Civil Nuclear Police Federation v Civil Nuclear Police Authority

Civil Nuclear Police Federation v Civil Nuclear Police Authority

The term 'members of a police force' in section 10(2)(b) of the Public Service Pensions Act 2013 must be interpreted in accordance with the Interpretation Act 1978 and the Police Act 1996, which limit the definition to Home Office territorial police forces and exclude the Civil Nuclear Constabulary. No contrary intention appears in the 2013 Act to expand the definition to include the CNC. Therefore, CNC officers are not entitled to a normal retirement age of 60 under section 10(2)(b).

Parties
Claimant: Civil Nuclear Police Federation; Defendant: Civil Nuclear Police Authority; Interested Party: Secretary of State for Energy and Climate Change
Jurisdiction
England and Wales
Judgment Date
31 August 2016
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Public Service Pensions, Police Forces Definition, Retirement Age, Interpretation Act 1978, Public Service Pensions Act 2013
Administrative Law Statutory Interpretation Pensions Law Public Service Pensions Police Forces Definition Retirement Age Interpretation Act 1978 Public Service Pensions Act 2013

Case Brief

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Parties

Civil Nuclear Police Federation

Claimant

Civil Nuclear Police Authority

Defendant

Secretary of State for Energy and Climate Change

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether members of the Civil Nuclear Constabulary (CNC) are 'members of a police force' under section 10 of the Public Service Pensions Act 2013 and thus entitled to a normal retirement age of 60 under any pension scheme made under or in accordance with that Act.

Ratio Decidendi

The term 'members of a police force' in section 10(2)(b) of the Public Service Pensions Act 2013 must be interpreted in accordance with the Interpretation Act 1978 and the Police Act 1996, which limit the definition to Home Office territorial police forces and exclude the Civil Nuclear Constabulary. No contrary intention appears in the 2013 Act to expand the definition to include the CNC. Therefore, CNC officers are not entitled to a normal retirement age of 60 under section 10(2)(b).

Court Disposition

Claim dismissed