The Police Pensions (Amendment) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/3063 |
| Year | 2011 |
2011 No. 3063
Police, England And Wales
Pensions, England And Wales
The Police Pensions (Amendment) Regulations 2011
Made 20th December 2011
Laid before Parliament 23th December 2011
Coming into force 16th January 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 8A of the Police Pensions Act 19761.
In accordance with section 1(1) of that Act, the Treasury2have consented to the making of these Regulations and the Secretary of State has consulted with the Police Negotiating Board for the United Kingdom3.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 2011 and come into force on 16th January 2012.
(2) These Regulations extend to England and Wales.
Amendments to Regulations
The Regulations listed in the Schedule are amended as follows.
2. The Regulations listed in the Schedule are amended as follows.
3. Subject to the following provisions of these Regulations, for “police authority”, in each place in the Regulations listed in the Schedule where those words appear, substitute “police pension authority”.
4. Regulation 3 does not apply to any instance where the words “police authority” are followed by the words “for Northern Ireland”.
5.—(1) The Police Pensions Regulations 19874are further amended as follows.
(2) In regulation A6 (meaning of certain expressions in relation to persons who are not members of a home police force)—
(a)
(a) in paragraph (5), for “police authority” substitute “police authority or pension supervising authority”;
(b)
(b) in paragraph (5B)(b), for “police authority” substitute “police authority or pension supervising authority”;
(3) In regulation A16 (transfers)—
(a)
(a) in sub-paragraph (a)(ii), for “police authority of” substitute “pension supervising authority for”;
(b)
(b) in sub-paragraph (b), for “police authority” (in the second place) substitute “pension supervising authority”.
(4) For regulation A18(2) (compulsory retirement on grounds of age) substitute—
“2 The time at which, under paragraph (1), a person shall be required to retire may be postponed—
(a) if the person concerned holds the rank of chief constable or Commissioner of Police of the Metropolis, by the pension supervising authority;
(b) if the person concerned holds any other rank in a police force maintained under section 2 of the Police Act 1996 or the metropolitan police force, or a rank above that of superintendent in the City of London police force, by the police pension authority; and
(c) if the person holds the rank of superintendent or any lower rank in the City of London police force, by the Commissioner of Police for the City of London.”.
(5) After regulation A21 (effective date of retirement) insert—
“Chief officers of home police forces in England and Wales (other than the City of London police force)
A22.—(1) This regulation applies to any provision of these Regulations which confers a power on a police pension authority which is to be exercised in the authority’s discretion, or which requires the authority to make a determination, form an opinion or otherwise make a decision.
(2) In its application to a regular policeman who is—
(a)
(a) chief constable of a police force maintained under section 2 of the Police Act 1996; or
(b)
(b) the Commissioner of Police of the Metropolis,
a provision to which this regulation applies shall have effect as if it conferred the power in question on the pension supervising authority rather than the police pension authority, and any reference to the police pension authority shall be construed accordingly.”.
(6) In regulation K5 (forfeiture of pension)—
(a)
(a) in paragraph (2), for “a police authority responsible for payment of” substitute “the pension supervising authority in respect of”;
(b)
(b) in paragraph (4), for “a police authority responsible for payment to a member of a police force of” substitute “the pension supervising authority in respect of”;
(c)
(c) in paragraph (5), for “police authority” substitute “pension supervising authority”.
(7) In regulation H5 (appeal by a member of a home police force), in paragraph (1), for “police authority” (in the third place) substitute “pension supervising authority”.
(8) In regulation H6 (appeal by overseas policeman, inspector of constabulary or central police officer), in paragraph (2), for “police authority” (in the third place) substitute “pension supervising authority”.
(9) In Schedule A (glossary of expressions)—
(a)
(a) after the definition of “pension sharing order or provision” insert—
““pension supervising authority” has the meaning given by section 11(2) and (2A) of the Act;”;
(b)
(b) omit the definition of “police authority”;
(c)
(c) after the definition of “police force” insert—
““police pension authority” has the meaning given by section 11(2) and (2A) of the Act;”.
6.—(1) The Police Pensions Regulations 20065are further amended as follows.
(2) In regulation 3 (meaning of certain expressions in relation to persons who are not members of a home police force)—
(a)
(a) in paragraph (2), for “police authority” substitute “police pension authority or pension supervising authority”;
(b)
(b) in paragraph (3)(a), for “police authority” substitute “police pension authority or pension supervising authority”;
(c)
(c) in paragraph (4)(a), for “police authority” substitute “police pension authority or pension supervising authority”;
(3) In regulation 5 (transfers)—
(a)
(a) in sub-paragraph (a)(ii), for “police authority of” substitute “pension supervising authority for”;
(b)
(b) in sub-paragraph (d)(ii), for “police authority of” substitute “pension supervising authority for”.
(4) After regulation 5 insert—
“Chief officers of home police forces in England and Wales (other than the City of London police force)
5A.—(1) This regulation applies to any provision of these regulations which confers a power on a police pension authority which is to be exercised in the authority’s discretion, or which requires the authority to make a determination, form an opinion or otherwise make a decision.
(2) In its application to a regular policeman who is—
(a)
(a) chief constable of a police force maintained under section 2 of the Police Act 1996; or
(b)
(b) the Commissioner of Police of the Metropolis,
a provision to which this regulation applies shall have effect as if it conferred the power in question on the pension supervising authority rather than the police pension authority, and any reference to the police pension authority shall be construed accordingly.”.
(5) For regulation 19(3) (compulsory retirement on account of age) substitute—
“3 The time at which, under paragraph (2), a person shall be required to retire may be postponed—
(a) if the person concerned holds the rank of chief constable or Commissioner of Police of the Metropolis, by the pension supervising authority;
(b) if the person concerned holds any other rank in a police force maintained under section 2 of the Police Act 1996 or the metropolitan police force, or a rank above that of superintendent in the City of London police force, by the police pension authority; and
(c) if the person holds the rank of superintendent or any lower rank in the City of London police force, by the Commissioner of Police for the City of London.”.
(6) In regulation 55 (forfeiture of pension)—
(a)
(a) in paragraph (2), for “A police authority responsible for payment of” substitute “The pension supervising authority in respect of”;
(b)
(b) in paragraph (4), for “A police authority responsible for payment to a regular police officer of” substitute “The pension supervising authority in respect of”; and
(c)
(c) in paragraph (5), for “police authority” substitute “pension supervising authority”.
(7) In regulation 66 (appeal by a member of a home police force), in paragraph (d), for “police authority” substitute “pension supervising authority”.
(8) In regulation 67 (appeal by inspector of constabulary or officer engaged on relevant service), in paragraph (2)(d), for “police authority” substitute “pension supervising authority”.
(9) In Schedule 1 (glossary of expressions)—
(a)
(a) after the definition of “pension sharing order” insert—
““pension supervising authority” has the meaning given to it by section 11(2) and (2A) of the Police Pensions Act 1976;”;
(b)
(b) omit the definition of “police authority”;
(c)
(c) after the definition of “police fund” insert—
““police pension authority” has the meaning given to it by section 11(2) and (2A) of the Police Pensions Act 1976;”.
7.—(1) The Police (Injury Benefits) Regulations 20066are further amended as follows.
(2) In regulation 3 (meaning of certain expressions in relation to persons who are not members of a home police force)—
(a)
(a) in paragraph (2), for “police authority” substitute “police pension authority or pension supervising authority”;
(b)
(b) in paragraph (4)(b), for “police authority” substitute “police pension authority or pension supervising authority”;
(c)
(c) in paragraph (6)(b), for “police authority” substitute “police pension authority or pension supervising authority”.
(3) After regulation 8 (disablement, death or treatment in hospital the result of an injury) insert—
“Chief officers of home police forces in England and Wales (other than the City of London police force)
8A.—(1) This regulation applies to any provision of these Regulations which...
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