The Police (Injury Benefit) (Scotland) Regulations 2006

1. Introductory Text

2. PART 1 GENERAL PROVISIONS

   1. 1. Citation, commencement, effect and extent

   2. 2. Meaning of certain expressions and references – general provisions

   3. 3. Meaning of certain expressions in relation to persons who are not members of a home police force

   4. 4. Pensionable and average pensionable pay and aggregate pension contributions

   5. 5. Weekly rate of pensions and allowances

   6. 6. Injury received in the execution of duty

   7. 7. Disablement

   8. 8. Disablement, death or treatment in hospital the result of an injury

   9. 9. Transitional provisions

   10. 10. Revocations and amendments

3. PART 2 AWARDS ON INJURY OR DEATH

   1. 11. Police officer’s injury award

   2. 12. Disablement gratuity

   3. 13. Adult survivor’s special award

   4. 14. Adult survivor’s augmented award

   5. 15. Limitation on award to adult survivor living apart from the deceased officer

   6. 16. Termination of adult survivor’s award on remarriage or other event

   7. 17. Child’s special allowance

   8. 18. Child’s special gratuity

   9. 19. Child’s special allowance or special gratuity – limitations

   10. 20. Adult dependent relative’s special pension

   11. 21. Death gratuity

   12. 22. Abatement of certain gratuities in respect of gratuities otherwise payable

   13. 23. Abatement of certain gratuities in respect of damages or compensation

4. PART 3 SUPPLEMENTARY PROVISIONS

   1. 24. Gratuity in lieu of adult survivor’s special pension

   2. 25. Gratuity in lieu of child’s special allowance

   3. 26. Limitation on discretion to grant a gratuity in lieu of an adult survivor’s special pension or a child’s special allowance

   4. 27. Prevention of duplication

   5. 28. Increase of adult survivor’s special pension or child’s special allowance during first 13 weeks

   6. 29. Increase of awards by reference to the Pensions (Increase) Acts

5. PART 4 APPEALS AND MEDICAL QUESTIONS

   1. 30. Reference of medical questions

   2. 31. Appeal to board of medical referees

   3. 32. Further reference to medical authority

   4. 33. Refusal to be medically examined

   5. 34. Appeal by a member of a home police force

   6. 35. Appeal by inspector of constabulary or police officer engaged on relevant service and any other overseas police officer

   7. 36. Limitations on appeals

6. PART 5 REVISION AND WITHDRAWAL OR FORFEITURE OF AWARDS

   1. 37. Reassessment of injury pension

   2. 38. Reduction of pension in case of default

   3. 39. Withdrawal of pension during service as a regular police officer

   4. 40. Forfeiture

7. PART 6 PAYMENTS BY AND TO POLICE AUTHORITIES

   1. 41. Authorities responsible for payment of awards

   2. 42. Funds out of which and into which payments are to be made

   3. 43. Payment and duration of awards

   4. 44. Payment of awards otherwise than to beneficiary and application of payments

8. Signature

9. 1. SCHEDULE 1

      GLOSSARY OF EXPRESSIONS

      1. 1. In these Regulations, unless the context otherwise requires, the following...

   2. SCHEDULE 2

      1. PART 1 AMENDMENTS OF THE 1987 REGULATIONS

         1. 1. In regulation A2(b) (supplementary provisions) for “, the Police Pensions...

         2. 2. In regulation A8 (persons treated as being in receipt of...

         3. 3. In regulation A12(2), omit “Subject to paragraph 3”.

         4. 4. At the end of regulation B5(2)(b) (policeman’s deferred pension) insert...

         5. 5. In regulation B6(1)(b) (award by way of repayment of aggregate...

         6. 6. In regulation B7(8)(b) (commutation general provision), after “injury pension” insert...

         7. 7. In regulation B8 (commutation-small pensions)– (a) in paragraph (1), after...

         8. 8. In regulation C1(1)(b) (widow’s ordinary pension), for “and an injury...

         9. 9. In regulation C5 (limitation on award to widow with reference...

         10. 10. In regulation C6 (widow’s requisite benefit and temporary pension)–

         11. 11. In regulation C7(1) (widow’s award where no other award payable)–...

         12. 12. In regulation D1(b) (child’s ordinary allowance), for “and an injury...

         13. 13. In regulation D5 (child’s allowance or special gratuity- limitations)–

         14. 14. In regulation E3 (gratuity estate)– (a) in paragraph (2)(a), after...

         15. 15. In regulation E4(6) (gratuity in lieu of widow’s pension), omit...

         16. 16. In regulation E7 (prevention of duplication)– (a) in paragraph (1)(a),...

         17. 17. In regulation E8 (increase of widow’s pension or child’s allowance...

         18. 18. In regulation G1(5)(a) (pensionable and average pensionable pay), omit the...

         19. 19. In regulation H1(2) (reference of medical questions), omit the words...

         20. 20. In regulation J1(policeman with a guaranteed minimum for the purposes...

         21. 21. In regulation K1(cancellation of pensions)– (a) at the heading, omit...

         22. 22. In regulation K3 (reduction of pension in case of default),...

         23. 23. In regulation K4(1) (withdrawal of pension during service as a...

         24. 24. In regulation K5(1) (forfeiture of pension), omit “or under regulation...

         25. 25. In regulation L3 (payment and duration of awards)–

         26. 26. In Schedule A (glossary of expressions)– (a) insert at the...

         27. 27. In paragraph 1(2)(b) of Part I of Schedule C (widow’s...

         28. 28. In paragraph 1 of Part IV of Schedule C (widow’s...

         29. 29. In paragraph 1 of Part I of Schedule D (child’s...

         30. 30. In paragraph (3)(1)(b) of Part I of Schedule D, for...

         31. 31. In Schedule J– (a) in Part I, omit paragraphs 6...

      2. PART 2 AMENDMENTS OF THE POLICE PENSIONS (SUPPLEMENTARY PROVISIONS) REGULATIONS 1987

         1. 1. In regulation 8, in the heading, paragraph (1) and paragraph...

      3. PART 3 REVOCATIONS

   3. SCHEDULE 3

      POLICE OFFICER'S INJURY AWARD

      1. 1. A gratuity under regulation 11 shall be calculated by reference...

      2. 2. If in a case where any of the police officer’s...

      3. 3. An injury pension shall be calculated by reference to the...

      4. 4. If in a case where any of the police officer’s...

      5. 5. In paragraphs 2, 3 and 4, references to a person’s...

      6. 6. The amount of an injury pension, calculated as aforesaid, shall...

      7. 7. For the purposes of sub paragraph (1), such other pension...

      8. 8. (1) The amount of the injury pension in respect of...

      9. 9. No payment shall be made in respect of an injury...

      10. 10. In a case where– (a) a former police officer was...

   4. SCHEDULE 4

      REDUCTION IN CHILD'S SPECIAL ALLOWANCE DURING FULL TIME REMUNERATED TRAINING ETC

      1. 1. (1) In this Schedule– “relevant child” means, subject to sub...

      2. 2. In the case of any relevant child–

      3. 3. (1) Where as well as any relevant child there are...

   5. SCHEDULE 5

      ADULT DEPENDENT RELATIVE'S SPECIAL PENSION

      1. 1. Subject to paragraphs 2, 3 and 4, a dependent relative’s...

      2. 2. In respect of any week in respect of which there...

      3. 3. The amount of a dependent relative’s special pension determined in...

      4. 4. (1) Where in respect of any week the aggregate amount...

   6. SCHEDULE 6

      MEDICAL APPEALS

      1. 1. Every notice of appeal under regulation 31(1) and statement of...

      2. 2. On receiving a notice of appeal against a report issued...

      3. 3. The Scottish Ministers shall refer an appeal to a board...

      4. 4. (1) The board of medical referees shall consist of not...

      5. 5. (1) Where either party to the appeal intends to submit...

      6. 6. (1) Any hearing (including any examination) may be attended by–...

      7. 7. The board of medical referees shall supply the police authority,...

      8. 8. (1) There shall be paid to the board of medical...

      9. 9. (1) Save as hereinafter provided, the expenses of each party...

10. Explanatory Note