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The Police Pensions Regulations (Northern Ireland) 2015

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Permanent medical unfitness

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73.—(1) In these Regulations, a reference to a member of the police service who falls within regulation 4(1)(a),(b) or (c)(“the member”) being permanently medically unfit is taken to be a reference to—

(a)the member being medically unfit at the time the selected medical practitioner decides the question; and

(b)that medical unfitness being at that time likely to be permanent.

(2) For the purpose of deciding whether or not the member’s medical unfitness is likely to be permanent, the member is taken to receive normal appropriate medical treatment.

(3) In this regulation, “appropriate medical treatment” does not include medical treatment that the police pension authority acting in exercise of its functions as scheme manager decides is reasonable for the member to refuse.

(4) In respect of a member who falls within regulation 4(1)(b) “appropriate medical treatment” does not include medical treatment that the Chief Constable decides is reasonable for the member to refuse.

(5) The member may appeal under regulation 206 (appeals to the Department) against a decision of the police pension authority as to whether a refusal to accept medical treatment is reasonable.

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