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The Police Pension Scheme (Scotland) Regulations 2015
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Decision of employer void if appeal against decision of selected medical practitioner is successful
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109.—(1) A decision of the employer under this Chapter is void if—
(a)the selected medical practitioner decides that—
(i)the member is permanently medically unfit for performing the ordinary duties of a member of the police force; or
(ii)the member is permanently medically unfit for engaging in any regular employment;
(b)the member appeals under Schedule 1 against the decision of the selected medical practitioner; and
(c)the appeal board decides that the member is not so permanently medically unfit.
(2) A decision of the employer under this Chapter is void if—
(a)the selected medical practitioner decides that—
(i)the member is not permanently medically unfit for performing the ordinary duties of a member of the police force; or
(ii)the member is not permanently medically unfit for engaging in any regular employment;
(b)the member appeals under Schedule 1 against the decision of the selected medical practitioner; and
(c)the appeal board decides that the member is so permanently medically unfit.
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