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The Police Pensions (Scotland) Regulations 2007

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Regulation 2(a)

SCHEDULE 1GLOSSARY OF EXPRESSIONS

This schedule has no associated Executive Note

In these Regulations, unless the context otherwise requires:–

“the 1987 Regulations” means the Police Pensions Regulations 1987(1);

“the 1993 Act” means the Pension Schemes Act 1993(2);

“the 1996 Act” means the Police Act 1996(3);

“the 1999 Act” means the Welfare Reform and Pensions Act 1999(4);

“added years” has the meaning assigned to it by regulation 56(2);

“adult survivor” has the meaning assigned to it by regulation 40(1)(a);

“aggregate pension contributions”, for the purpose of calculating an award, shall be construed in accordance with regulation 26;

“the appeal board” has the meaning assigned to it by regulation 72;

“the appellant’s practitioner” shall be construed in accordance with regulation 70(1)(b);

“ceasing to serve” includes–

(a)

voluntarily ceasing to serve as a regular police officer;

(b)

resignation from a police force upon being required to resign; and

(c)

dismissal,

in each case with effect from a date before that on which the person concerned attains the age of 55 years;

“chief constable” has the meaning assigned to it by section 3 of the Police (Scotland) Act 1967(5);

“a child survivor” (without regard to age) has the meaning assigned to it by regulation 40(1)(b);

“contracting-out rights” shall be construed in accordance with regulation 43(3)(a);

“Conduct Regulations” has the same meaning as it has in regulation 4(1) of the Police (Scotland) Regulations 2004(6);

“disablement” and cognate expressions have the meanings assigned to them by regulation 4;

“English and Welsh pensions legislation” means the English and Welsh legislation for the time being in force relating to the pensions of members of English and Welsh police forces;

“an enhanced top-up ill-health pension” has the meaning assigned to it by regulation 29(4)(b);

“enhanced top-up totals” has the meaning assigned to it by regulation 31(1);

“final pensionable pay” shall be construed in accordance with regulation 24;

“former force”, in relation to a serviceman, means the police force in which the officer was serving immediately before undertaking a period of relevant service in the reserve forces;

“former pension arrangements” shall be construed in accordance with regulation 15(1)(a);

“former police authority”, in relation to a regular police officer, means the police authority for their former force;

“guaranteed minimum” and “guaranteed minimum pension” have the meanings which they have for the purposes of the 1993 Act; and “guaranteed minimum”, in relation to a pension under a pension scheme at a particular time, means the amount certified by the Department for Work and Pensions as that minimum at that time;

“home police force” means any police force within the meaning of the Police (Scotland) Act 1967;

“infirmity” has the meaning assigned to it by regulation 4(5);

“injury” includes any injury or disease, whether of body or of mind;

“injury received in the execution of duty” and “the result of an injury” have the same meanings as they have in the 1987 Regulations;

“maternity leave” has the same meaning as in regulation 4(1) of the Police (Scotland) Regulations 2004(7);

“medical authority who has given a final decision” has the meaning assigned to it by regulation 73(4);

“normal benefit age” has the meaning assigned to it by regulation 61(2);

“parental leave” means leave granted in accordance with regulation 33(8) of the Police (Scotland) Regulations 2004;

“the parties to the appeal” shall be construed in accordance with regulation 74(5);

“part-time service” means service as a regular police officer performed pursuant to an appointment under regulation 6 of the Police (Scotland) Regulations 2004;

“pension credit” means a credit under section 29(1)(b) of the 1999 Act including a credit under corresponding Northern Ireland legislation;

“pension credit benefit” has the meaning given by section 101B(8) of the 1993 Act;

“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995(9);

“pension credit rights” means rights to future benefits under these Regulations which are attributable to a pension credit;

“pension debit” means a debit under section 29(1)(a) of the 1999 Act;

“pension debit member” means a person whose benefits or future benefits under these Regulations have been reduced under section 31 of the 1999 Act;

“pension sharing order” means any order or provision which is mentioned in section 28(1) of the 1999 Act, Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(10) or Part 4 of Schedule 5 to the Civil Partnership Act 2004(11);

“pensionable pay” has the meaning assigned to it by regulation 23;

“pensionable service” shall be construed in accordance with regulation 10;

“the Pensions (Increase) Acts” means the Pensions (Increase) Act 1971(12) and the Pensions (Increase) Act 1974(13);

“police authority” has the meaning given to it by section 11(2) of the Police Pensions Act 1976(14);

“police force” includes a home police force, the National Criminal Intelligence Service and the National Crime Squad;

“Police Service of Northern Ireland pensions legislation” means the Northern Ireland legislation for the time being in force relating to the pensions of members of the Police Service of Northern Ireland;

“prospective service” shall be construed in accordance with regulation 31(3);

“public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;

“the public sector transfer arrangements” has the meaning assigned to it by regulation 15(4);

“public service pension scheme” has the meaning given by section 1(1) of the 1993 Act(15);

“the qualifying service criterion” shall be construed in accordance with regulation 17(3) and (4);

“regular employment” means employment for an annual average of at least 30 hours per week;

“regular police officer” means a member of a home police force, an inspector of constabulary and a police officer engaged on relevant service;

“the relevant award” shall be construed in accordance with regulation 50(1);

“relevant date” shall be construed in accordance with regulation 10(1);

“the relevant police authority” shall be construed in accordance with regulation 76(b);

“relevant service” (except in the expression “relevant service in the reserve forces”) has the meaning assigned to it by section 38A of the Police(Scotland) Act 1967(16);

“relevant service in the reserve forces” has the meaning assigned to it by regulation 89;

“the reserve forces” has the meaning assigned to it by regulation 89;

“Retail Prices Index” means the general index of retail prices published by the Office for National Statistics;

“retirement” and cognate expressions shall be construed in accordance with regulation 17;

“the Scheme actuary” means the actuary for the time being appointed by the Scottish Ministers to provide a consulting service on actuarial matters relevant to these Regulations;

“the selected medical practitioner” shall be construed in accordance with regulation 8(2);

“serious ill-health”, in relation to commutation under Part 6, has the meaning assigned to it by regulation 62(3);

“serviceman” has the meaning assigned to it by regulation 89;

“sick leave” means leave taken in accordance with regulation 33(5) of the Police (Scotland) Regulations 2004;

“a standard ill-health pension” has the meaning assigned to it by regulation 29(3);

“state pensionable age” has the meaning assigned to it by regulation 43(7);

“tax year” means the 12 months beginning with 6th April in any year;

“transfer”, except in the expression “transfer election” shall be construed in accordance with regulation 5;

“a transfer election” has the meaning assigned to it by regulation 6(8); and

“unpaid maternity leave” does not include any maternity leave in respect of which statutory maternity pay is payable under the Social Security Contributions and Benefits Act 1992(17).

(8)

Section 101B was inserted by section 37 of the 1999 Act.

(13)

1974 c. 9.

(14)

1976 c. 35; section 11(2) was amended by the Police and Magistrates' Courts Act 1994 (c. 29), Schedule 5, Part 2, paragraph 20(3), the 1996 Act, Schedule 7, paragraph 33, the Police Act 1997 (c. 50), Schedule 9, paragraph 33(2)(b) and 33(2)(c), the Criminal Justice and Police Act 2001 (c. 16), section 126(3) and Schedule 4, paragraph 6 and the Police Reform Act 2002 (c. 30), Schedule 7, paragraph 7(1) and (2).

(15)

Subsection (1) of section 1 was so numbered by the Pensions Act 2004 (c. 35), section 293(1) and (2) and the definition of “public service pension scheme” was amended by S.I. 1999/1820, article 4, Schedule 2, Part 1, paragraph 113(a) and (b).

(16)

Section 38A was amended by the Police Act 1997 (c. 50), Schedule 9, paragraph 86(2), the International Development Act 2002 (c. 1), Schedule 3, paragraph 11 and Schedule 4, the Proceeds of Crime Act 2002 (c. 29), Schedule 11, paragraphs 1(3) and the Police Reform Act 2002 (c. 30), Schedule 7, paragraph 1(1).

(17)

1992 c. 4.

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