Police (Scotland) Act 1890
| Jurisdiction | UK Non-devolved |
| Citation | 1890 c. 67 |
| Year | 1890 |
Police (Scotland) Act, 1890.
(53 & 54 Vict.) CHAPTER 67.
An Act to make provision respecting the Pensions, Allowances, and Gratuities of Police Constables in Scotland, and their Widows and Children, and to make other provisions respecting the Police of Scotland.
[18th August 1890]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Part I.
Superannuation of Constables.
1 Right of constables to pensions.
1. Subject to the provisions of this Act, every constable in a police force—
2 Pension allowances and gratuities to widow and children.
(1)2.—(1.) If a constable dies whilst in a police force from the effect of an injury received in the execution of his duty without his own default, the police authority shall grant a pension to his widow, and allowances to his children.
(2) (2.) If a constable dies whilst in a police force from any other cause, the police authority may, if they think fit, grant gratuities to his widow and children or any of them.
(3) (3.) If a constable to whom a pension has been granted because he was incapacitated for the performance of his duty by an injury received in the execution of his duty, without his own default, dies from the effects of the injury within twelve months after the grant of the pension, the police authority may, if they think fit, grant a pension to his widow, dither for a term of years or otherwise.
(4) (4.) If a constable to whom a pension has been granted dies within twelve months after the grant of the pension, the police authority may, if they think fit, grant gratuities to his widow and children or any of them.
3 Pension scale.
(1)3.—(1.) The pensions, allowances, and gratuities granted to constables of a police force and to their widows and children shall be in accordance with the pension scale for the force.
(2) (2.) The pension scale for a force shall be—
(a ) as regards ordinary pensions, the scale set forth in Part I. of the First Schedule to this Act; and
(b ) as regards special pensions and allowances and gratuities, the scale set forth in Part II. of that Schedule.
(2) (2.) The rules contained in Part III. of the First Schedule to this Act shall apply to all pensions, allowances, and gratuities granted under this Act.
4 Reckoning of service for pension.
(1)4.—(1.) The service of a constable for the purposes of this Act shall be subject to such deductions in respect of sickness, misconduct, or neglect of duty as may be made therefrom in pursuance of the regulations of the force to which the constable belongs; and the expression ‘approved service’ shall for the purposes of this Act mean such service as may after such deductions as aforesaid (if any) be certified under the order of the police authority to have been diligent and faithful service, but shall not, unless the regulations of the police force otherwise prescribe, include service before twenty-one years of age.
(2) (2.) A certificate signed by the chief officer of a police force as to the period of a constable's approved service in that force shall be sufficient evidence thereof.
(3) (3.) Where a deduction is made from a constable's service in respect of sickness, misconduct, or neglect of duty, notice of the deduction shall as soon as may be after the occurrence of the cause for which the deduction is made be given to the constable, and the constable may appeal to the chief officer of his police force against any act of an officer of police superior to the constable which prevents him from reckoning any period of actual service as approved service, and any period of actual service allowed by the chief officer on such appeal shall be deemed to be approved service.
(4) (4.) Where a constable has served in more than one police force in Great Britain approved service in any such police force in which he has completed not less than three years approved service, and from which he has with the written sanction of the chief officer of that force removed to another force, shall be reckoned as approved service in the force in which the constable is serving at the time of his retirement.
(5) (5.) Where a constable with the knowledge of the police authority or of the chief officer of his police force belongs to the army reserve or naval reserve and is called out for training or for permanent service, he shall be entitled, on returning to the police force after the end of such training or service, to reckon any approved service which he was entitled to reckon at the commencement thereof.
5 Proof of incapacity for duty, liability to serveagain, and revision of pension.
(1)5.—(1.) Before granting to a constable an ordinary pension on the ground of his being incapacitated by infirmity for the performance of his duty, the police authority shall be satisfied by the evidence of some legally qualified medical practitioner or practitioners, selected by the police authority, that the constable is so incapacitated, and that the incapacity is likely to be permanent.
(2) (2.) Where the application is for a special pension the police authority shall also be satisfied that the injury was received by the constable in the execution of his duty, that it was received without the default of the constable, and that the infirmity is attributable to the injury, and shall also determine whether the injury was accidental or not, and whether the disability of the constable for earning his livelihood is total or partial, and for the purpose of determining any of the said questions which ought to be determined on medical grounds shall take the like evidence as above mentioned.
(3) (3.) Where a pension is granted to a constable on the ground of incapacity for the performance of his duty, the police authority shall yearly or otherwise, until the power under this Act of requiring the constable to serve again ceases, satisfy themselves that the incapacity continues, and unless they resolve that such evidence is unnecessary, shall satisfy themselves by the like evidence as above mentioned.
(4) (4.) In the event of the incapacity ceasing before the time at which the constable would, if he had continued to serve, have been entitled without a medical certificate to retire and receive a pension for life, the police authority may cancel his pension and require him to serve again in the police force, in a rank not less than the rank which he held before his retirement, at a rate of pay not less than the rate which he received before his retirement.
(5) (5.) Where a constable so serves again, the provisions of this Act as to retirement and pensions, allowances, and gratuities shall apply as if he had no previously retired, save that except in the case of pensions for non-accidental injuries received in the execution of duty he shall not reckon as approved service the time which elapsed between his former retirement and the commencement of his service again.
(6) (6.) Where a pension is granted to a constable on a scale applicable to total disability for earning a livelihood, it shall be so granted for such period as may be fixed by the police authority, and if at the expiration of that period the pensioner continues to be totally so disabled the pension shall, in the discretion of the police authority, either be made permanent or renewed from time to time. If at any time before the pension is made permanent the police authority are satisfied by the evidence of a legally qualified medical practitioner selected by the police authority that the pensioner's disability for earning his livelihood has become partial, the pension shall, within the limits allowed by the pension scale, be reduced to the amount allowed by the provisions of the scale applicable to cases of partial disability.
(6) (6.) If a constable fails or refuses, when required by the police authority, to be examined by some legally qualified medical practitioner selected by that authority, the police authority may deal with the constable in all respects as if they were satisfied by the evidence of such a practitioner that the constable is not incapacitated for the performance of his duty, or, as the case may be, is only partially disabled.
(7) (7.) The decision of the police authority on the matters above...
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