The Police Pensions (Amendment) (Scotland) Regulations 2011

Regulation 2(3)

SCHEDULE 3Amendments to the Police (Injury Benefit) (Scotland) Regulations 2007

This schedule has no associated Executive Note

1.  The Police (Injury Benefit) (Scotland) Regulations 2007 are amended as follows.

2.  After regulation 3(4) (meaning of certain expressions in relation to persons who are not members of a home police force), insert—

(5) For the purposes of these Regulations an employed constable of NPIA shall be deemed to be a member of a home police force, except where the context otherwise requires.

(6) In relation to an employed constable of NPIA—

(a)a reference in these Regulations to a force shall be construed as a reference to NPIA; and

(b)a reference in these Regulations to a police authority shall be construed as a reference to NPIA.

(7) For the purposes of these Regulations a police member of SCDEA shall be deemed to be a member of a home police force, except where the context otherwise requires.

(8) In relation to a police member of SCDEA—

(a)a reference in these Regulations to a force shall be construed as a reference to SCDEA; and

(b)a reference in these Regulations to a police authority shall be construed as a reference to SPSA..

3.  After regulation 6(3B) (injury received in the execution of duty) insert—

(3C) In the case of a person who is an employed constable of NPIA, paragraph (2)(a) shall have effect as if references to duty and being on duty were references to acting within the scope of the person’s employment..

4.—(1) Regulation 39 (withdrawal of pension during service as a regular police officer) is amended as follows.

(2) In paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”.

(3) After paragraph (2) insert—

(3) 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 1st April 2011..

5.—(1) Schedule 1 (glossary of expressions) is amended as follows.

(2) The following definitions are inserted in the appropriate places—

“employed constable of NPIA” means a member of staff of NPIA who is a constable and an employee of NPIA;;

“NPIA” means the National Policing Improvement Agency;;

“police member of SCDEA” means a person appointed by virtue of paragraph 7(2)(c) of Schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act    2006(1);;

“relevant service” has the meaning assigned to it by section 38A of the Police (Scotland) Act 1967;;

“SCDEA” means the Scottish Crime and Drug Enforcement Agency;; and

“SPSA” means the Scottish Police Services Authority;.

(3) In the inclusive definition of “member of a police force”—

(a)in paragraph (b) omit “and”; and

(b)at the end insert—

(d)an employed constable of NPIA; and

(e)a police member of SCDEA..

(4) In the definition of “regular police officer”—

(a)in paragraph (c) omit “and”; and

(b)at the end insert—

(e)an employed constable of NPIA; and

(f)a police member of SCDEA,.