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The Police Pensions (Amendment) Regulations 2004

As Enacted Cited authorities 15 Cited in Amendments 8 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2004/1491
Year2004

2004 No. 1491

POLICE, ENGLAND AND WALES

PENSIONS, ENGLAND AND WALES

The Police Pensions (Amendment) Regulations 2004

Made 7th June 2004

Laid before Parliament 10th June 2004

Coming into force 1st July 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 1 to 7 of the Police Pensions Act 19761, with the consent of the Treasury2, and after consultation with the Police Negotiating Board for the United Kingdom, hereby makes the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 2004.

(2) These Regulations shall come into force on 1st July 2004 but—

(a)

(a) the amendments made by Part 1 of the Schedule shall have effect from 10th November 20033;

(b)

(b) the amendments made by paragraphs 8, 9, 11 and 12 of Part 2 of the Schedule shall have effect from 1st April 2003;

(c)

(c) the amendments made by Part 3 of the Schedule shall have effect from 1st April 2002; and

(d)

(d) the amendment made by paragraph 14(1) in Part 4 of the Schedule has effect in accordance with paragraph 14(2) of the Schedule.

(3) These Regulations extend to England and Wales only.

S-2 Amendment of the Police Pensions Regulations 1987

Amendment of the Police Pensions Regulations 1987

2. The Police Pensions Regulations 19874shall be amended in accordance with the Schedule to these Regulations.

S-3 Transitional provision relating to medical appeals

Transitional provision relating to medical appeals

3. The amendments made by regulation 2 and Part 1 of the Schedule to these Regulations shall not apply in respect of any appeal against a decision of the selected medical practitioner notified to the Secretary of State on or before 9th November 2003 unless the Secretary of State decides to refer the appeal to a board of medical referees.

S-4 Transitional provisions relating to unpaid parental leave

Transitional provisions relating to unpaid parental leave

4.—(1) In a case where unpaid parental leave has been taken and the period specified in sub-paragraph (a) of regulation F1(1D) of the Police Pensions Regulations 1987 has ended before, or ends or will end within a period of 3 months beginning with, the date on which these Regulations come into force (“the commencement date”), that sub-paragraph shall have effect as if the period within which notice were required to be given was a period of 3 months beginning with the commencement date:

Provided that where the police authority are satisfied that it was not reasonably practicable for notice to be given within that period they may in their discretion accept such notice at any time before the expiry of 12 months from the commencement date.

(2) In a case such as is mentioned in paragraph (1) in which notice is given in accordance with that paragraph, regulation F1(1D)(d) of the Police Pensions Regulations 1987 shall have effect as if after the words “30 months” in paragraph (ii) there were inserted the words “or such longer period ending not later than 4 years and six months after the due date as the police authority in their discretion may allow”.

Hazel Blears

Minister of State

Home Office

30th May 2004

Jim Murphy

John Heppell

Two of the Lords Commissioners of Her Majesty’s Treasury

7th June 2004

SCHEDULE

Regulation 2

AMENDMENT OF THE POLICE PENSIONS REGULATIONS 1987

1 Part 1

Part 1

SCH-1.1

1. In regulation A20 for the words “medical referee” there shall be substituted “board of medical referees”.

SCH-1.2

2. In regulation H1(4) for the words “paragraphs 5(a) and 6 of schedule H” there is substituted “paragraphs 5(1)(a) and (2) of Schedule H”.

(2) For regulation H1(5) there shall be substituted—

SCH-1.5

“5 The decision of the selected medical practitioner on the question or questions referred to him under this regulation shall be expressed in the form of a report and shall, subject to regulations H2 and H3, be final.”

(3) For regulation H1(6) there shall be substituted—

SCH-1.6

“6 A copy of any such report shall be supplied to the person who is the subject of that report.”

(4) Regulation H1(7) shall be omitted.

SCH-1.3

3.—(1) For the heading at regulation H2 (“Appeal to medical referee”) there shall be substituted “Appeal to board of medical referees”.

(2) Regulation H2(1) and (2) shall be omitted.

(3) In regulation H2(2A) for the words “regulation H1(6)” there shall be substituted “regulation H1(5)”.

(4) In regulation H2(2B) for the words “and the Secretary of State shall appoint a medical referee to decide the appeal” there shall be substituted “and the police authority shall refer the appeal to a board of medical referees, appointed in accordance with arrangements approved by the Secretary of State, to decide”.

(5) Regulation H2(2A) shall be renumbered H2(1).

(6) Regulation H2(2B) shall be renumbered H2(2).

(7) In regulation H2(3)—

(a)

(a) in each place where the words “medical referee” occur there shall be substituted “board of medical referees”;

(b)

(b) for the words “certificate or report” there shall be substituted “report”;

(c)

(c) for the words “certificate or as the case may be a report” there shall be substituted “report”;

(d)

(d) in each place where the word “he” occurs there shall be substituted “it”; and

(e)

(e) for the word “his” there shall be substituted “its”.

SCH-1.4

4.—(1) In regulation H3(1)—

(a)

(a) after the word “him” there shall be inserted “, or as the case may be it,”;

(b)

(b) after the word “his” there shall be inserted “, or as the case may be its,”; and

(c)

(c) for the words “certificate or report as the case may be” there shall be substituted “report”.

(2) For regulation H3(2) there shall be substituted—

SCH-1.2

“2 The police authority and the claimant may, by agreement, refer any final decision of a medical authority who has given such a decision to him, or as the case may be it, for reconsideration, and he, or as the case may be it, shall accordingly reconsider his, or as the case may be its, decision and, if necessary, issue a fresh report, which, subject to any further reconsideration under this paragraph or paragraph (1) or an appeal, where the claimant requests that the appeal of which he has given notice (before referral of the decision under this paragraph) be notified to the Secretary of State, under regulation H2, shall be final.”

(3) In regulation H3(4) in each place where the words “medical referee” occur there shall be substituted “board of medical referees”.

SCH-1.5

5. In regulation H4 in each place where the words “medical referee” occur there shall be substituted “board of medical referees”.

SCH-1.6

6. In Schedule A (glossary of expressions)—

(a) the definition “medical referee” shall be omitted;

(b) after the definition “average pensionable pay” there shall be inserted the following definition—

““board of medical referees” has the meaning assigned to it by paragraph 3(1) of Schedule H;”; and

(c) after the definition “police authority” there shall be inserted the following definition—

““public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;”.

SCH-1.7

7. For Schedule H (medical appeals) there shall be substituted the following schedule—

SCH-1.1

“1. Every notice of appeal under regulation H2(2A) and statement of grounds under regulation H2(2B) shall be in writing.

SCH-1.2

2. On receiving a notice of appeal against a report issued under regulation H1 and the appellant’s statement of grounds for appeal, the police authority, unless regulation H3(2) applies, shall forward to the Secretary of State and a board of medical referees copies of those documents and all other documents determined as necessary by the Secretary of State.

SCH-1.3

3.—(1) The board of medical referees shall consist of not less than three medical practitioners appointed by, and in accordance with, arrangements approved by the Secretary of State, provided that—

(a)

(a) at least one member of the board of medical referees shall be a specialist in a medical condition relevant to the appeal;

(b)

(b) one member of the board of medical referees will be appointed...

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