36.—(1) This regulation applies in relation to the following persons—
(a)every new member of a police force in England and Wales;
(b)every member of a police force in England and Wales who opts under Chapter 2 (automatic enrolment) to become an active member of this scheme.
(2) This regulation does not apply to a person who, not more than 5 years before being appointed to a police force in England and Wales—
(a)was an active member of a police pension scheme; and
(b)was eligible under that scheme for payment of benefits on grounds of permanent medical unfitness.
(3) Before P joins this scheme, the scheme manager may require P to submit to an examination by a selected medical practitioner in order that the scheme manager may determine P’s eligibility under this scheme for payment of ill-health benefits.
(4) If the scheme manager requires P to submit to an examination under this regulation, the scheme manager, by applying the opinion set out in the final medical report and advice from the scheme actuary, must determine whether the risk that P will retire on grounds of permanent medical unfitness (“the risk”) is such that the likely cost of providing P with benefits under this scheme is disproportionately high.
(5) P is ineligible under this scheme for payment of ill-health benefits if the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is disproportionately high.
(6) If the scheme manager determines under this regulation that the risk is such that the likely cost of providing P with benefits under this scheme is not disproportionately high, P is eligible under this scheme for payment of ill-health benefits from the first day of pensionable service under this scheme.
(7) A person to whom this regulation applies by virtue of paragraph (1)(b) must pay any fee charged for an examination or report under this regulation.