OpenLegislation

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