(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 [F1such 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 M1Police (Overseas Service) Act 1945;
[F2(b)an officer engaged on service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980 [F3or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002];
(ba)a person engaged on temporary service in accordance with arrangements made under [F4section 26(2) of the Police Act 1996] or [F5engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom] ;
(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 ] F7... have or had effect; ]
(c)an inspector or assistant inspector of constabulary; or
F8(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(ce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(cf). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(cg)a member of staff of the [F12Disclosure and Barring Service] who holds the office of constable;]
[F13(cfa)a constable of the Police Service of Scotland engaged on any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—
(i)service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;
(ii)service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;
(iii)service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002;
(iv)service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002;
(v)service as a member of staff of SOCA; or
(vi)service in the Police Service of Northern Ireland;
(cfb)a person (other than a constable of the Police Service of Scotland) who—
(i)is serving as member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012; and
(ii)immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above]
F14(ch). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(ci). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(cj). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(ck). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(ch)the Chief Inspector of the UK Border Agency;]
(d)a person engaged on central service;
[F17(da)a National Crime Agency officer whose service as such is eligible service;]
[F18(e)a person serving as a senior NCA officer;
[F19(f)a person to whom section 100A of the Police Act 1996 applies (senior police officer appointed as member of staff of College of Policing);]
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.
[F20(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
P1s. 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
F1Words in s. 7(1) substituted (21.3.1997) by 1997 c. 52, s. 1(2)
F2S. 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)
F3Words in s. 7(2)(b) inserted (17.6.2002) by 2002 c. 1, s. 19, Sch. 3 para. 6(1) (with Sch. 5 para. 5); S.I. 2002/1408, art. 2
F4Words in s. 7(2)(ba) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 29(2)
F5Words in s. 7(2)(ba) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 12(2)(a) (with Sch. 3 para. 10(6))
F6Words in s. 7(2)(bb) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 29(3)
F7Words in s. 7(2)(bb) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 12(2)(b) (with Sch. 3 para. 10(6))
F8S. 7(2)(ca)-(cd) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 25(a)(i) (with Sch. 8 para. 10(2)); S.I. 2013/1682, art. 3(v)
F9S. 7(2)(e) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F10S. 7(2)(cf) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 25(a)(ii) (with Sch. 8 para. 10(2)); S.I. 2013/1682, art. 3(v)
F11S. 7(2)(cg) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 11(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.
F12Words in s. 7(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(2)(a) (with Pt. 4)
F13S. 7(2)(cfa)(cfb) substituted for s. 7(2)(cg)(1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 12(2)(c) (with Sch. 3 para. 10(6))
F14S. 7(2)(ch)(ci) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 12(2)(d) (with Sch. 3 para. 10(6))
F15S. 7(2)(cj)(ck) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 12(2)(d) (with Sch. 3 para. 10(6))
F16S. 7(2)(ch) inserted (E.W.) (15.4.2010) by Police Pensions (Descriptions of Service) Order 2010 (S.I. 2010/899), arts. 1(2), 2(2)
F17S. 7(2)(da) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 25(b) (with Sch. 8 para. 10(2)); S.I. 2013/1682, art. 3(v)
F18S. 7(2)(e)(f) inserted (E.W.) (21.12.2012) by The Police (Descriptions of Service) Order 2012 (S.I. 2012/2954), arts. 1(2), 2(2)
F19S. 7(2)(f) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 84 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(c)
F20S. 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)
C1S. 7: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
Marginal Citations