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Police Pensions Act 1976

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11 Interpretation.E+W+S

(1)This Act shall have effect as if any reference (however expressed) to membership of a police force or to service or employment in a police force included a reference to—

[F1(a) service as an officer pursuant to an appointment under section 10 of the M1 Overseas Development and Co-operation Act 1980 [F2 or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 ] ;

(aa)temporary service in accordance with arrangements made under [F3section 26(2) of the Police Act 1996] or [F4engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom] ;

(ab)service in the Royal Ulster Constabulary in respect of which the provisions of [F5section 97 of the Police Act 1996] F6... have effect;]

(b)service as an inspector or assistant inspector of constabulary appointed on or after 1st August 1964; and

F7(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(bd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(be). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(bf). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(bg)service, by a person holding the office of constable, as a member of staff of the [F11Disclosure and Barring Service];]

[F12(bfa)any of the following kinds of temporary service by a constable of the Police Service of Scotland in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—

(i)service as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012;

(ii)service in accordance with section 72(1)(b) or 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012 as an assistant inspector of constabulary or, as the case may be, as a staff officer of the inspectors of constabulary;

(iii)service under the Crown in connection with research or other services connected with the police provided by the Scottish Ministers;

(iv)service with the Scottish Ministers in connection with their functions under Part 5 or 8 of the Proceeds of Crime Act 2002;

(v)service in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002;

(vi)service as a [F13National Crime Agency officer ] ; or

(vii)service in the Police Service of Northern Ireland;

(bfb)service by a person (other than a constable of the Police Service of Scotland) as a member of the Scottish Police Authority’s staff in accordance with arrangements made under paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012 who, immediately before beginning such service, is or is eligible to be a member of a pension scheme provided for under section 1 above;]

F14(bh). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(bi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(bj). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(bk). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(bh) service as the Chief Inspector of the UK Border Agency; ]

[F17(c)central service in respect of which the provisions of section 97 of the Police Act 1996 F18... have effect.]

[F19(ca)eligible service as a National Crime Agency officer.]

[F20(d)service as a senior NCA officer;]

[F21(e)service, by a person to whom section 100A of the Police Act 1996 applies, as a member of the staff of the College of Policing;]

[F22(2)In this Act—

  • police pension authority ” means—

    (a)

    the chief constable of any police force maintained under section 2 of the Police Act 1996;

    (b)

    the Commissioner of Police of the Metropolis;

    (c)

    the Common Council of the City of London in its capacity as a police authority; and

    (d)

    [F23the Scottish Police Authority;]

  • pension supervising authority ” means—

    (a)

    any local policing body within the meaning of the Police Act 1996; and

    (b)

    [F24the Scottish Police Authority.]

(2A)But—]

(a)in relation to any regulations made under the M2Police (Overseas Service) Act 1945 and any service such as is mentioned in subsection (1)(a) above, [F25“police pension authority” or “pension supervising authority”] means the Secretary of State or the Minister of Overseas Development; F26. . .

(b)in relation to any service such as is mentioned in subsection (1) [F27(aa), (ab),] (b) [F28, [F29(bfa)(vii),] (bh)][F30or (c) ] [F30, (c) or (d)] above, [F25“ police pension authority ” or “pension supervising authority”] means [F31, subject to paragraphs [F32(ba)] to (e) below,] the Secretary of State.

[F33(ba)in relation to service of the kind described in section 97(1)(aa) of the Police Act 1996 (c. 16) or [F34mentioned in subsection (1)(bfa)(v) above] , [F25“police pension authority” or “pension supervising authority”] means the [F35Independent Police Complaints Commission] [F35Independent Office for Police Conduct] ;]

[F36(c)in relation to any such service as is mentioned in subsection (1)(bfa)(vi) or subsection (1)(ca) above, or any service of the kind described in section 97(1)(cj) of the Police Act 1996, “police pension authority” means the Director General of the National Crime Agency and “pension supervising authority” means the Secretary of State;]

F37(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39(bg)in relation to any service such as is mentioned in subsection (1)(bg), [F25“police pension authority” or “pension supervising authority”] means the [F40Disclosure and Barring Service] ;]

[F41[F42(h)] in relation to any service such as is mentioned in subsection (1)(bg), (bh), (bi), (bj) or (bk) above, [F25“police pension authority” or “pension supervising authority”] means the Scottish Police Services Authority.]

[F43(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 F44... the College of Policing.]

[F45; and

(j)in relation to any service such as is mentioned in subsection (1)(bfa)(ii), (iii) or (iv), “police pension authority” and “pension supervising authority” means the Scottish Ministers.]

(3) In this Act, except so far as the context otherwise requires, “ police force ” means any police force within the meaning of [F46 the Police Act 1996 ] or the [F47Police Service of Scotland] , and, in respect of—

(a)any person such as is mentioned in section 1(1) of the Police (Overseas Service) Act 1945; and

(b) any person engaged or employed in any service such as is mentioned in subsection (1)( a ), [F48 (aa), (ab), [F49 (ba), (bb), (bc), (bd), ]]F50... [F51(bf),] [F52(bg),] [F53(bfa), (bfb)] [F54(bh),]( b ) [F55(c), (d) or (e)] above;

any body in [F56or with] which that person is serving [F57or, in the case of service such as is mentioned in subsection (1)(bh) [F58or (d)] , the department of the Secretary of State].

(4)This Act shall have effect—

(a)as if commissioners and assistant commissioners of the metropolitan police force and commissioners of the City of London police force were members of those forces respectively; and

(b)in relation to any person who on 5th July 1948 was or had been the surgeon of the City of London police force or a clerk or other person employed in or in connection with that force, as if such surgeons, clerks or other persons employed in or in connection with that force were members of that force;

and references in this Act to membership of a police force shall be construed accordingly.

(5)Except so far as the context otherwise requires, in this Act—

  • [F59central service ”—

    (a)

    means relevant service within paragraph [F60 (aa), ] (b), (c), F61 ... F62 ... [F63 (cf) ] or (d) of section 97(1) of the Police Act 1996, or

    (b)

    F64...

    F64... ]

  • injury ” includes disease;

  • pension ”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a lump sum or a gratuity so payable and a return of contributions; and

  • pension rights ” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

  • [F65“senior NCA officer” means—

    (a)

    the Director General and Deputy Director General of the body known as the National Crime Agency;

    (b)

    the officers of that body who report directly to the Director General or Deputy Director General; and

    (c)

    the Head of the National Cyber Crime Unit in that body;]

  • F66...

[F67(6)References in this Act to the Director General of the National Criminal Intelligence Service and to his service have effect only in relation to cases in which the person in question was a serving police officer for the purposes of section 6 of the Police Act 1997 (c. 50) immediately before his appointment to that office took effect.]

[F68(7)References in this Act to an inspector or assistant inspector of constabulary, and to service as such, do not have effect in relation to cases in which the person in question—

(a)was appointed on or after 1st January 1999, and

(b)did not serve as a member of a police force at any time before his appointment took effect.]

[F69(8)  References in this Act to the Chief Inspector of the UK Border Agency, and to service as such, have effect only in relation to cases in which the person in question—

(a)has held the office of constable, and

(b)immediately before the appointment as Chief Inspector took effect, was serving as a member of a police force (whether or not as a constable).]

[F70(8A)References in this Act to a senior NCA officer or [F71a member of the staff of ] 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.]

[F72(9)A person's service as a National Crime Agency officer is “eligible service” for the purposes of this Act in any of the following cases.

(10)The first case is where—

(a)the person's service as a National Crime Agency officer is—

(i)service as the Director General, or

(ii)service that is designated for this purpose by the Director General, and

(b)the person is (immediately before beginning that service) a member, or eligible to be a member, of a police pension scheme.

(11)The second case is where—

(a)immediately before beginning the service as a National Crime Agency officer, the person—

(i)is serving as a member of the staff of the Serious Organised Crime Agency, and

(ii)by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b)the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

(12)The third case is where—

(a)immediately before beginning the service as a National Crime Agency officer, the person—

(i)is serving as a member of a police force, and

(ii)by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b)the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

(13)In subsections (10) to (12) “police pension scheme” means a pension scheme provided for under—

(a)section 1 above, or

(b)section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 1998.]

Textual Amendments

F1 S. 11(1)(a)(aa)(ab) substituted for s. 11(1)(a) (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(2) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F2 Words in s. 11(1)(a) inserted (17.6.2002) by 2002 c. 1 , s. 19 , Sch. 3 . para. 6(2) (with s. 20, Sch. 5 para. 5); S.I. 2002/1408 , art. 2

F3 Words in s. 11(1)(aa) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(2)(a)

F5 Words in s. 11(1)(ab) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(2)(b)

F17 S. 11(1)(c) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(2)(c)

F27 Words in s. 11(2)(b) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(3) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F30Words in s. 11(2A)(b) substituted (E.W.) (21.12.2012) by The Police (Descriptions of Service) Order 2012 (S.I. 2012/2954), arts. 1(2), 2(3)(b)

F31 Words in s. 11(2)(b) inserted (1.4.1998) by Police Act 1997 (c. 50) , s. 134(1) , Sch. 9 para. 33(2)(b) ; S.I. 1998/354 , art. 2(2)(bb)

F32 Word in s. 11(2)(b) substituted (1.4.2004) by Police Reform Act 2002 (c. 30) , s. 108(2) , Sch. 7 para. 7(2)(a) ; S.I. 2004/913 , art. 2(e)

F35Words in s. 11(2A)(ba) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 62

F42S. 11(2A): "the second paragraph (g) becomes paragraph (h)" (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 132(2); S.I. 2011/3019, art. 3, Sch. 1

F46 Words in s. 11(3) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(4)

F48 Words in s. 11(3)(b) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(4)(a) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F49 Words in s. 11(3)(b) inserted (1.4.2002) by 2001 c. 16 , s. 126(4) ; S.I. 2002/344 , art. 3 (with art. 4 )

F50Words in s. 11(3)(b) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F56 Words in s. 11(3) inserted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29 , ss. 44 , 94(3)(c) , Sch. 5 Pt. II para. 20(4)(b) ; S.I. 1994/3262 , art. 4 , Sch. (with art. 5 )

F59 Definition of “central service” in s. 11(5) substituted (22.8.1996) by 1996 c. 16 , ss. 103 , 104(1) , Sch. 7 Pt. II para. 30(5)

F60 Word in s. 11(5) inserted (1.4.2004) by Police Reform Act 2002 (c. 30) , s. 108(2) , Sch. 7 para. 7(3) ; S.I. 2004/913 , art. 2(e)

F67 S. 11(6) inserted (1.10.2002) by 2002 c. 30 , s. 107 , Sch. 7 para. 7(4) ; S.I. 2002/2306 art. 2(g)(i)(ii)

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