The PCC approved on Decision Record Form 2017-00051160 the legal arrangements for an Acting Chief Constable in the light of the retirement of Chief Constable Iain Spittal, with Deputy Chief Constable Simon Nickless assuming the role of ‘Acting Chief Constable’ within the meaning of s41 Police Reform & Social Responsibility Act 2011 .
These arrangements are due to commence at 00:01 on 16 December 2017 for so long as the vacancy subsists.
As a result of the Acting arrangements, the PCC also needs to approve the payment arrangements which will apply to Mr Nickless during this period. In the current circumstance Mr Nickless will be acting up to the full duties of the Chief Constable with effect from the 16th December 2017 until the vacancy is filled.
Regulation 27 of the Police Regulations 2003 empowers the Home Secretary to make Determinations on Temporary Salary. The relevant part of this determination is Annex I which states:
After 28 consecutive days of being required to perform the duties normally performed by a member of the force of a higher rank than his own, an officer of a substantive rank of or above assistant chief constable will be paid at a rate equivalent to 90% of the higher rank’s basic pay or receive an honorarium of an amount determined by the police authority (now PCC).
The Chief Constable vacancy will not be filled within 28 days of the leaving date of Iain Spittal and therefore it is reasonable to set out what should happen during the period of the vacancy in terms of payment for the period of the vacancy.
In terms of payment, it is the individual officers’ choice to elect whether to be paid by way of honorarium or at a rate equivalent to 90% of the higher rank’s basic pay. Mr Nickless has elected to take the payment as an honorarium.
The ‘Basic’ pay for the role of the Chief Constable of Cleveland Police is £139,890 in comparison to the role of Deputy Chief Constable within Cleveland Police of £115,383.
The honorarium can accordingly be for a value of up to £24,507 per annum, which would then be paid pro-rata until the vacancy is filled.
Given the above, the honorarium would start 28 days after the period of acting began, which in this case is the 13th January 2018 and will continue until the vacancy is filled.
Decision DRF-5.8551. Payments to acting Chief Constable (application, 137kB)