This policy applies to police officers.

Policy Aims and Objectives:

The purpose of this policy is to provide guidance on the circumstances in which acting rank and temporary promotion should be used and guidance on the authorisation and payment process.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Acting Rank

Acting rank arrangements are designed to meet short-term need, and must not be viewed as a long-term arrangement.

A police officer may be required to perform duty in a rank higher than their substantive rank when the operational effectiveness of the force will be compromised by the absence of a supervisory officer. Instances of this could include:

• When a police officer has to deal with a situation where immediate decisions are necessary; or
• The supervision and deployment of operational staff is necessary; or
• Statutory responsibilities require that the officer hold a particular rank.

The absence of an operational supervisor does not automatically mean that an acting rank is necessary.

Officers will normally perform acting duties for whole days. However, there may be occasions when this is not practicable eg if a supervisor retires from duty early during the shift.

In accordance with the PNB principle, a 56-day maximum period (2 calendar months) has been introduced and agreed for all federated and superintending ranks, performing duties of a higher rank than their own.  The 56-day maximum should only be breached if individuals are not qualified for promotion and/or during a rare occasion a Chief Constable is required to respond to an operational emergency that requires an immediate application. 

Wearing Insignia

Officers acting to Sergeant and Inspector ranks must wear their acting rank insignia to ensure operational matters are effectively dealt with. Officers of Inspector rank and above should wear their substantive rank insignia, but use their acting rank title when necessary.

Conditions of Authorisation

Acting rank should not be automatically authorised. Instead, consideration must be given as to whether or not it is necessary.

Officers who are qualified by promotion, examination or board should normally be used for acting rank duties in preference to unqualified officers. District Commanders and Heads of Departments are responsible for maintaining a list of officers in their District or Department who will be authorised to perform acting rank duties, and must ensure that a fair and transparent selection process is used in selecting officers to perform such duties. This list can include unqualified officers who may be used in exceptional circumstances.

Acting up must be authorised by the line manager to whom the acting rank will be responsible (eg the Inspectors will authorise acting Sergeant.) Acting up must be authorised before the officer takes on the acting rank. It is the line manager's responsibility to monitor and support officers acting in a higher rank, and at the end of any such period, to assess the developmental benefits to the officer, and provide feedback on their performance.

A Superintendent may authorise acting duties for a Chief Inspector for periods up to and including three days. Authorisation for periods over three days needs to be granted by the relevant Assistant Chief Constable.

Waiting Days

From June 2008 all officers (federated and superintending ranks) will have to perform the duties, normally performed by a member of the force of a higher rank than his own, for 10 cumulative completed days in a 12-month period (1st April - 31st March) before they can receive temporary salary.  In the case of a part-time officer or an officer with variable shift arrangements, they will qualify for the acting up allowance when they have performed the duties of the higher rank for 10 completed days at their normal working hours.   The 10-day qualifying period will be included in the calculation of the 56-day maximum; so that the remainder of the 56-day period must be continuous from day 11 to 56.

Waiting days will still apply for periods of acting rank when an officer has previously completed a period of temporary promotion within that same financial year.

Payment

The budget for temporary salary allowances is devolved to Districts and Departments. When an officer has completed a period of acting duties he or she should claim payment. Claims need to be authorised by an officer at least one substantive rank higher than the claimant. An application for temporary salary should be made on form PAY 39 at the end of each calendar month. All claims for payment will be submitted through District or Department Finance Officers for monitoring purposes and then forwarded to HQ Payroll Department for payment.

The waiting days will be deducted by HQ Payroll Department and payment of the balance for any days on which acting rank duty has been performed will be made. When an officer is performing and being paid for a continuous period of acting rank at the end of a year, and this period continues into the following year, they will continue to be paid the temporary salary until the continuous period ends. During any subsequent period of acting rank, the officer will be required to work the appropriate waiting days.

Overtime

Overtime incurred during waiting days will be paid at the officer's substantive salary rate.

For police constables acting to sergeant rank, overtime incurred when temporary salary is payable (ie after the waiting days) will be paid at the temporary salary rate. This must be clearly indicated on the FIN15 Overtime Claim Form.

Sergeants acting to the rank of inspector are not eligible to claim overtime payments at the acting rate ie at the inspector rate. Therefore, sergeants acting to inspector rank claiming overtime for performing duties on rostered rest days or public holidays will receive overtime payment at their substantive ranks. (Regulation 25, Annex G and Regulation 26, Annex H, Police Regulations 2003).

Temporary Promotion

A period of temporary promotion should be used when a shortfall has been identified in a particular rank, which is likely to be for a lengthy period, usually to cover a long-term absence such as maternity leave, ill health absence, secondments, etc.  Temporary promotion does not have a defined cut off point and therefore can provide key experience of performing the duties of the higher rank over a longer time period than acting up.   As determined by the Senior Command Team (11 December 2003) temporary promotion can be granted across all ranks. The temporary designation will be accorded to those officers required to perform the duties of a higher rank for a period of two months or more. There is no period of waiting days before an officer qualifies for payment under temporary promotion.

The Police Promotion Regulations 1996 (as amended) cover arrangements for temporary promotion.  Regulation 6 (as amended) states that a member of a police force who is required to perform the duties of a higher rank may, even if there is no vacancy for that rank, be promoted temporarily to it, but in the case of promotion to the rank of sergeant or inspector only if he or she has obtained both a pass in Part 1 of the qualifying assessment and either a pass in Part IIA of the qualifying assessment or have commenced the period of work based assessment under Part IIB.  Temporary promotion arrangements for chief inspectors are covered at Regulation 27, Annex J of the Police Regulations and determinations 2003.

Temporary promotion will not necessarily be preceded by a period of acting rank.

Conditions of Authorisation

Temporary promotions should not be automatically authorised. Instead, consideration must be given as to whether or not it is necessary. In order to perform temporary duties at the rank of Sergeant or Inspector, the officer must be fully qualified in Parts I and IIA of the National OSPRE examination (please see criteria above) and unqualified officers should not be used. District Commanders and Heads of Departments are responsible for maintaining a list of officers in their District or Department who will be authorised to perform temporary rank duties, and must ensure that a fair and transparent selection process is used in selecting officers to perform such duties.

All applications for temporary promotion must be submitted via email to the Head of Workforce Planning within Corporate HR. There must be good reason for the application and a clear business need. The start and end dates for the application must be included within the rationale, up to an initial maximum period of 6 months. If the period needs to be extended beyond 6 months, a renewal must be made. The Head of Workforce Planning will review the information provided against the HR plan, promotion list and if satisfied will seek the approval of a member of the Senior Command Team for authorisation. Updates to Oracle and Payroll will then be managed by the Workforce Planning Team and the relevant HR Manager will be informed via email regarding the outcome of the request.

These conditions of authorisation may only be breached in exceptional circumstances (ie the officer is not fully qualified) and this decision will be made by a member of the Senior Command Team.

Payment for Temporary Promotion

An officer shall, while temporarily promoted to a higher rank, be paid according to Police (Promotion) Regulations 1996 at the point on the pay scale that would have applied if the promotion had not been temporary. This refers to the actual post, not to the pay point of the absent officer for whom cover is being provided.  Where an officer is temporarily promoted to a higher rank, any CRTP payment will cease from the date of temporary promotion.  The payment will be reinstated when the officer returns to the substantive rank.

An officer temporarily promoted in this way shall revert to their previous rank when he or she is no longer required to perform these duties.

Funding for temporary promotions will be met from the devolved salary budgets.

Where an officer authorised to be temporarily promoted to the next rank chooses to claim a temporary salary payment for acting rank in preference to temporary promotion, the officer shall submit PAY 39 forms at the end of each calendar month. All claims for payment will be submitted through District or Department Finance Officers for monitoring purposes and then forwarded to HQ Payroll Department for payment.

When an officer is promoted any periods of temporary promotion will count in calculating incremental pay points. Additionally, the periods of temporary promotion will count as part of the probation period.

Further information can be obtained by accessing the following:

Hours of Duty, Overtime and Cancelled Weekly Leave - Police Officers and Police Staff D51502 

Police and Criminal Evidence Act 1984 – Acting Rank

Police Regulations 2003 – Regulation 27 – Temporary Promotion, Annex I and J

Senior Management Cover and Leave Periods D50967

Equality Act 2010: