The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police and Justice Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
1In this Schedule—E+W+S+N.I.
“the 1976 Act” means the Police Pensions Act 1976 (c. 35);
“1976 Act scheme” means a pension scheme established by regulations under section 1 of the 1976 Act (pensions for police in Great Britain);
“the 1998 Act” means the Police (Northern Ireland) Act 1998 (c. 32);
“1998 Act scheme” means a pension scheme established by regulations under section 25(2)(k) of the 1998 Act (pensions for members of Police Service of Northern Ireland) or section 26(2)(g) of that Act (pensions for members of Police Service of Northern Ireland Reserve);
“police pension scheme” means a 1976 Act scheme or a 1998 Act scheme;
“police pensions regulations” means—
regulations under section 1 of the 1976 Act;
regulations under section 25(2)(k) or 26(2)(g) of the 1998 Act.
(a)revoke those provisions of the police pensions regulations that apply to persons who became members of a police pension scheme before 6th April 2006, and
(b)make equivalent provision establishing a single pension scheme for the benefit of those persons.
(2)In sub-paragraph (1)(b) “equivalent provision” means, subject to sub-paragraph (3), provision having the same effect as the provisions revoked.
(3)The regulations may make changes to the effect of the provisions revoked if the changes—
(a)are made as a result of consolidating the provisions of the different police pensions regulations into a single pension scheme, and
(b)do not make the scheme less beneficial to any member of it than the police pension scheme of which he was previously a member.
3(1)This paragraph applies to the first regulations under this Schedule.E+W+S+N.I.
(2)The power to make the regulations is exercisable by the Secretary of State with the consent of the Treasury.
(3)Before exercising the power the Secretary of State shall consult with the Police Negotiating Board for the United Kingdom.
(4)The regulations may be framed so as to have effect as from a date before the making of the regulations.
4(1)The power to make amending regulations is exercisable as if—E+W+S+N.I.
(a)any provision of the 1976 Act applying to regulations under section 1 of that Act,
(b)any provision of Northern Ireland legislation applying to regulations under section 25(2)(k) of the 1998 Act, and
(c)any provision of Northern Ireland legislation applying to regulations under section 26(2)(g) of the 1998 Act,
applied also to the amending regulations.
(2)In this paragraph “amending regulations” means regulations amending regulations previously made under this Schedule.
5(1)The provisions of—E+W+S+N.I.
(a)section 8A of the 1976 Act (information in connection with police pensions etc),
(b)section 9 of that Act (assignment etc of pension to be void), and
(c)section 10 of that Act (obtaining pension by self-inflicted injury etc),
apply to regulations under this Schedule, so far as relating to persons who are former members of a 1976 Act Scheme, as they apply to regulations under section 1 of the 1976 Act.
(2)The Pensions (Increase) Act 1971 (c. 56) has effect as if a reference in paragraph 15 or 43 of Schedule 2 to a pension payable under the Police Pensions Act 1976 included a reference to a pension payable under regulations under this Schedule to a person who is a former member of a 1976 Act Scheme.
6A reference, however expressed, in any document (including an enactment) to—E+W+S+N.I.
(a)regulations under section 1 of the 1976 Act,
(b)regulations under section 25(2)(k) of the 1998 Act, or
(c)regulations under section 26(2)(g) of the 1998 Act,
is to be read, where the context allows, as including a reference to regulations under this Schedule.
7A pension scheme established under this Schedule is to be regarded for the purposes of Part 4 of the Finance Act 2004 (c. 12) (taxation of pension schemes etc) as a continuation of each police pension scheme that it replaces, and not as a different scheme.E+W+S+N.I.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules only you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: