Police Pensions Act 1976

11 Interpretation. E+W+S

(1) This Act shall have effect as if any reference (however expressed) to membership of a police force or to service or employment in a police force included a reference to—

[F1 (a) service as an officer pursuant to an appointment under section 10 of the M1 Overseas Development and Co-operation Act 1980 [F2 or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 ] ;

(aa) temporary service in accordance with arrangements made under [F3 section 26(2) of the Police Act 1996] or section 12A(2) of the Police (Scotland) Act 1967;

(ab) service in the Royal Ulster Constabulary in respect of which the provisions of [F4 section 97 of the Police Act 1996] or, as the case may be, section 38A of the Police (Scotland) Act 1967 have effect;]

(b) service as an inspector or assistant inspector of constabulary appointed on or after 1st August 1964; and

[F5 (ba) service [F6 as an employee of SOCA by a person who immediately before he became an employee of SOCA was serving ] as the Director General of the National Criminal Intelligence Service;

(bb) service [F7 as an employee of SOCA by a person who immediately before he became an employee of SOCA was serving ] as the Director General of the National Crime Squad;

(bc) service [F8 as an employee of SOCA by a person who immediately before he became an employee of SOCA was serving ] as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 by virtue of subsection (2)(a) of that section;

(bd) service [F9 as an employee of SOCA by a person who immediately before he became an employee of SOCA was serving ] as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section; ]

F10 (be) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (bf) service, by a person holding the office of constable, as a member of the staff of the National Policing Improvement Agency;]

[F12 (bg) service as a member of staff of the Scottish Police Services Authority by virtue of paragraph 10(2) of schedule 1 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (“the 2006 Act ”) other than service while appointed as a police member of the Scottish Crime and Drug Enforcement Agency by virtue of paragraph 7 of schedule 2 to the 2006 Act ;

(bh) service as a member of staff of the Scottish Police Services Authority by a person seconded to that Authority by virtue of paragraph 10(3) of schedule 1 to the 2006 Act (other than while appointed as mentioned in paragraph (bg)) if immediately before such secondment that person is or is eligible to be a member of a pension scheme provided for under section 1 above;

(bi) service as a police member of the Scottish Crime and Drug Enforcement Agency appointed by virtue of paragraph 7(2)(a) or (c) of schedule 2 to the 2006 Act ;

(bj) service as a police member of the Scottish Crime and Drug Enforcement Agency by a person appointed by virtue of paragraph 7(2)(b) of schedule 2 to the 2006 Act if immediately before such appointment that person is or is eligible to be a member of a pension scheme provided for under section 1 above;

(bk) service as the Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency;]

[F13 (c) central service in respect of which the provisions of section 97 of the Police Act 1996 or (as the case may be) of section 38A of the Police (Scotland) Act 1967 have effect.]

(2) In this Act “police authority” means any police authority within the meaning of [F14 the Police Act 1996] or the Police (Scotland) Act 1967, except that—

(a) in relation to any regulations made under the M2 Police (Overseas Service) Act 1945 and any service such as is mentioned in subsection (1)(a) above, it means the Secretary of State or the Minister of Overseas Development; F15 . . .

(b) in relation to any service such as is mentioned in subsection (1) [F16 (aa), (ab),] (b) or (c) above, it means [F17 , subject to paragraphs [F18 (ba)] to (e) below,] the Secretary of State.

[F19 (ba) in relation to service of the kind described in section 97(1)(aa) of the Police Act 1996 (c. 16) or section 38A(1)(aa) of the Police (Scotland) Act 1967 (c. 77), it means the Independent Police Complaints Commission;]

[F20 (c) in relation to any such service as is mentioned in paragraph (ba), (bb), (bc) or (bd) of subsection (1) or any service of the kind described in section 97(1)(cf) of the Police Act 1997 or section 38A(1)(bc) of the Police (Scotland) Act 1967, it means SOCA;]

F21 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (f) in relation to any service such as is mentioned in subsection (1)(bf), it means the National Policing Improvement Agency;]

[F23 (g) in relation to any service such as is mentioned in subsection (1)(bg), (bh), (bi), (bj) or (bk) above, it means the Scottish Police Services Authority.]

(3) In this Act, except so far as the context otherwise requires, “ police force ” means any police force within the meaning of [F24 the Police Act 1996 ] or the Police (Scotland) Act 1967, and, in respect of—

(a) any person such as is mentioned in section 1(1) of the Police (Overseas Service) Act 1945; and

(b) any person engaged or employed in any service such as is mentioned in subsection (1)( a ), [F25 (aa), (ab), [F26 (ba), (bb), (bc), (bd), ]]F27 ... [F28 (bf),] [F29 (bg), (bh), (bi), (bj), (bk),]( b ) or ( c ) above;

any body in [F30 or with] which that person is serving.

(4) This Act shall have effect—

(a) as if commissioners and assistant commissioners of the metropolitan police force and commissioners of the City of London police force were members of those forces respectively; and

(b) in relation to any person who on 5th July 1948 was or had been the surgeon of the City of London police force or a clerk or other person employed in or in connection with that force, as if such surgeons, clerks or other persons employed in or in connection with that force were members of that force;

and references in this Act to membership of a police force shall be construed accordingly.

(5) Except so far as the context otherwise requires, in this Act—

• [F31 “ central service ”—

  (a)

  means relevant service within paragraph [F32 (aa), ] (b), (c), F33 ... F34 ... [F35 (cf) ] or (d) of section 97(1) of the Police Act 1996, or

  (b)

  has the meaning given in section 38(5) of the Police (Scotland) Act 1967 [F36 or means relevant service within paragraph [F32 (aa),] F34 ... [F37 (bc)] of section 38A(1) of the said Act of 1967],

  (as the case may require).]

• “ injury ” includes disease;

• “ pension ”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a lump sum or a gratuity so payable and a return of contributions; and

• “ pension rights ” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

• [F38 “ SOCA ” means the Serious Organised Crime Agency. ]

[F39 (6) References in this Act to the Director General of the National Criminal Intelligence Service and to his service have effect only in relation to cases in which the person in question was a serving police officer for the purposes of section 6 of the Police Act 1997 (c. 50) immediately before his appointment to that office took effect.]

[F40 (7) References in this Act to an inspector or assistant inspector of constabulary, and to service as such, do not have effect in relation to cases in which the person in question—

(a) was appointed on or after 1st January 1999, and

(b) did not serve as a member of a police force at any time before his appointment took effect.]

Textual Amendments

F1 S. 11(1)(a)(aa)(ab) substituted for s. 11(1)(a) (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(2) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F2 Words in s. 11(1)(a) inserted (17.6.2002) by 2002 c. 1 , s. 19 , Sch. 3 . para. 6(2) (with s. 20, Sch. 5 para. 5); S.I. 2002/1408 , art. 2

F3 Words in s. 11(1)(aa) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(2)(a)

F4 Words in s. 11(1)(ab) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(2)(b)

F5 S. 11(1)(ba)-(bd) inserted (1.4.2002) by 2001 c. 16 , s. 126(2) ; S.I. 2002/344 , art. 3 (with art. 4 )

F6 Words in s. 11(1)(ba) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(2) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F7 Words in s. 11(1)(bb) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(2) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F8 Words in s. 11(1)(bc) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(2) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F9 Words in s. 11(1)(bd) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(2) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F10 S. 11(1)(be) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F11 S. 11(1)(bf) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 59(2); S.I. 2007/709, art. 3(a) (with art. 6)

F12 S. 11(1)(bg)-(bk) inserted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 2(3)(a)

F13 S. 11(1)(c) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(2)(c)

F14 Words in s. 11(2) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(3)

F15 Word in s. 11(2)(a) repealed (1.4.1998) by Police Act 1997 (c. 50) , s.134(1)(2) , Sch. 9 para. 33(2)(a) , Sch. 10 ; S.I. 1998/354 , art. 2(2)(bb)

F16 Words in s. 11(2)(b) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(3) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F17 Words in s. 11(2)(b) inserted (1.4.1998) by Police Act 1997 (c. 50) , s. 134(1) , Sch. 9 para. 33(2)(b) ; S.I. 1998/354 , art. 2(2)(bb)

F18 Word in s. 11(2)(b) substituted (1.4.2004) by Police Reform Act 2002 (c. 30) , s. 108(2) , Sch. 7 para. 7(2)(a) ; S.I. 2004/913 , art. 2(e)

F19 S. 11(2)(ba) inserted (1.4.2004) by Police Reform Act 2002 (c. 30) , s. 108(2) , Sch. 7 para. 7(2)(b) ; S.I. 2004/913 , art. 2(e)

F20 S. 11(2)(c) substituted for s. 11(2)(c)(d) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(3) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F21 S. 11(2)(da)(e) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6); S.I. 2007/709, art. 3(q) (with art. 6)

F22 S. 11(2)(f) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 59(3); S.I. 2007/709, art. 3(a) (with art. 6)

F23 S. 11(2)(g) inserted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 2(3)(b)

F24 Words in s. 11(3) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(4)

F25 Words in s. 11(3)(b) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(4)(a) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F26 Words in s. 11(3)(b) inserted (1.4.2002) by 2001 c. 16 , s. 126(4) ; S.I. 2002/344 , art. 3 (with art. 4 )

F27 Words in s. 11(3)(b) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F28 Word in s. 11(3)(b) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 59(4); S.I. 2007/709, art. 3(a) (with art. 6)

F29 Words in s. 11(3) inserted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 2(3)(c)

F30 Words in s. 11(3) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(4)(b) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F31 Definition of “central service” in s. 11(5) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(5)

F32 Word in s. 11(5) inserted (1.4.2004) by Police Reform Act 2002 (c. 30) , s. 108(2) , Sch. 7 para. 7(3) ; S.I. 2004/913 , art. 2(e)

F33 Words in s. 11(5) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 31(4)(a) , Sch. 17 Pt. 2 ; S.I. 2006/378 , art. 4(1), Sch. paras. 10, 13(m)

F34 Words in s. 11(5) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F35 Word in s. 11(5) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(4)(a) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F36 Words in definition of “central service” in s. 11(5) inserted (1.4.1998) by Police Act 1997 (c. 50) , s. 134(1) , Sch. 9 para. 33(3)(b) ; S.I. 1998/354 , art. 2(2)(bb)

F37 Words in s. 11(5) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(4)(b) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F38 Words in s. 11(5) added (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15) , s. 178(8) , Sch. 4 para. 31(5) ; S.I. 2006/378 , art. 4(1) , Sch. para. 10

F39 S. 11(6) inserted (1.10.2002) by 2002 c. 30 , s. 107 , Sch. 7 para. 7(4) ; S.I. 2002/2306 art. 2(g)(i)(ii)

F40 S. 11(7) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 4; S.I. 2006/3364, art. 2(k)

Marginal Citations

M1 1980 c. 63

M2 1945 c. 17 (9 & 10 Geo. 6) .