Statutory Instruments
POLICE
Made
20th February 1987
Laid before Parliament
9th March 1987
Coming into force
1st April 1987
1. These Regulations may be cited as the Police Pensions (Supplementary Provisions) Regulations 1987 and shall come into force on 1st April 1987.
2. The Police Pensions Regulations 1973(3) and the other Regulations specified in Part I of Schedule 1 hereto are hereby revoked to the extent there mentioned but, in respect of any period beginning on or after 1st April 1972 and ending before the coming into force of these Regulations, the said Regulations of 1973 as from time to time in force shall have effect subject to the amendment set out in Part II of that Schedule.
3. The Police Pensions Regulations 1987(4) shall come into force on 1st April 1987 and shall have effect subject to the transitional provisions set out in Part III of Schedule 1 hereto.
4. The old cases Regulations, that is to say the Regulations set out in Part I of Schedule 2 hereto, shall, subject to the amendment contained in Part II of that Schedule, continue to apply in the case of an award or payment to or in respect of, or relating to—
(a)a person who retired or otherwise ceased to be a member of a police force before 1st April 1972, or
(b)a person, being a serviceman who did not resume service as a regular policeman, whose period of relevant service in the armed forces ended before 1st April 1972,
including an award on the death of such a person on or after the said date.
5. The Police Pensions (War Service) Regulations 1979(5) shall have effect subject to the amendments set out in Schedule 3 hereto.
6. The Police Pensions (War Service) (Transferees) Regulations 1985(6) shall have effect subject to the amendments set out in Schedule 4 hereto.
7. The Police (Injury Benefit) Regulations 1987(7) shall have effect subject to the amendments set out in Schedule 5 hereto.
8.—(1) In accordance with Regulations 5, 6 and 7 of these Regulations, the Police Pensions Regulations 1987 shall have effect subject to the provisions of the Regulations amended thereby.
(2) Anything done before the coming into force of these Regulations under or for the purposes of the Regulations amended by Regulation 5, 6 or 7 thereof shall have effect as if done under or for the purposes of the Regulations in question as so amended.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State Home Office
6th February 1987
We consent
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 1987
Regulation 2
Instrument | Reference | Extent of revocation |
|---|---|---|
| The Police Pensions Regulations 1973 | S.I. 1973/428 | The whole instrument |
| The Police Pensions (Transitory Provisions) Regulations 1973 | S.I. 1973/429 | The whole instrument |
| The Police Pensions (Amendment) Regulations 1974 | S.I. 1974/1533 | Regulation 8 and, to the extent that it relates to the Police Pensions Regulations 1973 (“the Regulations of 1973”), Regulation 9 |
| The Police Pensions (Amendment) (No. 2) Regulations 1974 | S.I. 1974/1673 | The whole instrument |
| The Police Pensions (Amendment) (No. 3) Regulations 1974 | S.I. 1974/1796 | Regulation 7 and, to the extent that they amend the Regulations of 1973, Regulations 4, 5 and 8 |
| The Police Pensions (Amendment) Regulations 1975 | S.I. 1975/1718 | Regulations 4 and 8 and, to the extent that they amend the Regulations of 1973, Regulations 5, 6 and 9 |
| The Police Pensions (Amendment) Regulations 1976 | S.I. 1976/306 | The whole instrument |
| The Police Pensions (Amendment) (No. 2) Regulations 1976 | S.I. 1976/1707 | Regulation 7 and, to the extent that they amend the Regulations of 1973, Regulations 4, 5 and 8 |
| The Police Pensions (Amendment) Regulations 1977 | S.I. 1977/1705 | Regulation 7 and, to the extent that they amend the Regulations of 1973, Regulations 4, 5 and 8 |
| The Police Pensions (Amendment) (No. 2) Regulations 1977 | S.I. 1977/2173 | The whole instrument |
| The Police Pensions (Amendment) Regulations 1978 | S.I. 1978/375 | The whole instrument |
| The Police Pensions (Amendment) (No. 2) Regulations 1978 | S.I. 1978/1348 | The whole instrument |
| The Police Pensions (Amendment) (No. 3) Regulations 1978 | S.I. 1978/1578 | Regulation 7 and, to the extent that they amend the Regulations of 1973, Regulations 4, 5 and 8 |
| The Police Pensions (Amendment) Regulations 1979 | S.I. 1979/406 | The whole instrument |
| The Police Pensions (Amendment) (No. 2) Regulations 1979 | S.I. 1979/1287 | Regulations 5, 6 and 9 and, to the extent that they amend the Regulations of 1973, 4, 7 and 10 |
| The Police Pensions (Amendment) Regulations 1980 | S.I. 1980/82 | The whole instrument |
| The Police Pensions (Amendment) (No. 2) Regulations 1980 | S.I. 1980/272 | The whole instrument |
| The Police Pensions (Amendment) (No. 3) Regulations 1980 | S.I. 1980/1616 | Regulations 6, 9, 10 and 13 and, to the extent that they amend the Regulations of 1973, Regulations 3, 4 and 7 |
| The Police Pensions (Amendment) Regulations 1982 | S.I. 1982/1151 | The whole instrument |
| The Police Pensions (Amendment) Regulations 1983 | S.I. 1983/996 | The whole instrument |
| The Police Pensions (Amendment) Regulations 1985 | S.I. 1985/156 | The whole instrument |
| The Police Pensions (Amendment) Regulations 1986 | S.I. 1986/1379 | The whole instrument |
Regulation 2
In paragraph 1 of Part II of Schedule 3 to the Police Pensions Regulations 1973 (transitional modifications of provisions relating to a widow’s pension) the following provision shall be inserted after sub-paragraph (2)(a), namely:—
“(aa)section 10 of the Police Pensions Act 1921(8), or”.
Regulation 3
1. The Police Pensions Regulations 1987 shall have effect as if anything done, or treated as done, under or for the purposes of the Police Pensions Regulations 1973 had been done under or for the purposes of the corresponding provision of the said Regulations of 1987.
2. Without prejudice to the generality of paragraph 1 references therein to anything done shall include—
(a)the determination of a question;
(b)the exercise of a discretion;
(c)the decision that a provision should apply;
(d)the making of a payment;
(e)the giving of a notice; and
(f)the commutation or allocation of a portion of a pension.
Regulation 4
Instrument | Reference |
|---|---|
| The Police Pensions Regulations 1971 | S.I. 1971/232 |
| The Police Pensions (Amendment) Regulations 1971 | S.I. 1971/583 |
| The Police Pensions (Amendment) (No. 2) Regulations 1971 | S.I. 1971/1327 |
| The Police Pensions (Amendment) (No. 3) Regulations 1971 | S.I. 1971/1466 |
| The Police Pensions (Amendment) Regulations 1972 | S.I. 1972/1642 |
| The Police Pensions (Lump Sum Payments to Widows) Regulations 1986 | S.I. 1986/1380 |
So far as they are not revoked by Regulation 2:— | |
| The Police Pensions (Amendment) Regulations 1974 | S.I. 1974/1533 |
| The Police Pensions (Amendment) (No. 3) Regulations 1974 | S.I. 1974/1796 |
| The Police Pensions (Amendment) Regulations 1975 | S.I. 1975/1718 |
| The Police Pensions (Amendment) (No. 2) Regulations 1976 | S.I. 1976/1707 |
| The Police Pensions (Amendment) Regulations 1977 | S.I. 1977/1705 |
| The Police Pensions (Amendment) (No. 3) Regulations 1978 | S.I. 1978/1578 |
| The Police Pensions (Amendment) (No. 2) Regulations 1979 | S.I. 1979/1287 |
| The Police Pensions (Amendment) (No. 3) Regulations 1980 | S.I. 1980/1616 |
Regulation 4
At the end of Part IX of the Police Pensions Regulations 1971 there shall be added the following Regulation:—
82A.—(1) If the police authority so determine in the case of a particular regular policeman—
(a)who retired on or after 5th July 1948,
(b)in whose case a transfer value, calculated in accordance with these or the former Regulations has not been paid, Regulation F9 of the Police Pensions Regulations 1987 (“the Regulations of 1987”) and Sections 1 and 3 of Part II of Schedule F thereto shall have effect as if set out herein but subject to the exceptions and modifications mentioned in paragraphs (2) and (3) and any other necessary modifications.
(2) Regulation F9 of the Regulations of 1987 shall have effect for the purposes hereof as hereinafter provided, namely, as if—
(a)in paragraph (1)(a) after the word “who” there were inserted the word “retired” and the words “retires or retired on or after 1st April 1972” were omitted, and
(b)the requisite payment mentioned in paragraph (5)(b) were one of an amount equal to that of the policeman’s award mentioned in paragraph (1)(a)(ii) when increased by an amount equal to compound interest thereon at the rate of 6% per annum, calculated with yearly rests, in respect of the period before 1st January 1974 beginning with the date he received the award.
(3) Section 1 of Part II of Schedule F to the Regulations of 1987 shall have effect for the purposes hereof as hereinafter provided, namely—
(a)subject as hereinafter provided, the notional pensions referred to in paragraph 1(1)(b) and (c) shall be calculated in accordance with the Regulations of 1987 but by reference to—
(i)the policeman’s average pensionable pay within the meaning of these Regulations, or
(ii)in the case of a policeman who retired before 1st July 1949, his pensionable pay within the meaning of the Police Pensions Regulations 1948 or the Police Pensions (Scotland) Regulations 1948;
(b)where immediately before his retirement the policeman was paying pension contributions at a rate related to 5% of his pensionable pay, the widow’s notional accrued pension referred to in paragraph 1(1)(c) shall not be less than would have been the widow’s ordinary pension which would have been payable to his widow under these or the former Regulations (as in force at the time of his retirement) had he died when he retired in circumstances entitling her to such an award, calculated however at the flat rate specified in Scheme I of the appropriate provision of the Regulations in question (as then in force);
(c)where immediately before his retirement the policeman was paying pension contributions at a rate related to 6.25% of his pensionable pay, the widow’s notional accrued pension shall be calculated as if, at the time of his retirement—
(i)Regulation 57 of the Police Pensions Regulations 1973 had been in force in place of such of the relevant provisions, as defined in paragraph (2) of the said Regulation 57, as were then in force, and
(ii)paragraph 2 of Part VIII of Schedule B to the Police Pensions Regulations 1987 had been in force in place of the corresponding provisions of these or the former Regulations, as were then in force, and, accordingly, for the purposes of that calculation any additional contributions that he may have paid or any reduction that may have fallen to be made under the said relevant or corresponding provisions shall be deemed to have been paid or have fallen to be made under the said Regulation 57 or paragraph 2, as the case may be, and
(d)the reference in paragraph 6 to Part I of Schedule F shall be construed as a reference to the corresponding provision of these or the former Regulations (as in force immediately before he ceased to be a member of his former force).
(4) This Regulation shall have effect as if anything done under or for the purposes of Regulation 85 of the Police Pensions Regulations 1973 as it had effect by virtue of paragraph (4) thereof had been done under or for the purposes of this Regulation.”.
Regulation 5
In the provisions of the Police Pensions (War Service) Regulations 1979 specified in the first column of the following Table, for the words set out opposite thereto in the second column of that Table there shall be substituted the words so set out in the third column thereof.
Provision amended | Existing words | Substituted words |
|---|---|---|
| Regulation 3(1) | “the Police Pensions Regulations 1973” | “the Police Pensions Regulations 1987” |
| Regulation 7(2) | “Regulation 85” | “Regulation F9” |
| Regulation 9(5) | “Regulation 85”, in both places where the words occur | “Regulation F9” |
| Regulation 11 | “Part VIII of Schedule 2” | “Part VIII of Schedule B” |
| Regulation 12(1) | “Part IV of Schedule 3” | “paragraph 8 of Part II of Schedule J” |
| Regulation 12(2) | “Part IV of Schedule 3 and Part III of Schedule 4” | “paragraph 8 of Part II and paragraph 3 of Part III of Schedule J” |
| Regulation 12(2)(a) | “sub-paragraphs (a) and (b) of paragraph 1(1) of the said Part IV” | “entries (a) and (c) in Table A in paragraph 7(3) of the said Part II” |
| Regulation 13(1) | “has allocated a portion of his pension under Regulation 25” | “has, or is treated as having, allocated a portion of his pension under Regulation B9” |
| Regulation 13(2)(a) | “allocated as provided in Regulation 25” | “allocated, or is treated as having allocated, as provided in Regulation B9” |
| Regulation 13(3) | “given thereunder” | “given or treated as given thereunder” |
| Regulation 14(1)(a) | “sub-paragraphs (a), (b), (d) or (e) of Regulation 21(1) of the principal Regulations” | “Regulation B2(1) of the principal Regulations or in circumstances treated as such by paragraph 5(3) or 6(2) of Part VII of Schedule J to those Regulations” |
| Regulation 14(2) | “Regulation 24”, where the words first occur | “Regulation B7” |
| Regulation 14(3)(b) | “the principal Regulations” | “the Police Pensions Regulations 1973” |
| Regulation 15(2) | “commuted for a lump sum, as provided in Regulation 24” | “commuted for a lump sum, or is treated as having so commuted, as provided in Regulation B7” |
| “the said Regulation 24” | “the said Regulation B7” | |
| “given thereunder” | “in question” | |
| “paragraph (6)” | “paragraph (7)” | |
| Regulation 15(3) | “Regulation 24 of the principal Regulations as applied by Regulation 14” | “for the purposes of Regulation B7 of the principal Regulations, Regulation 24 of the Police Pensions Regulations 1973, as applied by Regulation 14 as originally made,” |
| Paragraph 2(a) of Part II of the Schedule | “it shall be calculated without regard to” | “or the Police Pensions Regulations 1973, it shall be calculated without regard to Regulation E8 of the principal Regulations or, in the case of the said Regulations of 1973, without regard to” |
| Paragraph 2(b) of the said Part II | “Part XIII of the principal Regulations” | “Regulation E9 of the principal Regulations or in accordance with Part XIII of the Police Pensions Regulations 1973” |
Regulation 6
In the provisions of the Police Pensions (War Service) (Transferees) Regulations 1985 specified in the first column of the following Table, for the words set out opposite thereto in the second column of that Table there shall be substituted the words so set out in the third column thereof.
Provisions amended | Existing words | Substituted words |
|---|---|---|
| Regulation 2(1) | “which” | “as amended by Regulation 4 of the Police Pensions (Supplementary Provisions) Regulations 1987; and the said Regulations of 1979 which” |
| Regulation 2(3) | “the Police Pensions Regulations 1973” and “the said Regulations of 1973” | “the Police Pensions Regulations 1987” and “the said Regulations of 1987”, respectively. |
| Regulation 4(1)(b) | “the principal Regulations or, as the case may be, the old cases Regulations” | “the former Regulations” |
| Regulation 6(1)(d) | “the principal Regulations or, as the case may be, the old cases Regulations” | “the former Regulations” |
| Regulation 8(1)(b) | “paragraph 1(1) of Part IV of Schedule 3” | “paragraph 7(2) of Part II of Schedule J” |
| Regulation 8(2)(a) | “Regulation 27(3) and paragraph 4 of Part I of Schedule 4” | “paragraphs 3, 4 and 5 of Part II and paragraph 2 of Part III of Schedule J” |
| Regulation 8(2)(b) | “Part IV of Schedule 3” | “paragraph 8 of Part II of Schedule J” |
| Regulation 9(2)(b) | “Regulation 85” and “previous Regulations” | “Regulation F9” and “former Regulations”, respectively |
| Regulation 11(c) | “paragraph 8(2) of Part I of Schedule 9” | “paragraph 9(2) of Section 1 of Part II of Schedule F” |
Regulation 7
In the provisions of the Police (Injury Benefit) Regulations 1987 specified in the first column of the following Table, for the words set out opposite thereto in the second column of that Table there shall be substituted the words so set out in the third column thereof.
Provisions amended | Existing words | Substituted words |
|---|---|---|
| Regulation 3(1) | “Police Pensions Regulations 1973” | “Police Pensions Regulations 1987” |
| Regulation 3(2) | “Regulation 13(3)” | “Regulation A12(3)” |
| “Regulation 13(1)” | “Regulation A12(1)” | |
| Regulation 5(2) | “Regulation 71” | “Regulation H1” |
| Regulation 5(3) | “Regulation 33(2) or 34” | “Regulation C5(2) or C8” |
| “Regulation 28” | “Regulation C2” | |
| “Regulation 42” | “Regulation D5(1), (3), (4) or (5)” | |
| “Regulation 38” | “Regulation D2” | |
| “Regulation 36” | “Regulation E1” | |
| Regulation 7(1) | “paid to him under Regulation 20(4), 21(4) or 22” | “paid, or treated as paid, to him under Regulation B2(4), B3(4) or B4” |
| Regulation 7(2) | “paid to the member or his estate under Regulation 20(4), 21(4), 22 or 43” | “paid, or treated as paid, to the member or his estate under Regulation B2(4), B3(4), B4 or E3” |
| “Regulation 28(2)”, in both places where the words occur | “Regulation C2(2)” | |
| “Regulation 29(3)” | “Regulation C3(2)” | |
| “Regulation 29” | “Regulation C3” | |
| “Regulation 20” | “Regulation B3” | |
| “Regulation 39” | “Regulation D3” | |
| “Regulation 43” | “Regulation E2” | |
| Regulation 10(2) | “Regulation 22” | “Regulation B4” |
| “Regulation 28” | “Regulation C2” | |
| “Regulation 39” | “Regulation D3” | |
| “Regulation 43” | “Regulation E2” | |
| Regulation 10(3) | “Part VIII (determination of questions)” | “Part H (appeals and medical questions)” |
| “Regulation 71(2)” | “Regulation H1(2)” |
(This note is not part of the Regulations)
These Regulations come into force on 1st April 1987 and are supplementary to the Police Pensions Regulations 1987, “the principal Regulations”, (which consolidate, with amendments, the Police Pensions Regulations 1973, as amended).
Regulation 2 revokes the 1973 Regulations and the other Regulations specified in Part I of Schedule 1 but provides for the application of those Regulations, as amended by Part II of Schedule 1, in respect of any period between 1st April 1972 and the date of commencement of these Regulations (retrospection is authorised by section 1(5) of the Police Pensions Act 1976). Regulation 3 brings the principal Regulations into force, subject to the transitional provisions in Part III of Schedule 1, on the same date as these Regulations, in compliance with section 8 of the Police Pensions Act 1976.
Regulation 4 and Schedule 2 continue in force the Police Pensions Regulations 1971 and the other Regulations there specified (subject to the amendment in Part II of that Schedule) in respect of persons whose service ended before 1st April 1972.
Regulations 5 to 7 and Schedules 3 to 5 amend the Police Pensions (War Service) Regulations 1979, the Police Pensions (War Service) (Transferees) Regulations 1985 and the Police (Injury Benefit) Regulations 1987 to take account of the principal Regulations; Regulation 8 provides for the principal Regulations to have effect subject to those Regulations and for the continuance in effect of things done under those Regulations before the commencement of these Regulations.
1976 c. 35, as amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10).
Formerly the Minister for the Civil Service; see S.I. 1981/1670.