Not Protectively Marked
Business Interests and Additional Occupations
Procedure Reference Number:
Approved: / John Armstrong, Head of PSDAuthor: / Janet Pattinson / D/Sergeant, PSD
Produced: / March 2015
Review due: / February 2018
Review approved:(For reviewed procedures only)
Procedure Index
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1.Introduction...... 3
2.Procedure Aim...... 3
3.Responsibilities......
4.Guidance......
5.Appeals...... 6
6.Review...... 7
7.Compliance……………………………………………………….7
8.Appendix 1 ...... 9
Appendix 2...... 10
Introduction
1.1It is imperative that the public has confidence in the integrity and impartiality of the police service and it is the responsibility of Cheshire Constabulary and each member of staff to maintain and build public confidence in the police.
1.2This procedure sets out a framework for the application for and approval or otherwise of a business interest or the taking of additional employment outside of the Constabulary to ensure there will be no conflict of interest with the work of the Constabulary, the role of the police,or the ability of any member of the force holding such a business interest or additional occupation to discharge his or her duties impartially.
1.3This procedure applies to all police officers, all members of police staff and to those applying to become a police officer or a member of police staff.
2.Procedure Aim
2.1The purpose of this procedure is to:
- safeguard the reputation of the Constabulary
- ensure the integrity of the police service, and
- ensure the continued health, safety and welfare of all staff
2.2This procedure does not constrain staff from holding abusiness interest or taking an additional occupation but allows the Head of Professional Standards, (using delegated powers from the Chief Constable), to determine whether a business interest or the taking of employment outside of the Constabulary could conflict with the work of the Constabulary or adversely affect the reputation of the Constabulary and the ability of an officer or member of staff to discharge his or her duties impartially (including where members of the public might consider such a business interest or additional occupation as abarrier to impartiality).
2.3In making approval decisions, the Head of Professional Standards will take into account the views of the applicant’sline management and Area Command Team or Departmental Management.
2.4This procedure fully adopts the provisions set out in the ACPO Guidance on Business Interests and Additional Occupation (October 2012) and ensures compliance with the Police Regulations (2003), as amended by the Police (Amendment No. 3) Regulations 2012; the Police Staff Council and Conditions of Service Handbook (2004); Article 8 of ECHR as provided by the Human Rights Act 1998; and the European Working Time Regulations (1998).
3.Responsibilities
3.1Police Officers and members of Police Staff who are considering applying for a business interest or an additional occupation (hereafter commonly termed a ‘Business Interest’) have a responsibility to first familiarise themselves with the ACPO Guidance on Business Interests and Additional Occupations (October 2012) attached here as Appendix 1 and to ensure applications are submitted in accordance with this force procedure.
3.2Line managers, Area Command Teams and Heads of Department have a responsibility to give fair consideration to any application by Police Officer or a member of Police Staff a for a Business Interest and will take into account individual and organisational needs and to provide evidence of support or non-support to the Head of Professional Standards.
3.3The Head of Professional Standards (in the capacity ofAppropriate Officer as delegated by the Chief Constable) is responsible for giving fair consideration to applications for Business Interests in line with individual circumstances and wider reputational matters of integrity and compatibility with the reputation of the force and the wider police service.
3.4The Chief Constable is responsible for the fair application of the relevant appeals process in relation to Business Interests.
3.5The Professional Standards Department is responsible for maintaining records and monitoring compliance with this procedure.
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4.Guidance
4.1The definition of a Business Interest is set out in Regulation 7 of the Police Regulations 2003[1] and can also be found at Section 2 of the ACPO Guidance on Business Interests and Additional Occupations (October 2012).
4.2Prior to operating or establishing a Business Interest, a member of staff must submit a written application to hold a Business Interest through line management to his or her Area Command Team or Head of Department. A copy of the application form is provided at Appendix 2.
4.3Area Command Teams and Heads of Department should ensure that applications are forwarded to the Head of Professional Standards with evidence of support or non-support attached within 7 days of receiving the application.
4.4All applications for a Business Interest will be considered by the Head of Professional Standards on a case by case basis. In considering whether a Business Interest should:
- be approved without condition
- be approved subject to conditions, or
- should not be approved,
the Head of Professional Standards will take into account the principles and considerations outlined in Sections 3 to 7 and Appendix A of the ACPO Guidance on Business Interests and Additional Occupations (October 2012).
4.5Within 7 working days of receipt, the Head of Professional Standards will inform the applicant in writing of a decision to authorise a Business Interest or where an application is refused, a clear explanation in writing of the reasons for refusal will be provided together with details of the appeals procedure.
4.12Where approval is granted, either with or without conditions, the Head of Professional Standardswill also provide guidance to the applicantsetting out obligations on those who hold an approved Business Interest.
4.13Once informed of the approval it is the responsibility of the applicant to notify HM Revenue and Customs or any other relevant agency of any additional income or occupation and to appropriately discharge any liability attached any such Business Interest.
4.14A record of all applications for Business Interests and those approved will be maintained by the Professional Standards Department.
Review of Business Interests
4.15It is the responsibility of the Business Interest holder to inform the Professional Standards Department of any cessation or change to an approved Business interest.
4.16If the holder of a Business Interest is on a period of long term sickness absence or subject of restricted or recuperative duties, then the Business Interest will be reviewed. In some cases this may result in the Business Interest being temporarily suspended by mutual agreement until the applicant returns to his or her full duties. Where a holder of a Business Interest appears to be abusing the Business Interest procedure whilst on long term sickness absence, restricted or recuperative duties or reduced hours, the circumstances will be reviewed in accordance with either Police (Conduct) Regulations 2012 or in line with Police Staff Managing Attendance Procedure.
4.17Where a holder of a Business Interest is subject to Police Unsatisfactory Performance Procedures, Police Conduct Procedures or Managing Performance Procedures for Police Staff, current approved Business Interests will be reviewed by the Head of Professional Standards. Each application will be considered individually and in some cases the Business Interest may need to be temporarily suspended, subject to conditions, or withdrawn pending an outcome of the managing performance or misconduct procedures.
Freedom of Information
4.18A Register of Business Interests is included within the freedom of information publication scheme minimum standards as approved by ACPO and the Information Commissioner. The Constabulary’s Register of Business interests is published on its website and details the nature of the Business Interest and number of officers and members of staff who are engaged in each type of business interest. The identity of individuals holding a Business Interest is not disclosed.
Exemptions
4.19Police officers and members Police Staff who undertake voluntary, community based duties or responsibilities are under no obligation to seek approval as a Business Interest under this procedure. Where any doubt exists as to such a role should be approved under this procedure, the test to apply will be whether a member of the public might reasonably believe or expect the post holder would be in receipt of payment for carrying out such work.
5.Appeals
5.1A member of the police force may appeal against a decision of the Head of Professional Standardsnot to approve a notified Business Interest. The appeals process is set out in Regulation 9 of the Police Regulations 2003 (as amended by the Police (Amendment No. 3) Regulations 2012 and also by Appendix B of the ACPO Guidance on Business Interests and Additional Occupation (October 2012).At all stages of the appeals procedure, an appellant may be represented by a police friend, staff association or trade union representative.
6.Review
6.1This procedure will be reviewed every three years from the date of approval.
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7Compliance
I confirm that this document has been drafted to comply with the principles of the Human Rights Act and Equal Opportunity legislation as per force guidance.
In addition, Data Protection, Freedom of Information, the National Quality of Service Commitment and Health and Safety issues have been considered.
Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values.
I do agree that this document is appropriate for disclosure to the public.
Signed: J Pattinson………….. Date: …February 2015……….
(author)
Equality and Diversity Impact Assessment part 1
Potential Impact / X / Does the procedure involve any of the following?(tick as appropriate)If any of the boxes below are ticked the impact is high and the Equality and Diversity Impact Assessment must be reviewed annually.
High / X / -Exercise of statutory powers?
-Dealing with or providing services to the public?
-Recruitment & selection, transfer or redundancy processes?
-Training opportunities or career development schemes?
-Other processes for managing staff? (ie. discipline, pay, allocation of benefits, etc)
-Any other high risks not detailed?
If any of the boxes below are ticked the impact is medium and the Equality and Diversity Impact Assessment must be reviewed every 2 years.
Medium / -Dealing with the public, but not involving the exercise of statutory powers?
-Providing services or facilities to staff? (ie. welfare, shower rooms, parking, intranet etc)
-Any other medium risks not detailed?
If any of the boxes below are ticked the impact is low and the Equality and Diversity Impact Assessment must be reviewed every 3 years.
Low / -Administration processes?
- Any other low risks?
Equality and Diversity Impact Assessment part 2
Consider the community as a whole and each of the protected characteristics: Age (includes all ages), Disability, Gender , Pregnancy and maternity, Race, Religion or belief, Gender reassignment and Sexual orientation, when answering the below:
If so, how? / No
2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity? If so, what are those concerns? / No
3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? / ACPO guidance
4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? / No
5. What data collection process exists for this procedure?
How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence.
If reviewing the procedure what are the results of the monitoring? / Business interest applications, authorisations, declines and reviews are recorded within Centurion in PSD.
Business Interests are scrutinised at the Force Integrity meeting for any discriminatory or disproportionate impact.
No adverse results have been identified.
6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? / N/A
7. When the Race and Diversity impact assessment has included consultation, who was consulted?
(Include a summary of the key points) / N/A
8. Has the procedure been altered following the consultation?
(Include a summary of the key changes) / N/A
9. Has feedback been given to the groups involved in the consultation? / N/A
Date Impact Assessment completed: / February 2015
8.Appendices
Appendix 1:ACPO Guidance on Business Interests and Additional Occupation (October 2012)
H:\ACPO Prof Standards\ACPO Guidelines on Business Interests & Additional Occupations 2012.pdf
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Appendix 2:Application Form for a Business Interest or Additional Occupation
Business Interest or Additional Occupation Application Form
Part 1 - to be completed by the applicantName:
Rank / Job Title: / Force Identity Number:
Area / Department: / Extension Number:
Nature of Business Interest:
Details:
(including details of the prospective role or occupation, the approximate number of hours to be spent on the business interest, whether it will be paid employment, and any other details which may be relevant to this application)
I can confirm my attendance record is within the boundaries of the current force standard.
I can confirm I am not subject of any unsatisfactory performance improvement notice or any post misconduct finding action plan.
I agree to adhere to the force procedure on business interests including the requirement to record and monitor hours spent in order to comply with Working Time Regulations.
Signed: / Date:
Part 2 – to be completed by the Applicant’s Line Manager
(√) appropriate box
Attendance check undertaken / Outside of force criteria [ ] / Within force criteria [ ]
Conduct& Performance checks / Outstanding conduct matter, written improvement plan or other relevant performance issue [ ] / No relevant matters [ ]
Additional Information:
Recommendation : / Approve [ ] / Decline [ ]
Signature: / Date:
Part 3 – Section A or B to be completed by Area Command Team or Departmental Head
Date application received:
Section A
I certify that (insert name)’s application meets the general principles for an approved business interest. I am satisfied that all the necessary issues have been discussed. My recommendation is to approve the application.
Section B
Following discussion with(insert name) I do not consider that the applicationmeets the general principles outlined in the force procedure for approval of business interests. My recommendation is to decline approval of the application for the reasons outlined here:
Signature ……………………….…………………
Print Name ………………………..………………. Date …..………………
Date submitted to Head of Professional Standards for final approval:
Part 4 – to be completed by the Head of Professional Standards
I have considered this application for a Business Interest, and in doing so I have taken into account the considerations provided in the ACPO Guidance on Business Interests and Additional Occupation (October 2012) and the Force Procedure for Business Interests and Additional Occupations (2013).
Your application for a Business Interest has been approved / declined.
(Rationale for non-approval to be confirmed in writing):
(Rationale for approval to be confirmed in writing):
Signed / Head of Professional Standards
Date
Business Interest details entered onto Centurion (tick)
Signed …………………………………
Date……………………………………
Version 1.1Not Protectively Marked1
[1](as amended by the Police (Amendment No. 3) Regulations 2012