Police Pensions Act 1976

7 Payment of pensions and contributions. E+W+S

(1) Regulations made under section 1 above shall specify the persons by and to whom and the funds into or out of which pensions and contributions in respect of pension rights are to be payable, may provide for the establishment or continuance of special funds for the purpose, and, subject to the provisions of subsection (2) below, may provide for payments of contributions or pensions, and [F1 such other payments and receipts as are mentioned in sections 1(2A) and 4(2) above, being paid] into the Consolidated Fund or out of moneys provided by Parliament.

(2) No regulations made by virtue of this section shall provide for payments into the Consolidated Fund or out of moneys provided by Parliament except in relation to a person who is or has been—

(a) such a person as is mentioned in section 1(1) of the M1 Police (Overseas Service) Act 1945;

[F2 (b) an officer engaged on service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980 [F3 or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002];

(ba) a person engaged on temporary service in accordance with arrangements made under [F4 section 26(2) of the Police Act 1996] or section 12A(2) of the Police (Scotland) Act 1967;

(bb) a person engaged on service in the Royal Ulster Constabulary, whose service is or was for the time being service in respect of which the provisions of [F5 section 97of the Police Act 1996 ] or, as the case may be, section 38A of the M2 Police (Scotland) Act 1967 have or had effect; ]

(c) an inspector or assistant inspector of constabulary; or

[F6 (ca) [F7 an employee of SOCA and who immediately before he became an employee of SOCA was serving as ] the Director General of the National Criminal Intelligence Service;

(cb) [F8 an employee of SOCA and who immediately before he became an employee of SOCA was serving as ] the Director General of the National Crime Squad;

(cc) [F9 an employee of SOCA and 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 (c. 50) by virtue of subsection (2)(a) of that section;

(cd) [F10 an employee of SOCA and 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; ]

F11 (ce) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (cf) a member of the staff of the National Policing Improvement Agency who holds the office of constable;]

[F13 (cg) a member of staff of the [F14 Independent Safeguarding Authority] who holds the office of constable;]

[F15 (cg) a constable seconded to 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 ”) but not 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 ;

(ch) a person who–

(i) is seconded to the Scottish Police Services Authority by virtue of paragraph 10(3) of schedule 1 to the 2006 Act ;

(ii) is not appointed as mentioned in paragraph (cg); and

(iii) immediately before such secondment, is or is eligible to be a member of a pension scheme provided for under section 1 above;

(ci) 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 ;

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

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

[F16 (ch) the Chief Inspector of the UK Border Agency;]

(d) a person engaged on central service;

or any other person whose salary or remuneration is or was wholly or partly payable out of moneys provided by Parliament or who is or may become entitled to or eligible for a pension so payable.

(3) For the purposes of subsection (2) above regulations shall not be treated as providing for payments out of moneys provided by Parliament by reason only that, as a result of the making of the regulations, an increased sum may be payable out of moneys provided by way of a grant towards the expenses of a police force.

[F17 (4) Where regulations are made under section 1 above by the Scottish Ministers by reason of a transfer of functions under the Scotland Act 1998, this section shall have effect with the following modifications:–

(a) in each of subsections (1) and (2), for “into the Consolidated Fund or out of money provided by Parliament” substitute “ into or out of the Scottish Consolidated Fund ” ;

(b) in subsection (3), for “money provided by Parliament” substitute “ the Scottish Consolidated Fund ” . ]

Subordinate Legislation Made

P1 s. 7: for previous exercises of power see Index to Government Orders

S. 7: S. 1 ( with ss. 2, 3, 4, 5, 6, 7 ) : power exercised by S.I. 1991/1304

Textual Amendments

F1 Words in s. 7(1) substituted (21.3.1997) by 1997 c. 52, s. 1(2)

F2 S. 7(2)(b)(ba)(bb) substituted for s. 7(2)(b) (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. 19; S.I. 1994/3262, art. 4, Sch. (with art. 5)

F3 Words in s. 7(2)(b) inserted (17.6.2002) by 2002 c. 1, s. 19, Sch. 3 para. 6(1) (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

F4 Words in s. 7(2)(ba) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 29(2)

F5 Words in s. 7(2)(bb) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 29(3)

F6 S. 7(2)(ca)-(cd) inserted (1.4.2002) by 2001 c. 16, s. 126(1); S.I. 2002/344, art. 3 (with art. 4)

F7 Words in s. 7(2)(ca) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 30; S.I. 2006/378, art. 4(1), Sch. para. 10

F8 Words in s. 7(2)(cb) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 30; S.I. 2006/378, art. 4(1), Sch. para. 10

F9 Words in s. 7(2)(cc) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 30; S.I. 2006/378, art. 4(1), Sch. para. 10

F10 Words in s. 7(2)(cd) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 30; S.I. 2006/378, art. 4(1), Sch. para. 10

F11 S. 7(2)(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)

F12 S. 7(2)(cf) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 58; S.I. 2007/709, art. 3(a) (with art. 6)

F13 S. 7(2)(cg) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 11(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.

F14 Words in s. 7 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(b), 116(5)(a)

F15 S. 7(2)(cg)-(ck) 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(2)

F16 S. 7(2)(ch) inserted (E.W.) (15.4.2010) by Police Pensions (Descriptions of Service) Order 2010 (S.I. 2010/899), arts. 1(2), 2(2)

F17 S. 7(4) inserted (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(1), Sch. 5 para. 4 (with art. 7)

Modifications etc. (not altering text)

C1 S. 7: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

M1 1945 c. 17.

M2 1967 c. 28.