Search Legislation

The Police Pensions Regulations 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: CHAPTER 2

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Police Pensions Regulations 2015, CHAPTER 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

CHAPTER 2U.K.Compulsory ill-health retirement

Application of ChapterU.K.

79.  This Chapter applies in relation to a member of a police force (“the member”)—

(a)who is an active member of this scheme; or

(b)who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme M1.

Marginal Citations

M1See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.

Former member of home police forceU.K.

80.—(1) In this Chapter, “former member of a home police force” means—

(a)a specified NCA officer;

(b)a person engaged on temporary service in accordance with arrangements made under section 26(2) of PA 1996; or

(c)a person engaged on relevant service under section 97 of PA 1996.

(2) For the purpose of this Chapter—

(a)a former member of a home police force is taken to be a member of the home police force; and

(b)police pension authority”, in relation to the former member of the home police force, means the police pension authority for the home police force.

Referral of medical questions for purpose of regulation 82U.K.

81.—(1) Before considering whether a person in service as a member of a police force (“the member”) should be compulsorily retired under regulation 82, the police pension authority must refer the following questions to a selected medical practitioner for decision—

(a)whether the member is medically unfit for performing the ordinary duties of a member of the police force;

(b)whether that medical unfitness is likely to be permanent;

(c)whether the member is medically unfit for engaging in any regular employment; and

(d)whether that medical unfitness is likely to be permanent.

(2) The selected medical practitioner must—

(a)examine or interview the member as the selected medical practitioner thinks appropriate;

(b)decide the questions referred to the selected medical practitioner under paragraph (1); and

(c)give the police pension authority and the member a report containing a decision on those questions.

(3) That report is final, subject to—

(a)an appeal under Schedule 1 against the decision of the selected medical practitioner; or

(b)the referral under Schedule 1 of the decision of the selected medical practitioner for reconsideration.

Modifications etc. (not altering text)

Compulsory retirement on grounds of permanent medical unfitnessU.K.

82.—(1) This regulation applies if—

(a)the police pension authority refers questions relating to the member's permanent medical unfitness to a selected medical practitioner under regulation 81(1);

(b)the selected medical practitioner gives the police pension authority and the member a report under that regulation; and

(c)the report contains the decision that the member is permanently medically unfit for performing the ordinary duties of a member of the police force.

(2) The police pension authority, after considering all the relevant circumstances and all the advice and information available to the police pension authority (including input from the member)—

(a)may require the member to retire on the date the police pension authority considers the member ought to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force; or

(b)may require the member to continue to serve as a member of the police force.

Compulsory retirement of member who was required to continue to serveU.K.

83.—(1) This regulation applies if, under regulation 82(2)(b) (compulsory retirement on grounds of permanent medical unfitness), the police pension authority requires the member to continue to serve as a member of a police force.

(2) The police pension authority, at any time in its discretion it determines, may consider whether the member's medical unfitness has ceased, significantly worsened or significantly improved.

(3) In considering the matters mentioned in paragraph (2), the police pension authority must refer the following questions to a selected medical practitioner for decision—

(a)whether the member continues to be medically unfit for performing the ordinary duties of a member of the police force; and

(b)if so, whether—

(i)the member is also medically unfit for engaging in any regular employment; and

(ii)that medical unfitness is likely to be permanent.

(4) The selected medical practitioner must examine or interview the member as the selected medical practitioner thinks appropriate.

(5) If the selected medical practitioner decides that the member continues to be medically unfit for performing the ordinary duties of a member of the police force, the selected medical practitioner does not need to decide if that medical unfitness is likely to be permanent.

(6) The selected medical practitioner must give the police pension authority and the member a report containing the decisions on the questions referred under paragraph (3).

(7) That report is final, subject to—

(a)an appeal against the decision under Schedule 1; or

(b)the referral of the decision for reconsideration under Schedule 1.

(8) The police pension authority must require the member to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force if, after considering all the relevant circumstances and all the advice and information available to the police pension authority, the police pension authority determines that the member ought to retire.

Compulsory retirement void if appeal successfulU.K.

84.  The compulsory retirement of a member under this Part is void if—

(a)the selected medical practitioner decides that the member is permanently medically unfit for performing the ordinary duties of a member of the police force;

(b)the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(c)the appeal board decides that the member is not permanently medically unfit for performing the ordinary duties of a member of the police force.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources