The Police Pensions (Scotland) Regulations 2007

• (1) Where it is provided that, for the purpose of calculating an award by way of periodical payments or a gratuity (“the relevant award”), an amount shall be increased in accordance with this regulation, it shall be increased by the amount, if any, by which a corresponding pension, within the meaning of the Pensions (Increase) Act 1971[^f00025], of the amount first mentioned would from time to time be increased under the Pensions (Increase) Acts[^f00026] if–

• (a) it were payable to the person entitled to the relevant award and, in relation thereto, that person had the like guaranteed minimum pension (if any) as the person has in relation to the relevant award;

• (b) it were one of the pensions specified in paragraph 43 of Part II of Schedule 2 to the said Act of 1971[^f00027];

• (c) it were not a pension to which section 1(2)(a) of the Pensions (Increase) Act 1974 applies; and

• (d) it began, within the meaning of the said Act of 1971, and became payable when the relevant award so began and became payable.

• (2) The Pensions (Increase) Acts as applied by paragraph (1) shall have effect as if section 3 were omitted from the Pensions (Increase) Act 1971 and, accordingly, the amount first mentioned in paragraph (1) shall be increased so long as the pension is payable.

Revision and withdrawal or forfeiture of awards

Review and cancellation of pensions payable on the ground of permanent disablement

51

• (1) As long as a person–

• (a) is in receipt of a standard ill-health pension and has not attained the age of 55 years; or

• (b) is in receipt of an enhanced top-up ill-health pension or a deferred pension which, in accordance with regulation 32, came into payment early on the ground of permanent disablement for engaging in any regular employment, and in either case has not attained the age of 65 years,

the police authority by whom the pension is payable may, if they wish to exercise the powers conferred by this regulation, consider, at such times as are specified in paragraph (2), whether the person’s disablement has ceased, significantly worsened (in the case of a person such as is mentioned in paragraph (1)(a)) or significantly improved (in the case of a person such as is mentioned in paragraph (1)(b)).

• (2) The times mentioned in paragraph (1) are such times as the police authority may in their discretion determine–

• (a) in the case of a person such as is mentioned in paragraph (1)(a), until the person concerned attains the age of 55 years; and

• (b) in the case of a person such as is mentioned in paragraph (1)(b), at intervals of no less than 5 years until the person concerned attains the age of 65 years.

• (3) If on any such consideration it is found, in respect of a person who is in receipt of a standard ill-health pension or an enhanced top-up ill-health pension and who has not attained the age of 55 years, that that person’s disablement for the performance of the ordinary duties of a member of the police force has ceased, the police authority may give the person concerned notice that if the officer wishes to rejoin the force as a regular police officer within a period of not less than 3 months from the date on which the officer had been given such notice the officer will be permitted to do so.

• (4) If the person concerned within the period referred to in paragraph (3) offers to rejoin the force as a regular police officer, they shall be permitted to do so in a rank not lower than that which the officer held immediately before the officer retired with the ill-health pension.

• (5) On the person concerned rejoining the force as mentioned in paragraph (4) or, where in any other circumstances a person who is in receipt of either–

• (a) an ill-health pension; or

• (b) a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

rejoins that person’s former force or joins another police force, then, upon rejoining or joining such force, payment of that person’s pension shall be terminated by the police authority by whom it was payable.

• (6) Where the person concerned does not offer to rejoin the force as mentioned in paragraph (4) within the period referred to in paragraph (3), at the end of that period payment of that person’s ill-health pension shall be terminated by the police authority.

• (7) If on any such consideration it is found, in respect of a person who is in receipt of an ill-health pension and who has not attained the age of 55 years–

• (a) that that person’s disablement for the performance of the ordinary duties of a member of the police force would have been expected to have ceased by reason of that person’s having received appropriate medical treatment (and in this sub-paragraph “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the police authority for that person to refuse);

• (b) that the person is not receiving, or has not received, as the case may be, such medical treatment;

• (c) that that person’s failure to receive it is attributable to their wilfulness or negligence; and

• (d) that the person has persisted in that failure after receiving both–

• (i) a written notice from the selected medical practitioner that in the selected medical practitioner’s opinion sub paragraphs (a) and (b) apply in that person’s case; and

• (ii) written notice from the police authority that in their opinion sub-paragraph (c) applies in that person’s case and their powers under this paragraph,

then, if the person wilfully or negligently persists in that person’s failure to receive the appropriate medical treatment, payment of that person’s ill-health pension may be terminated by the police authority.

• (8) If on any such consideration it is found, in respect of a person who has not attained the age of 65 years and who is in receipt of–

• (a) an enhanced top-up ill-health pension; or

• (b) a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

that that person’s disablement for engaging in any regular full-time employment has ceased, then–

• (c) in such a case as is mentioned in sub-paragraph (a), except where the police authority have given notice to the person concerned under paragraph (3), the person’s entitlement to an enhanced top-up ill-health pension shall cease and the person shall remain entitled to payment of a standard ill-health pension; and

• (d) in such a case as is mentioned in sub-paragraph (b), the police authority shall cease to make early payments the person’s deferred pension.

• (9) Subject to paragraph (11), if on any such consideration it is found, in respect of a person in receipt of a standard ill-health pension, that the person’s disablement has worsened to the extent that the person has become disabled for engaging in any regular employment, the person shall become entitled to an enhanced top-up ill-health pension, calculated in accordance with regulation 31 and payable in accordance with paragraph (10):

Provided that such enhanced top-up ill-health pension shall not entitle the person to any lump-sum payment additional to that paid in respect of the said standard ill-health pension.

• (10) An enhanced top-up ill-health pension to which entitlement arises under paragraph (9) shall be payable as from the date on which the claim by the person concerned that the person’s disablement had worsened which led to the consideration referred to in paragraph (9) was notified to the police authority (or, where the police authority referred the matter for decision under regulation 71(2) of their own motion in the absence of such a claim, as from the date on which they so referred the matter for decision).

• (11) Paragraph (9) shall apply only if the claim that a person’s disablement had worsened which led to the consideration referred to therein was made within the period of 5 years beginning with the date on which the person concerned retired:

Provided that no such time limit shall apply in a case where the disablement of the person concerned is attributable to a progressive medical condition specified in Schedule 4 which, of its nature, could have been expected, as at the time of the person’s retirement, to affect the person with increasing severity.

• (12) Where payment of a person’s ill-health pension is terminated under paragraph (6) but the person is not entitled to a deferred pension under regulation 32, then, if the aggregate of–

• (a) the sums paid in respect of the pension; and

• (b) the actuarial value, determined in accordance with tables prepared by the Scheme actuary, of any pension to which the person is entitled under regulation 43;

is less than the person’s aggregate pension contributions in respect of the relevant period of service, the police authority shall pay the difference to the person concerned.

• (13) Where payment of–

• (a) a person’s ill-health pension; or

• (b) a person’s deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment,

is terminated under this regulation the person shall retain any lump-sum payment the person received by way of such pension, but subject to the proviso to regulation 28(1)(b) and regulation 28(2).

Withdrawal of pension during service as a regular police officer

52

• (1) Subject to paragraph (2), a police authority by whom a pension is payable under this Part may, in their discretion, withdraw the whole or any part of the pension for any period during which the pensioner is serving as a regular police officer in any police force; and, where they have done so, they shall be discharged from all actual or contingent liability in respect of the pension or the part thereof withdrawn for the period in question.

• (2) This regulation does not apply to a pension under regulation 39 or a pension credit under regulation 61.

Reduction of pension in case of default

53

Where a regular police officer or a former regular police officer becomes permanently disabled and has brought about or substantially contributed to the disablement by that officer’s own default, the police authority may reduce the amount of any–

• (a) ill-health pension; or

• (b) deferred pension which comes into payment early on the ground of permanent disablement for engaging in any regular employment,

• payable to that officer by the police authority by an amount not exceeding a half of that to which that officer would otherwise be entitled:

Withdrawal of early payment of deferred pension

54

In a case where a person to whom regulation 32 applies ceased to serve by reason of dismissal or requirement to resign under the Conduct Regulations and was permanently disabled for engaging in any regular employment at the time when the person so ceased to serve or becomes so disabled before that officer attains the age of 65 years, no payment shall be made on account of the pension in respect of the period before that officer attains the age of 65 years unless the police authority in the exercise of their discretion determine to make such payment.

Forfeiture of pension

55

• (1) This regulation applies to a pension payable to a grantee, being–

• (a) under this Part, a regular police officer or former regular police officer;

• (b) under regulation 39, a survivor of such a police officer; and

• (c) under Part 6, a pension credit member.

• (2) A police authority responsible for payment of a pension to which this regulation applies may determine that the pension be forfeited, in whole or in part and permanently or temporarily as they may specify, if the grantee has been convicted of an offence mentioned in paragraph (3) and, in the case of an adult survivor’s pension, that offence was committed after the death of the police officer in respect of whom the pension is payable.

• (3) The offences referred to in paragraph (2) are–

• (a) an offence of treason; or

• (b) one or more offences under the Official Secrets Acts 1911 to 1989[^f00028] for which the grantee has been sentenced on the same occasion to a term of imprisonment of, or to 2 or more consecutive terms amounting in the aggregate to, at least 10 years.

• (4) A police authority responsible for payment to a regular police officer of a pension to which this regulation applies may determine that the pension be forfeited, in whole or in part and permanently or temporarily as they may specify, if the grantee has been convicted of an offence committed in connection with that officer’s service as a member of a police force which is certified by the Scottish Ministers either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

• (5) The police authority may, to such extent as they at any time in their discretion think fit–

• (a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

• (b) restore to the grantee of the pension,

any amount or amounts of any pension that has or have been forfeited under this regulation.

• (6) To the extent to which a pension is forfeited under this regulation, the police authority shall be discharged from all actual or contingent liability in respect of it.

• (7) This regulation has effect subject to regulation 43(8).

PART 5 — PURCHASE OF INCREASED BENEFITS

Election to purchase increased benefits

56

• (1) This paragraph applies to a regular police officer by whom contributions are for the time being payable under regulation 7.

• (2) Subject to the following provisions of this regulation, a police officer to whom paragraph (1) applies may at any time, for the purpose of reckoning additional pensionable service (“added years”) in calculating the awards payable to, or in respect of, that officer under Part 4, elect to make payment to the police authority in accordance with the following provisions of this Part.

• (3) Such an election is to be made by giving written notice to the police authority for the force in which the officer in question is serving, and that notice is to specify–

• (a) the number of added years to be purchased;

• (b) the date, no earlier than that on which the officer will attain the age of 55 years nor later than that on which that officer could be required to retire under regulation 19(1) or (2) if the officer continued to serve without change of rank, when that officer wishes the added years so purchased to become reckonable for the purpose of calculating awards; and

• (c) whether payment is to be made by way of a lump sum in accordance with regulation 58 or periodical contributions in accordance with regulation 59.

• (4) The total number of added years that may be purchased in accordance with regulations 58 and 59 by virtue of such an election shall not exceed 5 or such lesser number as would entitle the officer, if that officer were to serve continuously as a full-time member of the force from the date of the officer’s election under paragraph (2) until the date specified in accordance with paragraph (3)(b), to reckon a total of 35 years' pensionable service as at the date so specified.

• (5) A pension debit member may not replace any rights debited to that officer as a consequence of a pension sharing order with any rights which that officer would not have been able to acquire (in addition to the debited rights) had the order not been made.

Acceptance and effect of elections

57

• (1) The police authority may refuse to accept an election to make payment by periodical contributions unless the regular police officer in question has undergone a medical examination and satisfied the authority as to the officer’s good health; and any fee payable in respect of that examination shall be paid by that officer.

• (2) An election made under regulation 56(2) to purchase added years by way of periodical contributions shall take effect from the date on which the periodical contributions commence in accordance with regulation 59(1).

• (3) Subject to regulation 59(4), an election under regulation 56(2) shall be irrevocable, save that where the police authority are satisfied that the payment of periodical contributions in accordance with such an election is causing, or is likely to cause, financial hardship they may consent to the discontinuance of such contributions for such period as they think fit.

• (4) When a regular police officer who has made an election under regulation 56(2) has not retired by the date specified in the notice of election in accordance with regulation 56(3)(b), then, notwithstanding that the officer may derive no benefit from the officer’s election, the officer’s liability to make payment in accordance with the following provisions of this Part shall not be affected and the officer shall not be entitled to the repayment of any lump sum or contribution so paid.

Lump sum payments

58

• (1) A regular police officer to whom regulation 56(1) applies may, within 12 months of the date when the officer last began to serve as such, elect under that regulation to make payment by a lump sum of such amount calculated by the police authority, in accordance with tables prepared by the Scheme actuary, as is necessary to purchase the added years specified in the notice of election.

• (2) A lump sum payment under this regulation shall be made within 3 months of the date on which the notice of election is given and, if it is not so made, the election shall be deemed for the purposes of these Regulations never to have been made.

• (3) A sum held in another pension scheme may not be used to purchase added years under this regulation.

Payment by periodical contributions

59

• (1) Subject to the following provisions of this regulation, where a regular police officer elects to make payment under this regulation, the periodical contributions shall be made as from the date of the officer’s birthday falling within the year beginning with the date of the officer’s election and shall continue, subject to any discontinuance on the ground of financial hardship in accordance with regulation 57(3), until the date–

• (a) specified in the notice of election in accordance with regulation 56(3)(b);

• (b) on which any election made by the officer under regulation 9 takes effect;

• (c) on which the officer retires under regulation 18, 19 or 20, as the case may be, or otherwise ceases to serve as a regular police officer; or

• (d) subject to paragraph (7), on which the officer retires under regulation 21,

whichever is the earliest.

• (2) All contributions under this regulation shall be deducted by the police authority from the pay of the officer concerned.

• (3) Such contributions shall be of such amount, calculated by the police authority in accordance with tables prepared by the Scheme actuary, as is necessary to purchase the added years specified in the notice of election:

Reckoning of increased benefits

60

• (1) Subject to the following provisions of this regulation, for the purposes of calculating any award under Part 4 to or in respect of a regular police officer, added years purchased in pursuance of an election under regulation 56(2) shall be reckonable in the same way as other pensionable service reckonable by the officer.

• (2) Subject to regulation 58(2), in a case where a regular police officer elects under regulation 56(3) to make payments by way of a lump sum, the officer shall be entitled to reckon the number of added years specified in the officer’s notice of election under regulation 56(3)(a).

• (3) In a case where a regular police officer elects under regulation 56(3)(c) to make payments by way of periodical contributions, the officer shall be entitled to reckon the number of added years determined in accordance with the following provisions of this regulation.

• (4) Unless a regular police officer is in part-time service and has elected to pay contributions at the same percentage of the officer’s pensionable pay as if the officer were in full-time service as in regulation 59(6), in a case where the periodical contributions continue in payment until the date specified in the notice of election, the officer will be entitled to reckon the number of added years specified in their notice of election under regulation 56(3)(a).

• (5) This paragraph applies where a regular police officer has commenced payment of periodical contributions in accordance with an election under regulation 56(2) and dies in service or retires with an entitlement to an ill-health pension under regulation 29.

• (6) In a case in which paragraph (5) applies, the officer concerned shall, subject to paragraph (8), be entitled to reckon all the added years specified in the officer’s notice of election under regulation 56(3)(a) save that where–

• (a) the officer had discontinued payment of periodical contributions on grounds of financial hardship under regulation 57(3) or;

• (b) the officer were an officer with part-time service and had elected to pay contributions at the same percentage of the officer’s pensionable pay as if the officer were in full-time service as in regulation 59(6),

the officer shall be entitled to reckon a proportion of such benefits, determined in accordance with the formula set out in paragraph (7).

• (7) The formula referred to in paragraph (6) is–

$$AY×PMPD$ where– AY is the number of added years specified in the notice of election in accordance with regulation 56(3)(a); PM is the aggregate length of the periods during which periodical contributions were made calculated in accordance with paragraph (13) where applicable; and PD is the length of the period beginning with the date on which the election under regulation 56(2) took effect and ending on the date on which the officer concerned died or retired on the ground of disablement, as the case may be.$

• (8) In a case in which the officer concerned retired with–

• (a) an entitlement to a standard ill-health pension and that entitlement ceases in accordance with regulation 51; or

• (b) an entitlement to an enhanced top-up ill-health pension and that entitlement ceases in accordance with regulation 51 in circumstances where the officer does not then remain entitled to a standard ill-health pension under paragraph (8)(c) of that regulation,

then (whether or not the officer rejoins the officer’s former police force or joins another police force), the officer’s entitlement under paragraph (6) to reckon all or a proportion of the number of added years specified in the officer’s notice of election under regulation 56(3)(a) shall cease, but for the purposes of this regulation the officer will be deemed to have made the periodical contributions which, but for the officer’s retirement, would have fallen due during the period of that retirement:

PART 6 — PENSION SHARING: PENSION CREDIT MEMBERS

Pension credit member’s entitlement to pension

61

• (1) Subject to regulation 62, a pension credit member is entitled to a pension, of an amount calculated in accordance with paragraphs (3), (4) and (5) which becomes payable–

• (a) when the member attains normal benefit age; or

• (b) if it is later, when the pension sharing order under which the member is entitled to the pension credit takes effect.

• (2) In this Part “normal benefit age” means the age of 65.

• (3) A pension credit member’s pension shall be–

• (a) an annual sum payable for life; and

• (b) subject to paragraph (4), a lump sum payment of an amount equal to that annual sum as at the time when the pension first becomes payable, multiplied by 4.

• (4) No lump sum shall be payable under paragraph (3)(b) if the pension credit is a disqualifying pension credit under paragraph 2(3) of Schedule 29 to the Finance Act 2004[^f00029].

• (5) The total pension under paragraph (3) must be of such an amount that its actuarial value is equal to the member’s pension credit, as calculated from tables prepared by the Scheme actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Act[^f00030].

Commutation of the pension credit benefit on the ground of serious ill-health

62

• (1) If a pension credit member is suffering from serious ill-health before the member attains normal benefit age, the relevant police authority may commute the whole of the pension to which the member is entitled under regulation 61 for a lump sum of an amount equal to the annual rate of the pension to which the member would have been entitled under regulation 61(3)(a) if the member had attained normal benefit age on the date when the lump sum is paid (as calculated in accordance with guidance prepared by the Scheme actuary), multiplied by 5.

• (2) Where a pension is commuted under paragraph (1), the payment of the lump sum discharges the relevant police authority from all liability in respect of benefits payable to or in respect of the pension credit member.

• (3) In this regulation, “serious ill-health” means ill-health giving rise to a life expectancy of less than 1 year from the date on which commutation is applied for.

Death grants where pension credit member dies before pension credit benefits payable

63

• (1) If a pension credit member dies before any pension credit benefits have become payable to the member under these Regulations, a lump sum death grant is to be paid of an amount equal to the annual rate of the pension to which the member would have been entitled under regulation 61(3)(a) if the member had attained normal benefit age on the date of the member’s death (as calculated in accordance with guidance prepared by the Scheme actuary), multiplied by 3.

• (2) The lump sum is payable–

• (a) if the member is survived by a spouse or civil partner who is not ineligible under paragraph (3), to that spouse or civil partner; or

• (b) if there is no person such as is mentioned in sub-paragraph (a), if the police authority in its discretion so decides, to the member’s personal representatives.

• (3) A spouse or, as the case may be, civil partner is ineligible for the purposes of paragraph (2) if–

• (a) the deceased and the spouse or civil partner in question were separated by an order or decree of a competent court at the time of the member’s death; and

• (b) the deceased was not required by such an order to contribute, and was not in fact regularly contributing, to the support of the spouse or civil partner or to the spouse or civil partner for the support of a child of the spouse or civil partner in question.

Application of general regulations

64

• (1) The provisions specified in paragraph (2) apply to pension credit members and awards payable to or in respect of members, but apart from where provision is made by this Part or a contrary intention is otherwise indicated–

• (a) these Regulations do not apply to pension credit members as such or to benefits payable to or in respect of members as such;

• (b) the benefits payable to or in respect of pension credit members as such are not aggregated for any purpose with benefits payable to or in respect of those persons in any other capacity; and

• (c) the benefits payable to or in respect of pension credit members deriving their pension credit benefits from one pension debit member are not aggregated for any purpose with benefits payable to or in respect of those persons as pension credit members deriving their pension credit benefits from any other pension debit member.

• (2) Those provisions are regulation 66, 68 and 82.

• (3) In the application of regulations 66, 68 and 82 by virtue of this regulation–

• (a) those regulations apply as if the references to the police authority were references to the relevant police authority; and

• (b) the reference in regulation 66 to a person claiming an award in respect of a member of a particular description to whom that regulation applies includes a reference to a pension credit member whose pension credit is derived from the rights of a pension debit member of that description.

PART 7 — MEDICAL QUESTIONS AND APPEALS

Eligibility for awards – general

Eligibility for awards – general

65

Subject to the following provisions of this Part, the question whether a person is entitled to any, and if so what, awards under these Regulations shall be determined in the first instance by the police authority.

Appeals

Appeal by a member of a home police force

66

Where a member of a home police force, or a person claiming an award in respect of such a member, is aggrieved by–

• (a) the refusal of the police authority to admit a claim to receive as of right an award or a larger award than that granted;

• (b) a decision of the police authority as to whether a refusal to accept medical treatment is reasonable for the purposes of regulation 4;

• (c) the reduction under regulation 53 by the police authority of the amount of any pension payable to such a member; or

• (d) the forfeiture under regulation 55 by the police authority of any award granted to or in respect of such a member,

that person may, subject to regulation 68, appeal to the sheriff, and the sheriff, after enquiring into the case, may make such order in the matter as appears to the sheriff to be just.

Appeal by inspector of constabulary or police officer engaged on relevant service

67

• (1) This regulation shall apply in relation to–

• (a) an inspector of constabulary; or

• (b) a police officer engaged on relevant service,

and any such person is hereafter in this regulation referred to as an officer to whom this regulation applies.

• (2) Where an officer to whom this regulation applies, or a person claiming an award in respect of such an officer, is aggrieved by–

• (a) the refusal of the Scottish Ministers as police authority to admit a claim to receive as of right an award or a larger award than that granted;

• (b) a decision of the Scottish Ministers as police authority as to whether a refusal to accept medical treatment is reasonable for the purposes of regulation 4;

• (c) the reduction under regulation 53 by the Scottish Ministers as police authority of the amount of any pension payable to such an officer; or

• (d) the forfeiture under regulation 55 by the Scottish Ministers as police authority of any award granted to or in respect of such an officer,

the officer may, subject to regulation 68, give notice of appeal to the Scottish Ministers; and any such notice shall be in writing and shall specify the grounds of the appeal.

• (3) The Scottish Ministers, on receiving such notice of appeal, shall appoint an appeal tribunal (in this regulation referred to as “the tribunal”), consisting of 3 persons, including a person who has at least 7 years standing as an advocate or solicitor admitted in Scotland, or a 7 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990[^f00031] or at least 7 years standing as a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland and a former member of a police force who, before ceasing to serve as such or retiring, held a rank not lower than that of Superintendent.

• (4) The time and place for the hearing, or any postponed or adjourned hearing, of the appeal shall be determined by the tribunal, which shall give reasonable notice thereof to the appellant and to the Scottish Ministers as police authority (“the parties”).

• (5) Either party may be represented before the tribunal by counsel, by a solicitor or by such other person as appears to that party appropriate, adduce evidence and cross-examine witnesses.

• (6) In the case of an appeal under this regulation the tribunal shall have regard to the practice of the Sheriff Court in the case of an appeal under regulation 66 or under regulation H5 of the 1987 Regulations[^f00032], and the rules of evidence applicable in the case of such an appeal shall apply in the case of an appeal under this regulation.

• (7) Subject to the preceding provisions of this regulation, the tribunal shall determine its own procedure.

• (8) The tribunal, after enquiring into the case and arriving at a decision thereon, may make such order in the matter as appears to it just, which order shall state the reasons for the decision; and each of the parties shall be entitled to a copy of any such order.

• (9) An appeal shall lie on a point of law from any decision of a tribunal under this regulation to the Court of Session in accordance with rules of court.

Limitations on appeals

68

• (1) An appeal shall not lie under regulation 66 or 67 against anything done by a police authority in the exercise of a power conferred by these Regulations which is expressly declared by these Regulations to be a power which they are to exercise in their discretion.

• (2) Subject to regulation 73(2), in any proceedings under regulation 66 or 67 the court or tribunal shall be bound by any final decision of a medical authority within the meaning of regulation 73.

Decisions on eligibility for pension awards payable on the ground of permanent disablement

Reference to selected medical practitioner – eligibility for pension awards payable on the ground of permanent disablement

69

• (1) For the purposes of a determination by the police authority of a person’s eligibility to receive pension awards payable on the ground of permanent disablement in pursuance of regulation 8, the selected medical practitioner shall report to the police authority the selected medical practitioner’s opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police force, and such a report shall, subject to an appeal under regulation 70, be final.

• (2) A copy of any such report shall be supplied to the person who is the subject of that report.

Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

70

• (1) A person in respect of whom it has been determined under regulation 8(3) that the risk presented by that person that that person will retire on the ground that that person is permanently disabled is such that the likely cost of providing that person with benefits under these Regulations is disproportionately high, who is dissatisfied with the opinion of the selected medical practitioner may appeal against the practitioner’s report if–

• (a) within 28 days of receiving notice of the police authority’s decision under regulation 8(3) the person gives notice that that person intends to make such an appeal; and

• (b) within 2 months (or such longer period as may be agreed by the police authority) of receiving notice of the police authority’s decision the person supplies evidence that a registered medical practitioner (“the appellant’s practitioner”) has examined that person and disagrees with the selected medical practitioner’s opinion on the likelihood or likely timing (or both) of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police force.

• (2) The police authority shall ask the selected medical practitioner to reconsider the selected medical practitioner’s report in the light of that evidence and, if necessary, to produce a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of the ordinary duties of a member of the police force.

• (3) In any case in which, following such reconsideration, the person concerned remains dissatisfied with the opinion of the selected medical practitioner, the authority shall arrange for a third registered medical practitioner to examine the person; and in any case, any report produced in accordance with paragraph (2) as revised (as the case may be) by the third registered medical practitioner shall be final.

• (4) The third medical practitioner shall be acceptable to the selected medical practitioner and to the appellant’s practitioner, except that in the event of a failure to agree, the police authority may appoint such third medical practitioner as it considers appropriate.

• (5) The third medical practitioner shall supply the police authority and the appellant with a written statement of opinion, which, if it disagrees with any part of the report of the selected medical practitioner, shall take the form of a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of that person’s duty, which shall be final.

Medical questions – permanent disablement

Reference of medical questions – permanent disablement

71

• (1) Where the police authority are considering for the purposes of these Regulations whether a person is permanently disabled, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions–

• (a) whether the person concerned is disabled for the performance of the ordinary duties of a member of the police force;

• (b) whether any such disablement as is mentioned in sub-paragraph (a) is likely to be permanent;

• (c) whether the person concerned is also disabled for engaging in any regular employment otherwise than as a regular police officer; and

• (d) whether any such disablement as is mentioned in sub-paragraph (c) is likely to be permanent.

• (2) Where the police authority are considering whether the disablement of a person such as is mentioned in regulation 21(2) or 51(1)(a) has ceased, significantly worsened or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions–

• (a) whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police force; and, if so,

• (b) whether the person concerned is also disabled for engaging in any regular employment; and

• (c) whether any such disablement as is mentioned in sub-paragraph (b) is likely to be permanent.

• (3) Where the police authority are considering whether the disablement of a person such as is mentioned in regulation 51(1)(b) has ceased or significantly improved, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions–

• (a) whether the person concerned continues to be disabled for engaging in any regular employment; and, if not;

• (b) whether the person concerned continues to be disabled for the performance of the ordinary duties of a member of the police force.

• (4) Where, in pursuance of a reference under paragraph (2) or (3), the selected medical practitioner decides that the question mentioned in paragraph (2)(a) or either of the questions referred to in paragraph (3)(a) and (b), as the case may be, is to be answered in the affirmative, no question as to the likelihood of such disablement continuing permanently is to be considered by the selected medical practitioner.

• (5) Where the police authority are considering the exercise of their powers under regulation 53, they shall refer for decision to a duly qualified medical practitioner selected by them the question whether the person concerned has brought about or substantially contributed to the disablement by that person’s own default.

• (6) The police authority may decide to refer a question in paragraph (1), (2), (3) or (5), as the case may be, to a board of duly qualified medical practitioners instead of to a single duly qualified medical practitioner, and in such a case references in this regulation and regulations 72, 73(4) and 74(7) to a selected medical practitioner shall be construed as if they were references to such a board.

• (7) The decision of the selected medical practitioner on the question or questions referred to that practitioner under this regulation shall be expressed in the form of a report and shall, subject to regulations 72 and 73, be final.

• (8) Where, in pursuance of a reference under paragraph (2) or (3), the selected medical practitioner is of the opinion that sub-paragraphs (a) and (b) of regulation 51(7) apply in the case of the person concerned, the practitioner shall give written notice of that opinion to the person concerned in accordance with regulation 51(7)(d)(i) and inform the police authority of such opinion in the practitioner’s report; and in such a case the opinion to which the notice relates shall be treated for the purposes of paragraph (7) as if it were a decision on a question referred to the practitioner under this regulation.

• (9) A copy of any such report shall be supplied to the person who is the subject of that report.

Appeal to board of medical referees

72

• (1) Where a person is dissatisfied with the decision of the selected medical practitioner on the question or questions referred to the practitioner as set out in a report under regulation 71(7) that person may, within 28 days after the person has received a copy of that report or such longer period as the police authority may allow, and subject to and in accordance with the provisions of regulation 74, give notice to the police authority that that person appeals against that decision.

• (2) In any case where within a further 28 days of that notice being received (or such longer period as the police authority may allow) that person has supplied to the police authority a statement of the grounds of that person’s appeal, the police authority shall, except in a case where the person concerned and the police authority agree to a further reference to the selected medical practitioner in accordance with regulation 73(1), notify the Scottish Ministers accordingly and refer the appeal to a board of medical referees (“the appeal board”), appointed in accordance with arrangements approved by the Scottish Ministers, to decide.

• (3) The decision of the appeal board shall, if it disagrees with any part of the report of the selected medical practitioner, be expressed in the form of a report of its decision on any of the questions referred to the selected medical practitioner on which it disagrees with the latter’s decision, and the decision of the appeal board shall, subject to the provisions of regulation 73, be final.

Further reference to medical authority

73

• (1) The police authority and the person in respect of whom a final decision of a medical authority has been given (“the claimant”) may, by agreement, refer such decision to the medical authority for reconsideration, and the practitioner or, as the case may be, it, shall accordingly reconsider the said decision and, if necessary, issue a fresh report, which, subject to–

• (a) any further reconsideration under this paragraph or paragraph (2); or

• (b) an appeal, where the claimant requests that the appeal of which the claimant has given notice (before referral of the decision under this paragraph) be notified to the Scottish Ministers and referred to an appeal board,

shall be final.

• (2) A court hearing an appeal under regulation 66 or a tribunal hearing an appeal under regulation 67 may, if they consider that the evidence before the medical authority who has given the final decision was inaccurate or inadequate, refer the decision of that authority to that authority or, as the case may be, it, for reconsideration in the light of such facts as the court or tribunal may direct, and the medical authority shall accordingly reconsider the said decision and, if necessary, issue a fresh report which, subject to any further reconsideration under this paragraph, shall be final.

• (3) If a claimant and the police authority agree, or a court or tribunal decide, to refer a decision to the medical authority for reconsideration under this regulation and that medical authority is unable or unwilling to act, the decision may be referred to a duly qualified medical practitioner or board of medical practitioners agreed upon by the claimant and the police authority or, in the absence of such agreement, selected by the court or tribunal, and the practitioner’s or, as the case may be, its decision shall have effect as if it were that of the medical authority who gave the decision which is to be reconsidered.

• (4) In this regulation a medical authority who has given a final decision means–

• (a) the selected medical practitioner, if the time for appeal from the practitioner’s decision has expired without an appeal to an appeal board being made or if, following a notice of appeal to the police authority, the police authority have not yet notified the Scottish Ministers of the appeal; and

• (b) the appeal board, if there has been such an appeal.

Procedure and costs on appeals under regulation 72

74

• (1) Every notice of appeal under regulation 72(1) and statement of grounds under regulation 72(2) shall be in writing.

• (2) On receiving a notice of appeal against a decision made under regulation 71(7) and the appellant’s statement of grounds for appeal, the police authority, unless regulation 73(1) applies, shall forward to the Scottish Ministers copies of the appeal documents and all other documents determined as necessary by the Scottish Ministers.

• (3) The Scottish Ministers shall refer an appeal to a board of medical referees and shall supply the board with documents supplied under (2) and any other relevant information.

• (4) The appeal board shall consist of not less than 3 medical practitioners, appointed by, and in accordance with, arrangements approved by the Scottish Ministers, of whom at least 1 member shall be a specialist in a medical condition relevant to the appeal and 1 member shall be appointed chairman; and where there is an equality of voting among members of the appeal board, the chairman shall have a second or casting vote.

• (5) The appeal board shall appoint a time and place for hearing the appeal (“the hearing”), at which it may interview or examine the appellant, and for any such further hearings as it may consider necessary, and shall give not less than 2 months' notice, or such shorter period as the police authority and appellant may agree, of the hearing to the appellant and police authority (“the parties to the appeal”).

• (6)

• (a) Where either party to the appeal intends to submit written evidence or a written statement at a hearing arranged under paragraph (5), that party shall, subject to sub-paragraph (b), submit it to the appeal board, the other party and Scottish Ministers not less than 10 days before the date appointed for the hearing;

• (b) where any written evidence or statement has been submitted under sub-paragraph (a), any written evidence or statement in response may be submitted by the other party to the appeal board and the party submitting the first-mentioned evidence or statement at any time not less than 5 days before the date appointed for the hearing;

• (c) the appeal board may postpone or adjourn the date appointed for the hearing where any written evidence or statement is submitted in contravention of sub-paragraphs (a) and (b) or it appears necessary to do so for the proper determination of the appeal; and

• (d) References in sub-paragraphs (a) and (b) to periods of days shall exclude weekends and public holidays.

• (7) Any hearing (including any medical examination) may be attended by–

• (a) the selected medical practitioner or, in the practitioner’s absence, a duly qualified medical practitioner appointed for the purpose by the police authority; and

• (b) a duly qualified medical practitioner appointed for the purpose by the appellant,

although they may only observe any examination; and if any hearing includes a medical examination then only medical practitioners may be present for that part of the hearing.

• (8) The appeal board shall supply the police authority, the appellant and the Scottish Ministers with a written statement of its decision. Where the appeal board disagrees with any part of the selected medical practitioner’s report, the appeal board shall supply a revised report.

• (9) There shall be paid to the members of the appeal board–

• (a) such fees as are determined in accordance with arrangements made by the Scottish Ministers; or

• (b) where no such arrangements have been made, such fees and allowances as the Scottish Ministers may from time to time determine;

and any fees or allowances so payable shall, subject to paragraph (10)(c) and (e), be paid by the police authority and shall be treated as part of the expenses of the police authority for the purposes of this regulation.

• (10)

• (a) Subject to the following provisions of this paragraph, the expenses of each party to the appeal shall be borne by that party;

• (b) where a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the police authority less than 22 days (excluding weekends and public holidays) before the date appointed for the hearing, the appeal board shall require the police authority to pay to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending or arranging to attend the cancelled, adjourned or postponed hearing, as the case may be;

• (c) if the appeal board determines that a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the appellant less than 22 days (excluding weekends and public holidays) before the date appointed for the hearing the police authority may, subject to sub-paragraph (d), require the appellant to pay towards the cost of the cancellation, adjournment or postponement, as the case may be, such sum not exceeding the total costs of the cancellation, adjournment or postponement, as the case may be, as the authority thinks fit;

• (d) if the appeal board, after taking account of any representations from either party, decides that the cancellation, adjournment or postponement, as the case may be, was not due to any fault on the part of the appellant and the appellant should not pay towards the cost of the said cancellation, adjournment or postponement, it shall state that this is the case and the police authority shall not require the payment of any such costs;

• (e) where the appeal board decides in favour of the police authority and reports that in its opinion the appeal was frivolous or vexatious, the authority may, subject to sub-paragraph (f), require the appellant to pay towards the cost of the appeal such sum not exceeding the total fees and allowances of the members of the appeal board as the authority thinks fit;

• (f) if the appeal board, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal, it shall state that this is the case and the police authority shall not require the payment of any such costs;

• (g) where the appeal board decides in favour of the appellant, the police authority shall refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any such hearing as is mentioned in sub-paragraph (5).

Refusal to be medically examined

75

If a question is referred to a medical authority under regulation 71, 72 or 73 and the person concerned wilfully or negligently fails to submit to such medical examination or to attend such interviews as the medical authority may consider necessary in order to enable the medical authority to make a decision, then–

• (a) if the question arises otherwise than on an appeal under regulation 72, the police authority may make their determination on such evidence and medical advice as they in their discretion think necessary; and

• (b) if the question arises on an appeal under regulation 72, the appeal shall be deemed to be withdrawn.

PART 8 — TRANSFER VALUES, PAYMENT, ETC

Interpretation

Interpretation

76

In this Part–

• (a) “police authority” in relation to a regular police officer means the police authority for that officer’s force or, in the case of a former regular police officer, for the force of which the officer was a member immediately before that officer retired or otherwise ceased to serve; and

• (b) “the relevant police authority”, in relation to a pension credit member, means–

• (i) the police authority for the force in which, at the time when the pension sharing order takes effect, the pension debit member from whose rights the pension credit member’s pension credit is derived is serving; or

• (ii) if such pension debit member is not then serving as a regular police officer, the police authority for the force in which the officer last served as such.

Certificates of pensionable service on transfer between forces or rejoining the police service

Certificates of pensionable service

77

• (1) This regulation applies where a regular police officer–

• (a) has transferred from one force to another; or

• (b) having previously ceased to serve as such in one police force, subsequently becomes a regular police officer in another; and

• (c) by reason of previous service in a police force is entitled to reckon pensionable service under regulation 12(1)(a), (b) (c) or (d), 13 or 15.

• (2) Where this regulation applies, the former police authority shall furnish the current authority with a certificate stating–

• (a) the amount of the pensionable service which the regular police officer to whom this regulation applies is entitled to reckon by reason of previous service in a police force in accordance with regulations 10 to 15;

• (b) whether or not that police officer has, at the time of leaving service in the force maintained by the former police authority, made an election under regulation 9; and

• (c) where that officer is a pension debit member under Part 6, the appropriate percentage by which that officer’s future benefits are to be reduced under regulation 36.

• (3) On the acceptance of a certificate under paragraph (2) by the current authority, any entitlement of a regular police officer to whom this regulation applies to an award from the former police authority shall cease to have effect.

• (4) The former police authority shall furnish a regular police officer to whom this regulation applies with a copy of the certificate furnished under paragraph (2) together with a description of the effect of paragraph (3).

• (5) In this regulation (but subject to regulation 96(1))–

• “the former police authority” means the police authority of the force first mentioned in paragraph (1)(a) or (b), as the case may be; and

• “the current authority” means the police authority of the force of which the regular police officer is a member.

Transfer values payable on leaving the police service or ceasing to make pension contributions

Transfer values payable on leaving the police service or ceasing to make pension contributions

78

• (1) Subject to paragraph (8), this regulation applies to a regular police officer who, before that officer attains the age of 64 years–

• (a) ceases to serve as a regular police officer; or

• (b) makes or has made an election under regulation 9,

and who, in either case, satisfies the conditions specified in paragraph (2).

• (2) The conditions mentioned in paragraph (1) are–

• (a) that the officer subsequently becomes subject to new pension arrangements which are contained within–

• (i) a public service pension scheme within the meaning of section 1(1) of the 1993 Act[^f00033];

• (ii) any other pension scheme which is registered under section 153 of the Finance Act 2004[^f00034]; or

• (iii) a qualifying recognised overseas pension scheme within the meaning of section 169 of the Finance Act 2004;

• (b) that the officer’s pensionable service satisfies the 3 month condition within the meaning of section 101AA(2) of the 1993 Act[^f00035];

• (c) that the officer is not entitled to a pension under Part 4 or, if the officer is so entitled, it is not yet payable;

• (d) that the officer has not received any award by way of repayment of the officer’s aggregate pension contributions; and

• (e) that the officer has, on or before the date on which that officer attains the age of 64 years, or within such longer period as the police authority may allow in the circumstances of the particular case, given written notice to the police authority of the officer’s desire that this regulation should apply in the officer’s case.

• (3) A regular police officer who has given notice in accordance with paragraph (2)(e) may, without prejudice to the giving of another such notice, withdraw that notice by giving written notice to that effect to the police authority under this paragraph:

Provided that notice under this paragraph shall be of no effect if it is given at a time when the police authority have already entered into an agreement with a third party to pay a transfer value under paragraph (4) in respect of that officer.

• (4) Subject to paragraph (8), where this regulation applies the police authority shall, within 12 months of receipt of notice given in accordance with paragraph (2)(e) or, if earlier, by the date on which the regular police officer concerned attains the age of 65 years, pay a transfer value calculated, subject to paragraph (5) in accordance with tables and guidance issued for the purpose by the Scheme actuary to the authority or person empowered to receive such payments for the purposes of the new pension arrangements to which the regular police officer becomes subject:

Provided that if proceedings before a court have been commenced against the regular police officer concerned within 12 months of the date on which contributions under regulation 8 ceased to be payable in respect of that officer and it appears to the police authority that the proceedings may lead to the forfeiture of any pension, entitlement to which arises as a result of the payment of such contributions, the period within which payment under this paragraph is to be made shall be–

• (a) that specified in the foregoing provisions of this paragraph; or

• (b) 3 months from the conclusion of those proceedings (including any proceedings on appeal),

whichever ends later.

• (5) In the case of a transfer value paid under the public sector transfer arrangements, paragraph (4) shall have effect as if, for the words from “subject to paragraph (5)” to “actuary” there were substituted the words “in accordance with the rules of the public sector transfer arrangements”; and for these purposes, “the public sector transfer arrangements” has the same meaning as that given in regulation 15(4).

• (6) In the case of a regular police officer who has received such an award as is mentioned in paragraph (2)(d) but has, within 6 months of becoming subject to new pension arrangements, or within such longer period as the police authority may allow in the circumstances of that officer’s case, paid to that authority an amount equal to that of the award (plus interest, where payable in accordance with paragraph (7)), paragraph (2) shall have effect as if sub-paragraph (d) were omitted:

Provided that, in the case of a regular police officer who is becoming subject to new pension arrangements such as are specified in paragraph (2)(a)(i), this paragraph shall have effect as if for “6 months” there were substituted “12 months”.

• (7) For the purposes of paragraph (6)–

• (a) interest shall be payable where payment is made under that paragraph more than a year after receipt of the award as mentioned in paragraph (2)(d); and

• (b) any such interest shall be calculated at the rate of 5 per cent per year, compounded with yearly rests.

• (8) Where a pension debit exists under Part 6, the amount of any transfer value payable under this regulation shall be decreased by the actuarial value of that debit.

Prohibition on accepting or paying transfer values for pension credit rights

79

A transfer value may not be accepted or paid in respect of any pension credit rights under Part 6.

Mis-sold pensions

Mis-sold pensions

80

• (1) This regulation applies to a regular police officer who–

• (a) opted or transferred out; and

• (b) has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986[^f00036] or section 150 of the Financial Services and Markets Act 2000[^f00037] (actions for damages in respect of contravention of rules etc made under the Act).

• (2) A regular police officer to whom this regulation applies may give notice in writing to the police authority that the officer wishes the authority to accept payment of a transfer value in order to create or restore pensionable service, and such notice shall be treated as cancelling, with effect from the date on which an instalment of pay next falls due to that officer, any election that is in force under regulation 9 in respect of that police officer.

• (3) Where a regular police officer has given notice under paragraph (2), but before the payment has been accepted and pensionable service created or restored that officer either–

• (a) dies while serving as a member of a police force; or

• (b) becomes entitled to an award under these Regulations,

paragraph (4) shall continue to apply in that officer’s case.

• (4) Where a transfer value in relation to a regular police officer who has given notice under paragraph (2) is paid to a police authority before the expiry of the period of 12 months beginning with the date on which the police officer gives such notice, or such longer period as the police authority may allow, the police authority–

• (a) shall, if satisfied that the transfer value has been calculated in a manner consistent with the methods adopted and assumptions made by them in determining the restitution payment, accept the payment and treat the relevant period as pensionable service reckonable by the officer concerned; and

• (b) may, if not so satisfied, but if satisfied that the transfer value represents, by reference to those methods and assumptions, a length of service not exceeding the relevant period, accept the payment and treat that length of service as pensionable service reckonable by the officer concerned,

and the police officer shall be treated for the purpose of calculating any award under these Regulations as having made pension contributions throughout the period of pensionable service credited under this paragraph.

• (5) Where a regular police officer is credited under paragraph (4) with a period of pensionable service that is shorter than the relevant period, the period of service credited shall be treated for the purpose of any award under these Regulations as being a continuous period with the same concluding date as the relevant period.

• (6) Where a regular police officer who is being credited under paragraph (4) with a period of pensionable service has previously been credited with an additional period of pensionable service calculated in accordance with regulation 15(2) or regulation 78(4) in respect of the relevant period, the police authority may adjust the transfer value which they accept under this regulation to ensure that no part of the additional period of pensionable service which was previously credited is included in the period of pensionable service credited under paragraph (4).

• (7) In this regulation–

• “the assumed calculation date” means the date on which it is assumed, for the purpose of calculating a restitution payment, that a transfer value will be paid to the police authority;

• “the material date” means the date on which the police authority is asked to provide the calculation of the restitution payment;

• “personal pension scheme” and “public service pension scheme” have the meanings given by section 1(1) of the 1993 Act;

• “the relevant period”, in relation to a regular police officer, means the total of any periods of opted out and transferred out service;

• “restitution payment”, in relation to a regular police officer, means an amount equal to the sum of– the capitalised value at the material date, determined by the police authority in accordance with methods and assumptions notified to them by the Scheme actuary for cash equivalent transfer values from occupational pension schemes (other than public service pension schemes), which would produce a service credit equal to that officer’s total period of opted out service, including the capitalised value of any rights under the Pensions (Increase) Acts[^f00038]; and the greater of– any transfer value paid to a personal pension scheme in respect of that police officer’s transferred out service by a police authority under regulation 78(4), increased by interest calculated at a rate approved by the Scheme actuary over the period from the date of payment of that transfer value to the assumed calculation date; and the cash equivalent transfer value which would be payable by the police authority in respect of that transferred out service if the police authority were to pay a cash equivalent transfer value in respect of that service determined in accordance with methods and assumptions, notified to them by the Scheme actuary, applicable immediately after the assumed calculation date.

• (8) For the purposes of this regulation, a regular police officer shall be taken–

• (a) to have opted out if, for any period during which that officer is a member of a police force, that officer does not make contributions (including any additional or further contributions which that officer had previously elected to make) in respect of police pension rights but instead makes contributions to a personal pension scheme; and

• (b) to have transferred out if a transfer value is paid in respect of that officer by a police authority to a personal pension scheme,

and “opted out service” and “transferred out service” are to be construed accordingly.

Payment of awards

Authorities responsible for payment of awards

81

• (1) An award which is payable to or in respect of a person by reason of that officer having served as a regular police officer shall be payable by the police authority.

• (2) An award which is payable to or in respect of a pension credit member under Part 6, and any sum paid in commutation of such an award, is payable by the relevant police authority.

Funds out of which and into which payments are to be made

82

• (1) Subject to paragraph (2), all payments for the purposes of these Regulations made by or to a police authority shall be paid out of or into the police fund.

• (2) There shall be paid out of monies provided by Parliament or, as the case may be, into the Scottish Consolidated Fund all payments for the purposes of these Regulations made by or to the Scottish Ministers by reason that the Scottish Ministers are treated as the police authority in relation to an inspector or assistant inspector of constabulary or a police officer engaged on relevant service.

Payment and duration of awards

83

• (1) Subject to the provisions of these Regulations, in particular of–

• (a) regulation 32(4);

• (b) regulation 33;

• (c) regulation 43; and

• (d) regulations 51 to 55,

the pension of a regular police officer shall be payable in respect of each month as from the date of that officer’s retirement.

• (2) Subject to the provisions of these Regulations, a survivor’s pension shall be payable in respect of each month as from the death of the police officer in respect of whom the award is payable or, in the case of a posthumous child such as is mentioned in regulation 40(1)(b)(i), as from the birth of the child, except where the police officer in respect of whom the award is payable was in receipt of a pension and dies during a period in respect of which the officer has already received that officer’s pension, in which case the survivor’s pension shall not be payable before the end of that period.

• (3) Subject to the provisions of these Regulations, in particular of–

• (a) regulation 42(6)(b) and (c);

• (b) regulation 43; and

• (c) regulations 51 to 55,

a pension shall be payable for life and shall be discharged by payments in advance at such reasonable intervals as the police authority may, in their discretion, determine, except that payment on account of a pension may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority in respect of the pension, including any question as to the continuance of that liability.

• (4) Where a person dies after receiving a sum paid in advance on account of a pension, neither the said sum nor any part thereof shall be recoverable although referable to a period after the person’s death.

• (5) Subject to the provisions of these Regulations, a gratuity or award by way of repayment of aggregate pension contributions shall become payable as soon as the entitlement to it arises and shall be paid forthwith in 1 sum, and a lump sum payable upon the retirement of a regular police officer shall be paid within 3 months from the date of retirement, except that–

• (a) any such payment may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority to pay it; and

• (b) where the police authority are satisfied that it would be for the advantage of the beneficiary to pay a gratuity in instalments, they may pay it in instalments of such reasonable amounts and over such reasonable period as they think fit.

Payment of awards otherwise than to beneficiary and application of payments

84

• (1) This regulation applies to the payment of any award to or in respect of a regular police officer or a pension credit member (whether a pension, gratuity or other award) and any reference in this regulation to the beneficiary is a reference to the person to whom, this regulation apart, the award is payable.

• (2) Subject to the provisions of these Regulations, and in particular the following provisions of this regulation, an award shall be payable only to the beneficiary.