and
(d) has not after that date been on unpaid leave.
(3) Where a
member of a police force in England and Wales or Northern Ireland
in receipt of a replacement allowance under a corresponding regulation
which has effect there transfers to a police force in Scotland that
member shall be treated from the date of transfer as if that member
were a qualifying member.
(4) Where a
member of the British Transport Police Force in receipt of a housing
allowance transfers on or after 1st September 1994 to a police force
in Scotland that member shall be treated from the date of transfer
as if that member were a qualifying member.
(5) "Re-joining
member" means a member who by reason only of a relevant absence
is not a qualifying member.
(6) "Relevant
absence" means-
(a) a period of central service or overseas service; or
(b) a period of relevant service within the meaning of section 38A(1)(ba)
or (bb) of the 1967 Act [a] or any corresponding provision for the
time being in force in England and Wales or Northern Ireland; or
(c) a period of unpaid leave,
ending after 31st August 1994.
(7) "Housing
emoluments" means any one or more of the following kinds of payments
under the provisions of the 1976 Regulations as they had effect before
1st September 1994-
(a) a housing allowance under regulation 42;
(b) a transitional rent allowance under regulation 42B;
(c) a supplementary housing allowance under regulation 43; and
(d) a compensatory grant under regulation 45,
and in relation to a re-joining member includes a rent allowance under
regulation 42 of the 1976 Regulations as it had effect before 1st
April 1990; and "housing allowance" and "transitional
rent allowance" mean respectively the allowances mentioned in
(a) and (b) above.
(8) "The 1976 Regulations" means the Police (Scotland) Regulations
1976 [b].
Qualifying member provided with
accommodation
2. - (1) A qualifying member who ceases to occupy a house or quarters
with which that member was provided free of rent becomes entitled
to a replacement allowance.
(2) The replacement allowance is, subject to paragraph 7, an allowance
at a rate equal to the total of-
(a) the rate at which housing allowance, or as the case may be transitional
rent allowance, was payable, or would have been payable if that member
had not been occupying the house or quarters, immediately before 1st
September 1994; and
(b) the rate at which any allowance under regulation 42(11) or 43(3)
was or would have been then payable.
Qualifying member with housing emoluments
3. - (1) A
qualifying member who immediately before 1st September 1994 was in
receipt of housing emoluments is entitled to a replacement allowance
unless that member is provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7, an allowance
at the rate at which the housing emoluments were payable immediately
before 1st September 1994.
Re-joining
member previously provided with accommodation
4. - (1) A
re-joining member who immediately before the relevant absence began
was occupying a house or quarters with which that member was provided
free of rent becomes entitled to a replacement allowance unless that
member is again provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7, an allowance
at the rate at which, if that member had not been occupying the house
or quarters, housing allowance, or as the case may be transitional
rent allowance, would have been payable-
(a) where the relevant absence began before 1st September 1994, immediately
before it began; and
(b) in any other case, immediately before 1st September 1994.
Re-joining
member previously in receipt of housing payments
5. - (1) A
re-joining member who immediately before the relevant absence began
was in receipt-
(a) of housing emoluments; or
(b) of a replacement allowance under paragraph 2 or 3,
becomes entitled to a replacement allowance unless that member is
provided with a house or quarters free of rent.
(2) The replacement allowance is, subject to paragraph 7, an allowance-
(a) where sub-paragraph (1)(a) applies, at the rate at which the housing
emoluments were payable; and
(b) where sub-paragraph (l)(b) applies, at the rate at which the previous
replacement allowance was payable,
immediately before the relevant absence began.
Members provided with house or quarters
6. A qualifying
member or a re-joining member who-
(a) is provided with a house or quarters free of rent; and
(b) if the relevant provisions of the 1976 Regulations had continued
in force would have been entitled to an allowance under regulation
42(11) or 43(3),
is, subject to paragraph 7, entitled to an equivalent replacement
allowance.
Variation and termination of replacement
allowances
7. - (1) Subject
to sub-paragraph (2), in circumstances in which-
(a) a housing allowance or transitional rent allowance payable as
mentioned in paragraph 2(2) or 4(2); or
(b) any of the housing emoluments mentioned in paragraphs 3(1), 5(1)(a)
and 6,
would, if the relevant provision of the 1976 Regulations had continued
in force, have fallen to be reduced or discontinued, the replacement
allowance in question is reduced accordingly or, if the effect of
discontinuance would have been that no housing emoluments remained
payable, terminated.
(2) For the purposes of sub-paragraph (1) it is to be assumed that
a housing allowance or transitional rent allowance would not have
fallen to be reduced by reason of the member's being married to or
sharing accommodation with another member appointed after 31st August
1994.
(3) In circumstances in which any allowance or housing emoluments
mentioned in sub-paragraph (1) would, if the revoked provisions had
continued in force, have fallen to be increased otherwise than under
regulation 42A of the 1976 Regulations (which provided for biennial
adjustment of housing allowances), or in which any new housing emoluments
would in that case have become payable, the replacement allowance
in question is increased accordingly.
[a] sections
38A(1)(ba) and (bb) were inserted by the Police Act 1997 c.50
