Police Pensions (Amendment) (No. 3) Regulations 1971

JurisdictionUK Non-devolved
CitationSI 1971/1466
Year1971

1971 No. 1466

POLICE

The Police Pensions (Amendment) (No. 3) Regulations 1971

2ndSeptember 1971

14thSeptember 1971

20thSeptember 1971

In exercise of the powers conferred on me by sections 1 and 3 of the Police Pensions Act 1948(a) (read with Article 2(1) of the Minister for the Civil Service Order 1968(b)), as extended and amended by section 43 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(c), section 5(3) of the Overseas Service Act 1958(d) and Schedule 2 thereto, section 1(1) of the Police Pensions Act 1961(e), sections 40, 43(4), 45(4) and 63 of the Police Act 1964(f) and Schedules 6 and 9 thereto, sections 35 and 38(4) of the Police (Scotland) Act 1967(g), section 4(5) of the Police Act 1969(h) and paragraphs 2(2) and 3(2) of Schedule 6 to the National Insurance Act 1971(i), and after consultation with the Police Council for the United Kingdom, I hereby, with the consent of the Minister for the Civil Service, make the following Regulations in consequence of the said Act of 1971 and, in the case of Regulation 3, in consequence of section 3 of that Act and section 13A of the National Insurance (Industrial Injuries) Act 1965(j):—

1. These Regulations may be cited as the Police Pensions (Amendment) (No. 3) Regulations 1971 and shall come into operation on 20th September 1971.

2. In these Regulations any reference to the principal Regulations is a reference to the Police Pensions Regulations 1971(k), as amended (l).

3. For Regulation 22(4)(b) and (c) of the principal Regulations (policeman's supplemental pension) there shall be substituted the following provision:—

"(b) any disablement pension payable under section 12 of the National Insurance (Industrial Injuries) Act 1965 in respect of the relevant injury or so much of any such pension as relates to that injury, together with—

(i) any increase in such pension payable by way of unemployability supplement under section 13 of the said Act or so much of any such increase as is proportionate to that part of the said pension which relates to that injury so, however, that, where he is entitled to an unemployability supplement which is increased under section 13A of the said Act, the unemployability supplement shall be deemed not to have been so increased,

(a) 1948 c. 24.

(b) S.I. 1968/1656 (1968 III, p. 4485).

(c) 1951 c. 65.

(d) 1958 c. 14.

(e) 1961 c. 35.

(f) 1964 c. 48.

(g) 1967 c. 77.

(h) 1969 c. 63.

(i) 1971 c. 50.

(j) 1965 c. 52.

(k) S.I. 1971/232 (1971 I, p. 700).

(l) S.I. 1971/583,1327 (1971 I, p. 1573; II, p. 3794).

(ii) any increase in such pension payable under section 14, 17 or 18 of the said Act or so much of any such increase as is proportionate to that part of the said pension which relates to that injury, and

(iii) so long as he is receiving treatment as an in-patient at a hospital as a result of that injury, any increase in such pension payable under section 16, 17 or 18 of the said Act;

(c) until the first day after his retirement which is not or is deemed not to be a day of incapacity for work under section 20 of the National Insurance Act 1965(a)—

(i) any sickness benefit payable under the said Act of 1965, together with, where he ceases to be a member of a police force on or after 6th October 1966, any supplement thereto payable under section 2 of the National Insurance Act 1966(b), or

(ii) any invalidity pension payable under the said Act of 1965; and".

4. For Regulation 30(3) and (4) of the principal Regulations (discretionary increase in widow's ordinary pension) there shall be substituted the following provisions:—

"(3) The rate of a pension increased under this Regulation shall be increased by a weekly rate determined in accordance with paragraphs 1, 3 and 5 of Part VI of Schedule 3 for the first 26 weeks that the pension is payable and thereafter by a weekly rate determined in accordance with paragraphs 2, 3, 4 and 5 thereof during the periods and in the conditions set out in paragraph 6 thereof:

Provided that where a pension calculated in accordance with Scheme II of Part II of Schedule 3 is increased under this Regulation, the increased pension shall not be at a higher rate than it would have been if it had been calculated in accordance with Scheme I of the said Part II and increased in accordance with the provisions of this Regulation.

(4) In this Regulation a reference to widow's benefit or a retirement pension under the National Insurance Act 1965 does not include a reference to such benefit or pension payable by virtue of section 1 of the National Insurance (Old persons' and widows' pensions and attendance allowance) Act 1970(c) or by virtue of section 5(1) of the National Insurance Act 1971; but the amount of any increase in a widow's...

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