2.—(1) The Police Pensions Act 1976(1) is modified as follows.
(2) In section 7(2)(2) (persons eligible for police pensions), after paragraph (cf) there is inserted–
“(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;”.
(3) In section 11 (interpretation)–
(a)in subsection (1)(3) (references to membership of a police force etc), after paragraph (bf) there is inserted–
“(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;”;
(b)in subsection (2)(4) (meaning of police authority) at the end there is inserted–
“(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.”; and
(c)in subsection (3)(5) (meaning of police force), in paragraph (b) after “(bf),” there is inserted “(bg), (bh), (bi), (bj), (bk),”.
The functions of the Secretary of State in sections 1 to 8A were transferred to the Scottish Ministers by S.I. 1999/1750, Schedule 1 as amended by the Police and Firemen’s Pensions Act 1997 (c. 52), section 2.
Section 7(2) was amended by the Police and Magistrates' Courts Act 1994 (c. 29) (“the 1994 Act”), Schedule 5, paragraph 19; the Police Act 1996 (c. 16) (“the 1996 Act”), Schedule 7, paragraph 29; the Police (Northern Ireland) Act 2000 (c. 32), section 78(2)(f); the Criminal Justice and Police Act 2001 (c. 16) (“the 2001 Act”), section 126(1) and Schedule 4, paragraph 6(2); the International Development Act 2002 (c. 1), Schedule 3, paragraph 6(1); the Serious Organised Crime and Police Act 2005 (c. 15) (“the 2005 Act”), Schedule 4, paragraph 30; and the Police and Justice Act 2006 (c. 48), Schedule 1, paragraph 58 and Schedule 15, Part 1.
Section 11(1) was amended by the 1994 Act, Schedule 5, paragraph 20(2); the 1996 Act, Schedule 7, paragraph 30(2); the Police (Northern Ireland) Act 2000 (c. 32), section 78(2)(f); the 2001 Act, section 126(2), Schedule 4, paragraph 6(3); the International Development Act 2002, Schedule 3, paragraph 6(2); the 2005 Act, Schedule 4, paragraph 31(2); and the Police and Justice Act 2006 (c. 48), Schedule 1, paragraph 59(2) and Schedule 15, Part 1.
Section 11(2) was amended by the 1994 Act, Schedule 5, paragraph 20(3); the 1996 Act, Schedule 7, paragraph 30(3); the Police Act 1997 (c. 50) (“the 1997 Act”), Schedule 9, paragraph 33(2); the 2001 Act, section 126(3) and Schedule 4, paragraph 6(4); the Police Reform Act 2002 (c. 30) (“the 2002 Act”), Schedule 7, paragraph 7(2); the 2005 Act, Schedule 4, paragraph 31(3) and Schedule 17, Part 2; and the Police and Justice Act 2006 (c. 48), Schedule 1, paragraph 59(3) and Schedule 15, Part 1.
Section 11(3) was amended by the 1994 Act, Schedule 5, paragraph 20(4); the 1996 Act, Schedule 7, paragraph 30(4); the 2001 Act, section 126(4) and Schedule 4, paragraph 6(5); and the Police and Justice Act 2006 (c. 48), Schedule 1, paragraph 59(4) and Schedule 15 Part 1.