The Police Pensions (Amendment) (Scotland) Regulations 2008
| Jurisdiction | Scotland |
| Citation | SSI 2008/387 |
| Year | 2008 |
2008 No. 387
PENSIONS
The Police Pensions (Amendment) (Scotland) Regulations 2008
Made 24th November 2008
Laid before the Scottish Parliament 26th November 2008
Coming into force 19th December 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1 of the Police Pensions Act 19761, and of all other powers enabling them to do so.
In accordance with section 1(1) of that Act they have consulted with the Police Negotiating Board for the United Kingdom2.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Police Pensions (Amendment) (Scotland) Regulations 2008.
(2) These Regulations come into force on 19th December 2008 and, subject to paragraph (3), have effect from 1st April 20063.
(3)
(a)
(a) Regulations 7(c), 17, 18, 20 and 23(7) have effect from 1st April 2002;
(b)
(b) Regulation 8 has effect from 1st April 2006 to 30th September 2006;
(c)
(c) Regulations 31 to 44 have effect from 6th April 2006; and
(d)
(d) Regulations 4, 5 (in so far as it inserts paragraph (5C) into regulation A6 of the 1987 Regulations), 9, 11(a), (b) and (d), 12 to 14, 16, 21(b), 22 and 24 to 30 have effect from 1st October 2006.
(4) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations–
the “1987 Regulations” means the Police Pensions Regulations 19874;
the “2007 Regulations” means the Police Pensions (Scotland) Regulations 20075;
the “Increased Benefits Regulations” means the Police Pensions (Purchase of Increased Benefits) Regulations 19876; and
the “Injury Benefit Regulations” means the Police (Injury Benefit) (Scotland) Regulations 20077.
The Police Pensions Regulations 1987
3. The 1987 Regulations are amended in accordance with regulations 4 to 26.
4. In regulation A4 (meaning of certain expressions and references – general provisions), after paragraph (2) insert–
“3 In these Regulations, a reference to a regular policeman’s relevant voluntary retirement age shall be construed in accordance with paragraphs (4) and (5).
4 In relation to a regular policeman who is not a member of the metropolitan police force or an overseas policeman, that reference shall be construed as a reference to–
(a) where he is a superintendent or inspector, the age of 60 years;
(b) where he is a sergeant or constable, the age of 55 years.
5 In relation to a regular policeman who does not come within paragraph (4), that reference shall be construed such that he does not have a relevant voluntary retirement age.”.
5. After paragraph (5) of regulation A6 (meaning of certain expressions in relation to persons who are not members of a home police force) insert–
“5A For the purposes of these Regulations, a specified employee of SOCA shall be deemed to be a member of a home police force, except where the context otherwise requires.
5B In relation to a specified employee of SOCA–
(a) a reference in these Regulations to a force shall be construed as a reference to SOCA;
(b) a reference in these Regulations to a police authority shall be construed as a reference to SOCA.
5C For the purposes of regulation A4(3) to (5)–
(a) a specified employee of SOCA shall be deemed to hold the rank of a member of a home police force (other than the metropolitan police force) equivalent to his SOCA grade as set out in the following table–
SOCA grade |
Equivalent rank |
5 |
constable |
4 |
sergeant |
3 |
inspector (but not chief inspector) |
2 |
superintendent (but not chief superintendent) |
1 |
chief superintendent; |
and;
(b) a specified employee of SOCA with a SOCA grade which is higher than 1 shall be deemed to hold the rank of assistant chief constable.”.
6. In regulation A16 (Transfers)–
(a) in paragraph (d), omit “or”; and
(b) at the end of paragraph (e) insert–
“or
(f)
(f) being a specified employee of SOCA, leaving SOCA for the purpose of joining a home police force as a regular policeman and joining that force in that capacity, where he leaves SOCA after giving notice of such period as required by his contract of employment of his intention to do so to SOCA or after giving such shorter period of notice as may be agreed between the specified employee of SOCA and SOCA.”.
7. In regulation A17 (retirement)–
(a) after paragraph (1)(a) insert–
“(aa)
“(aa) to the contract under which a specified employee of SOCA is employed by SOCA being terminated;”;
(b) at the end of paragraph (f) insert “and subsequently becoming a specified employee of SOCA”; and
(c) omit paragraph (4).
8. In regulation A18 (compulsory retirement on account of age)–
(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (4)”; and
(b) after paragraph (3) insert–
“4 This regulation shall not apply to a specified employee of SOCA.”.
9. For regulation A18 (compulsory retirement on account of age) there is substituted–
“A18.—(1) Subject to the following provisions of this regulation, every regular policeman shall be required to retire–
(a)
(a) if he is of the rank of constable, sergeant or inspector, on attaining the age of 60 years;
(b)
(b) if he holds any higher rank, on attaining the age of 65 years.
(2) The time at which, under paragraph (1), a person shall be required to retire may be postponed, if the person concerned holds a rank above that of superintendent, by the police authority, and, if he holds the rank of superintendent or any lower rank, by the chief officer of police.
(3) Paragraph (1) has effect subject to paragraphs 5(2) and 6(3) of Part VII of Schedule J.
(4) This regulation shall not apply to a specified employee of SOCA.”.
10. In paragraph (1) of regulation A19 (compulsory retirement on grounds of efficiency of the force) for “or assistant chief constable” substitute “, assistant chief constable or specified employee of SOCA”.
11. In regulation B1 (policeman’s ordinary pension)–
(a) for paragraph (2), substitute–
“2 Except in the circumstances mentioned in paragraph (3), this Regulation shall not apply to a regular policeman where–
(a) he is of the rank of superintendent or below, and he retires or has retired without having given to the police authority a month’s written notice of his intention to retire or such shorter notice as may have been accepted by the police authority; or
(b) he is of a rank above superintendent, and he retires or has retired without having given to the police authority three months' written notice of his intention to retire or such shorter notice as may have been accepted by the police authority.”;
(b) for paragraphs 3(b) and (ba), substitute–
“(b)
“(b) being a regular policeman who has been appointed for a fixed term under regulation 11 of the Police (Scotland) Regulations 20048, he retires or has retired at the end of that appointment, or if such a term has been extended, at the expiry of the extension.”;
(c) after paragraph (3)(c) insert–
“(ca)
“(ca) being a specified employee of SOCA, he retires or has retired having given to SOCA notice of such period as required by his contract of employment of his intention to retire or after such shorter period of notice as may be agreed between the specified employee of SOCA and SOCA, or
(cb)
(cb) being a specified employee of SOCA, his contract of employment is or was terminated, or”; and
(d) in paragraph (6)(b), for “paragraph (2)(a) or (3)(b)” substitute “paragraph (2) or (3)(ca)”.
12. After paragraph (1)(a) of regulation B2 (policeman’s short service award) insert–
“(ab)
“(ab) retires or retired voluntarily in accordance with regulation B2A;”.
13. After regulation B2 (policeman’s short service award) insert–
“Short service award on voluntary retirement
B2A.—(1) This regulation applies to a regular policeman on or after attaining his relevant voluntary retirement age (if he has one).
(2) A regular policeman to whom this regulation applies may retire voluntarily subject to giving notice in accordance with paragraph (3), (4) or (5) as the case may be.
(3) A regular policeman of the rank of superintendent or below who wishes to retire voluntarily must give to the police authority a month’s written notice of his intention to retire or such shorter notice as may be accepted by the police authority.
(4) A regular policeman above the rank of superintendent who wishes to retire voluntarily must give to the police authority three months' written notice of his intention to retire or such shorter notice as may be accepted by the police authority.
(5) A specified employee of SOCA who wishes to retire voluntarily must give to SOCA notice of such period as required by his contract of employment of his intention to retire or such shorter period of notice as may be agreed between the specified employee of SOCA and SOCA.”.
14. In paragraph (4)(b) of regulation B7 (commutation-general provision)–
(a) omit “(a) or”; and
(b) after “Regulation B2(1)” insert “or having attained his relevant voluntary retirement age or, where he does not have a relevant voluntary retirement age having attained the age of 65”.
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