The Police (Injury Benefit) (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for payments to police officers who are permanently disabled as a result of an injury received without their own default in the execution of duty as a police officer or, where death results from such an injury, to surviving spouses or civil partners, children or other dependent relatives of the deceased officer. The Regulations revoke and re enact provisions for that purpose in the Police Pensions Regulations 1987 and the Police (Injury Benefit) Regulations 1987, and establish a scheme which is distinct from the provisions of the Police Pensions Regulations 1987, which continue in force in relation to contributory pensions payable to police officers or to others in relation to deceased police officers.

Part 1 contains general provisions, including definitions of “injury received in the execution of duty” and “disablement” (regulations 6 and 7). Regulation 1(1) provides that the Regulations have retrospective effect to 6th April 2006, which is the date on which a new tax regime for registered pension schemes introduced by the Finance Act 2004 comes into effect. Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976.

Part 2, with Schedules 3 to 5, makes provision for the awards payable on injury or death, with supplementary provision in Part 3; and Part 5 governs the circumstances in which an award may be revised, withdrawn or forfeited. Part 4 and Schedule 6 provide procedures for the determination of medical questions which arise. Part 6 contains provision in respect of the payment of awards. Schedule 2 revokes the Police (Injury Benefit) Regulations 1987, relevant provisions of the Police Pensions Regulations 1987 and of the Police Pensions (Supplementary Provisions) Regulations 1987 and makes consequential amendments of the last two of those 1987 Regulations.