Part AGeneral Provisions and Retirement
Injury received in the execution of dutyA11.
(1)
A reference in these Regulations to an injury received in the execution of duty by a member of a police force means an injury received in the execution of that person’s duty as a constable and, where the person concerned is an auxiliary policeman, during a period of active service as such.
(2)
For the purposes of these Regulations an injury shall be treated as received by a person in the execution of his duty as a constable if—
(a)
the member concerned received the injury while on duty or while on a journey necessary to enable him to report for duty or return home after duty, or
(b)
he would not have received the injury had he not been known to be a constable, or
(c)
the police authority are of the opinion that the preceding condition may be satisfied and that the injury should be treated as one received as aforesaid.
(3)
In the case of a person who is not a constable but is within the definition of “member of a police force” in the glossary set out in Schedule A by reason of his being an officer there mentioned, paragraphs (1) and (2) shall have effect as if the references therein to a constable were references to such an officer.
(4)
For the purposes of these Regulations an injury shall be treated as received without the default of the member concerned unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.
(5)
Notwithstanding anything in these Regulations relating to a period of service in the armed forces, an injury received in the execution of duty as a member of the armed forces shall not be deemed to be an injury received in the execution of duty as a member of a police force.
(6)
In the case of a regular policeman who has served as a police cadet in relation to whom the Police Cadets (Pensions) Regulations had taken effect, a qualifying injury within the meaning of those Regulations shall be treated for the purposes of these Regulations as if it had been received by him as mentioned in paragraph (1); and, where such a qualifying injury is so treated, any reference to duties in Regulation C3(1) (widow’s augmented award) shall be construed as including a reference to duties as a police cadet.
- In this paragraph the reference to the Police Cadets (Pensions) Regulations is a reference to the Regulations from time to time in force under section 35 of the Police Act 196412, as extended by section 13 of the Superannuation (Miscellaneous Provisions) Act 196713, or under section 27 of the Police (Scotland) Act 196714, read with the said section 13.