The Police Pensions (Amendment) (No. 2) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the following Regulations as they have effect in England and Wales: the Police Pensions Regulations 1987 (“the 1987 Regulations”), which provide for the superannuation of members of police forces, and the Police Pensions (Additional Voluntary Contributions) Regulations 1991 (“the AVC Regulations”), which make provision for the payment of additional voluntary contributions by police officers to secure additional pension benefits.

Regulation 1 provides for the citation, commencement and extent of the Regulations.

Regulation 2 and Schedule 1 amend the procedure relating to retirement on grounds of ill-health in the 1987 Regulations.

Paragraph 1 of that Schedule amends the definition of permanent disablement to make it clear that disablement must have a recognised medical cause or must be the result of an injury, and that the question of whether a person is permanently disabled is to be assessed on the assumption that he will receive appropriate medical treatment.

Paragraph 3 provides that a police authority may refer medical questions to a board of doctors rather than to one individual doctor. Questions as to whether a person’s disablement is the result of an injury received in the execution of duty, and as to the degree of a person’s disablement, remain to be referred to a doctor who shall express his findings in a certificate. Questions as to whether a person is disabled and as to whether the disablement is likely to be permanent are to be referred to a doctor who shall express his findings in a report. If both categories of question are referred, the findings are to be expressed in a report. A person who is the subject of a medical report shall automatically be entitled to see a copy of it, rather than having to request it within a limited timetable.

Paragraph 4 enables a person who is dissatisfied with a medical report to appeal to an independent person appointed by the Secretary of State.

Paragraph 5 enables a police authority and a claimant by agreement to seek a reconsideration of a medical authority’s decision, without the need for fresh evidence. Sub-paragraph (4) provides that where a claimant has given notice of appeal under regulation H2, the police authority may, with the consent of the claimant, refer a decision back to the medical practitioner for reconsideration, rather than proceeding immediately to an appeal hearing by notifying the Secretary of State.

Paragraph 6 clarifies that a member of a home police force may appeal to the Crown Court against a decision of the police authority as to whether a refusal to accept medical treatment is reasonable. Paragraph 7 clarifies that an overseas policeman, an inspector of constabulary and a central police officer may appeal to an appeal tribunal appointed by the Secretary of State against a decision by the Secretary of State, acting as the police authority, as to whether a refusal to accept medical treatment is reasonable.

Paragraphs 8 and 9 correct errors introduced into the 1987 Regulations by S.I. 2002/3202.

Regulation 3 and Schedule 2 correct an error introduced into the AVC Regulations by S.I. 2003/27.