POLICE FORCE (AMENDMENT No. 8) (JERSEY)
A LAW to amend further the Police Force (Jersey)
Law 1974 to establish and provide for matters related to the Police Negotiating
Board; sanctioned by Order of Her Majesty in Council of the
11th day of OCTOBER 2000
(Registered on the 20th day of October 2000)
STATES OF JERSEY
16th day of May 2000
THE STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law -
After Article 10 of the Police
Force (Jersey) Law 1974, as amended (hereinafter referred to as “the principal
Law”), there shall be inserted the following Article -
THE POLICE NEGOTIATING BOARD
The Police Negotiating Board (“the
Board”), to which the provisions of the Second Schedule shall apply, is
Article 15B of the principal Law, for the word “Schedule”, wherever it occurs, there
shall be substituted the words “First Schedule”.
The Schedule to the principal
Law shall be re-numbered as the First Schedule.
After the First Schedule to the
there shall be added the Schedule set out in the Schedule to this Law.
Law may be cited as the Police Force (Amendment No. 8) (Jersey)
Law 2000 and shall come into force on a day appointed by the States.
of the States.
POLICE NEGOTIATING BOARD
Board consists of two Sides each of four members of whom -
- two shall be appointed by the Home Affairs Committee (“the
- two shall be appointed by the Human Resources Committee,
who together are called “the Official Side”; and
- four shall be members appointed by the States of Jersey
Police Association (“the Association”) from among the members of the
who together are called “the Staff Side”.
(2) If a member of the Board is unable to attend any meeting, the
body which appointed him shall be entitled to appoint a substitute for that
meeting who shall have all the powers of a member, but if no substitute is
appointed the proceedings of the Board at that meeting will not be invalidated
as a result.
(3) A member of the Official Side shall hold office for three years
from the triennial election by the States of Jersey of a new Committee and is
eligible for re-appointment and a member of the Staff Side shall hold office
for a period determined by the Association.
(4) A member may resign his office by giving written notice to the
body which appointed him and may be removed from office by that body.
(5) Any casual vacancy shall be filled by appointment of a new
member by the body which appointed the member who has vacated his office and
the new member shall hold office until the next election of a new Committee, if
a member of the Official Side, or for a period determined by the Association,
if a member of the Staff Side.
(6) The Chief Officer of the Force, or his deputy, are not eligible
for membership of the Board but may attend any meeting and shall provide
independent advice and information at the request of either Side.
(7) Each Side may appoint an adviser or advisers to attend meetings
and assist the Board on specific matters and an adviser may take part in
discussions on the specific matter in question but is not a member of the
functions of the Board are to negotiate and make recommendations to the Committee
(a) the pay, terms and conditions of service for all members of the
force represented by the Association; and
(b) any other related matters that the Committee and the Association
agree should be referred to the Board for a recommendation.
(2) The functions of the Board are limited to making non-binding
recommendations on the matters referred to in sub-paragraph (1) for
consideration by the Committee.
Board shall appoint Joint Secretaries and any other officers as may be
(2) Until secretaries are appointed the Director of Employee
Relations, Human Resources Department, shall act as the Official Side Secretary
and a member of the Staff Side shall act as the Staff Side Secretary.
Conduct of business
quorum of the Board shall be two members from each Side.
(2) Every question before the Board is to be decided by the opinion
of a majority of the members of the Board present.
(3) Other than the matters provided for by sub-paragraphs (1)
and (2) the Board may regulate its own procedure.
(4) For each pay period the Association shall submit a written
claim, for consideration by the Committee, or receive a written offer from the
(5) Unless the claim or offer is agreed by both the Association and
the Committee beforehand, a meeting of the Board shall take place within one
month of the claim or offer being put forward.
(6) Any other matter which the Committee and the Association agree
to be referred to the Board shall be notified to the Board and the Joint
Secretaries shall convene a meeting of the Board to discuss the matter not more
than one month after the matter has been notified.
(7) At the end of each meeting, the decisions of the Board shall be
verbally agreed and recorded by the representatives of both Sides and those
decisions shall be subsequently confirmed in correspondence between the Joint
secretaries as soon as practicable but not later than two weeks after the
(8) Once the Board has reached an agreement on a recommendation for
consideration by the Committee, the Joint Secretaries shall prepare and sign a
report for submission to the Committee.
(9) The Committee shall consider the recommendation of the Board and
determine, where appropriate, any variation in the appropriate scales of pay or other terms and conditions of service,
after consultation with the Human Resources Committee if required by this Law.
(10) The new scales of pay or terms and conditions of service shall
take effect from a date determined by the Committee.
Failure to agree
procedures set out below are to be followed in the event that -
(a) the Board fails to reach agreement on a recommendation for
submission to the Committee; or
(b) the Committee determines scales of pay or other terms and
conditions of service which differ from the recommendation of the Board or
which are not acceptable to the Association.
(2) The Board shall be reconvened in order to identify common ground
and seek any further opportunities for a negotiated settlement but if there is
no agreement, either Side may declare a “dispute”, whereupon the Board shall
attempt to determine and recommend agreed terms to the Committee for
6.-(1) An independent conciliator shall be appointed by the Board
to liaise with both Sides of the Board and preside at meetings of the Board
with a view to achieving an agreed settlement but the independent conciliator
will not have a vote at any meeting.
(2) Where the Board is able to identify an agreed recommendation
with the assistance of the conciliator, the procedures set out in
paragraph 4 shall be followed.
(3) All reasonable expenses incurred in connection with the
conciliation shall be met by the Committee.
7.-(1) Where the Board fails to reach
agreement through conciliation on a recommendation for submission to the
Committee or the Committee determines scales of pay or other terms and
conditions of service which differ from the
recommendation of the Board following conciliation or which are not
acceptable to the Association, either Side shall have the right of recourse to
(2) The Board shall recommend the terms of reference for independent
arbitration to the Committee.
(3) Arbitration shall be by a panel consisting of an independent
Chairman recommended by the Board and
appointed by the Committee and one member nominated by each Side.
(4) The procedures for the arbitration shall be determined by the
(5) The arbitration shall commence within two months of the
Chairman’s appointment, unless the Board decides otherwise.
(6) All reasonable expenses incurred in connection with the
arbitration shall be met by the Committee.
(7) The Committee is not bound by the award of an arbitration panel,
but it shall take that award into
account in the exercise of its functions under this Law to determine the
appropriate scale of pay for each rank and other terms and conditions of service and shall only decide
not to implement the arbitration award, or any part of it, in exceptional
(8) The findings of the arbitration panel shall be binding on the
Conclusion of pay negotiations
8. The Joint Secretaries of the Board shall
jointly sign a document setting out any variation to existing scales of pay or
terms and conditions of service of the Force and any new scales of pay applicable, which shall be
ratified by an Act of the Committee.”