2013 No. 184
Police
Pensions

The Police Reform (Pensions Amendments) (Scotland) Regulations 2013

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1 of the Police Pensions Act 19761 and all other powers enabling them to do so.
In accordance with section 1(1) of that Act, they have consulted with the Police Negotiating Board for the United Kingdom2.

PART 1General

Citation, commencement, effect and extent1.

(1)

These Regulations may be cited as the Police Reform (Pensions Amendments) (Scotland) Regulations 2013.

(2)

These Regulations come into force on 1st July 2013 and, subject to paragraph (3), have effect from 1st April 2013.

(3)

Regulations 12(e), 17(a) and 23(c) have effect from 1st October 2012.

(4)

These Regulations extend to Scotland only.

PART 2Amendment of the Police Pensions Regulations 1987

General2.

The Police Pensions Regulations 19873 are amended in accordance with regulations 3 to 12.

Regulation A63.

In regulation A6 (meaning of certain expressions)4, omit paragraphs (5G) to (5I).

Regulation A154.

Omit regulation A15 (alterations in police areas).

Regulation A165.

In regulation A16 (transfers), omit paragraphs (a) and (e).

Regulation A176.

In regulation A17 (retirement)5, in paragraph (1)(a) for the words from “section 26” to “2006” substitute “section 48 of the 2012 Act”.

Regulation B17.

In regulation B1(3) (policeman’s ordinary pension)—

(a)

in sub-paragraph (b), for “regulation 11 of the Police (Scotland) Regulations 20046” substitute “regulation 7 of the Police Service of Scotland Regulations 20137”; and

(b)

in sub-paragraph (d), for “section 4(4)(d) of the Police (Scotland) Act 19678” substitute “section 14 of the 2012 Act”.

Regulation B28.

In regulation B2 (policeman’s short service award), in paragraph (1)(c) for “section 4(4)(d) of the Police (Scotland) Act 1967” substitute “section 14 of the 2012 Act”.

Regulation E89.

In regulation E8 (increase of widow’s pension or child’s allowance during first 13 weeks)9, in paragraph (2A)(b) after “2004” insert “or regulation 26 of the Police Service of Scotland Regulations 2013”.

Regulation F310.

In regulation F3 (previous service reckonable without payment)10, in paragraph (1)(e) for “section 38A(3) of the Police (Scotland) Act 1967” substitute “section 15(5) of the 2012 Act”.

Regulation H611.

In regulation H6 (appeal by overseas policeman, inspector of constabulary or central police officer), in paragraph (10)(b) for “section 33 or 34 of the Police (Scotland) Act 1967” substitute “section 71 or 72 of the 2012 Act”.

Schedule A12.

In Schedule A (glossary of expressions)11—

(a)

after the definition of “the 1999 Act”, add—
““the 2012 Act” means the Police and Fire Reform (Scotland) Act 201212;”;

(b)

in the definition of “central police officer”, for “section 38(1) of the Police (Scotland) Act 1967” substitute “section 15(5) of the 2012 Act”;

(c)

in the definition of “central service”, for “section 38A(1)(b) or (bc) of the Police (Scotland) Act 1967” substitute—

“any of the following kinds of temporary service in pursuance of section 15 of the 2012 Act—

(a)

service in accordance with section 72(1)(b) or 73(1)(b) of the 2012 Act as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;

(b)

service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers; or

(c)

service as a member of staff of SOCA;”;

(d)

in the definition of “chief officer of police”, omit the words from “and in relation” to “General”;

(e)

in the definition of “home police force”, at the end insert “or the Police Service of Scotland”;

(f)

in the definition of “maternity leave”, for “has the same meaning as in regulation 4(1) of the Police (Scotland) Regulations 2004” substitute “means leave taken in accordance with a determination under regulation 33(7) of the Police (Scotland) Regulations 2004 or under regulation 25(7) of the Police Service of Scotland Regulations 2013”;

(g)

in the definition of “member of a police force”, omit paragraph (h) and the word “and” immediately before it;

(h)

in the definition of “parental leave”, after “2004” insert “, regulation 25(8)(b) of the Police Service of Scotland Regulations 2013”;

(i)

in the definition of “part-time service”, for the words from “regulation 8A” to “1976” substitute “regulation 3 of the Police Service of Scotland Regulations 2013”;

(j)

in the definition of “police authority”, omit the words from “, and accordingly” to the end;

(k)

omit the definition of “a police member of SCDEA” and the definition relating to “Police Operating Account” and “Police Pension Account” ;

(l)

in the definition of “regular policeman”—

(i)

omit paragraph (g); and

(ii)

in paragraph (h), for the words from “accordance” to the end substitute “pursuance of section 15 of the 2012 Act with any person engaged in activity outwith the United Kingdom”;

(m)

omit the definition of “SCDEA”;

(n)

in the definition of “sick leave”, after “2004” insert “, regulation 25(5) of the Police Service of Scotland Regulations 2013”; and

(o)

omit the definition of “SPSA”.

PART 3Amendment of the Police (Injury Benefit) (Scotland) Regulations 2007

General13.

The Police (Injury Benefit) (Scotland) Regulations 200713 are amended in accordance with regulations 14 to 17.

Regulation 314.

In regulation 3 (meaning of certain expressions)14, omit paragraphs (7) and (8).

Regulation 615.

In regulation 6(6) (injury received in the execution of duty), omit the words from “and in this paragraph” to the end.

Regulation 4216.

In regulation 42(1) (accounts out of which and into which payments are to be made)15, omit the words from “and are to be paid” to the end.

Schedule 117.

In Schedule 1 (glossary of expressions)16—

(a)

in the definition of “home police force”, at the end insert “or the Police Service of Scotland”;

(b)

in the definition of “member of a police force”, omit paragraph (e) and the word “and” immediately before it;

(c)

omit the definitions of “police member of SCDEA” and “Police Operating Account”;

(d)

in the definition of “regular police officer”, omit all the words which come after the end of paragraph (e);

(e)

in the definition of “relevant service”, for the words from “has the” to “1967” substitute “means temporary service under section 15 of the Police and Fire Reform (Scotland) Act 2012”; and

(f)

omit the definitions of “SCDEA” and “SPSA”.

PART 4Amendment of the Police Pensions (Scotland) Regulations 2007

General18.

The Police Pensions (Scotland) Regulations 200717 are amended in accordance with regulations 19 to 23.

Regulation 319.

In regulation 3 (meaning of certain expressions)18—

(a)

in paragraph (1), omit “, or a police member of SCDEA”; and

(b)

omit paragraph (5).

Regulation 520.

In regulation 5 (transfers)19, omit paragraphs (a) and (b).

Regulation 1721.

In regulation 17 (retirement), in paragraph (1)(d)—

(a)

for “within the meaning of section 4(4)(d) of the Police (Scotland) Act 1967”, substitute “under section 14 of the 2012 Act”; and

(b)

omit “in question”.

Regulations 87 and 8822.

Omit regulations 87 (alterations in police areas) and 88 (chief constables affected by alterations in police areas).

Schedule 123.

In Schedule 1 (glossary of expressions)20—

(a)

after the definition of “the 1999 Act”, add—

““the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012;”;

(b)

in the definition of “chief constable”, for “section 3 of the Police (Scotland) Act 1967” substitute “section 99(1) of the 2012 Act”;

(c)

in the definition of “home police force”, at the end insert “or the Police Service of Scotland”;

(d)

in the definition of “maternity leave”, for “has the same meaning as in regulation 4(1) of the Police (Scotland) Regulations 2004” substitute “means leave taken in accordance with a determination under regulation 33(7) of the Police (Scotland) Regulations 2004 or under regulation 25(7) of the Police Service of Scotland Regulations 2013”;

(e)

in the definition of “parental leave”, after “2004” insert “, regulation 25(8)(b) of the Police Service of Scotland Regulations 2013”;

(f)

in the definition of “part-time service”, omit “or as a police member of SCDEA”;

(g)

for the definition of “police authority”, substitute—

““police authority” means the Scottish Police Authority;”;

(h)

omit the definition of “a police member of SCDEA” and the definition relating to “Police Operating Account” and “Police Pension Account”;

(i)

in the definition of “regular police officer”, omit “a police member of SCDEA,”;

(j)

in the definition of “relevant service”, for the words from “has the” to “1967” substitute “means temporary service under section 15 of the 2012 Act”; and

(k)

omit the definitions of “SCDEA” and “SPSA”.

PART 5Revocation

The Police Pension Account (Scotland) Regulations 201024.

The Police Pension Account (Scotland) Regulations 201021 are revoked.
JOHN SWINNEY
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend various pensions instruments so as to make changes consequential on the creation of the Police Service of Scotland and the Scottish Police Authority. The instruments are the Police Pensions Regulations 1987, the Police (Injury Benefit) (Scotland) Regulations 2007 and the Police Pensions (Scotland) Regulations 2007. In addition, the Police Pension Account (Scotland) Regulations 2010 are revoked.