The Police (Descriptions of Service) Order 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2954 |
| Year | 2012 |
2012 No. 2954
Police, England And Wales
Pensions, England And Wales
The Police (Descriptions of Service) Order 2012
Made 26th November 2012
Laid before Parliament 28th November 2012
Coming into force 21th December 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 11A(1) of the Police Pensions Act 19761and section 97A(1) of the Police Act 19962.
In accordance with section 63(3) of the Police Act 19963, the Secretary of State supplied a draft of this Order to the Police Advisory Board for England and Wales and took their representations into consideration before the Order was made.
Citation, commencement and extent
1.—(1) This Order may be cited as the Police (Descriptions of Service) Order 2012.
(2) This Order comes into force on 21st December 2012.
(3) This Order extends to England and Wales.
Amendments to the Police Pensions Act 1976
2.—(1) The Police Pensions Act 1976 is amended as follows.
(2) In section 7(2) (persons eligible for police pensions)4after paragraph (d) insert—
“(e)
“(e) a person serving as a senior NCA officer;
(f)
(f) a person serving as Chief Executive of the body known as the College of Policing;”.
(3) In section 11 (interpretation)5—
(a)
(a) in subsection (1) (references to membership of a police force etc), at the end insert—
“(d)
“(d) service as a senior NCA officer;
(e)
(e) service as Chief Executive of the body known as the College of Policing.”;
(b)
(b) in subsection (2A)(b) (identity of police pension authority and pension supervising authority), for “or (c)” substitute “, (c) or (d)”;
(c)
(c) at the end of subsection (2A) insert—
“(i)
“(i) in relation to any service such as is mentioned in subsection (1)(e) or any service of the kind described in section 97(1)(i) of the Police Act 1996, “police pension authority” or “pension supervising authority” means the body known as the College of Policing.”;
(d)
(d) in subsection (3) (meaning of “police force”)—
(i) in paragraph (b), for “or (c)” substitute “(c), (d) or (e)”;
(ii) after “service such as is mentioned in subsection (1)(bh)” insert “or (d)”;
(e)
(e) in subsection (5), after the definition of “pension rights” insert—
““senior NCA officer” means—
(a) the Director General and Deputy Director General of the body known as the National Crime Agency;
(b) the officers of that body who report directly to the Director General or Deputy Director General; and
(c) the Head of the National Cyber Crime Unit in that body;”;
(f)
(f) After subsection (8) insert—
“8A References in this Act to a senior NCA officer or the Chief Executive of the body known as the College of Policing, and to service as such, have effect only in relation to cases where the person in question is (immediately before beginning that service) a member, or eligible to be a member, of a pension scheme provided for under section 1 above or section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 19986.”.
Amendments to the Police Act 1996
3.—(1) Section 97 of the Police Act 1996 (police officers engaged on service outside their force)7is amended as follows.
(2) In subsection (1) (relevant service), at the end insert—
“(i)
“(i) temporary service with the body known as the College of Policing on which a person is engaged with the consent of the appropriate authority;”.
(3) In subsection (6) (discipline), in paragraph (a), for “or (h)” substitute “, (h) or (i),”.
(4) In subsection (8) (office of constable etc), for “or (d)” substitute “, (d) or (i)”.
Amendments to the Police Pensions Regulations 1987
4.—(1) Schedule A to the Police Pensions Regulations 19878(glossary of expressions) is amended as follows9.
(2) In the definition of “member of a police force”, after sub-paragraph (g) insert—
“(h)
“(h) a senior NCA officer;
(i)
(i) the chief executive of the body known as the College of Policing;”.
(3) In the definition of “regular policeman”, after sub-paragraph (f) insert—
“(g)
“(g) a senior NCA officer;
(h)
(h) the chief executive of the body known as the College of Policing;”.
(4) After the definition of “secured portion” and “unsecured portion”, insert—
““senior NCA officer” means—
(a) the Director General and Deputy Director General of the body known as the National Crime Agency;
(b) the officers of that body who report directly to the Director General or Deputy Director General; and
(c) the Head of the National Cyber Crime Unit in that body;”.
Jeremy Browne
Minister of State
Home Office
26th November 2012
EXPLANATORY NOTE
(This note is not part of the Order)
In June 2011 the Government published “The National Crime Agency: A Plan for the Creation of a National Crime-Fighting Capability”. The Crime and Courts Bill10makes provision for the creation of the agency, including provision in relation to the police pensions eligibility of members of the agency’s staff. Pending the coming into force of the Crime and Courts Bill, the Government is taking preliminary steps towards the establishment of the agency including the appointment of senior staff to oversee its development.
In a Written Ministerial Statement entitled “The Future of the National Policing Improvement...
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