44.
reckoning by constables of overseas police service
(1) A member of a police force of the rank
of constable shall be entitled to reckon for the purposes of pay for
that rank the following periods of service, that is to say, any period
of-
(a) certified overseas police service such as is mentioned in paragraph
(2);
(b) certified service in the British South Africa Police such as is
mentioned in paragraph (3);
(c) such service in a police force in the Channel Islands or the Isle
of Man as is mentioned in paragraph (4),
notwithstanding that such service is not service in the rank of constable
in a police force in Great Britain.
(2) The reference in paragraph (1) to certified overseas police service
is a reference to-
(a) continuous service as a member of a police force in any territory
or country outside the United Kingdom, being a colony, protectorate
or protected state within the meaning of the British Nationality Act
1948(a), a dependent territory within the meaning of the British Nationality
Act 1981(b) or, where appropriate, the territory or country wherein
the colony, protectorate or protected state or dependent territory
was incorporated after the inception of the service, subject to it
having been certified by or on behalf of the Secretary of State that-
(i) the service was, at its inception, pensionable; and
(ii) in his opinion the person concerned ceased so to serve for reasons
connected with constitutional developments in the territory or country
in question; or
(b) continuous service for 6 years or more as a member of a police
force outside the United Kingdom, subject to it having been certified
by or on behalf of the Secretary of State that-
(i) the person concerned so served under a contract of service;
(ii) immediately before the person ceased so to serve, the person
concerned was, for the purposes of section 12 of the Overseas Development
and Co-operation Act 1980(c), a person designated in accordance with
such an agreement as is therein mentioned; and
(iii) in his opinion the person concerned ceased so to serve for reasons
connected with constitutional developments in the territory or country
in question,
except that the said reference in paragraph (1) does not include a
reference to service relevant under section 3AA(1)(e) or (f) of the
1967 Act where that member has a right of reversion under section
38A(3).
(3) The reference in paragraph (1) to certified service in the British
South Africa Police is a reference to continuous service as a member
thereof, for a period which included 11th November 1965, up to such
time, or after that date, as the person concerned ceased to perform
duties therein, subject to his having ceased to perform those duties
before 2nd March 1970 and subject to it having been certified by or
on behalf of the Scottish Ministers that he approves the application
of this regulation in the case of the person concerned.
(4) The reference in paragraph (1) to service in a police force in
the Channel Islands or the Isle of Man is a reference to service in-
(a) the Island police force maintained under the Police Force (Guernsey)
Law 1986;
(b) the States of Jersey police force maintained under the Jersey
Laws entitled the Police Force (Jersey) Law 1974; or
(c) the Isle of Man Constabulary maintained under the Police Act 1993
(an Act of Tynwald).
(5) A certificate given by or on behalf of-
(a) the Secretary for Technical Co-operation before 27th November
1964; or
(b) the Minister of Overseas Development on or after that date but
before 12th November 1970,
shall be treated for the purposes of paragraph (2) as if it had been
given by or on behalf of the Secretary of State.
(a) 1948 c.56.
(b) 1981 c.61
(c) 1980 c.63. Section 12 was repealed by Schedule 4 to the International
Development Act 2002 (c.1) but, by virtue of paragraph 4 of Schedule
5 to that Act the repeal does not prevent any agreement entered into
under section 12 from continuing to have effect.
