SCHEDULE
Article 2
Consequential Amendments
The Police Pensions Regulations 1987
1. The Police Pensions Regulations 1987 are amended as follows.
2.—(1) Regulation A6 is amended in accordance with this paragraph.
(2) In paragraph (5A), for “specified employee of SOCA” substitute “specified NCA officer”.
(3) For paragraph (5B) substitute—
“5B In relation to a specified NCA officer, any reference in these Regulations—
(a) to a force shall be construed as a reference to the NCA;
(b) to a police pension authority shall be construed as a reference to the Director General of the NCA;
(c) to a pension supervising authority shall be construed as a reference to the Secretary of State.”.
(4) For paragraph (5C) substitute—
“5C For the purposes of regulation A4(3) to (6)—
(a) a specified NCA officer shall be deemed to hold the rank of a member of a home police force (other than the metropolitan police force) equivalent to his grade as set out in the following table—
Grade |
Equivalent rank |
5 |
Constable |
4 |
Sergeant |
3 |
Inspector (but not chief inspector) |
2 |
Superintendent (but not chief superintendent) |
1 |
Chief superintendent |
(b) a specified NCA officer with a grade which is higher than 1 shall be deemed to hold the rank of assistant chief constable.”.
(5) Omit paragraphs (5D), (5E) and (5F).
3. For regulation A12(2A) substitute—
“2A In the application of paragraph (2) to a specified NCA officer, the reference to “the ordinary duties of a member of the force” shall be construed as a reference to the ordinary duties of a member of the home police force in which the person last served before becoming a specified NCA officer.”.
4.—(1) Regulation A16 is amended in accordance with this paragraph.
(2) For sub-paragraph (f) substitute—
“(f)
“(f) being a specified NCA officer, leaving the NCA for the purpose of joining a home police force as a regular policeman and joining that force in that capacity, where he leaves the NCA after giving notice of such period as required by his terms and conditions of employment of his intention to do so to the police pension authority or after giving such shorter period of notice as may be agreed between the officer and the authority.”.
(3) Omit sub-paragraphs (g) and (h).
5.—(1) Regulation A17(1) is amended in accordance with this paragraph.
(2) For sub-paragraph (aa) substitute—
“(aa)
“(aa) to the contract under which a specified NCA officer is employed by the NCA being terminated;”.
(3) Omit sub-paragraph (ab).
(4) For sub-paragraph (f) substitute—
“(f)
“(f) on becoming a specified NCA officer;”.
(5) Omit sub-paragraph (g).
6. For regulation A18(4) substitute—
“4 This regulation shall not apply to a specified NCA officer.”.
7. In regulation A19(1), for “, specified employee of SOCA or employed constable of NPIA” substitute “specified NCA officer”.
8. For regulation B1(3A) substitute—
“3A This regulation shall not apply to a specified NCA officer who retires or retired without giving to the police pension authority notice of such period as required by his terms and conditions of employment of an intention to retire or such shorter period of notice as agreed between the officer and the authority, unless the authority has decided that this regulation should apply or the officer’s contract of employment is or was terminated.”.
9.—(1) Regulation B2A is amended in accordance with this paragraph.
(2) For paragraph (5) substitute—
“5 A specified NCA officer who wishes to retire voluntarily must give to the police pension authority notice of such period as required by his terms and conditions of employment of his intention to retire or such shorter period of notice as may be agreed between the officer and the authority.”.
(3) Omit paragraph (6).
10. For regulation E8(2A)(b) substitute—
“(b)
“(b) so much as is attributable to the week of any allowances to which he was entitled under Schedule 3 to the Police Regulations 200312or, in the case of a specified NCA officer, the equivalent allowances to which he was entitled under his terms and conditions of employment.”.
11. For regulation G1(1) substitute—
“1 Subject to paragraph (1A), the pensionable pay of a member of a police force at any time means his pay at the rate to which he is or was then entitled, account being taken of any retrospective increase in that rate, except that during a period of part-time service in a rank below that of superintendent it means so much of his pay at that rate as is attributable to his determined hours (within the meaning of the determination made by the Secretary of State under regulation 22 of the Police Regulations 2003), and during any period in which a member of a police force is a specified NCA officer, it means the pay at the rate to which he is or was then entitled under his terms and conditions of employment, account being taken of any retrospective increase in that rate.”.
12. For regulation K1(1)(d) substitute—
“(d)
“(d) he was not, immediately before he retired with the ill-health pension, a specified NCA officer,”.
13. Omit regulation K4(3).
14.—(1) Schedule A is amended in accordance with this paragraph.
(2) Omit the definition of “an employed constable of NPIA”.
(3) For the definition of “maternity leave” substitute—
““maternity leave” has the same meaning as in regulation 3 of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of maternity leave taken by that officer whilst employed by the NCA;”.
(4) In the definition of “member of a police force”—
(a)
(a) for sub-paragraph (f) substitute—
“(f)
“(f) a specified NCA officer;”;
(b)
(b) omit sub-paragraphs (g) and (h).
(5) After the definition of “member of this scheme” insert—
““NCA” means the National Crime Agency;”.
(6) Omit the definition of “NPIA”.
(7) For the definition of “parental leave” substitute—
““parental leave” means leave granted in accordance with regulation 33(8) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of parental leave taken by that officer whilst employed by the NCA;”.
(8) For the definition of “part-time service” substitute—
““part-time service” means service as a regular policeman performed pursuant to an appointment under regulation 5(1) of the Police Regulations 2003 or any other part-time service as a regular policeman or part-time employment as a specified NCA officer;”.
(9) In the definition of “regular policeman”—
(a)
(a) for sub-paragraph (e) substitute—
“(e)
“(e) a specified NCA officer;”;
(b)
(b) omit sub-paragraphs (f) and (g).
(10) Omit the definition of “senior NCA officer”.
(11) For the definition of “sick leave” substitute—
““sick leave” means leave taken in accordance with regulation 33(5) of the Police Regulations 2003, except that in relation to a specified NCA officer it means any period of sick leave taken by that officer whilst employed by the NCA;”.
(12) For the definition of “specified employee of SOCA” substitute—
““specified NCA officer” means an NCA officer whose service as such is eligible service within the meaning of section 11(9) to (13) of the Act;”.
The Royal Ulster Constabulary Pensions Regulations 1988
15. The Royal Ulster Constabulary Pensions Regulations 198813are amended as follows.
16.—(1) Regulation A13B is amended in accordance with this paragraph.
(2) For the heading substitute—
“National Crime Agency”.
(3) In paragraph (1), for “specified employee of SOCA” substitute “specified NCA officer”.
(4) In paragraph (2)—
(a)
(a) in the words before sub-paragraph (a), for “specified employee of SOCA” substitute “specified NCA officer”;
(b)
(b) in sub-paragraph (a), for “SOCA” substitute “NCA”;
(c)
(c) in sub-paragraph (b), for “SOCA” substitute “NCA”.
(5) In paragraph (3)—
(a)
(a) in sub-paragraph (a)—
(i) for “specified employee of SOCA” substitute “specified NCA officer”;
(ii) for “SOCA” (in the second place) substitute “NCA”;
(iii) in the...
