The Police Reform (Pensions Amendments) (Scotland) Regulations 2013

PART 2Amendment of the Police Pensions Regulations 1987

General

2. The Police Pensions Regulations 1987(1) are amended in accordance with regulations 3 to 12.

Regulation A6

3. In regulation A6 (meaning of certain expressions)(2), omit paragraphs (5G) to (5I).

Regulation A15

4. Omit regulation A15 (alterations in police areas).

Regulation A16

5. In regulation A16 (transfers), omit paragraphs (a) and (e).

Regulation A17

6. In regulation A17 (retirement)(3), in paragraph (1)(a) for the words from “section 26” to “2006” substitute “section 48 of the 2012 Act”.

Regulation B1

7. In regulation B1(3) (policeman’s ordinary pension)—

(a)in sub-paragraph (b), for “regulation 11 of the Police (Scotland) Regulations 2004(4)” substitute “regulation 7 of the Police Service of Scotland Regulations 2013(5)”; and

(b)in sub-paragraph (d), for “section 4(4)(d) of the Police (Scotland) Act 1967(6)” substitute “section 14 of the 2012 Act”.

Regulation B2

8. In regulation B2 (policeman’s short service award), in paragraph (1)(c) for “section 4(4)(d) of the Police (Scotland) Act 1967” substitute “section 14 of the 2012 Act”.

Regulation E8

9. In regulation E8 (increase of widow’s pension or child’s allowance during first 13 weeks)(7), in paragraph (2A)(b) after “2004” insert “or regulation 26 of the Police Service of Scotland Regulations 2013”.

Regulation F3

10. In regulation F3 (previous service reckonable without payment)(8), in paragraph (1)(e) for “section 38A(3) of the Police (Scotland) Act 1967” substitute “section 15(5) of the 2012 Act”.

Regulation H6

11. In regulation H6 (appeal by overseas policeman, inspector of constabulary or central police officer), in paragraph (10)(b) for “section 33 or 34 of the Police (Scotland) Act 1967” substitute “section 71 or 72 of the 2012 Act”.

Schedule A

12. In Schedule A (glossary of expressions)(9)—

(a)after the definition of “the 1999 Act”, add—

““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012(10);”;

(b)in the definition of “central police officer”, for “section 38(1) of the Police (Scotland) Act 1967” substitute “section 15(5) of the 2012 Act”;

(c)in the definition of “central service”, for “section 38A(1)(b) or (bc) of the Police (Scotland) Act 1967” substitute—

“any of the following kinds of temporary service in pursuance of section 15 of the 2012 Act—

(a)service in accordance with section 72(1)(b) or 73(1)(b) of the 2012 Act as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;

(b)service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers; or

(c)service as a member of staff of SOCA;”;

(d)in the definition of “chief officer of police”, omit the words from “and in relation” to “General”;

(e)in the definition of “home police force”, at the end insert “or the Police Service of Scotland”;

(f)in the definition of “maternity leave”, for “has the same meaning as in regulation 4(1) of the Police (Scotland) Regulations 2004” substitute “means leave taken in accordance with a determination under regulation 33(7) of the Police (Scotland) Regulations 2004 or under regulation 25(7) of the Police Service of Scotland Regulations 2013”;

(g)in the definition of “member of a police force”, omit paragraph (h) and the word “and” immediately before it;

(h)in the definition of “parental leave”, after “2004” insert “, regulation 25(8)(b) of the Police Service of Scotland Regulations 2013”;

(i)in the definition of “part-time service”, for the words from “regulation 8A” to “1976” substitute “regulation 3 of the Police Service of Scotland Regulations 2013”;

(j)in the definition of “police authority”, omit the words from “, and accordingly” to the end;

(k)omit the definition of “a police member of SCDEA” and the definition relating to “Police Operating Account” and “Police Pension Account” ;

(l)in the definition of “regular policeman”—

(i)omit paragraph (g); and

(ii)in paragraph (h), for the words from “accordance” to the end substitute “pursuance of section 15 of the 2012 Act with any person engaged in activity outwith the United Kingdom”;

(m)omit the definition of “SCDEA”;

(n)in the definition of “sick leave”, after “2004” insert “, regulation 25(5) of the Police Service of Scotland Regulations 2013”; and

(o)omit the definition of “SPSA”.

(1)

S.I. 1987/257.

(2)

Relevant amending instrument is S.S.I. 2011/154.

(3)

Relevant amending instrument is S.S.I. 2011/154.

(4)

S.S.I. 2004/257.

(5)