Police Pensions Act 1976

1 Police pensions regulations. E+W+S

(1) Regulations to be made by the Secretary of State, with the consent of the Minister for the Civil Service and after consultation with [F1 the appropriate advisory or negotiating body], shall make provision—

(a) as to the pensions which are to be paid to and in respect of members of police forces, whether as of right or otherwise;

(b) as to the contributions in respect of pension rights which are to be made by members of police forces; and

(c) as to the times at which and the circumstances in which members of police forces are or may be required to retire otherwise than on the ground of misconduct.

[F2 (1ZA) In subsection (1) above, “the appropriate advisory or negotiating body” means—

(a) as regards England and Wales, the Police Advisory Board for England and Wales;

(b) as regards Scotland, the Police Negotiating Board for Scotland.

(1ZB) When carrying out consultation under subsection (1) above as regards England and Wales, the Secretary of State shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.]

[F3 (1A) Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).]

(2) Without prejudice to the generality of the provisions of subsection (1) above, any such regulations shall provide for the payment subject to the regulations—

(a) of pensions to and in respect of persons who cease to be members of a police force after having served for such period as may be prescribed by the regulations;

(b) of pensions to and in respect of persons who cease to be members of a police force after such shorter period as may be prescribed by the regulations by reason of infirmity of mind or body;

(c) of pensions to and in respect of persons who cease to be members of a police force by reason of injury received in the execution of their duty;

(d) of pensions to and in respect of persons who cease to be members of a police force on the ground of age; and

(e) of pensions in respect of persons who die while serving as members of police forces.

[F4 (2A) Without prejudice to the generality of the provisions of subsection (1) above, any such regulations may make provision for the payment and receipt by [F5 police pension authorities] of transfer values or of other lump sum payments made for the purpose of creating or restoring pension rights.]

(3) Regulations made under this section may contain such consequential or incidental provisions as appear to the Secretary of State to be necessary or expedient, including, in particular, provision as to the cases in which pensions are to be—

(a) varied, suspended, terminated or forfeited; or

(b) applied otherwise than by being paid to the person to whom they were awarded;

and may provide for a pension to be forfeited wholly or in part and for the forfeiture to be permanent or temporary.

(4) Without prejudice to the generality of subsection (3) above, the provision which may be made by regulations under this section with respect to forfeiture shall include provision by reference not only to the fact that a person to whom a pension has been awarded has committed and been convicted of an offence as specified in the regulations but also to the fact that the offence in question has been certified by a Minister of the Crown either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service.

(5) Regulations made under this section may be framed so as to have effect as from a date earlier than the making of the regulations.

(6) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 1(1) substituted (1.9.2014 for E.W., 17.8.2023 for S.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 133(3)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 3(a); S.I. 2023/829, art. 2(b)

F2 S. 1(1ZA)(1ZB) inserted (1.9.2014 for E.W., 17.8.2023 for S.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 133(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 3(a); S.I. 2023/829, art. 2(b)

F3 S. 1(1A) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 12 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(e)

F4 S. 1(2A) inserted (retrospective to 22.7.1976) by 1997 c. 52, s. 1(1)

F5 Words in s. 1(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 129; S.I. 2011/3019, art. 3, Sch. 1

Modifications etc. (not altering text)

C1 S. 1: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)