Chief Constable Richard Lewis wrote to the Police and Crime Commissioner (PCC) on 11 August 2021.
He told the PCC that he had been offered the post of Chief Constable of Dyfed Powys.
Mr Lewis’ last day of service with Cleveland Police was 11 December 2021.
By virtue of s41 Police Reform & Social Responsibility Act 2011, the Deputy Chief Constable adopts the role of Acting Chief Constable.
This takes place in the event of either/or an absence or vacancy in the substantive post of Chief Constable.
As a result, the PCC is invited to determine the following:
- During the absence and subsequent vacancy in the office of Chief Constable, Deputy Chief Constable Helen McMillan will assume the role of Acting Chief Constable.
- These arrangements will start at 00:01 on 12 December 2021 and continue for as long as the vacancy exists.
As a result of these arrangements, the PCC also needs to approve Ms McMillan’s payment details, for this period.
Ms McMillan will be acting up to the full duties of the Chief Constable with effect from 12 December 2021 until the vacancy is filled.
The legal situation
Regulation 27 of the Police Regulations 2003 empowers the Home Secretary to make Determinations on temporary salary.
Annex I 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 their 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 PCC.
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.
Ms McMillan has elected to take the payment as an honorarium.
The ‘Basic’ pay for the role of the Chief Constable is £149,913 compared to a salary of £123,648 for the role of Deputy Chief Constable within Cleveland Police.
The honorarium can accordingly be to a value of up to £26,265 per annum, which is paid pro-rata until the vacancy is filled.
Given the above, the honorarium would start 28 days after the period of acting began. In this case, this is 9 January 2022 and will continue until the vacancy is filled.
I note and approve the legal arrangements for Acting Chief Constable. I look forward to working with Deputy Chief Constable McMillan in that capacity.
I approve the arrangements for Acting Chief Constable, set out above. They cater for
periods of absence and vacancy in respect of the office of Chief Constable. I approve an
honorarium of £26,265 per annum to be paid pro-rata during the acting period.