Police Pensions Act 1976

1976 CHAPTER 35

An Act to consolidate the Police Pensions Act 1948 and certain other enactments relating to the pensions to be paid to and in respect of members of police forces.

[22nd July 1976]

Extent Information

E1 Extent E.W.S but see s. 14(2)

Modifications etc. (not altering text)

C1 Power to modify conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(2)(3)(e)

C2 Power to modify conferred (prosp.) by 1993 c. 48, ss. 164, 188-190, 193(2), Sch. 6 Pt. II para. 17(3)(f).

Commencement Information

I1 Act wholly in force at Royal Assent.

1 Police pensions regulations. E+W+S

(1) Regulations to be made by the Secretary of State, with the consent of the Minister for the Civil Service and after consultation with [F1 the Police Negotiating Board for the United Kingdom], shall make provision—

(a) as to the pensions which are to be paid to and in respect of members of police forces, whether as of right or otherwise;

(b) as to the contributions in respect of pension rights which are to be made by members of police forces; and

(c) as to the times at which and the circumstances in which members of police forces are or may be required to retire otherwise than on the ground of misconduct.

(2) Without prejudice to the generality of the provisions of subsection (1) above, any such regulations shall provide for the payment subject to the regulations—

(a) of pensions to and in respect of persons who cease to be members of a police force after having served for such period as may be prescribed by the regulations;

(b) of pensions to and in respect of persons who cease to be members of a police force after such shorter period as may be prescribed by the regulations by reason of infirmity of mind or body;

(c) of pensions to and in respect of persons who cease to be members of a police force by reason of injury received in the execution of their duty;

(d) of pensions to and in respect of persons who cease to be members of a police force on the ground of age; and

(e) of pensions in respect of persons who die while serving as members of police forces.

[F2 (2A) Without prejudice to the generality of the provisions of subsection (1) above, any such regulations may make provision for the payment and receipt by police authorities of transfer values or of other lump sum payments made for the purpose of creating or restoring pension rights.]

(3) Regulations made under this section may contain such consequential or incidental provisions as appear to the Secretary of State to be necessary or expedient, including, in particular, provision as to the cases in which pensions are to be—

(a) varied, suspended, terminated or forfeited; or

(b) applied otherwise than by being paid to the person to whom they were awarded;

and may provide for a pension to be forfeited wholly or in part and for the forfeiture to be permanent or temporary.

(4) Without prejudice to the generality of subsection (3) above, the provision which may be made by regulations under this section with respect to forfeiture shall include provision by reference not only to the fact that a person to whom a pension has been awarded has committed and been convicted of an offence as specified in the regulations but also to the fact that the offence in question has been certified by a Minister of the Crown either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service.

(5) Regulations made under this section may be framed so as to have effect as from a date earlier than the making of the regulations.

(6) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words substituted by Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 2(3) (as continued (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 28)

F2 S. 1(2A) inserted (retrospective to 22.7.1976) by 1997 c. 52, s. 1(1)

Modifications etc. (not altering text)

C3 S. 1: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

2 Application of regulations to existing members. E+W+S

(1) Any regulations made under section 1 above shall be so framed as to secure, for existing members of police forces, the results—

(a) as to compulsory age of retirement, and

(b) as to scale of pensions payable under the regulations, specified respectively in subsections (2) and (3) below.

(2) The result as to compulsory age of retirement referred to in subsection (1) above is that the times at which an existing member of a police force is or may be required under the regulations to retire on the ground of age do not, unless he at any time elects otherwise, differ from those which would have been applicable in his case if the regulations in question had not come into force.

(3) The result as to scale of pensions referred to in subsection (1) above is that the scale of pensions payable under the regulations to an existing member of a police force who ceases to be a member of that police force either—

(a) after having served for any period prescribed by the regulations in question, or

(b) by reason of infirmity of mind or body (not being due to injury received in the execution of his duty) after having served for any shorter period so prescribed,

is not, unless he elects otherwise within such time and in such manner as may be so prescribed, less favourable than the scale applicable in his case immediately before the coming into force of the regulations.

(4) Regulations made under section 1 above shall not be invalid by reason that in fact they do not secure the results specified in subsections (2) and (3) above, but if the Secretary of State is satisfied, or it is held by the High Court or by the Court of Session, that any such regulations have failed to secure those results, the Secretary of State shall so soon as may be make under section 1 the necessary amending regulations, and any such amending regulations shall have effect as from the date of the coming into force of the regulations which they amend.

(5) In this section, “existing member”, in relation to any police force, means a person who is serving in that police force at the date when the regulations in questions come into force.

Subordinate Legislation Made

P1 S. 2: for previous execises of power see Index to Government Orders

S. 2: S. 1 ( with ss. 2, 3, 4, 5, 6, 7 ) : power exercised by S.I. 1991/1304

Modifications etc. (not altering text)

C4 S. 2: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

C5 S. 2(4) amended by Police Pensions Act 1961 (c. 35), s. 1(3)

3 Application of regulations to former members. E+W+S

(1) Subject to the following provisions of this section, any regulations made under section 1 above may be framed—

(a) so as to apply in relation to the pensions which are being paid or may become payable under the regulations to or in respect of persons who, having served as members of police forces, have ceased so to serve or died before the regulations come into force; or

(b) so as to require or authorise the payment of pensions to or in respect of such person.

(2) No provision shall be made by regulations under section 1 above by virtue of subsection (1) above unless any person who is placed in a worse position than he would have been in if the provision had not applied in relation to any pension which is being paid or may become payable to him is by the regulations given an opportunity to elect that the provision shall not so apply.

(3) No provision with respect to the forfeiture of pensions included in regulations made under section 1 above shall apply in relation to pensions granted under any of the enactments, rules and regulations specified in paragraph 3 of Schedule 1 to this Act; and that Schedule shall have effect—

(a) for the purpose of excluding entirely certain pensions to or in respect of former members of police forces from the operation of regulations made under section 1; and

(b) with respect to the forfeiture of pensions so granted and appeals against forfeiture in certain cases.

Subordinate Legislation Made

P2 S. 3: for previous exercises of power see Index to Government Orders

S. 3: s. 1 (with ss. 3 and 4) power exercised by S.I.1991/1517.

S. 3 : S. 1 ( with ss. 2, 3, 4, 5, 6, 7 ) : power exercised by S.I. 1991/1304

Modifications etc. (not altering text)

C6 S. 3: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

4 Transfers. E+W+S

(1) Without prejudice to the generality of section 1 above, regulations made under that section may contain such provision as appears to the Secretary of State to be necessary or expedient in relation to a person who transfers or has transferred from or to service in a police force to or from other service or employment, whether in a police force or not.

(2) Regulations made by virtue of subsection (1) above may include provisions enabling the other service or employment in question to be reckoned in whole or in part as service in a police force and provisions authorising or requiring payments to be made by or to the person or into or out of the fund out of which a pension may become or might have become payable to or in respect of the person in question as a member of a police force including—

(a) payments of contributions;

(b) payments of transfer values;

(c) payments towards the burden of a pension payable by another person or out of another fund; or

(d) other payments directed to the creation or preservation of pension rights of the person in question.

(3) Regulations made by virtue of subsection (1) above, in so far as they apply in relation to persons who have ceased to be members of a police force before the date on which the regulations come into force,—

(a) may authorise, but shall not require, such payments as are mentioned in subsection (2) above; and

(b) shall not affect any pension payable to or in respect of any person as a person who ceased to be a member of a police force before that date.

Subordinate Legislation Made

P3 S. 4 : for previous exercises of power see Index to Government Orders

S. 4: s. 1 (with ss. 3 and 4) power exercised by S.I.1991/1517.

S. 4: S. 1 ( with ss. 2, 3, 4, 5, 6, 7 ) : power exercised by S.I. 1991/1304

Modifications etc. (not altering text)

C7 S. 4: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

5 Servicemen. E+W+S

(1) Without prejudice to the generality of section 1 above, regulations made under that section may provide that where a person is a member of a police force immediately before—

(a) he undertakes compulsory national service;

(b) he undertakes any other service of a description specified in Schedule 1 to the M1 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951; or

(c) he attends for hourly instruction as defined in section 42 of that Act;

the period of that service or attendance and such further period, if any, as may be specified in the regulations may be treated, in such manner, to such extent and on such conditions as to contributions or otherwise as may be so specified, as a period of service as a member of a police force.

(2) A person who, before 5th July 1948, had ceased to be a member of a police force in order to undertake—

(a) any service by virtue of which he was at that date a person to whom section 1 of the M2 Police and Firemen (War Service) Act 1939 applied; or

(b) compulsory national service;

shall, in such circumstances and to such extent as may be provided by regulations made under section 1 above, be treated as if he had been still a member of a police force at that date.

(3) In this section, “compulsory national service” means service in any of the armed forces of the Crown undertaken by virtue of an enlistment notice or a training notice served under the National Service Acts 1939 to 1947 or under Part I of the M3 National Service Act 1948 (as the case may require), or work or training in pursuance of an order made or direction given under Part I of the said Act of 1948 as respects a conditionally registered conscientious objector.

Subordinate Legislation Made

P4 S. 5: for previous exercises of power see Index to Government Orders

S. 5: S. 1 ( with ss. 2, 3, 4, 5, 6, 7 ) : power exercised by S.I.1991/1304

Modifications etc. (not altering text)

C8 S. 5: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

M1 1951 c. 65.

M2 1939 c. 103.

M3 1948 c. 64.

6 Appeals. E+W+S

(1) Subject to the following provisions of this section, regulations made under section 1 above shall make provision as to the court or other person by whom appeals are to be heard and determined in the case of any person who is aggrieved—

(a) by the refusal of the police authority to admit a claim to receive as of right a pension, or a larger pension than that granted, under regulations made under that section; or

(b) by the forfeiture of any pension granted to him thereunder.

(2) No provision made in the regulations by virtue of subsection (1) above shall confer a right of appeal against anything done by the police authority in the exercise of any power which is conferred on them by the regulations and is expressly declared by the regulations to be a power which they are to exercise in their discretion.

(3) The regulations may provide, in relation to questions arising thereunder, for the reference of any such matter as is prescribed, either by the policy authority or by the court, to a medical practitioner whose decision thereon shall, subject to such rights of appeal as may be provided by the regulations to such tribunal as may be constituted thereunder, be final on the matter so referred.

Subordinate Legislation Made

P5 S. 6: for previous exercises of power see Index to Government Orders

S. 6: S. 1 ( with ss. 2, 3, 4, 5, 6, 7 ) : power exercised by S.I.1991/1304

Modifications etc. (not altering text)

C9 S. 6: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

7 Payment of pensions and contributions. E+W+S

(1) Regulations made under section 1 above shall specify the persons by and to whom and the funds into or out of which pensions and contributions in respect of pension rights are to be payable, may provide for the establishment or continuance of special funds for the purpose, and, subject to the provisions of subsection (2) below, may provide for payments of contributions or pensions, and [F3 such other payments and receipts as are mentioned in sections 1(2A) and 4(2) above, being paid] into the Consolidated Fund or out of moneys provided by Parliament.

(2) No regulations made by virtue of this section shall provide for payments into the Consolidated Fund or out of moneys provided by Parliament except in relation to a person who is or has been—

(a) such a person as is mentioned in section 1(1) of the M4 Police (Overseas Service) Act 1945;

[F4 (b) an officer engaged on service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980;

(ba) a person engaged on temporary service in accordance with arrangements made under [F5 section 26(2) of the Police Act 1996] or section 12A(2) of the Police (Scotland) Act 1967;

(bb) a person engaged on service in the Royal Ulster Constabulary, whose service is or was for the time being service in respect of which the provisions of [F6 section 97of the Police Act 1996] or, as the case may be, section 38A of the M5 Police (Scotland) Act 1967 have or had effect;]

(c) an inspector or assistant inspector of constabulary; or

[F7 (ca) the Director General of the National Criminal Intelligence Service;

(cb) the Director General of the National Crime Squad;

(cc) a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 (c. 50) by virtue of subsection (2)(a) of that section;

(cd) a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;]

[F8 (ce) a member of the staff of the Central Police Training and Development Authority who holds the rank of constable but is not engaged on service of the kind described in section 97(1)(cd) of the Police Act 1996 (c. 16) (temporary service);]

(d) a person engaged on central service;

or any other person whose salary or remuneration is or was wholly or partly payable out of moneys provided by Parliament or who is or may become entitled to or eligible for a pension so payable.

(3) For the purposes of subsection (2) above regulations shall not be treated as providing for payments out of moneys provided by Parliament by reason only that, as a result of the making of the regulations, an increased sum may be payable out of moneys provided by way of a grant towards the expenses of a police force.

[F9 (4) Where regulations are made under section 1 above by the Scottish Ministers by reason of a transfer of functions under the Scotland Act 1998, this section shall have effect with the following modifications:–

(a) in each of subsections (1) and (2), for “into the Consolidated Fund or out of money provided by Parliament” substitute “ into or out of the Scottish Consolidated Fund ”;

(b) in subsection (3), for “money provided by Parliament” substitute “ the Scottish Consolidated Fund ”.]

Subordinate Legislation Made

P6 s. 7: for previous exercises of power see Index to Government Orders

S. 7: S. 1 ( with ss. 2, 3, 4, 5, 6, 7 ) : power exercised by S.I. 1991/1304

Textual Amendments

F3 Words in s. 7(1) substituted (21.3.1997) by 1997 c. 52, s. 1(2)

F4 S. 7(2)(b)(ba)(bb) substituted for s. 7(2)(b) (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 44, 94(3)(c), Sch. 5 Pt. II para. 19; S.I. 1994/3262, art. 4, Sch. (with art. 5)

F5 Words in s. 7(2)(ba) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 29(2)

F6 Words in s. 7(2)(bb) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 29(3)

F7 S. 7(2)(ca)-(cd) inserted (1.4.2002) by 2001 c. 16, s. 126(1); S.I. 2002/344, art. 3 (with art. 4);

F8 S. 7(2)(ce) inserted (1.4.2002) by 2001 c. 16, s. 102, Sch. 4 para 6(2); S.I. 2002/533, art. 2

F9 S. 7(4) inserted (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(1), Sch. 5 para. 4 (with art. 7)

Modifications etc. (not altering text)

C10 S. 7: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

M4 1945 c. 17.

M5 1967 c. 28.

8 Consolidation of regulations. E+W+S

(1) Regulations made under section 1 above which revoke regulations previously so made, either wholly or as respects cases or matters of any description, shall contain provisions having the same effect as the provisions they revoke, except for any change (whether by way of alteration or omission) made in accordance with this Act.

(2) Subsection (4) of section 2 above shall effect as if the reference to subsections (2) and (3) of that section included a reference to subsection (1) above.

Modifications etc. (not altering text)

C11 S. 8: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

[F10 8A Information in connection with police pensions etc. E+W+S

(1) A police authority may in prescribed circumstances—

(a) provide information in connection with the questions specified in subsection (2) below to a prescribed person; and

(b) require that person to pay a reasonable fee in respect of any administrative expenses incurred in providing that information.

(2) The following are the questions mentioned in subsection (1) above—

(a) whether an individual who has opted or transferred out has suffered loss as a result of a contravention which is actionable under section 62 of the M6 Financial Services Act 1986 [F11 or section 150 of the Financial Services and Markets Act 2000](actions for damages in respect of contravention of rules etc. made under the Act), and

(b) if so, what payment would need to be made in respect of that individual to the police authority concerned to restore the position to what it would have been if that individual had not opted or transferred out.

(3) Where—

(a) an individual who has opted or transferred out becomes entitled to make contributions to a police authority in respect of police pension rights, or

(b) a payment is made to a police authority in respect of such an individual for the purpose mentioned in subsection (2)(b) above,

the police authority may require a prescribed person to pay a reasonable fee in respect of any administrative expenses incurred in connection with that entitlement or payment.

(4) For the purposes of this section, an individual shall be taken to have opted or transferred out if—

(a) for any period during which he is a member of a police force, he does not make contributions in respect of police pension rights but instead makes contributions to a personal pension scheme; or

(b) a transfer value is paid in respect of the individual by a police authority to a personal pension scheme.

(5) In this section—

• “personal pension scheme” has the meaning given by section 1 of the M7 Pension Schemes Act 1993;

• “police pension rights” means pensions rights under regulations made under section 1 above;

• “prescribed” means prescribed by regulations made under this section.

(6) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F10 S. 8A inserted (21.5.1997) by 1997 c. 52, ss. 2, 4(2)

F11 Words in s. 8A(2)(a) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 109

Modifications etc. (not altering text)

C12 S. 8A: Power to delegate functions conferred (20.7.1997) by S.I. 1997/1736, art. 2(1)

S. 8A: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

M6 1986 c. 60.

M7 1993 c. 48.

9 Assignment etc. of pension to be void. E+W+S

Every assignment of or charge on a pension granted under the regulations made under section 1 above, and every agreement to assign or charge such a pension shall, except so far as it is made for the benefit of a dependant of the pensioner, be void; and on the bankruptcy of the pensioner such a pension shall not pass to any trustee or other person acting on behalf of the creditors.

10 Obtaining pension by self-inflicted injury etc. E+W+S

If any person obtains or attempts to obtain for himself or any other person any pension under any regulations made under section 1 above by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, he shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years; or

(b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £25.

11 Interpretation. E+W+S

(1) This Act shall have effect as if any reference (however expressed) to membership of a police force or to service or employment in a police force included a reference to—

[F12 (a) service as an officer pursuant to an appointment under section 10 of the M8 Overseas Development and Co-operation Act 1980;

(aa) temporary service in accordance with arrangements made under [F13 section 26(2) of the Police Act 1996] or section 12A(2) of the Police (Scotland) Act 1967;

(ab) service in the Royal Ulster Constabulary in respect of which the provisions of [F14 section 97 of the Police Act 1996] or, as the case may be, section 38A of the Police (Scotland) Act 1967 have effect;]

(b) service as an inspector or assistant inspector of constabulary appointed on or after 1st August 1964; and

[F15 (ba) service as the Director General of the National Criminal Intelligence Service;

(bb) service as the Director General of the National Crime Squad;

(bc) service as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 by virtue of subsection (2)(a) of that section;

(bd) service as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;]

[F16 (be) service, by a person holding the rank of constable, as a member of the staff of the Central Police Training and Development Authority, other than service of the kind described in section 97(1)(cd) of the Police Act 1996 (temporary service);]

[F17 (c) central service in respect of which the provisions of section 97 of the Police Act 1996 or (as the case may be) of section 38A of the Police (Scotland) Act 1967 have effect.]

(2) In this Act “police authority” means any police authority within the meaning of [F18 the Police Act 1996] or the Police (Scotland) Act 1967, except that—

(a) in relation to any regulations made under the M9 Police (Overseas Service) Act 1945 and any service such as is mentioned in subsection (1)(a) above, it means the Secretary of State or the Minister of Overseas Development; F19 . . .

(b) in relation to any service such as is mentioned in subsection (1) [F20 (aa), (ab),] (b) or (c) above, it means [F21 , subject to paragraphs (c) to (e) below,] the Secretary of State.

[F22 [F23 (c) in relation to any such service as is mentioned in subsection (ba) or (bc) above or any service of the kind described in section 97(1)(ca) of the Police Act 1996 (c. 16) or section 38A(1)(ba) of the Police (Scotland) Act 1967 (c. 77), it means the Service Authority for the National Criminal Intelligence Service;

(d) in relation to any such service as is mentioned in subsection (bb) or (bd) above or any service of the kind described in section 97(1)(cb) of the Police Act 1996, it means the Service Authority for the National Crime Squad;]

[F24 (da) in relation to any such service as is mentioned in subsection (be) above or any service of the kind described in section 97(1)(cd) of the Police Act 1996, it means the Central Police Training and Development Authority;]

(e) in relation to service of the kind described in section 97(1)(cc) of the Police Act 1996 or section 38A(1)(bb) of the Police (Scotland) Act 1967, it means the Police Information Technology Organisation.]

(3) In this Act, except so far as the context otherwise requires, “police force” means any police force within the meaning of [F25 the Police Act 1996] or the Police (Scotland) Act 1967, and, in respect of—

(a) any person such as is mentioned in section 1(1) of the Police (Overseas Service) Act 1945; and

(b) any person engaged or employed in any service such as is mentioned in subsection (1)(a), [F26 (aa), (ab), [F27 (ba), (bb), (bc), (bd), [F28 (be),]]] (b) or (c) above;

any body in [F29 or with] which that person is serving.

(4) This Act shall have effect—

(a) as if commissioners and assistant commissioners of the metropolitan police force and commissioners of the City of London police force were members of those forces respectively; and

(b) in relation to any person who on 5th July 1948 was or had been the surgeon of the City of London police force or a clerk or other person employed in or in connection with that force, as if such surgeons, clerks or other persons employed in or in connection with that force were members of that force;

and references in this Act to membership of a police force shall be construed accordingly.

(5) Except so far as the context otherwise requires, in this Act—

• [F30 “central service”—

  (a)

  means relevant service within paragraph (b), (c) [F31 , (ca), (cb), (cc)] or (d) of section 97(1) of the Police Act 1996, or

  (b)

  has the meaning given in section 38(5) of the Police (Scotland) Act 1967 [F32 or means relevant service within paragraph (ba) or (bb) of section 38A(1) of the said Act of 1967],

  (as the case may require).]

• “injury” includes disease;

• “pension”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a lump sum or a gratuity so payable and a return of contributions; and

• “pension rights” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

Textual Amendments

F12 S. 11(1)(a)(aa)(ab) substituted for s. 11(1)(a) (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 44, 94(3)(c), Sch. 5 Pt. II para. 20(2); S.I. 1994/3262, art. 4, Sch. (with art. 5)

F13 Words in s. 11(1)(aa) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 30(2)(a)

F14 Words in s. 11(1)(ab) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 30(2)(b)

F15 S. 11(1)(ba)-(bd) inserted (1.4.2002) by 2001 c. 16, s. 126(2); S.I. 2002/344, art. 3 (with art. 4)

F16 S. 11(1)(be) inserted (1.4.2002) by 2001 c. 16, s. 102, Sch. 4 para. 6(3); S.I. 2002/533, art. 2

F17 S. 11(1)(c) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 30(2)(c)

F18 Words in s. 11(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 30(3)

F19 Word in s. 11(2) repealed (1.4.1998) by 1997 c. 50, s.134(1)(2), Sch. 9 para. 33(2)(a), Sch. 10; S.I. 1998/354, art. 2(2)(bb)

F20 Words in s. 11(2)(b) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 44, 94(3)(c), Sch. 5 Pt. II para. 20(3); S.I. 1994/3262, art. 4, Sch. (with art. 5)

F21 Words in s. 11(2)(b) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 33(2)(b); S.I. 1998/354, art. 2(2)(bb)

F22 S. 11(2)(c)-(e) added (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 33(2)(c); S.I. 1998/354, art. 2(2)(bb)

F23 S. 11(2)(c)(d) substituted (1.4.2002) by 2001 c. 16, ss. 102, Sch. 4 para. 6(4); S.I. 2002/533 art. 2

F24 S. 11(2)(da) inserted (1.4.2002) by 2001 c. 16, s. 102, Sch. 4 para. 6(4); S.I. 2002/533 art. 2

F25 Words in s. 11(3) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 30(4)

F26 Words in s. 11(3)(b) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 44, 94(3)(c), Sch. 5 Pt. II para. 20(4)(a); S.I. 1994/3262, art. 4, Sch. (with art. 5)

F27 Words in s. 11(3)(b) inserted (1.4.2002) by 2001 c. 16, s. 126(4); S.I. 2002/344, art. 3 (with art. 4)

F28 Words in s. 11(3)(b) inserted (1.4.2002) by 2001 c. 16, s. 102, Sch. 4 para. 6(5); S.I. 2002/533, art. 2

F29 Words in s. 11(3) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 44, 94(3)(c), Sch. 5 Pt. II para. 20(4)(b); S.I. 1994/3262, art. 4, Sch. (with art. 5)

F30 Definition of “central service” in s. 11(5) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 30(5)

F31 Words in definition of “central service” in s. 11(5) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 33(3)(a); S.I. 1998/354, art. 2(2)(bb)

F32 Words in definition of “central service” in s. 11(5) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 33(3)(b); S.I. 1998/354, art. 2(2)(bb)

Marginal Citations

M8 1980 c. 63

M9 1945 c. 17 (9 & 10 Geo. 6).

12 Savings and transitional provisions. E+W+S

(1) Nothing in any repeal made by this Act shall affect any regulations made or other thing done under any enactment repealed by this Act, and any such regulations or thing, if in force, existing or effective at the passing of this Act shall, subject to the provisions of this Act, remain in force, existence or effect, and be deemed to have been made or done under the corresponding provision of this Act.

(2) In so far as, by virtue of section 15(4) of the M10 Superannuation Act 1972, the provisions of sections 4(1) and (2) and 5(1) and (5) of the M11 Police Pensions Act 1948, as in force immediately before 25th March 1972, continued to apply, immediately before the passing of this Act, in relation to pensions granted under regulations made under section 1 of the said Act of 1948, those provisions shall be deemed to have effect as if they were provisions of regulations made under section 1 of this Act, and may be revoked accordingly.

(3) Any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed shall be construed as, or, as the case may require, as including, a reference to the corresponding enactment in this Act.

(4) Nothing in this section, in section 13 below or in Schedule 2 to this Act shall be taken as prejudicing the operation of [F33 sections 16(1) and 17(2)(a) of the M12 Interpretation Act 1978] (which relates to the effect of repeals).

Textual Amendments

F33 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C13 S. 12(2) modified by S.I. 1987/257, reg. K5(8)

Marginal Citations

M10 1972 c. 11.

M11 1948 c. 24.

M12 1978 c. 30.

13 Consequential amendments and repeals. E+W+S

(1) The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act.

(2) The enactments specified in Schedule 3 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that schedule.

Modifications etc. (not altering text)

C14 The text of s. 13(1)(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

14 Short title and extent. E+W+S

(1) This Act may be cited as the Police Pensions Act 1976.

(2) This Act shall not extend to Northern Ireland; but this subsection shall not be construed as preventing any regulations such as are referred to in section 4 above from requiring payments to be made to a person or into a fund in Northern Ireland.

SCHEDULES

Section 3(3).

SCHEDULE 1 E+W+S Pensions Under Repealed Enactments

Pensions excluded from the operation of regulations under this Act E+W+S

1 (1) Nothing in regulations made under section 1 of this Act shall— E+W+S

(a) affect any pension granted by virtue of section 4(3) of the M13 Police and Firemen (War Service) Act 1939, if the period (or last period, if more than one) which, by virtue of section 2(1) of that Act, is treated as a period of approved service in the case of the person in question, ended before 5th July 1948; or

(b) apply to any pension to or in respect of a person to whom the M14 National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 apply; or

(c) apply to any pension to any person who, having formerly been a member of a police force, was on 5th July 1948 serving in any capacity mentioned in section 10(1)(i) of the M15 Police Pensions Act 1921, and has not since and does not after the passing of this Act again become a member of a police force.

(2) Except so far as relates to the forfeiture of any such pension as is mentioned in sub-paragraph (1) above, nothing in this Act shall be taken as affecting the application in relation to any such pension of the pensions enactments applicable thereto immediately before the passing of this Act.

Marginal Citations

M13 1939 c. 103.

M14 S.I. 1941/1271.

M15 1921 c. 31.

Forfeiture of pensions under repealed enactments E+W+S

2 (1) Every pension (whether described as a pension or as an allowance) granted under any of the enactments specified in paragraph 3(1) below (which reproduces so far as relevant Part I of Schedule 1 to the M16 Police Pensions Act 1948) shall be deemed to have been granted only upon condition that it may be forfeited by the police authority in any of the cases mentioned in sub-paragraph (2) below. E+W+S

(2) The cases referred to in sub-paragraph (1) above are any of the following, that is to say, if the grantee—

(a) is convicted of any offence and is sentenced to preventive detention or corrective training or to imprisonment for a term exceeding twelve months; or

(b) enters into or continues to carry on any business, occupation or employment which is illegal, or in which the grantee has made use of the fact of former employment in a police force in a manner which is discreditable or improper; or

(c) supplies to any person or publishes in a manner which is discreditable or improper any information which the grantee had obtained in the course of employment in a police force; or

(d) solicits or, without the consent of the police authority, accepts directly or indirectly any testimonial or gift having any pecuniary value on retirement from the police force or otherwise in connnection with his service in a police force; or

(e) enters into or continues in any business, occupation or employment as a private detective, after the police authority have given him notice in writing requiring him on any reasonable grounds not to do so.

(3) A pension shall not be forfeited under sub-paragraph (2)(b) above unless reasonable warning has previously been given in writing by the police authority.

(4) A forfeiture under this paragraph may affect the pension wholly or in part, and may be permanent or temporary as the police authority may determine.

(5) Without prejudice to the validity of any forfeiture before the passing of this Act, a pension to which this paragraph applies shall not be capable of being forfeited otherwise than in accordance with the provisions of this paragraph.

(6) This paragraph shall apply in relation to the rules and regulations specified in sub-paragraph (2) of paragraph 3 below (which reproduces so far as relevant Part II of Schedule 1 to the M17 Police Pensions Act 1948) as it applies in relation to the enactments specified in sub-paragraph (1) of that paragraph, subject, however, to any necessary adaptations.

Marginal Citations

M16 1948 c. 24.

M17 1948 c. 24

3 (1) The enactments referred to in paragraph 2(1) above are— E+W+S

The M18 Metropolitan Police Act 1829;

The M19 County and Borough Police Act 1859;

The M20 Police Superannuation Act 1865;

The M21 Police (Pensions) Act 1918;

The M22 Police Pensions Act 1921;

The M23 Police and Firemen (War Service) Act 1939;

The M24 Police (Overseas Service) Act 1945;

The M25 Police Act 1946;

The M26 Police (Scotland) Act 1946.

(2) The rules and regulations referred to in paragraph 2(6) above are—

The Women’s Auxiliary Police Corps Rules 1945;

The Women’s Auxiliary Police Corps (Scotland) Rules 1945;

The Police (Overseas Service) (Germany) Regulations 1947;

The Police (Overseas Service) (Austria) Regulations 1947;

The Police (Overseas Service) (Greece) Regulations 1948.

Marginal Citations

M18 1829 c. 44.

M19 1859 c. 32.

M20 1865 c. 35.

M21 1918 c. 51.

M22 1921 c. 31.

M23 1939 c. 103.

M24 1945 c. 17 (9 & 10 Geo. 6).

M25 1946 c. 46.

M26 1946 c. 71.

4 (1) If any person is aggrieved by the forfeiture under paragraph 2 above of any pension granted to him under any of the enactments specified in paragraph 3(1) above, he may appeal to the Crown Court and that Court, after enquiring into the case, may make such order in the matter as appears to the Court to be just. E+W+S

(2) In the application of sub-paragraph (1) above to Scotland, for the reference therein to the Crown Court there shall be substituted a reference to the sheriff having jurisdiction in the place where the person concerned last served as a member of a police force.

Section 13(1).

SCHEDULE 2 E+W+S Consequential Amendments

Modifications etc. (not altering text)

C15 The text of Sch. 2 paras. 2–6 and 8–11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[F34 1 E+W+S The reference in section 2(1) of the M27 Police (Overseas Service) Act 1945 to a pension, allowance or gratuity becoming payable to a person out of moneys provided by Parliament by virtue of regulations made under that Act shall be construed as including a reference to a pension (as defined for the purposes of this Act) payable by virtue of regulations made under this Act, being a pension which becomes payable in such circumstances as may be specified for the purposes of this paragraph by the last mentioned regulations.]

Textual Amendments

F34 Sch. 2 para. 1 repealed (1.4.1995 so far as extending to Scotland and otherwiseprosp.) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1995/492, art. 2, Sch. 1

Marginal Citations

M27 1945 c. 17 (9 & 10 Geo. 6)

2 E+W+S In section 63 of the M28 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, for the words from “Police Pensions Act 1948” to “of this Act” there shall be substituted the words “Police Pensions Act 1976”.

Marginal Citations

M28 1951 c. 65.

3 E+W+S In section 1 of the M29 Police Pensions Act 1961—

(a) in subsection (2), for the words “the said section one” in the first place where they occur there shall be substituted the words “section one of the Police Pensions Act 1976” and

(b) in subsection (3), for the words from the beginning to “principal” in the second place where it occurs there shall be substituted the words “Subsection (4) of section 2 of the said Act of 1976 (which provides for regulations not to be invalid by reason only of their failure to secure the results specified in subsections (2) and (3) of that section but requires their amendment to secure those results) shall have effect as if the reference to the said subsections (2) and (3) included a reference to subsection (2) of this section and as if the references to regulations or amending regulations under section one of that”.

Marginal Citations

M29 1961 c. 35.

4 E+W+S In section 2 of the Police Pensions Act 1961—

(a) in subsection (1), the words from “and this” to the end shall be omitted; and

(b) in subsection (2), the words from the beginning to “in Northern Ireland” shall be omitted.

F35 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Sch. 2 para. 5 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

6 E+W+S In the M30 Police (Scotland) Act 1967—

(a) for the words “Police Pensions Act 1948”[F36 in section 38(1); and

(b) for those words] in both places where they occur in subsection (4) of section 23 (as substituted by section 146(8) of the M31 Local Government (Scotland) Act 1973) ; there shall be substituted the words “Police Pensions Act 1976”.

Textual Amendments

F36 Words in Sch. 2 para. 6 repealed (1.4.1995 so far as extending to Scotland and otherwiseprosp.) by virtue of 1994 c. 29, ss. 93, 94(3)(c), Sch. 9 Pt. I; S.I. 1995/492, art. 2, Sch. 1

Marginal Citations

M30 1967 c. 77.

M31 1973 c. 65.

7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

F37 Sch. 2 para.7 repealed by Police Negotiating Board Act 1980 (c. 10, SIF 95), s. 3(3)(c)

8 E+W+S In Schedule 2 to the M32 Pensions (Increase) Act 1971—

(a) in paragraph 15, for the words “Police Pensions Act 1948” there shall be substituted the words “Police Pensions Act 1976”; and

(b) in paragraph 43, for the words from the beginning of subparagraph (a) to “that Act” there shall be substituted the words “the Police Pensions Act 1976, or any enactment repealed by the Police Pensions Act 1948”.

Marginal Citations

M32 1971 c. 56.

F38 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Para. 9 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4, Pt.I

10 E+W+S In section 24(1)(a) of the M33 Superannuation Act 1972, for the words “Police Pensions Act 1948” there shall be substituted the words “Police Pensions Act 1976”.

Marginal Citations

M33 1972 c. 11.

F39 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Sch. 2 para. 11 repealed (7.2.1994) by 1993 c. 48, ss. 164, 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

Section 13(2).

SCHEDULE 3 E+W+S ENACTMENTS REPEALED

Modifications etc. (not altering text)

C16 The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short title	Extent of repeal
11 & 12 Geo. 6. c. 24.	The Police Pensions Act 1948.	The whole Act.
11 & 12 Geo. 6. c. 58.	The Criminal Justice Act 1948.	In Schedule 9, the entry relating to the Police Pensions Act 1948.
12,13 & 14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	In Schedule 11, the entry relating to the Police Pensions Act 1948.
14 & 15 Geo. 6. c. 65.	The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.	Section 43.
		In section 44(1), the words from “and any regulations” to “police force”.
6 & 7 Eliz. 2. c. 14.	The Overseas Service Act 1958.	Section 5(3).
		Schedule 2.
9 & 10 Eliz. 2. c. 35.	The Police Pensions Act 1961.	Section 1(1) and (4).
		In section 2, in subsection (1) the words from “and this” to the end, and in subsection (2) the words from the beginning to “in Northern Ireland”.
1964 c. 48.	The Police Act 1964.	Section 40.
		Section 43(4).
		Schedule 6.
		In Schedule 9, the entries relating to the Police Pensions Act 1948.
1967 c. 28.	The Superannuation (Miscellaneous Provisions) Act 1967.	Section 11(7).
1967 c. 77.	The Police (Scotland) Act 1967.	Section 35.
		Section 38(4).
		In Schedule 4, the entry relating to the Police Pensions Act 1948.
1969 c. 63.	The Police Act 1969.	In section 4(5), the words preceding paragraph (a).
1972 c. 11.	The Superannuation Act 1972.	In section 15, subsections (1) to (4) and in subsection (5), paragraph (a).
		In Schedule 6, paragraph 23.