The Police Pensions (Amendment) Regulations 2009

SCHEDULE 1

PART 1 Amendments of the Police Pensions Regulations 1987

1.  The Police Pensions Regulations 1987 are amended as follows.

2.—(1) Regulation A6 (meaning of certain expressions in relation to persons who are not members of a home police force) is amended as follows.

(2) After paragraph (5C) insert—

“(5D) For the purposes of these Regulations, an employed constable of NPIA shall be deemed to be a member of a home police force, except where the context otherwise requires.

(5E) In relation to an employed constable of NPIA—

(a) a reference in these Regulations to a force shall be construed as a reference to NPIA;

(b) a reference in these Regulations to a police authority shall be construed as a reference to NPIA.

(5F) For the purposes of regulation A4(3) to (6), an employed constable of NPIA shall be deemed to hold the rank of a member of a home police force (other than the metropolitan police force) which he is treated by the NPIA as holding for the purposes of his employment.”.

3.—(1) Regulation A12 (disablement) is amended as follows.

(2) In paragraph (2) at the start insert “Subject to paragraph (2A),”.

(3) After paragraph (2) insert—

“(2A) In the application of paragraph (2) to a specified employee of SOCA or to an employed constable of NPIA, the reference to “the ordinary duties of a member of the force” shall be construed as a reference to the ordinary duties of a member of the home police force in which the person last served before becoming a specified employee of SOCA or an employed constable of NPIA, as the case may be.”.

4.—(1) Regulation A16 (transfers) is amended as follows.

(2) In paragraph (e) omit “or”.

(3) At the end insert—

“(g) leaving a home police force for the purpose of joining NPIA as an employed constable of NPIA and joining NPIA in that capacity, where—

(i) not being the chief officer of police of, or a constable on probation in, that force, he leaves that force after giving a month’s notice in writing of his intention to do so to the police authority, or such shorter period of notice as may have been accepted by the police authority; or

(ii) being the chief officer of police of, or a constable on probation in, that force, he leaves that force with the consent of the chief officer of police or, in the case of the chief officer of police, of the police authority of that force; or

(h) being an employed constable of NPIA, leaving NPIA for the purpose of joining a home police force as a regular policeman and joining that force in that capacity, where the employed constable leaves NPIA after giving notice of such period as required by the contract of employment of an intention to do so or after giving such shorter period of notice as may be agreed between the employed constable of NPIA and NPIA.”.

5.—(1) Regulation A17 (retirement) is amended as follows.

(2) After paragraph (1)(aa) insert—

“(ab) to the contract under which an employed constable of NPIA is employed by NPIA being terminated;”.

(3) After paragraph (1)(f) insert—

“(g) on becoming an employed constable of NPIA”.

6.  In regulation A18(4) (compulsory retirement on account of age) at the end insert “or to an employed constable of NPIA”.

7.  In regulation A19(1) (compulsory retirement on grounds of efficiency of the force) for “or specified employee of SOCA” substitute “, specified employee of SOCA or employed constable of NPIA”.

8.—(1) Regulation B1 (policeman’s ordinary pension) is amended as follows.

(2) In paragraph (1), after “(2),” insert “(3A),”.

(3) In paragraph (3), omit subparagraphs (ca) and (cb).

(4) After paragraph (3) insert—

“(3A) This regulation shall not apply to—

(a) a specified employee of SOCA who retires or retired without giving to SOCA notice of such period as required by the contract of employment of an intention to retire or such shorter period of notice as agreed between the specified employee of SOCA and SOCA;

(b) an employed constable of NPIA who retires or retired without giving to NPIA notice of such period as required by the contract of employment of an intention to retire or such shorter period of notice as agreed between the employed constable of NPIA and NPIA;

unless SOCA or NPIA (as the case may be) have decided that this Regulation should apply or the contract of employment is or was terminated.”.

(5) In paragraph (6)(b), for “(3)(ca)” substitute “(3A)(a) or (b)”.

9.—(1) Regulation B2A (short service award on voluntary retirement) is amended as follows.

(2) In paragraph (2) omit “or (5)” and insert “, (5) or (6)”.

(3) After paragraph (5) insert—

“(6) An employed constable of NPIA who wishes to retire voluntarily must give to NPIA notice of such period as required by the contract of employment of an intention to retire or such shorter period of notice as may be agreed between the employed constable of NPIA and NPIA.”.

10.  In regulation E8(2A)(b) (increase of widow’s pension or child’s allowance during first 13 weeks) after “SOCA” insert “or an employed constable of NPIA”.

11.  In regulation G1(1) (pensionable and average pensionable pay) after “SOCA” insert “or an employed constable of NPIA”.

12.  In regulation K1(1)(d) (cancellation of ill-health pensions) after “SOCA” insert “or an employed constable of NPIA”.

13.—(1) Regulation K4 (withdrawal of pension during service as a regular policeman) is amended as follows.

(2) In paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”.

(3) After paragraph (2) insert—

“(3) This regulation shall not apply in relation to any period during which a pensioner is serving as an employed constable of NPIA, where that period of service commenced on or before 31st August 2009.”.

14.—(1) Schedule A (glossary of expressions) is amended as follows.

(2) The following definitions are inserted in the appropriate places—

““an employed constable of NPIA” means a member of staff of NPIA who is a constable and an employee of NPIA;”

““NPIA” means the National Policing Improvement Agency;”.

(3) In the definition of “maternity leave” at the end insert “and in relation to an employed constable of NPIA it means any period of maternity leave taken whilst employed by NPIA”.

(4) In the inclusive definition of “member of a police force”—

(a) in paragraph (e) omit “and”; and

(b) at the end insert—

“and

(g)

an employed constable of NPIA;”.

(5) In the definition of “parental leave” at the end insert “and in relation to an employed constable of NPIA it means any period of parental leave taken whilst employed by NPIA”.

(6) In the definition of “part-time service” at the end insert “or as an employed constable of NPIA”.

(7) In the definition of “regular policeman”—

(a) in paragraph (d) omit “and”; and

(b) at the end insert—

“and

(f)

an employed constable of NPIA;”.

(8) In the definition of “sick leave” at the end insert “and in relation to an employed constable of NPIA it means any period of sick leave taken whilst employed by NPIA”.

PART 2 Amendments of the Police (Injury Benefit) Regulations 2006

15.  The Police (Injury Benefit) Regulations 2006 are amended as follows.

16.  After regulation 3(4) (meaning of certain expressions in relation to persons who are not members of a home police force) insert—

“(5) For the purposes of these Regulations an employed constable of NPIA shall be deemed to be a member of a home police force, except where the context otherwise requires.

(6) In relation to an employed constable of NPIA—

(a) a reference in these Regulations to a force shall be construed as a reference to NPIA;

(b) a reference in these Regulations to a police authority shall be construed as a reference to NPIA.”.

17.  After regulation 6(3B) (injury received in the execution of duty) insert—

“(3C) In the case of a person who is an employed constable of NPIA, paragraph (2)(a) shall have effect as if references to duty and being on duty were references to acting within the scope of the person’s employment.”.

18.—(1) Regulation 39 (withdrawal of pension during service as a regular police officer) is amended as follows.

(2) In paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”.

(3) After paragraph (2) insert—

“(3) This regulation shall not apply in relation to any period during which a pensioner is serving as an employed constable of NPIA, where that period of service commenced on or before 31st August 2009.”.

19.—(1) Schedule 1 (glossary of expressions) is amended as follows.

(2) The following definitions are inserted in the appropriate places—

““employed constable of NPIA” means a member of staff of NPIA who is a constable and an employee of NPIA;”

““NPIA” means the National Policing Improvement Agency;”.

(3) In the inclusive definition of “member of a police force”—

(a) in paragraph (c) omit “and”;

(b) at the end insert—

“and

(e)

an employed constable of NPIA;”.

(4) In the definition of “regular police officer” or “regular policeman”—

(a) in paragraph (c) omit “and”;

(b) at the end insert—

“and

(e)

an employed constable of NPIA;”.

PART 3 Amendments of the Police Pensions Regulations 2006

20.  The Police Pensions Regulations 2006 are amended as follows.

21.—(1) Regulation 3 (meaning of certain expressions in relation to persons who are not members of a home police force) is amended as follows.

(2) In paragraph (1)—

(a) after “Regulations,” insert “unless the context otherwise requires,”;

(b) after “SOCA” insert “, an employed constable of NPIA”.

(3) After paragraph (3) insert—

“(4) In relation to an employed constable of NPIA—

(a) any reference in these Regulations to the police authority shall be construed as a reference to NPIA;

(b) any reference in these Regulations to a force shall be construed as a reference to NPIA.”.

22.—(1) Regulation 4 (disablement) is amended as follows.

(2) In paragraph (3), for “paragraph (4)” substitute “paragraphs (3A) and (4)”.

(3) After paragraph (3) insert—

“(3A) In the application of paragraph (3) to a specified employee of SOCA or to an employed constable of NPIA, the reference to “the ordinary duties of a member of the police force” shall be construed as a reference to the ordinary duties of a member of the home police force in which the person last served before becoming a specified employee of SOCA or an employed constable of NPIA, as the case may be.”.

23.—(1) In regulation 5 (transfers), at the end insert—

“or

(d) leaving a home police force for the purpose of joining NPIA as an employed constable of NPIA and joining NPIA in that capacity, where—

(i) not being the chief officer of police of, or a constable on probation in, that force, he leaves that force after giving a month’s notice in writing of his intention to do so to the police authority, or such shorter period of notice as may have been accepted by the police authority; or

(ii) being the chief officer of police of, or a constable on probation in, that force, he leaves that force with the written consent of the chief officer of police or, in the case of the chief officer of police, of the police authority of that force; or

(e) being an employed constable of NPIA, leaving NPIA for the purpose of joining a home police force as a regular police officer and joining that force in that capacity, where the employed constable leaves NPIA after giving notice of such period as required by the contract of employment of an intention to do so or after giving such shorter period of notice as may be agreed between the employed constable of NPIA and NPIA.”.

24.—(1) Regulation 17 (retirement) is amended as follows.

(2) In paragraph (d) omit “or”.

(3) At the end of paragraph (e) insert—

“or

(f) leaving a force on joining NPIA as an employed constable of NPIA.”.

25.—(1) Regulation 18 (voluntary retirement) is amended as follows.

(2) In paragraph (2) for “paragraph (2A)” substitute “paragraphs (2A) and (2B)”.

(3) After paragraph (2A) insert—

“(2B) An employed constable of NPIA who intends to retire under this regulation shall give NPIA notice of such period as required by the contract of employment of that intention or shall give such shorter period of notice as may be agreed between the employed constable of NPIA and NPIA.”.

(4) In paragraph (5) after “SOCA” insert “or an employed constable of NPIA”.

26.  In regulation 19(4) (compulsory retirement on account of age) at the end insert “or an employed constable of NPIA”.

27.  In regulation 20(3) (compulsory retirement on grounds of efficiency of the force) at the end insert “or an employed constable of NPIA”.

28.  In regulation 23 (pensionable pay) after “SOCA” insert “or an employed constable of NPIA”.

29.  In regulation 51(14) (review and cancellation of pensions payable on the ground of permanent disablement) after “SOCA” insert “and an employed constable of NPIA”.

30.—(1) Regulation 52 (withdrawal of pension during service as a regular police officer) is amended as follows.

(2) In paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”.

(3) After paragraph (2) insert—

“(3) This regulation shall not apply in relation to any period during which a pensioner is serving as an employed constable of NPIA, where that period of service commenced on or before 31st August 2009.”.

31.—(1) Schedule 1 (glossary of expressions) is amended as follows.

(2) The following definitions are inserted in the appropriate places—

““an employed constable of NPIA” means a member of staff of NPIA who is a constable and an employee of NPIA;”

““NPIA” means the National Policing Improvement Agency;”.

(3) In the definition of “maternity leave” at the end insert “and in relation to an employed constable of NPIA it means any period of maternity leave taken whilst employed by NPIA”.

(4) In the definition of “parental leave” at the end insert “and in relation to an employed constable of NPIA it means any period of parental leave taken whilst employed by NPIA”.

(5) In the definition of “part-time service” at the end insert “or as an employed constable of NPIA”.

(6) In the definition of “regular police officer” after “SOCA” insert “, an employed constable of NPIA”.

(7) In the definition of “sick leave” at the end insert “and in relation to an employed constable of NPIA it means any period of sick leave taken whilst employed by NPIA”.

PART 4 Amendments of the Police Pension Fund Regulations 2007

32.  The Police Pension Fund Regulations 2007 are amended as follows.

33.—(1) Regulation 2 (interpretation) is amended as follows.

(2) The following definitions are inserted in the appropriate places—

““an employed constable of NPIA” means a member of staff of NPIA who is a constable and an employee of NPIA;”

““NPIA” means the National Policing Improvement Agency;”.

(3) In the definition of “police authority” at the end insert “and, in relation to an employed constable of NPIA, it means NPIA”.

(4) For the definition of “regular police officer” substitute—

““regular police officer” means a member of a police force, the commissioner of police for the City of London, an inspector of constabulary, a police officer engaged on relevant service, a specified employee of SOCA and an employed constable of NPIA;”.

34.  In regulation 12A (application of regulations to SOCA), at the end insert—

“(4) Regulation 10 shall have effect as if after paragraph (3) there were inserted—

“(3A) Where the Secretary of State requires accounts relating to the police pension fund to be audited, they shall be audited by the Comptroller and Auditor General.””.

35.  After regulation 12A insert—

“12B.— (1) In the application of these Regulations to NPIA as police authority in relation to an employed constable of NPIA, these Regulations shall have effect subject to the following modifications.

(2) References to the police fund shall be construed as references to the account established and maintained by NPIA and known as the income and expenditure account.

(3) Regulations 3(4) and 5(7) to (9) shall not apply.

(4) The reference in regulation 5(1) to 24.2% shall be read as a reference to 25.5%.

(5) Regulation 10 shall have effect as if after paragraph (3) there were inserted—

“(3A) Where the Secretary of State requires accounts relating to the police pension fund to be audited, they shall be audited by the Comptroller and Auditor General.””.