15BDischarge of members medically unfit

15B Discharge of members medically unfit

15B Discharge of members medically unfit

(1) This section applies to a member of the police force—

(a) who is on sick leave, and

(b) who, during the previous 18 months, has been on sick leave for a total period of at least 12 months, and

(c) whose health, in the opinion of a medical practitioner, is not likely to improve sufficiently to enable the member to return to duty, and

(d) who is to be discharged if STC certifies that the member is incapable, from infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990.

(2) On application by the Commissioner of Police, STC is to determine whether to issue such a certificate in relation to any infirmity to which the application relates.

(3) Before STC considers an application under this section, the Commissioner of Police is to provide a copy of the application (and of all supporting information included in the application by the Commissioner) to the member of the police force to whom the application relates.

(4) If a member of the police force has been on sick leave for a total period of at least 8 months during the previous 18 months, the Commissioner of Police may provide the copy of the application in anticipation of the member remaining on sick leave for a further 4 months and the member’s health not improving sufficiently to enable the member to return to duty.

(5) When providing the copy of the application, the Commissioner of Police is to give the member 28 days in which to notify the Commissioner whether any other infirmities should be included in the application and whether a determination is sought that any infirmities of the member were caused by the member having been hurt on duty.

(6) The Commissioner of Police is to include in the application under this section all relevant infirmities of which the Commissioner is aware (including any infirmities that the member duly notifies the Commissioner should be included in the application).

(7) If the application under this section is changed after a copy is provided to the member, the Commissioner of Police is to provide a copy of the revised application to the member. Subsection (5) does not apply to the provision of the revised application.