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The Police Pensions (Scotland) Regulations 2007

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Reference of medical questions – permanent disablement

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71.—(1) Where the police authority are considering for the purposes of these Regulations whether a person is permanently disabled, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions–

(a)whether the person concerned is disabled for the performance of the ordinary duties of a member of the police force;

(b)whether any such disablement as is mentioned in sub-paragraph (a) is likely to be permanent;

(c)whether the person concerned is also disabled for engaging in any regular employment otherwise than as a regular police officer; and

(d)whether any such disablement as is mentioned in sub-paragraph (c) is likely to be permanent.

(2) Where the police authority are considering whether the disablement of a person such as is mentioned in regulation 21(2) or 51(1)(a) has ceased, significantly worsened or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions–

(a)whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police force; and, if so,

(b)whether the person concerned is also disabled for engaging in any regular employment; and

(c)whether any such disablement as is mentioned in sub-paragraph (b) is likely to be permanent.

(3) Where the police authority are considering whether the disablement of a person such as is mentioned in regulation 51(1)(b) has ceased or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions–

(a)whether the person concerned continues to be disabled for engaging in any regular employment; and, if not;

(b)whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police force.

(4) Where, in pursuance of a reference under paragraph (2) or (3), the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or either of the questions referred to in paragraph (3)(a) and (b), as the case may be, is to be answered in the affirmative, no question as to the likelihood of such disablement continuing permanently is to be considered by the selected medical practitioner.

(5) Where the police authority are considering the exercise of their powers under regulation 53, they shall refer for decision to a duly qualified medical practitioner selected by them the question whether the person concerned has brought about or substantially contributed to the disablement by that person’s own default.

(6) The police authority may decide to refer a question in paragraph (1), (2), (3) or (5), as the case may be, to a board of duly qualified medical practitioners instead of to a single duly qualified medical practitioner, and in such a case references in this regulation and regulations 72, 73(4) and 74(7) to a selected medical practitioner shall be construed as if they were references to such a board.

(7) The decision of the selected medical practitioner on the question or questions referred to that practitioner under this regulation shall be expressed in the form of a report and shall, subject to regulations 72 and 73, be final.

(8) Where, in pursuance of a reference under paragraph (2) or (3), the selected medical practitioner is of the opinion that sub-paragraphs (a) and (b) of regulation 51(7) apply in the case of the person concerned, the practitioner shall give written notice of that opinion to the person concerned in accordance with regulation 51(7)(d)(i) and inform the police authority of such opinion in the practitioner’s report; and in such a case the opinion to which the notice relates shall be treated for the purposes of paragraph (7) as if it were a decision on a question referred to the practitioner under this regulation.

(9) A copy of any such report shall be supplied to the person who is the subject of that report.

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