Chwilio Deddfwriaeth

The Police Pensions Regulations (Northern Ireland) 2015

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

CHAPTER 1General

Application of Part

70.  This Part does not apply to a member who falls within regulation 4(1)(d).

Police pension authority

71.  In this Part, “police pension authority” means the police pension authority acting in exercise of its functions as employer or scheme manager.

Medical unfitness

72.—(1) In these Regulations—

“infirmity” means a disease, injury, or medical condition, and includes a mental disorder, injury or condition;

“injury” includes any injury or disease, whether of body or of mind; and

“medical unfitness”, in relation to a member of the police service or a former member of the police service, means inability occasioned by infirmity of mind or body—

(a)

to perform the ordinary duties of a member of the police service; or

(b)

to engage in any regular employment.

(2) For the purpose of this Part, “ordinary duties of a member of the police service”, in relation to a former member of the police service, means the ordinary duties of a member of the police service.

Permanent medical unfitness

73.—(1) In these Regulations, a reference to a member of the police service who falls within regulation 4(1)(a),(b) or (c)(“the member”) being permanently medically unfit is taken to be a reference to—

(a)the member being medically unfit at the time the selected medical practitioner decides the question; and

(b)that medical unfitness being at that time likely to be permanent.

(2) For the purpose of deciding whether or not the member’s medical unfitness is likely to be permanent, the member is taken to receive normal appropriate medical treatment.

(3) In this regulation, “appropriate medical treatment” does not include medical treatment that the police pension authority acting in exercise of its functions as scheme manager decides is reasonable for the member to refuse.

(4) In respect of a member who falls within regulation 4(1)(b) “appropriate medical treatment” does not include medical treatment that the Chief Constable decides is reasonable for the member to refuse.

(5) The member may appeal under regulation 206 (appeals to the Department) against a decision of the police pension authority as to whether a refusal to accept medical treatment is reasonable.

Decision of selected medical practitioner

74.—(1) This Regulation applies for the purpose of this Part.

(2) The selected medical practitioner must decide that the member is permanently medically unfit for performing the ordinary duties of a member of the police service if of the opinion that—

(a)the member is unable to perform the ordinary duties of a member of the police service; and

(b)that inability is likely to continue until the member dies or reaches normal pension age under this scheme.

(3) The selected medical practitioner must decide that the member is permanently medically unfit for engaging in any regular employment if the selected medical practitioner is of the opinion that—

(a)the member is unable to perform the ordinary duties of a member of the police service;

(b)that inability is likely to continue until the member dies or reaches normal pension age under this scheme;

(c)the member is unable to engage in regular employment otherwise than as a member of a police service; and

(d)that inability is likely to continue until the member dies or reaches normal pension age under this scheme.

Refusal to be medically examined or attend interviews

75.—(1) The police pension authority may make a determination under this Part on such evidence and medical advice as the police pension authority thinks necessary if—

(a)a question as to whether a member of the police service is permanently medically unfit is referred to a selected medical practitioner for decision; and

(b)the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

(2) Where regulation 79(3) applies the Chief Constable, may make a determination under this Part on such evidence and medical advice as the Chief Constable thinks necessary if—

(a)a question as to whether a member of the police service is permanently medically unfit is referred to a selected medical practitioner for decision; and

(b)the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

A report under this Part

76.  For the purpose of these Regulations—

(a)a reference to a report and certificate under Part 6 is a reference to—

(i)a report under regulation 79, 81 or 84 (“the report under this Part”); or was required to continue to serve is a reference to—

(ii)a report given under Schedule 1 on an appeal or reconsideration if that report and certificate has replaced the report and certificate under this Part; and

(b)a reference to a report under regulation 79, 81 or 84 is a reference to—

(i)the report and certificate under that regulation; or

(ii)a report and certificate given under Schedule 1 on an appeal or reconsideration if that report and certificate has replaced the report under this Part.

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule 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?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Rule without Schedules

The Whole Rule without Schedules 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?

You have chosen to open The Whole Rule without Schedules as a PDF

The Whole Rule without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Rheol Gyfan

Y Rheol Gyfan 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?

You have chosen to open y Rheol Gyfan heb Atodlenni

Y Rheol Gyfan heb Atodlenni 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?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Memorandwm Esboniadol

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill