Joint Committee on Statutory Instruments Nineteenth Report



Memorandum by the Home Office

1.  The Joint Committee has requested a memorandum on the following point.

    New regulation F11(7) (inserted by regulation 3) defines "the material date" as the date on which the police authority is asked to provide the calculation of the restitution payment. Are the underlined words intended to refer to the notice given under new regulation F11(2)? If so, do those words refer to the date on which the notice is given or the date on which the authority receives the notice?

2.  The underlined words do not refer to the notice given under new regulation F11(2). A notice under regulation F11(2) is the mechanism by which a police officer who has suffered actionable loss through membership of a personal pension scheme is reinstated to police pension arrangements. It is served on the police authority by the police officer. By contrast, a request for calculation of the restitution payment will normally be made by the personal pension provider and in that event the request will be made in reliance on section 8A of the Police Pensions Act 1976, as inserted by the Police and Firemen's Pensions Act 1997 (c.52), and as read with the Police Pensions (Provision of Information) Regulations 1997 (SI 1997/1912). The request will usually have been made before the police officer gives notice under regulation F11(2).

3.  The definition of "material date" is identical in all material respects to the definition of the same expression in paragraph 5(b) of Schedule K2 to the Local Government Pension Scheme Regulations 1995 (SI 1995/1019), as inserted by the Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997 (SI 1997/954). The definition will therefore be interpreted in the same way as the definition in those regulations. That is to say, a police authority will be regarded as having been asked to provide a calculation of a restitution payment when a request for such a calculation is received by the police authority.

5th January 1998

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