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Prospective

PART 5N.I.REVISION AND WITHDRAWAL OR FORFEITURE OF AWARDS

ForfeitureN.I.

38.—(1) This regulation applies to a pension payable to or in respect of a police officer under regulation 10, regulation 12 or regulation 19.

(2) The Board may determine that a pension to which this regulation applies be forfeited, in whole or in part and permanently or temporarily as it may specify, if the pensioner has been convicted of an offence mentioned in paragraph (3) and, in the case of an adult survivor’s pension, that offence was committed after the death of the pensioner’s spouse or, as the case may be, civil partner.

(3) The offences referred to in paragraph (2) are—

(a)an offence of treason;

(b)one or more offences under the Official Secrets Acts 1911 to 1989 for which the grantee has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least ten years.

(4) The Board may determine that a pension to which this regulation applies be forfeited, in whole or in part and permanently or temporarily as it may specify, if the grantee has been convicted of an offence committed in connection with his service as a police officer which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(5) To the extent to which a pension is forfeited under this regulation, the Board shall be discharged from all actual or contingent liability in respect of that pension.

Commencement Information

I1Reg. 38 in operation at 25.7.2006 with effect in accordance with reg. 1