Joint Committee on Statutory Instruments Ninth Report


APPENDIX 4

Memorandum from the Northern Ireland Office

ROYAL ULSTER CONSTABULARY RESERVE (FULL-TIME) (APPOINTMENT AND CONDITIONS OF SERVICE) (AMENDMENT) REGULATIONS 2001 (S.R. 2001/80)

1. The Committee asked three questions relating to the processing of this instrument. The Department acknowledges that there has been a succession of errors with this instrument which are much regretted.

2. The Regulations were made on 19 February 2001 to come into force on 16 March. Unfortunately the need to lay them speedily after making was overlooked, as was the requirement to explain the breach of the 21-day rule and the requirement to notify the Speaker and the Lord Chancellor in accordance with section 4(1) of the Statutory Instruments Act 1946.

3. Following the Committee's observations notification was sent to the Speaker and the Lord Chancellor on 11 May 2001.

4. The instrument was submitted for signature by the Department and the need to lay it speedily was ignored. The laying of instruments made by the Northern Ireland Office is undertaken by the Home Office, but this can only take place when an instrument is submitted by the Northern Ireland Office to the Home Office for laying.

5. The breach of the 21-day rule occurred solely because of the delay in submitting the instrument for laying. The need to explain this breach to the Committee was overlooked by the Home Office when the instrument was laid.

6. Both Departments recognise that what had happened in relation to this instrument and an earlier instrument referred to below was unacceptable. Therefore a new system was put in place to ensure that all instruments made by Northern Ireland Ministers are routed through a single point which has responsibility for ensuring that all steps necessary in relation to an instrument are taken at the appropriate time.

7. This new procedure was referred to in the memorandum to the Joint Committee on the Public Processions (Northern Ireland) Act 1998 (Accounts and Audit) Order 1998 (S.I. 2001/851) submitted on 9 April 2001.

8. The Committee also asked the following question.

"Explain the effect of the modifications made to regulation 23 of the principal Regulations by paragraph 7(a) and (b) of new Schedule 12, and indicate the basis for the relative difference between the figures specified in regulation 2(4) of the principal Regulations and those substituted by paragraph 7(b) of new Schedule 12."

9. In response the Department says that, those working on a part-time basis are paid on an hourly rate. To ensure that members working on this basis are not exploited and asked to work rest-days regularly, they are compensated at the same ratio as full-time members.

10. The following calculations show the effect the part-time amendments have in comparison to full-time, presuming both are on the same pay scale position.

1. Full-time RUC Reserve Member

Working a standard 8 hour day Salary £16,689

Daily rate = £64.18.

2. Full-time RUC Reserve Member working on a part-time basis

Working a 4 hour day 5 days a week

To establish their hourly rate

Determined hours: 4 hr day x 5 days a week = 20 hrs

From amended regulation 2(3):

(A) 20

(A) 40 std hours/relevant period

therefore

20 x 52 = 1040 (No of hrs worked in a year) x 8 (hourly rate) = £8320

This gives exactly half pay for exactly half time working

£8 hourly rate

3. In relation to regulation 23 and amendments

(a) Working 1 hour on a rest day with less than 8 days notice

(i) Full time RUC Reserve member

£64.18 (daily rate) ¸ 16 (for 15 minute intervals) x 4 = £16.05

(ii) Full time RUC Reserve member working on a part-time basis

£8 (hourly rate) ¸ 4 (for 15 minute intervals) x 4 £8 + £8 (hourly rate from amended regulation 30) = £16

(b) Working 1 hour on a rest day with more than 8 days notice

(i) Full time RUC Reserve member

(£64.18 (daily rate) ¸ 64) x 3 (for 15 minute intervals) x 4 = £12

(ii) Full time RUC Reserve member working on a part time basis

£8 (hourly rate) ¸ (for 15 minute intervals) x 4 = £4 + £8 (hourly rate from amended regulation 30) = £12

2 November 2001


 
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