The Police Pensions (Scotland) Regulations 2007

Decisions on eligibility for pension awards payable on the ground of permanent disablement

Reference to selected medical practitioner – eligibility for pension awards payable on the ground of permanent disablement

69.—(1) For the purposes of a determination by the police authority of a person’s eligibility to receive pension awards payable on the ground of permanent disablement in pursuance of regulation 8, the selected medical practitioner shall report to the police authority the selected medical practitioner’s opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police force, and such a report shall, subject to an appeal under regulation 70, be final.

(2) A copy of any such report shall be supplied to the person who is the subject of that report.

Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

70.—(1) A person in respect of whom it has been determined under regulation 8(3) that the risk presented by that person that that person will retire on the ground that that person is permanently disabled is such that the likely cost of providing that person with benefits under these Regulations is disproportionately high, who is dissatisfied with the opinion of the selected medical practitioner may appeal against the practitioner’s report if–

(a) within 28 days of receiving notice of the police authority’s decision under regulation 8(3) the person gives notice that that person intends to make such an appeal; and

(b) within 2 months (or such longer period as may be agreed by the police authority) of receiving notice of the police authority’s decision the person supplies evidence that a registered medical practitioner (“the appellant’s practitioner”) has examined that person and disagrees with the selected medical practitioner’s opinion on the likelihood or likely timing (or both) of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police force.

(2) The police authority shall ask the selected medical practitioner to reconsider the selected medical practitioner’s report in the light of that evidence and, if necessary, to produce a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police force.

(3) In any case in which, following such reconsideration, the person concerned remains dissatisfied with the opinion of the selected medical practitioner, the authority shall arrange for a third registered medical practitioner to examine the person; and in any case, any report produced in accordance with paragraph (2) as revised (as the case may be) by the third registered medical practitioner shall be final.

(4) The third medical practitioner shall be acceptable to the selected medical practitioner and to the appellant’s practitioner, except that in the event of a failure to agree, the police authority may appoint such third medical practitioner as it considers appropriate.

(5) The third medical practitioner shall supply the police authority and the appellant with a written statement of opinion, which, if it disagrees with any part of the report of the selected medical practitioner, shall take the form of a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of that person’s duty, which shall be final.