79. This Chapter applies in relation to a member of a police force (“the member”)—
(a)who is an active member of this scheme; or
(b)who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme M1.
Marginal Citations
M1See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.
80.—(1) In this Chapter, “former member of a home police force” means—
(a)a specified NCA officer;
(b)a person engaged on temporary service in accordance with arrangements made under section 26(2) of PA 1996; or
(c)a person engaged on relevant service under section 97 of PA 1996.
(2) For the purpose of this Chapter—
(a)a former member of a home police force is taken to be a member of the home police force; and
(b)“police pension authority”, in relation to the former member of the home police force, means the police pension authority for the home police force.
81.—(1) Before considering whether a person in service as a member of a police force (“the member”) should be compulsorily retired under regulation 82, the police pension authority must refer the following questions to a selected medical practitioner for decision—
(a)whether the member is medically unfit for performing the ordinary duties of a member of the police force;
(b)whether that medical unfitness is likely to be permanent;
(c)whether the member is medically unfit for engaging in any regular employment; and
(d)whether that medical unfitness is likely to be permanent.
(2) The selected medical practitioner must—
(a)examine or interview the member as the selected medical practitioner thinks appropriate;
(b)decide the questions referred to the selected medical practitioner under paragraph (1); and
(c)give the police pension authority and the member a report containing a decision on those questions.
(3) That report is final, subject to—
(a)an appeal under Schedule 1 against the decision of the selected medical practitioner; or
(b)the referral under Schedule 1 of the decision of the selected medical practitioner for reconsideration.
Modifications etc. (not altering text)
C1Reg. 81(3) applied (1.10.2023) by The Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831), regs. 1(b), 51(4)
82.—(1) This regulation applies if—
(a)the police pension authority refers questions relating to the member's permanent medical unfitness to a selected medical practitioner under regulation 81(1);
(b)the selected medical practitioner gives the police pension authority and the member a report under that regulation; and
(c)the report contains the decision that the member is permanently medically unfit for performing the ordinary duties of a member of the police force.
(2) The police pension authority, after considering all the relevant circumstances and all the advice and information available to the police pension authority (including input from the member)—
(a)may require the member to retire on the date the police pension authority considers the member ought to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force; or
(b)may require the member to continue to serve as a member of the police force.
83.—(1) This regulation applies if, under regulation 82(2)(b) (compulsory retirement on grounds of permanent medical unfitness), the police pension authority requires the member to continue to serve as a member of a police force.
(2) The police pension authority, at any time in its discretion it determines, may consider whether the member's medical unfitness has ceased, significantly worsened or significantly improved.
(3) In considering the matters mentioned in paragraph (2), the police pension authority must refer the following questions to a selected medical practitioner for decision—
(a)whether the member continues to be medically unfit for performing the ordinary duties of a member of the police force; and
(b)if so, whether—
(i)the member is also medically unfit for engaging in any regular employment; and
(ii)that medical unfitness is likely to be permanent.
(4) The selected medical practitioner must examine or interview the member as the selected medical practitioner thinks appropriate.
(5) If the selected medical practitioner decides that the member continues to be medically unfit for performing the ordinary duties of a member of the police force, the selected medical practitioner does not need to decide if that medical unfitness is likely to be permanent.
(6) The selected medical practitioner must give the police pension authority and the member a report containing the decisions on the questions referred under paragraph (3).
(7) That report is final, subject to—
(a)an appeal against the decision under Schedule 1; or
(b)the referral of the decision for reconsideration under Schedule 1.
(8) The police pension authority must require the member to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force if, after considering all the relevant circumstances and all the advice and information available to the police pension authority, the police pension authority determines that the member ought to retire.
84. The compulsory retirement of a member under this Part is void if—
(a)the selected medical practitioner decides that the member is permanently medically unfit for performing the ordinary duties of a member of the police force;
(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 permanently medically unfit for performing the ordinary duties of a member of the police force.