38.—(1) Regulation 49 (withdrawal of pension during service as a police officer) is amended as follows.
(2) In paragraph (1) for “paragraph (3)” substitute “paragraphs (3) and (4)”.
(3) After paragraph (3) insert—
“(4) This regulation shall not apply in relation to any period during which a pensioner is serving as an employed constable of NPIA, where that period of service commenced on or before 10th November 2010.”.