Regulation 71 Referral of medical questions for purpose of regulation 72I1

Scotland

(1)

Before considering whether a person in service as a member of the police force (“the member”) should be compulsorily retired under regulation 72, the employer must refer the following questions to a selected medical practitioner for decision—

(a)

whether the member is medically unfit for performing the ordinary duties of a member of the police force;

(b)

whether that medical unfitness is likely to be permanent;

(c)

whether the member is medically unfit for engaging in any regular employment; and

(d)

whether that medical unfitness is likely to be permanent.

(2)

The selected medical practitioner must—

(a)

examine or interview the member as the selected medical practitioner thinks appropriate;

(b)

decide the questions referred to the selected medical practitioner under paragraph (1); and

(c)

give the employer and the member a report containing a decision on those questions.

C1(3)

That report is final, subject to—

(a)

an appeal under Schedule 1 against the decision of the selected medical practitioner; or

(b)

the referral under Schedule 1 of the decision of the selected medical practitioner for reconsideration.

Annotations

Modifications

C1: Reg. 71(3) applied (1.10.2023) by The Police Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/239), regs. 1(2), 51(4)

Commencement

I1: Reg. 71 in force at 1.4.2015, see reg. 1