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The Police (Injury Benefit) (Scotland) Regulations 2006

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Adult survivor’s augmented award

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14.—(1) This regulation applies, subject to regulation 15, to an adult survivor of a member of a police force whose death is the result of an injury received without their own default in the execution of their duty where one of the following conditions is satisfied, namely that–

(a)the officer was attacked by a person or persons in a manner which was intrinsically likely to cause death and death ensued as a result of the attack;

(b)the injury was received in the course of duties performed for the immediate purpose of effecting an arrest or of preventing an escape or rescue from legal custody;

(c)the injury was received in the course of duties performed–

(i)for the immediate purpose of saving the life of another person or of preventing loss of human life, and

(ii)in circumstances in which there was an intrinsic likelihood of their receiving a fatal injury;

(d)the police authority are of the opinion that one of the preceding conditions may be satisfied and that this regulation should apply; or

(e)the police authority are of the opinion that the injury was received otherwise than as aforesaid but in the course of duties performed in such circumstances that it would be inequitable if there were not payable in respect of that officer such an award as would have been payable had one of the conditions specified in sub paragraphs (a), (b) and (c) been satisfied.

(2) An award under regulation 13(2) to an adult survivor to whom this regulation applies shall comprise–

(a)an adult survivor’s special pension calculated as provided in regulation 13(3) to (5) but as if for the reference in regulation 13(3) to 45% of the deceased officer’s average pensionable pay for a week there were substituted a reference to 50% of such pay; and

(b)a gratuity of an amount equal to twice the annual pensionable pay, at the date of the deceased officer’s death, of a person holding the rank of constable in the metropolitan police force and entitled to reckon 30 years' service for the purposes of pay; and the provisions of regulation 13(2)(b), (6) and (7) shall not apply except that where those provisions are more favourable in their case the gratuity shall be of an amount determined in accordance with those provisions.

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