Office of Public Sector Information
Section 5
1 In this Schedule—
“the 1976 Act” means the Police Pensions Act 1976 (c. 35);
“1976 Act scheme” means a pension scheme established by regulations under section 1 of the 1976 Act (pensions for police in Great Britain);
“the 1998 Act” means the Police (Northern Ireland) Act 1998 (c. 32);
“1998 Act scheme” means a pension scheme established by regulations under section 25(2)(k) of the 1998 Act (pensions for members of Police Service of Northern Ireland) or section 26(2)(g) of that Act (pensions for members of Police Service of Northern Ireland Reserve);
“police pension scheme” means a 1976 Act scheme or a 1998 Act scheme;
“police pensions regulations” means—
regulations under section 1 of the 1976 Act;
regulations under section 25(2)(k) or 26(2)(g) of the 1998 Act.
2 (1) Regulations may—
(a) revoke those provisions of the police pensions regulations that apply to persons who became members of a police pension scheme before 6th April 2006, and
(b) make equivalent provision establishing a single pension scheme for the benefit of those persons.
(2) In sub-paragraph (1)(b) “equivalent provision” means, subject to sub-paragraph (3), provision having the same effect as the provisions revoked.
(3) The regulations may make changes to the effect of the provisions revoked if the changes—
(a) are made as a result of consolidating the provisions of the different police pensions regulations into a single pension scheme, and
(b) do not make the scheme less beneficial to any member of it than the police pension scheme of which he was previously a member.
3 (1) This paragraph applies to the first regulations under this Schedule.
(2) The power to make the regulations is exercisable by the Secretary of State with the consent of the Treasury.
(3) Before exercising the power the Secretary of State shall consult with the Police Negotiating Board for the United Kingdom.
(4) The regulations may be framed so as to have effect as from a date before the making of the regulations.
4 (1) The power to make amending regulations is exercisable as if—
(a) any provision of the 1976 Act applying to regulations under section 1 of that Act,
(b) any provision of Northern Ireland legislation applying to regulations under section 25(2)(k) of the 1998 Act, and
(c) any provision of Northern Ireland legislation applying to regulations under section 26(2)(g) of the 1998 Act,
applied also to the amending regulations.
(2) In this paragraph “amending regulations” means regulations amending regulations previously made under this Schedule.
5 (1) The provisions of—
(a) section 8A of the 1976 Act (information in connection with police pensions etc),
(b) section 9 of that Act (assignment etc of pension to be void), and
(c) section 10 of that Act (obtaining pension by self-inflicted injury etc),
apply to regulations under this Schedule, so far as relating to persons who are former members of a 1976 Act Scheme, as they apply to regulations under section 1 of the 1976 Act.
(2) The Pensions (Increase) Act 1971 (c. 56) has effect as if a reference in paragraph 15 or 43 of Schedule 2 to a pension payable under the Police Pensions Act 1976 included a reference to a pension payable under regulations under this Schedule to a person who is a former member of a 1976 Act Scheme.
6 A reference, however expressed, in any document (including an enactment) to—
(a) regulations under section 1 of the 1976 Act,
(b) regulations under section 25(2)(k) of the 1998 Act, or
(c) regulations under section 26(2)(g) of the 1998 Act,
is to be read, where the context allows, as including a reference to regulations under this Schedule.
7 A pension scheme established under this Schedule is to be regarded for the purposes of Part 4 of the Finance Act 2004 (c. 12) (taxation of pension schemes etc) as a continuation of each police pension scheme that it replaces, and not as a different scheme.
Section 6
1 In section 67 of the Police and Criminal Evidence Act 1984 (supplementary provisions about codes), for paragraphs (a) and (b) of subsection (4) there is substituted—
“(a) the Association of Police Authorities,
(b) the Association of Chief Police Officers of England, Wales and Northern Ireland,”.
2 In section 8A of the Police Act 1996 (local policing summaries), for paragraphs (a) and (b) of subsection (6) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and”.
3 In section 39A of that Act (codes of practice for chief officers), for paragraphs (a) and (b) of subsection (4) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and”.
4 In section 42A of that Act (procedure in relation to removal of senior officers), for paragraphs (a) and (b) of subsection (2) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and”.
5 In section 53 of that Act (regulations as to standard of equipment), for paragraphs (a) and (b) of subsection (2) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and”.
6 (1) Section 53A of that Act (regulation of procedures and practices) is amended as follows.
(2) For paragraphs (a) and (b) of subsection (3) there is substituted—
“(a) the Association of Police Authorities; and
(b) the Association of Chief Police Officers.”
(3) For paragraphs (a) and (b) of subsection (5) there is substituted—
“(a) the Association of Police Authorities; and
(b) the Association of Chief Police Officers; and”.
7 In section 57 of that Act (common services), for paragraphs (a) and (b) of subsection (4) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and”.
8 In section 101 of that Act (interpretation), at the beginning of the list of definitions in subsection (1) there is inserted—
““the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland;”.
9 In section 21A of the Criminal Procedure and Investigations Act 1996 (code of practice for police interviews of certain witnesses), in subsection (4)—
(a) before paragraph (a) there is inserted—
“(za) the Association of Chief Police Officers of England, Wales and Northern Ireland;”;
(b) sub-paragraph (i) of paragraph (a) is omitted.
10 In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces), for paragraphs (c) and (d) of subsection (4) there is substituted—
“(c) the Association of Police Authorities; and
(d) the Association of Chief Police Officers of England, Wales and Northern Ireland.”
11 In section 22 of the Police Reform Act 2002 (power of Independent Police Complaints Commission to issue guidance), for paragraphs (a) and (b) of subsection (3) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and”.
12 In section 24 of that Act (consultation on regulations), for paragraphs (b) and (c) there is substituted—
“(b) the Association of Police Authorities;
(c) the Association of Chief Police Officers; and”.
13 In section 39 of that Act (police powers for contracted-out staff), for paragraphs (a) and (b) of subsection (11) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers;”.
14 In section 43 of that Act (railway safety accreditation scheme), in subsection (9)—
(a) for paragraph (a) there is substituted—
“(a) the Association of Chief Police Officers;”;
(b) for paragraph (c) there is substituted—
“(c) the Association of Police Authorities;”.
15 In section 45 of that Act (code of practice relating to chief officers' powers under Chapter 1 of Part 4), in subsection (3)—
(a) for paragraph (c) there is substituted—
“(c) the Association of Police Authorities;”;
(b) for paragraph (f) there is substituted—
“(f) the Association of Chief Police Officers;”.
16 In section 51 of that Act (independent custody visitors for places of detention), for paragraphs (a) and (b) of subsection (7) there is substituted—
“(a) the Association of Police Authorities;
(b) the Association of Chief Police Officers; and”.
17 In section 96 of that Act (president of ACPO), the words “of England, Wales and Northern Ireland” are omitted.
18 In section 106 of that Act (general interpretation), at the appropriate place there is inserted—
“the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland;”.
Police and Justice Act 2006