Forfeiture
40.—(1) This regulation applies to a pension payable to or in respect of a member of a police force under regulations 11, 13 or 20.
(2) A police authority responsible for the payment of a pension to which this regulation applies may determine that the pension be forfeited, in whole or in part and permanently or temporarily as they may specify, if the pensioner has been convicted of an offence mentioned in paragraph (3) and, in the case of an adult survivor’s pension, that offence was committed after the death of the pensioner’s husband or, as the case may be, civil partner.
(3) The offences referred to in paragraph (2) are–
(a)an offence of treason; and
(b)1 or more offences under the Official Secrets Acts 1911 to 1989(1) for which the member has been sentenced on the same occasion to a term of imprisonment of, or to 2 or more consecutive terms amounting in the aggregate to, at least 10 years.
(4) A police authority responsible for payment to a member of a police force of a pension to which this regulation applies may determine that the pension be forfeited, in whole or in part and permanently or temporarily as they may specify, if the member has been convicted of an offence committed in connection with their service as a member of a police force which is certified by the Scottish Ministers either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.
(5) To the extent to which a pension is forfeited under this regulation, the police authority shall be discharged from all actual or contingent liability in respect of that pension.