Statutory Instruments

2011 No. 3063

Police, England And Wales

Pensions, England And Wales

The Police Pensions (Amendment) Regulations 2011

Made

20th December 2011

Laid before Parliament

23rd December 2011

Coming into force

16th January 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 8A of the Police Pensions Act 1976( 1 ).

In accordance with section 1(1) of that Act, the Treasury( 2 ) have consented to the making of these Regulations and the Secretary of State has consulted with the Police Negotiating Board for the United Kingdom( 3 ).

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 2011 and come into force on 16th January 2012.

(2) These Regulations extend to England and Wales.

Amendments to Regulations

2. The Regulations listed in the Schedule are amended as follows.

3. Subject to the following provisions of these Regulations, for “police authority”, in each place in the Regulations listed in the Schedule where those words appear, substitute “police pension authority”.

4. Regulation 3 does not apply to any instance where the words “police authority” are followed by the words “for Northern Ireland”.

5. —(1)The Police Pensions Regulations 1987( 4 ) are further amended as follows.

(2) In regulation A6 (meaning of certain expressions in relation to persons who are not members of a home police force)—

(a) in paragraph (5), for “police authority” substitute “police authority or pension supervising authority”;

(b) in paragraph (5B)(b), for “police authority” substitute “police authority or pension supervising authority”;

(3) In regulation A16 (transfers)—

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

(b) in sub-paragraph (b), for “police authority” (in the second place) substitute “pension supervising authority”.

(4) For regulation A18(2) (compulsory retirement on grounds of age) substitute—

“ (2) The time at which, under paragraph (1), 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. ” .

(5) After regulation A21 (effective date of retirement) insert—

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

A22. —(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. ” .

(6) In regulation K5 (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 member of a police force of” substitute “the pension supervising authority in respect of”;

(7) In regulation H5 (appeal by a member of a home police force), in paragraph (1), for “police authority” (in the third place) substitute “pension supervising authority”.

(8) In regulation H6 (appeal by overseas policeman, inspector of constabulary or central police officer), in paragraph (2), for “police authority” (in the third place) substitute “pension supervising authority”.

(9) In Schedule A (glossary of expressions)—

(a) after the definition of “pension sharing order or provision” insert—

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

(b) omit the definition of “police authority”;

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

6. —(1)The Police Pensions Regulations 2006( 5 ) 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”;

(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,

(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;

(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

(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”;

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

7. —(1)The Police (Injury Benefits) Regulations 2006( 6 ) 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 (4)(b), for “police authority” substitute “police pension authority or pension supervising authority”;

(3) After regulation 8 (disablement, death or treatment in hospital the result of an injury) insert—

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

8A. —(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,

(4) In regulation 34 (appeal by a member of a home police force), for “police authority” (in the third place) substitute “pension supervising authority”.

(5) In regulation 35 (appeal by inspector of constabulary or police officer engaged on relevant service and any other overseas policeman), in paragraph (2), for “police authority” (in the third place) substitute “pension supervising authority”.

(6) In regulation 40 (forfeiture)—

(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 member of a police force of” substitute “The pension supervising authority in respect of”; and

(7) In regulation 42(1) at the end insert “and for the purposes of this paragraph “police fund” has the same meaning as in those Regulations”.

8. —(1)The Police Pension Fund Regulations 2007( 7 ) are further amended as follows.

(2) In regulation 2—

(a) omit the definition of “police authority”;

(b) for the definition of “police fund” substitute—

“ “police fund” means—

(a)

in relation to a police force maintained under section 2 of the Police Act 1996, the sums provided to the Chief Officer of Police by the elected local policing body to pay police pensions;

(b)

in relation to the City of London police force, the fund out of which the expenses of that force are paid;

(c)

in relation to the Secretary of State—

(i)

in the case of transfers from, or awards or sums payable out of, the police fund, moneys provided by Parliament, and

(ii)

in the case of transfers into the police fund, the Consolidated Fund;

(d)

in relation to SOCA , the account established and maintained by SOCA and known as the income and expenditure account; and

(e)

in relation to NPIA , the account established and maintained by NPIA and known as the income and expenditure account;

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

(3) Omit regulations 12(2) and (3), 12A(2) and 12B(2).

Transitional and transitory provision

9. —(1) Anything done, or treated as done, by or in relation to a police authority in pursuance of a relevant function before these Regulations come into force has effect as if it was done by or in relation to the police pension authority or pension supervising authority which assumes that function by virtue of these Regulations.

(2) In paragraph (1) “relevant function” means any function of a police authority under the Regulations listed in the Schedule.

“ (a) in relation to the metropolitan police force, the funds provided to the Commissioner of Police of the Metropolis by the Mayor’s Office for Policing and Crime to pay police pensions, and in relation to any other police force maintained under section 2 of the 1996 Act, the fund kept by that force’s police authority under section 14 of the 1996 Act; ” .

Nick Herbert

Minister of State

Home Office

20th December 2011

We consent

Michael Fabricant

Brooks Newmark

Two of the Lords Commissioners of Her Majesty’s Treasury

20th December 2011

Regulation 2

SCHEDULE

The following Regulations are listed for the purposes of regulation 2—

(a) the Police Pensions (War Service) Regulations 1979( 9 );

(b) the Police Pensions (War Service) (Transferees) Regulations 1985( 10 );

(d) the Police Pensions (Purchase of Increased Benefits) Regulations 1987( 11 );

(e) the Police Pensions (Additional Voluntary Contributions) Regulations 1991( 12 );

(f) the Police Pensions (Provision of Information) Regulations 1997( 13 );

(g) the Police Pensions (Part-time Service) Regulations 2005( 14 );

(h) the Police (Injury Benefits) Regulations 2006;

(i) the Police Pensions Regulations 2006;

(j) the Police Pension Fund Regulations 2007.

( 1 )

1976 c. 35 . Relevant extensions to the powers conferred by section 1 are in sections 1, 4, 6 and 7 of the Police Pensions Act 1976. Section 1 was amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10) , paragraph 28 of Schedule 7 to the Police Act 1996 (c. 16) , section 1(1) of the Police and Firemen’s Pensions Act 1997 (c. 52) and prospectively by paragraph 129 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) ; section 7 was amended by paragraph 19 of Part II of Schedule 5 to the Police and Magistrates’ Courts Act 1994 (c. 29) , paragraph 29 of Schedule 7 to the Police Act 1996, section 1(2) of the Police and Firemen’s Pensions Act 1997, section 78(2)(f) of the Police (Northern Ireland) Act 2000 (c. 32) , section 126(1) of and paragraph 6(1) and (2) of Schedule 4 to the Criminal Justice and Police Act 2001 (c.16) , paragraph 6(1) of Schedule 3 to the International Development Act 2002 (c.1) , paragraph 30 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) , paragraph 58 of Part 7 of Schedule 1 and Part 1(A) of Schedule 15 to the Police and Justice Act 2006 (c. 48) , paragraph 11(2) of Part 2 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) and paragraph 2(2) of Part 1 of the Schedule to S.I. 2007/1098 . Section 8A was inserted by section 2 the Police and Firemen’s Pensions Act 1997 and amended by article 109 of S.I. 2001/3649 and prospectively by paragraph 131 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.