Statutory Instruments
2012 No. 2954
Police, England And Wales
Pensions, England And Wales
The Police (Descriptions of Service) Order 2012
Made
26th November 2012
Laid before Parliament
28th November 2012
Coming into force
21st December 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 11A(1) of the Police Pensions Act 1976( 1 ) and section 97A(1) of the Police Act 1996( 2 ).
In accordance with section 63(3) of the Police Act 1996( 3 ), the Secretary of State supplied a draft of this Order to the Police Advisory Board for England and Wales and took their representations into consideration before the Order was made.
Citation, commencement and extent
1. —(1) This Order may be cited as the Police (Descriptions of Service) Order 2012.
(2) This Order comes into force on 21st December 2012.
(3) This Order extends to England and Wales.
Amendments to the Police Pensions Act 1976
2. —(1)The Police Pensions Act 1976 is amended as follows.
(2) In section 7(2) (persons eligible for police pensions)( 4 ) after paragraph (d) insert—
“ (e) a person serving as a senior NCA officer;
(f) a person serving as Chief Executive of the body known as the College of Policing; ” .
(3) In section 11 (interpretation)( 5 )—
(a) in subsection (1) (references to membership of a police force etc ), at the end insert—
“ (d) service as a senior NCA officer;
(e) service as Chief Executive of the body known as the College of Policing. ” ;
(b) in subsection (2A)(b) (identity of police pension authority and pension supervising authority), for “or (c)” substitute “, (c) or (d)”;
(c) at the end of subsection (2A) insert—
“ (i) in relation to any service such as is mentioned in subsection (1)(e) or any service of the kind described in section 97(1)(i) of the Police Act 1996, “police pension authority” or “pension supervising authority” means the body known as the College of Policing. ” ;
(d) in subsection (3) (meaning of “police force”)—
(i) in paragraph (b), for “or (c)” substitute “(c), (d) or (e)”;
(ii) after “service such as is mentioned in subsection (1)(bh)” insert “or (d)”;
(e) in subsection (5), after the definition of “pension rights” insert—
“ “senior NCA officer” means—
the Director General and Deputy Director General of the body known as the National Crime Agency;
the officers of that body who report directly to the Director General or Deputy Director General; and
the Head of the National Cyber Crime Unit in that body; ” ;
(f) After subsection (8) insert—
“ (8A) References in this Act to a senior NCA officer or the Chief Executive of the body known as the College of Policing, and to service as such, have effect only in relation to cases where the person in question is (immediately before beginning that service) a member, or eligible to be a member, of a pension scheme provided for under section 1 above or section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 1998 ( 6 ) . ” .
Amendments to the Police Act 1996
3. —(1)Section 97 of the Police Act 1996 (police officers engaged on service outside their force)( 7 ) is amended as follows.
(2) In subsection (1) (relevant service), at the end insert—
“ (i) temporary service with the body known as the College of Policing on which a person is engaged with the consent of the appropriate authority; ” .
(3) In subsection (6) (discipline), in paragraph (a), for “or (h)” substitute “, (h) or (i),”.
(4) In subsection (8) (office of constable etc), for “or (d)” substitute “, (d) or (i)”.
Amendments to the Police Pensions Regulations 1987
4. —(1)Schedule A to the Police Pensions Regulations 1987( 8 ) (glossary of expressions) is amended as follows( 9 ).
(2) In the definition of “member of a police force”, after sub-paragraph (g) insert—
“ (h) a senior NCA officer;
(i) the chief executive of the body known as the College of Policing; ” .
(3) In the definition of “regular policeman”, after sub-paragraph (f) insert—
“ (g) a senior NCA officer;
(h) the chief executive of the body known as the College of Policing; ” .
(4) After the definition of “secured portion” and “unsecured portion”, insert—
“ “senior NCA officer” means—
the Director General and Deputy Director General of the body known as the National Crime Agency;
the officers of that body who report directly to the Director General or Deputy Director General; and
the Head of the National Cyber Crime Unit in that body; ” .
Jeremy Browne
Minister of State
Home Office
26th November 2012
1976 c. 35 . Section 11A was inserted by section 10(2) of the Policing and Crime Act 2009 (c. 26) , and extends to England and Wales.
1996 c. 16 . Again section 97A was inserted by section 10(2) of the Policing and Crime Act 2009 and extends to England and Wales.
Section 63(3) was amended by section 10(3) of the Policing and Crime Act 2009 so as to apply to an order made under section 11A of the Police Pensions Act 1976 or section 97A of the Police Act 1996.
Section 7(2) was amended by the Police and Magistrates’ Courts Act 1994 (c. 29) , the Police Act 1996, the Police (Northern Ireland) Act 2000 (c. 32) , the Criminal Justice and Police Act 2001 (c. 16) , the International Development Act 2002 (c. 1) , the Serious Organised Crime and Police Act 2005 (c. 15) , the Safeguarding Vulnerable Groups Act 2006 (c. 47) , the Police and Justice Act 2006 (c. 48) and S.I. 2010/899 so as to reflect the addition of further descriptions of service to section 11(1) by virtue of the same enactments.
Section 11(1) was amended as described in the footnote relating to section 7(2); consequential amendments were made by the same enactments to sections 11(2) and (3). Section 11(2) was further amended and divided, creating section 11(2A), by the Police Reform and Social Responsibility Act 2011 (c. 13) .
1998 c. 32 . Sections 25(2)(k) and 26(2)(g) were amended by paragraph 23 of Schedule 6 to the Police (Northern Ireland) Act 2000.
Section 97(1) was amended by the Police Act 1997 (c. 50) , the Police (Northern Ireland) Act 1998, the Police (Northern Ireland) Act 2000, the Criminal Justice and Police Act 2001, the Proceeds of Crime Act 2002 (c. 29) , the Police Reform Act 2002 (c. 30) , the International Development Act 2002, the Serious Organised Crime and Police Act 2005, the Police and Justice Act 2006, the Safeguarding Vulnerable Groups Act 2006, the Serious Crime Act 2007 (c. 27) , the Policing and Crime Act 2009 and S.I. 2007/1098 in order to add, vary or remove descriptions of service. Consequential amendments were made by some of these enactments to section 97(6) and (8).
S.I. 1987/257 . Relevant amendments were made to Schedule A by S.I. 2000/1549 , S.I. 2008/1887 and S.I. 2009/2060 .
Consequential, incidental or supplemental provision, including provision amending any enactment, is permitted by section 11A(2) and (3) of the Police Pensions Act 1976.
HL Bill 4.