Regulation 79 Referral of medical questions for purpose of regulation 80

(1)

Before considering whether a person in service as a member of the police service who falls within regulation 4(1)(a) (“the member”) should be compulsorily retired under this Part, the police pension authority 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 service;

(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 police pension authority and the member a report and certificate containing a decision on those questions.

(3)

Before considering whether a person in service as a member of the police service who falls within regulation 4(1)(b) or (c) (“the member”) should be compulsorily retired under this Part, the Chief Constable 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 service;

(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.

(4)

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 Chief Constable and the member a report and certificate containing a decision on those questions.

F1(5)

That report is final, subject to—

(a)

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

(b)

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

Annotations

Textual amendments

F1: Reg. 79(5) inserted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 14