OpenLegislation

The Special Constables (Injury Benefit) Regulations 1987

S.I. 1987/159 · Made 6 February 1987

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

POLICE

Made 6th February 1987

Laid before Parliament 17th February 1987

Coming into force 17th March 1987

In exercise of the powers conferred on me by section 34 of the Police Act 1964f1 (read with section 1(2) of the Police Pensions Act 1961f2), as amended and extended by sections 12 and 15 of the Superannuation Act 1972f3, I hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1964 c. 48.

f2

1961 c. 35.

f3

1972 c. 11.

Contents

  1. 1Citation
  2. 2Commencement
  3. 3Interpretation
  4. 4Injury Benefit
  5. Signature
  6. Explanatory note

1Citation

These Regulations may be cited as the Special Constables (Injury Benefit) Regulations 1987.

2Commencement

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

3Interpretation

(1)

Subject to the following provisions of these Regulations, these Regulations shall be construed as one with the Special Constables (Pensions) Regulations 1973f1 (hereinafter referred to as “the principal Regulations”).

(2)

Notwithstanding Regulation 3(3) of the principal Regulations, in these Regulations “totally disabled” means incapable by reason of the disablement in question of earning any money in any employment and “total disablement” shall be construed accordingly.

(3)

In the case of a person who is totally disabled, Regulation 13(1) of the Police Pensions Regulations 1973f2, as applied by Regulation 3(2) of the principal Regulations, shall have effect, for the purposes of these Regulations, as if the reference to “that disablement being … likely to be permanent” were a reference to the total disablement of that person being likely to be permanent.

4Injury Benefit

The Police (Injury Benefit) Regulations 1987f1 shall apply, subject to the necessary modifications, in relation to:

(a)

a person who—

(i)

receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and

(ii)

on or after that date ceases or has ceased to hold office as a special constable; and

(iii)

on or after that date and within 12 months of so receiving that injury, becomes or became totally and permanently disabled as a result thereof; and

(b)

a special constable who—

(i)

receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and

(ii)

was holding office as such on or after that date; and

(iii)

within 12 months of so receiving that injury, dies or has died as a result thereof,

as they apply in the case of a person such as is mentioned in Regulation 4(1) or, as the case may be, Regulation 5(1) of those Regulations, and as if references in those Regulations to any of the provisions of the Police Pensions Regulations 1973 included references to those provisions as applied in relation to special constables by the principal Regulations.

Signature

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

Home Office

6th February 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for enhanced benefits in case of death or total disablement resulting from an injury received by a special constable in the execution of duty similar to that made in relation to members of police forces by the Police (Injury Benefit) Regulations 1987.

The Regulations come into force on 17th March 1987 and have effect as from 25th November 1982 (retrospection is authorised by sections 12 and 15 of the Superannuation Act 1972).