Home Office circular 006 / 2003

1. THE POLICE (AMENDMENT) (NO 3) REGULATIONS 2002 2. THE SPECIAL CONSTABLES (AMENDMENT) REGULATIONS 2002; AMENDMENT OF REGULATION (1), (QUALIFICATIONS FOR APPOINTMENT)

Dear Chief Officer

This circular encloses copies of The Police (Amendment) (No. 3) Regulations 2002 and The Special Constables (Amendment) Regulations 2002 which came into force on 3 February 2003.

The Regulations are in pursuance of Section 82 of the Police Reform Act 2002 which removed the prohibition on the employment of persons born out of the United Kingdom and the prohibition arising from nationality in the police service of England and Wales. Section 82 provides for British citizens, Citizens from the European Economic Area (EEA), Commonwealth citizens, and other foreign nationals to be eligible for police service.

The new eligibility criteria is subject to candidates satisfying other qualifications for appointment. The Police (Amendment) (No. 3) Regulations 2002 make the following amendments to the Police Regulations 1995 in respect of qualifications for appointment:

· A new regulation 12(1)(aa) is inserted. This regulation requires a candidate for appointment to a police force who is not a member of the EEA (current members are Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, The Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom) to have leave to enter or leave to remain in the United Kingdom for an indefinite period. That is to say that such applicants must be resident in the United Kingdom free of restrictions or have an entitlement to do so.

· Regulation 12(1)(d) is substituted for a new paragraph 12(1)(d) which requires a candidate for appointment in the rank of constable to satisfy the chief officer of police that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be determined by the Secretary of State. This ensures that all candidates can communicate effectively in both spoken and written English.

Candidates for appointment will continue to be vetted. If candidates cannot be security vetted they cannot be appointed.

Police forces should monitor the number of applications received from British citizens, Irish citizens, other EEA citizens, Commonwealth citizens and foreign nationals and the numbers of these who are appointed.

The Regulations can be viewed at www.legislation.hmso.gov.uk/si/si2002/20023162.htm

SPECIAL CONSTABLES

The Special Constables (Amendment) Regulations 2002 make the following amendments to The Special Constables Regulations 1965 in respect of qualifying for appointment:

· Regulation 1 is substituted by a new paragraph 1. This requires a candidate for appointment as a special constable who is not a member of the EEA (current members as listed earlier in this circular) to have leave to enter or leave to remain in the United Kingdom for an indefinite period. That is to say that such applicants must be resident in the United Kingdom free of restrictions or have an entitlement to do so.

· Such applicants for appointment as a special constable must also satisfy the Chief Officer of police that they are sufficiently competent in written and spoken English, and sufficiently numerate by passing such assessment in written and spoken English, and numeracy, as may be determined by the Chief Officer of Police.

· Additionally, such applicants for appointment as a special constable must have attained the age of 18 ½ years, must be of good character and must be in good health.



ISOBEL ROWLANDS
SHEENA LENG

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