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Decision on Civil Nuclear Police pension battle

Civil Nuclear Police Federation v Civil Nuclear Police Authority [2016] EWHC 2186 (Admin)

Related Member(s):
Mathew Purchase
Related Practice Area(s):
Employment Law, Police Law
Court:

The term “members of a police force” the Public Service Pensions Act 2013, s 10(2)(b) does not include members of the Civil Nuclear Constabulary. Thus any pension scheme made under or in accordance with that Act in relation to them must have a normal retirement age of 65. The CNC is not primarily engaged in crime prevention, the maintenance of public order nor the investigation of crime. Almost all the members of the CNC are armed unlike the territorial police forces. The CNC and the territorial police forces are under the supervision of a different Secretary of State, the CNC is not supervised by the Home Office. There is a fundamental difference in their employment status namely that officers of the CNC are employees and as such are able to access employment rights pursuant to the relevant legislation in a manner which members of the territorial police force cannot as they are office holders.

Mathew Purchase was involved in this case.