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The Special Constables (Injury Benefit) (Scotland) Regulations 1987

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Citation and commencement

1.—(1) These Regulations may be cited as the Special Constables (Injury Benefit) (Scotland) Regulations 1987.

(2) These Regulations shall come into force on 28th October 1987 and shall have effect as from 25th November 1982.

Interpretation

2.—(1) Subject to the following provisions of these Regulations, these Regulations shall be construed as one with the Special Constables (Pensions) (Scotland) Regulations 1973(1) (hereinafter referred to as “the principal Regulations”).

(2) Notwithstanding regulation 3(3) of the principal Regulations, in these Regulations “totally disabled” means incapable by reason of the disablement in question of earning any money in any employment and “total disablement” shall be construed accordingly.

(3) Notwithstanding any enactment applied by regulation 3(2) of the principal Regulations, the reference in regulation 3(1)(a) of these Regulations to a person being totally and permanently disabled is to be taken as a reference to that person being totally disabled at the time when the question arises for decision and to that total disablement being at that time likely to be permanent.

Injury benefit

3.—(1) The Police (Injury Benefit) Regulations 1987(2) shall apply, subject to the necessary modifications, in relation to—

(a)a person who—

(i)receives or received an injury without his own default and in the execution of his duty, whether before, on or after 25th November 1982; and

(ii)on or after that date ceases or has ceased to serve as a special constable; and

(iii)within 12 months of so receiving that injury, becomes or became totally and permanently disabled as a result thereof; and

(b)a special constable who—

(i)receives or received an injury without his own default and in the execution of his duty, whether before, on or after 25th November 1982; and

(ii)was serving as a special constable on or after that date; and

(iii) within 12 months of so receiving that injury, dies or has died as a result thereof;

as they apply in the case of a person such as is mentioned in regulation 4(1) or, as the case may be, regulation 5(1) of those Regulations.

(2) For the purposes of paragraph (1) any references in the Police (Injury Benefit) Regulations 1987(3) to any of the provisions of the Police Pensions Regulations 1973(4) or, as the case may be, the Police Pensions Regulations 1987(5) shall include references to those provisions as applied in relation to special constables by the principal Regulations.

Michael B. Forsyth

Parliamentary Under Secretary of State, Scottish Office

New St. Andrew’s House,

Edinburgh

18th September 1987

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