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Regulation 65 Permanent medical unfitnessI1

Scotland

(1)

In these Regulations, a reference to a member of the police force or a former member of the police force (“the member”) being permanently medically unfit is taken to be a reference to—

(a)

the member being medically unfit at the time the selected medical practitioner decides the question; and

(b)

that medical unfitness being at that time likely to be permanent.

C1(2)

For the purpose of deciding whether or not the member’s medical unfitness is likely to be permanent, the member is taken to receive normal appropriate medical treatment.

(3)

In this regulation, “appropriate medical treatment” does not include medical treatment that the employer decides is reasonable for the member to refuse.

(4)

The member may appeal under regulation 197 (appeals to sheriff) or 198 (appeals to tribunal) against a decision of the employer as to whether a refusal to accept medical treatment is reasonable.

Annotations

Modifications

C1

Reg. 65(2)-(4) applied (1.10.2023) by The Police Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/239), regs. 1(2), 51(5)(b)(i)

Commencement

I1

Reg. 65 in force at 1.4.2015, see reg. 1