When is a Cop Not a Cop? When He is Not in the Execution of His Duty: The Police Pensions Regulations 1987, Principles and Problems

Abstract

This article examines the considerable body of caselaw that has built up concerning the interpretation of the Police Pensions Regulations 1987. Particular problems arise in relation to the interpretation of the term ‘execution of duty’ and the payment of disability pensions and benefits. Only if an injury is received in the execution of duty will additional payments become available to an officer retiring by reason of disability. The interpretation of this term demonstrates one of the fundamental flaws in the Regulations, which is that medical practitioners are required to decide questions of law. Further problems in interpretation have arisen in relation to the availability of judicial review under the Regulations and what are to be regarded as the ordinary duties of a police officer. A review of these areas is also undertaken, leading to the conclusion that the Regulations are ripe for reform.