The Police Pensions Regulations (Northern Ireland) 2015

Compulsory retirement on grounds of permanent medical unfitness N.I.

80.—(1) This regulation applies if —

(a) in respect of a member—

(i) who falls within regulation 4(1)(a), the police pension authority refers questions relating to the member's permanent medical unfitness to a selected medical practitioner under regulation 79(1) (referral of medical questions for purpose of regulation 80); or

(ii) who falls within regulation 4(1)(b) or (c), the Chief Constable refers questions relating to the member's permanent medical unfitness of a selected medical practitioner under regulation 79(3) (referral of medical questions for purpose of regulation 80);

(b) the selected medical practitioner gives—

(i) in respect of a member who falls within regulation 4(1)(a), the police pension authority and the member, a report and certificate under that regulation; or

(ii) in respect of a member who falls within regulation 4(1)(b) or (c), the Chief Constable and the member, a report and certificate under that regulation; and

(c) the report and certificate contains the decision that the member is permanently medically unfit for performing the ordinary duties of a member of the police service.

(2) That report and certificate is final, subject to—

(a) a review under Chapter 4 of Part 7;

(b) an appeal under Schedule 1 against the decision of the selected medical practitioner; or

(c) the referral under Schedule 1 of the decision of the selected medical practitioner for reconsideration.

(3) In respect of a member who falls within regulation 4(1)(a), the police pension authority after considering all the relevant circumstances and all the advice and information available to the police pension authority (including input from the member)—

(a) may require the member to retire on the date the police pension authority considers the member ought to retire on the grounds that the member is permanently medically unfit for performing the ordinary duties of a member of the police service; or

(b) may require the member to continue to serve as a member of the police service.

(4) In respect of a member who falls within regulation 4(1)(b) or (c), the Chief Constable after considering all the relevant circumstances and all the advice and information available to the Chief Constable (including input from the member) —

(a) may require the member to retire on the date the Chief Constable considers the member ought to retire on the grounds that the member is permanently medically unfit for performing the ordinary duties of a member of the police service; or

(b) may require the member to continue to serve as a member of the police service.

Modifications etc. (not altering text)

C1 Reg. 80(2) applied (1.10.2023) by The Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023/122), regs. 1(b), 51(4)