Regulation 6 Amendments to Regulations

(1)

The Police Pensions Regulations 2006^f1 are further amended as follows.

(2)

In regulation 3 (meaning of certain expressions in relation to persons who are not members of a home police force)—

(a)

in paragraph (2), for “police authority” substitute “police pension authority or pension supervising authority”;

(b)

in paragraph (3)(a), for “police authority” substitute “police pension authority or pension supervising authority”;

(c)

in paragraph (4)(a), for “police authority” substitute “police pension authority or pension supervising authority”;

(3)

In regulation 5 (transfers)—

(a)

in sub-paragraph (a)(ii), for “police authority of” substitute “pension supervising authority for”;

(b)

in sub-paragraph (d)(ii), for “police authority of” substitute “pension supervising authority for”.

(4)

After regulation 5 insert—

“Chief officers of home police forces in England and Wales (other than the City of London police force)

5A.

(1)
This regulation applies to any provision of these regulations which confers a power on a police pension authority which is to be exercised in the authority’s discretion, or which requires the authority to make a determination, form an opinion or otherwise make a decision.

(2)
In its application to a regular policeman who is—

(a)
chief constable of a police force maintained under section 2 of the Police Act 1996; or

(b)
the Commissioner of Police of the Metropolis,

a provision to which this regulation applies shall have effect as if it conferred the power in question on the pension supervising authority rather than the police pension authority, and any reference to the police pension authority shall be construed accordingly.”.

(5)

For regulation 19(3) (compulsory retirement on account of age) substitute—

“(3)
The time at which, under paragraph (2), a person shall be required to retire may be postponed—

(a)
if the person concerned holds the rank of chief constable or Commissioner of Police of the Metropolis, by the pension supervising authority;

(b)
if the person concerned holds any other rank in a police force maintained under section 2 of the Police Act 1996 or the metropolitan police force, or a rank above that of superintendent in the City of London police force, by the police pension authority; and

(c)
if the person holds the rank of superintendent or any lower rank in the City of London police force, by the Commissioner of Police for the City of London.”.

(6)

In regulation 55 (forfeiture of pension)—

(a)

in paragraph (2), for “A police authority responsible for payment of” substitute “The pension supervising authority in respect of”;

(b)

in paragraph (4), for “A police authority responsible for payment to a regular police officer of” substitute “The pension supervising authority in respect of”; and

(c)

in paragraph (5), for “police authority” substitute “pension supervising authority”.

(7)

In regulation 66 (appeal by a member of a home police force), in paragraph (d), for “police authority” substitute “pension supervising authority”.

(8)

In regulation 67 (appeal by inspector of constabulary or officer engaged on relevant service), in paragraph (2)(d), for “police authority” substitute “pension supervising authority”.

(9)

In Schedule 1 (glossary of expressions)—

(a)

after the definition of “pension sharing order” insert—

““pension supervising authority” has the meaning given to it by section 11(2) and (2A) of the Police Pensions Act 1976;”;

(b)

omit the definition of “police authority”;

(c)

after the definition of “police fund” insert—

““police pension authority” has the meaning given to it by section 11(2) and (2A) of the Police Pensions Act 1976;”.

Annotations

Footnotes

f1: S.I. 2006/3415, as amended by S.I. 2007/1932, S.I. 2008/1887, S.I. 2009/2060 and S.I. 2010/431.