The Police Pension Scheme (Scotland) Regulations 2015

Decision of employer void if appeal against decision of selected medical practitioner is successful

This section has no associated Policy Notes

109.—(1) A decision of the employer under this Chapter is void if—

(a)the selected medical practitioner decides that—

(i)the member is permanently medically unfit for performing the ordinary duties of a member of the police force; or

(ii)the member is permanently medically unfit for engaging in any regular employment;

(b)the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(c)the appeal board decides that the member is not so permanently medically unfit.

(2) A decision of the employer under this Chapter is void if—

(a)the selected medical practitioner decides that—

(i)the member is not permanently medically unfit for performing the ordinary duties of a member of the police force; or

(ii)the member is not permanently medically unfit for engaging in any regular employment;

(b)the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(c)the appeal board decides that the member is so permanently medically unfit.