Superannuation Act 1972 (c. 11)

Superannuation Act 1972

1972 c. 11

An Act to amend the law relating to pensions and other similar benefits payable to or in respect of persons in certain employment; to provide for distribution without proof of title of certain sums due to or in respect of certain deceased persons; to abolish the Civil Service Committee for Northern Ireland; to repeal section 6 of the Appropriation Act 1957; and for purposes connected with the matters aforesaid.

[1st March 1972]

Annotations:
Modifications etc. (not altering text)
C1	Power to modify conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(2)(3)( c ) Power to modify conferred (7.2.1994) by Pensions Schemes Act 1993 (c. 48), ss. 188-190, Sch. 6 Pt. II para. 17(3)(C); S.I. 1994/86, art. 2 Act modified (E.W.S.) (1.12.1993) by S.I. 1993/2714, regs. 9(4)(a), 10.
C2	Act excluded (S.) (1.2.2000) by 2000 asp 1, s. 10(6), Sch. 2 para. 8(4)(a); S.S.I. 2000/10, art. 2(2) Act excluded (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(4)(a) (with s. 32); S.S.I. 2000/312, art. 2 Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
Commencement Information
I1	Act not in force at Royal Assent see section 30(4); Act wholly in force at 25.3.1972.

Persons employed in the civil service, etc.

Superannuation schemes as respects civil servants, etc.

— (1) The Minister for the Civil Service (in this Act referred to as “ the Minister ” ) —

(a)

may make, maintain, and administer schemes (whether contributory or not) whereby provision is made with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the scheme, are to be paid, or may be paid, by the Minister to or in respect of such of the persons to whom this section applies as he may determine;

(b)

may, in relation to such persons as any such scheme may provide, pay or receive transfer values;

(c)

may make, in such circumstances as any such scheme may provide, payments by way of a return of contributions, with or without interest; and

(d)

may make such payments as he thinks fit towards the provision, otherwise than by virtue of such a scheme, of superannuation benefits for or in respect of such of the persons to whom this section applies as he may determine.

(2) The Minister may, to such extent and subject to such conditions as he thinks fit, delegate to any other Minister or officer of the Crown any functions exercisable by him by virtue of this section or any scheme made thereunder.

[ F1 ( 2A ) Where a money purchase scheme under this section includes provision enabling a member to elect for the benefits which are to be provided to or in respect of him to be purchased from any authorised provider whom he may specify, then —

( a )

notwithstanding subsection ( 1 ) ( a ) above, the scheme may make provision for the making of such an election to have the effect, in such cases as the scheme may specify, of discharging any liability of the Treasury to pay those benefits to or in respect of that member; but

( b )

the scheme shall not be so framed as to have the effect that benefits under it may only be provided in a manner which discharges that liability of the Treasury. ]

[ F2 ( 2B ) The Minister may, to such extent and subject to such conditions as he thinks fit, delegate to the Scottish Parliamentary Corporate Body any function exercisable by him by virtue of this section or any scheme made thereunder so far as that function or scheme relates to any employees of that Body. ]

(3) Before making any scheme under this section the Minister, or, if the Minister so directs in relation to a particular scheme [ F3 ( other than a scheme mentioned in subsection ( 3A ) below ) ] , another Minister of the Crown specified in the direction, shall consult with persons appearing to the Minister or that other Minister, as the case may be, to represent persons likely to be affected by the proposed scheme or with the last-mentioned persons.

[ F2 ( 3A ) Before making any scheme under this section relating to any employees of the Scottish Parliamentary Corporate Body ( referred to as “ the Parliamentary corporation ” ) the Minister, or, if the Minister so directs, the Parliamentary corporation, shall consult with –

( a )

persons appearing to the Minister or the Parliamentary corporation, as the case may be, to represent persons likely to be affected by the proposed scheme, or

( b )

the last-mentioned persons. ]

(4) This section applies to persons serving —

(a)

in employment in the civil service of the State; or

(b)

in employment of any of the kinds listed in Schedule 1 to this Act; or

(c)

in an office so listed.

(5) Subject to subsection (6) below, the Minister may by order —

(a)

add any employment to those listed in the said Schedule 1, being employment by a body or in an institution specified in the order,

(b)

add any office so specified to the offices so listed, or

(c)

remove any employment or office from the employments or offices so listed.

(6) No employment or office shall be added to those listed in the said Schedule 1 unless the remuneration of persons serving in that employment or office is paid out of moneys provided by Parliament [ F4 the Consolidated Fund or the Scottish Consolidated Fund ] .

(7) Notwithstanding subsection (6) above, the Minister may by order provide that this section shall apply to persons serving in employment which is remunerated out of a fund specified in the order, being a fund established by or under an Act of Parliament.

(8) An order under subsection (5) or (7) above —

(a)

may be made so as to have effect as from a date before the making of the order;

(b)

may include transitional and other supplemental provisions;

(c)

may vary or revoke a previous order made under that subsection; and

(d)

shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[ F5 ( 9 ) In this section —

[ F6 “ authorised provider ” , in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means —

( a )

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;

( b )

an EEA firm of a kind mentioned in paragraph 5 ( a ) , ( b ) or ( c ) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule ( as a result of qualifying for authorisation under paragraph 12 of that Schedule ) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in subsection ( 9B ) , ( 9C ) or ( 9D ) ; or

( c )

an EEA firm of a kind mentioned in paragraph 5 ( d ) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule ( as a result of qualifying for authorisation under paragraph 12 of that Schedule ) to invest such sums or, as the case may be, to provide that benefit; ]

“ money purchase scheme ” [ F7 has the meaning given by section 181 ( 1 ) of the Pension Schemes Act 1993 ] ]

[ F8 ( 9A ) In subsection ( 9 ) , the definition of “ authorised provider ” must be read with —

( a )

section 22 of the Financial Services and Markets Act 2000;

( b )

any relevant order under that section; and

( c )

Schedule 2 to that Act.

( 9B ) If the EEA firm concerned is of the kind mentioned in paragraph 5 ( a ) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are —

( a )

that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or C of the Annex to the Investment Services Directive; and

( b )

that the firm is authorised by its home state authorisation to carry on that service.

( 9C ) If the EEA firm concerned is of the kind mentioned in paragraph 5 ( b ) of that Schedule, the conditions are-

( a )

that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; and

( b )

that the activity in question is one in relation to which an authority in the firm ’ s home State has regulatory functions.

( 9D ) If the EEA firm concerned is of the kind mentioned in paragraph 5 ( c ) of that Schedule, the conditions are —

( a )

that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;

( b )

that the activity in question is one in relation to which an authority in the firm ’ s home State has regulatory functions; and

( c )

that the firm also carries on the activity in question in its home State.

( 9E ) Expressions used in subsections ( 9B ) to ( 9D ) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meaning in those subsections as they have in that Schedule. ]

Annotations:
Amendments (Textual)
F1	S. 1(2A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 01A:3), s. 8(1)
F2	S. 1(2B)(3A) inserted (27.7.2000) by S.I. 2000/2040, art. 2(1), Sch. Pt. I para. 5(2)(4) (with art. 3)
F3	Words in s. 1(3) inserted (27.7.2000) by S.I. 2000/2040, art. 2(1), Sch. Pt. I para. 5(3) (with art. 3)
F4	Words in s. 1(6) substituted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 14 (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3
F5	S. 1(9) added by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 8(2)
F6	s. 1(9): definition of “ authorised provider ” substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 106(2)
F7	Words in definition of “ money purchase scheme ” in s. 1(9) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 6 (with s. 6(8)); S.I. 1994/86, art. 2
F8	s. 1(9A)-(9E) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 106(3)
Modifications etc. (not altering text)
C3	S. 1 extended (01.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 52(2), Sch. 5, para. 5(3)(with s. 79(1)); S.I. 1991/2054, art. 3, Sch.
C4	S. 1 extended by Judicature (Northern Ireland) Act 1978 (c. 23), s. 72(1)
C5	S. 1 extended (E.W.) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 47, Sch. 13 para. 10(1)
C6	S. 1 extended by National Audit Act 1983 (c. 44, SIF 99:1), s. 3(4)
C7	S. 1 extended (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 4(6), 15(4)
C8	S. 1 extended by British Council and Commonwealth Institute Superannuation Act 1986 (c.51, SIF 101A:1), s. 1(1)(2)
C9	S. 1 extended by S.I. 1987/938 (N.I.10), art. 3(2), Sch. 1 Pt. I para. 8
C10	S. 1 extended (E.W.S.) by Employment Act 1988 (c. 19, SIF 43:5), s. 19,Sch. 1 para. 5
C11	S. 1 extended (E.W.) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 224(1) S. 1 extended (1.10.1993) by 1993 c. 35, s. 244, Sch. 14 para. 11(1); S.I. 1993/1975, art. 9, Sch. 1. S. 1 extended (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 46; S.I. 1994/507, art. 4(1), Sch. 2 S. 1 extended (21.12.1993) by 1993 c. 38, ss. 4, 36(1), Sch. 1, para. 9(1). S. 1 extended (E.W.S.) (19.9.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I para. 3(6) (with s. 40(7)); S.I. 1994/2189, art. 2, Sch. S. 1 extended (E.W.) (29.1994) by 1994 c. 30, s. 2(5), Sch. 1 para. 7(1); S.I. 1994/2204, art. 2(1) S. 1 extended (1.7.1996) by 1991 c. 53, s. 32(7), Sch. 5 para. 6(1) (as substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 70; S.I. 1996/1608, art. 2) S. 1 extended (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 12(1) (with s. 121(5)); S.I. 1996/778, art. 2(3), Sch. Pt. III S. 1 extended (1.8.1996) by 1995 c. 26, s. 78(8), Sch. 2 para. 11(1) (with s. 121(5)); S.I. 1996/1412, art. 2, Sch. Pt. I S. 1 extended (E.W.N.I.) (1.1.1997) by 1995 c. 35, s. 8, Sch. 1 para. 4(3); S.I. 1996/3149, art. 3 S. 1 excluded (1.4.1995) by S.I. 1995/365, reg. R11(2) S. 1 extended (1.1.1996) by S.I. 1995/3275, reg. 57, Sch. 10 Pt. I para. 1 S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 20, 21, 583(2), Sch. 2 para. 9(1) (with ss. 1(4), 561, 562, Sch. 39) S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 30 para. 10(1) (with ss. 1(4), 561, 562, Sch. 39) S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 358, 583(2), Sch. 29 para. 11(1) (with ss. 1(4), 561, 562, Sch. 39) S. 1 extended (1.10.1997) by 1997 c. 44, s. 21(5), Sch. 4 para. 11(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III S. 1 extended (1.10.1997) by 1997 c. 44, s. 27(5), Sch. 5 para. 10(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III S. 1 extended (1.3.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 3(2); S.I. 1998/386, art. 2(1), Sch. 1 Pt. I S. 1 extended (S.) (1.1.1998) by 1995 c. 46, s. 194A(7), Sch. 9A para. 4(3) (as inserted (1.1.1998) by 1997 c. 48, s. 25(2); S.I. 1997/3004, art. 2, Sch.) S. 1 extended (1.4.1998) by 1997 c. 50, s. 109(2), Sch. 8 para. 6(1); S.I. 1998/354, art. 2(1)(2)(av)(ba) S. 1 extended (1.4.1999) by 1993 c. 39, Sch. 2A para. 6(5) (as inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. II para. 7; S.I. 1999/650, art. 2(a)(b)) S. 1 extended (1.10.1998) by 1998 c. 30, s. 1(9), Sch. 1 para. 7(1) (with s. 42(8)); S.I. 1998/2215, art. 2 S. 1 extended (1.1.1999) by 1992 c. 37, s. 59A(3)(a) (as inserted (1.1.1999) by 1998 c. 30, s. 37 (with s. 42(8)); S.I. 1998/3237, art. 2(3)) S. 1 extended (N.I.) (6.11.2000) by 1998 c. 32, s. 51, Sch. 3 para. 3(3); S.R. 2000/399, art. 3 S. 1 extended (E.W.) (30.9.1998) by 1998 c. 37, s. 41(11), Sch. 2 para. 4(3); S.I. 1998/2327, art. 2(1)(i) S. 1 extended (1.7.1999) by 1998 c. 38, s. 104, Sch. 6 para. 3(2); S.I. 1999/1290, art. 4 S. 1 extended (25.11.1998 for the purposes of regional development agencies established on that date and otherwise 3.7.2000) by 1998 c. 45, s. 2(5), Sch. 2 para. 5(1); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(c) S. 1 extended (1.3.1999) by 1998 c. 47, s. 68(4), Sch. 7 para. 4(2) (with s. 95(4)); S.I. 1999/340, art. 2(3), Sch. Pt. 3 S. 1 extended (E.W.S.) (6.8.1999) by 1999 c. 17, s. 1(3), Sch. 1 para. 11(1) (with s. 15); S.I. 1999/2210, art. 2(1)(6) S. 1 extended (12.1.2000) by 1999 c. 29, s. 389(1) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2 S. 1: functions transferred (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 6 S. 1 applied (26.2.1997) by S.I. 1997/236, art. 2 S. 1 applied (23.3.1999 with effect from 1.9.1998) by S.I. 1999/519, art. 2(a) S. 1 applied (13.9.2002) by S.I. 2002/2143, art. 2(1)(3) S. 1 extended (8.6.2000) by S.I. 2000/1505, art. 4(1) S. 1 extended (28.6.2000) by S.I. 2000/1484, art. 3(3) S. 1 extended (24.7.2000) by S.I. 2000/1728, art. 2(1) S. 1 amended (3.8.2000) by 2000 c. 21, s. 52(8), Sch. 6 para. 6(1); S.I. 2000/2114, art. 2(1), Sch. Pt. I S. 1 amended (1.9.2000) by 2000 c. 21, s. 1(4), Sch. 1 para. 6(1); S.I. 2000/2114, art. 2(3), Sch. Pt. III S. 1 extended (1.11.2000) by 2000 c. 27, s. 2(4), Sch. 2 para. 5(3); S.I. 2000/2917, art. 2, Sch. S. 1 extended (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 44(2); S.I. 2000/2917, art. 2, Sch. S. 1 extended (N.I.) (23.11.2000) by 2000 c. 32, s. 67(4), Sch. 4 para. 4(3) S. 1 extended (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 6; S.I. 2000/3376, art. 2 S. 1 extended (1.9.2002) by 2001 c. 16, s. 127(1)(2); S.I 2002/2050, art. 2 S. 1 extended (E.W.) (1.4.2002) by 2001 c. 16, s. 87, Sch. 3 para. 12; S.I. 2002/533, art. 2(c) S. 1 amended (E.W) (1.4.2001) by 2000 c. 43, s. 11, Sch. 2 para. 18(1); S.I. 2001/919, art. 2(a)(e) S. 1 extended (17.5.2001) by 2001/1587, art. 2 S. 1 extended ( prosp. ) by 2002 c. 40, ss. 13, 279, Sch. 3 para. 6(2)
C12	S. 1 modified (E.W.S.) by Employment Act 1989 (c. 38, SIF 43:1), s. 26(7)
C13	S. 1 excluded (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 5(6), 16(6)
C14	S. 1 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)( c ), 3(5)
C15	S. 1 amended ( retrosp. ) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 154 S. 1 amended (12.1.2000) by 1999 c. 29, s. 390(1) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
C16	S. 1 extended (6.5.1992) by Further and Higher Education Act 1992 (c. 13), ss. 9, 70, Sch. 1 para. 7(5); S.I. 1992/831, art. 2, Sch. 1
C17	S. 1 extended (21.11.1998) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 7, Sch. 1 para. 11; S.I. 1998/2886, art. 2(a)
C18	S. 1 extended (1.6.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 37, Sch. 7 para. 7(5); S.I. 1992/817, art. 3(2), Sch. 2
C19	S. 1 extended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 para. 5
C20	S. 1 extended (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 269(2), 302. S. 1 extended (12.8.2002 but with effect as specified in arts. 2, 3) by S.I 2002/1913, arts. 2, 3
C21	S. 1: power to extend conferred (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 36(3)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i) S. 1: power to extend conferred (1.4.2001) by 1997 c. 25, s. 50(1) (as substituted (1.4.2001) by 1999 c. 22, ss. 83, 108(1), Sch. 12 para. 13 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i)
C22	S. 1 applied (with modifications) (1.10.2000) by 2000 c. 21, ss. 134-136 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I
C23	S. 1(2) extended (1.12.1998) by 1998 c. 38, s. 34(5); S.I. 1998/2789, art. 2 S. 1(2) extended (6.5.1999) by 1998 c. 46, s. 51(6) (with s. 126(3)-(11)); S.I 1998/3178, art. 2(2), Sch. 3
C24	S. 1(3) extended (1.12.1998) by 1998 c. 38, s. 34(5); S.I. 1998/2789, art. 2 S. 1(3) extended (6.5.1999) by 1998 c. 46, s. 51(6) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3
Subordinate Legislation Made
P1	S. 1: for previous exercises of this power see Index to Government Orders.
P2	S. 1: s. 1(5) power exercised by S.I. 1991/1166.

Further provisions relating to schemes under s. 1.

— (1) A scheme under section 1 of this Act which makes provision with respect to the pensions, allowances or gratuities which are to be, or may be, paid to or in respect of a person to whom that section applies and who is incapacitated or dies as a result of an injury sustained, or disease contracted, in circumstances prescribed by the scheme may make the like provision in relation to any other person, being a person who is employed in a civil capacity for the purposes of Her Majesty ’ s Government in the United Kingdom, whether temporarily or permanently and whether for reward or not, or is a person holding office in that Government and who is incapacitated or dies as a result of an injury or disease so sustained or contracted.

(2) Any scheme under the said section 1 may make provision for the payment by the Minister of pensions, allowances or gratuities by way of compensation to or in respect of persons —

(a)

to whom that section applies; and

(b)

who suffer loss of office or employment, or loss or diminution of emoluments, in such circumstances, or by reason of the happening of such an event, as may be prescribed by the scheme.

[ F9 ( 3 ) No scheme under the said section 1 shall make any provision which would have the effect of reducing the amount of any pension, allowance or gratuity, in so far as that amount is directly or indirectly referable to rights which have accrued ( whether by virtue of service rendered, contributions paid or any other thing done ) before the coming into operation of the scheme, unless the persons consulted in accordance with section 1 ( 3 ) of this Act have agreed to the inclusion of that provision. ]

(4) Subject to subsection (3) above, any scheme under the said section 1, or any provision thereof, may be framed —

(a)

so as to have effect as from a date earlier than the date on which the scheme is made; or

(b)

so as to apply in relation to the pensions, allowances or gratuities paid or payable to or in respect of persons who, having been persons to whom the said section 1 applies, have died or ceased to be persons to whom that section applies before the scheme comes into operation; or

(c)

so as to require or authorise the payment of pensions, allowances or gratuities to or in respect of such persons.

(5) Where an order has been made under section 1(7) of this Act, any scheme under that section may provide for the payment to the Minister out of the fund specified in the order of benefits or other sums paid by him in accordance with the scheme to or in respect of persons to whom that section applies by virtue of the order, together with any administrative expenses incurred in connection with the payment of those sums, and for the payment into that fund of contributions paid in accordance with the scheme by or in respect of those persons and of any transfer values received in respect of them.

(6) Any scheme under the said section 1 may provide for the determination by the Minister of questions arising under the scheme and may provide that the decision of the Minister on any such question shall be final.

(7) Where under any such scheme any question falls to be determined by the Minister, then, at any time before the question is determined, the Minister may (and if so directed by any of the Courts hereinafter mentioned shall) state in the form of a special case for determination by the High Court, the Court of Session or the Court of Appeal in Northern Ireland any question of law arising out of the question which falls to be determined by him.

(8) Where such a case is stated for determination by the High Court, an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal; and where such a case is stated for determination by the Court of Session then, subject to any rules of court, the Minister shall be entitled to appear and be heard when the case is being considered by that Court.

(9) Any scheme under the said section 1 may amend or revoke any previous scheme made thereunder.

(10) Different schemes may be made under the said section 1 in relation to different classes of persons to whom that section applies, and in this section “ the principal civil service pension scheme ” means the principal scheme so made relating to persons serving in employment in the home civil service or the diplomatic service.

(11) Before a scheme made under the said section 1, being the principal civil service pension scheme or a scheme amending or revoking that scheme, comes into operation the Minister shall lay a copy of the scheme before Parliament.

(12) Notwithstanding any repeal made by this Act, the existing civil service superannuation provisions, that is to say, the enactments and instruments listed in Schedule 2 to this Act, shall, with the necessary adaptations and modifications, have effect as from the commencement of this Act as if they constituted a scheme made under the said section 1 in relation to the persons to whom that section applies, being the principal civil service pension scheme, and coming into operation on the said commencement and may be revoked or amended accordingly.

Annotations:
Amendments (Textual)
F9	S. 2(3) substituted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 9
Modifications etc. (not altering text)
C25	S. 2 modified (31.3.1995) by 1967 c. 13, s. 2, Sch. 1 (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para.2; S.I. 1995/631, art. 2)
C26	S. 2 applied (S.) (5.1.1994) by 1993 c. 45, s. 1, Sch. 1 para. 4(2). S. 2: functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 6

Recovery in certain circumstances of payments by way of injury allowances.

— (1) The following provisions of this section shall have effect where a scheme under section 1 of this Act provides for the payment of a pension, allowance or gratuity to or in respect of a person who is incapacitated or dies as a result of an injury sustained or disease contracted in circumstances prescribed by the scheme, and a pension, allowance or gratuity is paid in accordance with the scheme to or in respect of a person in consequence of an injury or disease so sustained or contracted or of a death resulting from such injury or disease.

(2) If the scheme requires the Minister to take into account, as against any sums otherwise payable under the scheme, any damages which are recovered or recoverable by or on behalf of the recipient of the pension, allowance or gratuity granted in consequence of the injury, disease or death, being damages in respect of that injury, disease or death, and the Minister makes any payments without taking such damages into account, then if and when the Minister is satisfied that there are any damages to be so taken into account, he shall have the right to recover from the recipient —

(a)

where the amount of the payments made by the Minister is less than the net amount of the damages, the amount of those payments;

(b)

where the amount of those payments is not less than the net amount of the damages, such part of those payments as is equal to the net amount of the damages.

(3) So far as any amount recoverable under this section represents a payment made by the Minister from which income tax has been deducted before payment, the proper allowance shall be made in respect of the amount so deducted, and in this section “ the net amount of the damages ” means the amount of the damages after deducting any tax payable in the United Kingdom or elsewhere to which the damages are subject.

(4) No proceedings shall be brought to recover any amount under this section —

(a)

after the death of the recipient of the payments; or

(b)

after the expiration of two years from the date on which the amount of the damages taken into account in arriving at the amount so recoverable is finally determined (whether in court proceedings or in arbitration proceedings or by agreement between the parties) or from the date on which the final determination of that amount first came to the knowledge of the Minister, whichever date is the later.

(5) A certificate issued by the Minister and stating the date on which the final determination of any amount of damages first came to his knowledge shall be admissible in any proceedings as sufficient evidence of that date.

(6) The provisions of this section are without prejudice to any right of the Minister under any such scheme to take damages into account by withholding or reducing any further sums otherwise payable to the recipient of the pension, allowance or gratuity.

Annotations:
Modifications etc. (not altering text)
C27	S. 3: functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 6

Payments due to deceased persons.

— (1) Where on the death of any person there is due to the deceased or his personal representatives from a government department a sum, not exceeding [ F10 £ 5,000 ] , in respect of salary, wages or other emoluments or of superannuation benefits payable by virtue of a scheme made under section 1 of this Act, probate or other proof of the title of the personal representatives of the deceased may be dispensed with, and the appropriate authority may pay the whole or any part of that sum to those representatives or to the person, or to or among any one or more of any persons, appearing to that authority to be beneficially entitled to the personal or movable estate of the deceased; and any person to whom such a payment is made, and not the appropriate authority, shall thereafter be liable to account for the amount paid to him under this subsection.

(2) Subsection (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the M1 Administration of Estates (Small Payments) Act 1965 substituting for references to £ 500 such higher amount as may be specified in the order.

(3) The reference to a government department in subsection (1) above shall be construed as including a reference to a body or institution listed in Schedule 1 to this Act [ F11 and as including a reference to any part of the Scottish Administration ] .

(4) In this section “ the appropriate authority ” , in relation to any sum, means the Minister in charge of the government department [ F12 , the Scottish Ministers in respect of any part of the Scottish Administration, ] the body, or the trustees or other authority responsible for the institution, as the case may be, from whom that sum is due.

Annotations:
Amendments (Textual)
F10	“ £ 5,000 ” substituted by S.I. 1984/539, art. 2( f )
F11	Words in s. 4(3) added (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 51(a) (with art. 5); S.I. 1998/3178, art. 3
F12	Words in s. 4(4) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 51(b) (with art. 5); S.I. 1998/3178, art. 3
Marginal Citations
M1	1965 c. 32.

Benefits under civil service superannuation schemes not assignable.

— (1) Any assignment (or, in Scotland, assignation) of or charge on, and any agreement to assign or charge, any benefit payable under a scheme made under section 1 of this Act shall be void.

(2) Nothing in subsection (1) above shall affect the powers of any court under [ F13 section 310 of the Insolvency Act 1986 ] or section [ F14 32 ( 2 ) and ( 4 ) ] of the Bankruptcy (Scotland) Act [ F14 1985 ] (bankrupt ’ s salary, pension, etc. may be ordered to be paid to the trustee in bankruptcy) or under any enactment applying to Northern Ireland (including an enactment of the Parliament of Northern Ireland) and corresponding to [ F13 section 51 ( 2 ) of the Bankruptcy Act M2 1914 or the said section 310 ]

Annotations:
Amendments (Textual)
F13	Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235,Sch. 8 para. 19 Sch. 9 para. 11(2)(3) and Insolvency Act 1986 (c.45, SIF 66), s. 439(2), Sch.14
F14	Words substituted (S.) for “ 148 ” and “ 1913 ” respectively by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(1), Sch. 7 para. 9
Marginal Citations
M2	1914 c.59.

Power to repeal or amend Acts, etc.

— (1) The Minister may by order repeal or amend any provision in any Act of Parliament, whether public general, local or private, including an Act confirming a provisional order, or in any order or other instrument made under any such Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of section 1 or 2 of this Act or of any scheme made under the said section 1 or any repeal made by this Act in consequence of the enactment of those sections.

(2) An order under this section —

(a)

may be made so as to have effect as from a date before the making of the order;

(b)

may vary or revoke a previous order made thereunder; and

(c)

shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Modifications etc. (not altering text)
C28	S. 6: functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 6

Persons employed in local government service, etc.

Superannuation of persons employed in local government service, etc.

— (1) The Secretary of State may by regulations make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid to or in respect of such persons, or classes of persons, as may be so prescribed, being —

(a)

persons, or classes of persons, employed in local government service; and

(b)

other persons, or classes of persons, for whom it is appropriate, in the opinion of the Secretary of State, to provide pensions, allowances or gratuities under the regulations.

(2) Without prejudice to the generality of subsection (1) above, regulations under this section —

(a)

may include all or any of the provisions referred to in Schedule 3 to this Act; and

(b)

may make different provision as respects different classes of persons and different circumstances.

(3) Notwithstanding anything in the M3 Pensions (Increase) Act 1971, regulations under this section may provide —

(a)

that increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be paid out of such of the superannuation funds established under the regulations as the regulations may provide; and

(b)

that the cost of those increases or of that part thereof, as the case may be, shall be defrayed by contributions from the persons to whom any services in respect of which the pensions, allowances or gratuities are or may become payable were or are being rendered or by such of those persons as may be so prescribed;

and any provisions of the said Act of 1971, or of regulations made under section 5 thereof, relating to liability for the cost of increases under that Act of pensions, allowances or gratuities payable under the regulations shall have effect subject to the provisions of any regulations made by virtue of this subsection and for the time being in force.

(4) Without prejudice to subsection (2) above, regulations made by virtue of subsection (3) above may make different provision as respects different classes of pensions, allowances or gratuities.

(5) Before making any regulations under this section the Secretary of State shall consult with —

(a)

such associations of local authorities as appear to him to be concerned;

(b)

any local authority with whom consultation appears to him to be desirable; and

(c)

such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

Annotations:
Modifications etc. (not altering text)
C29	S. 7: Power to modify conferred (S.) by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 1, Sch. 1 para. 10(4)
C30	Certain functions transferred by Local Government Act 1985 (c. 51,SIF 81:1), s. 60(1) Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
C31	S. 7 applied (31.10.1991) by Justices of the Peace Act 1979 (c. 55), s. 59(1)(b) (as substituted by Criminal Justice Act 1991 (c. 53), s. 93(3); S.I. 1991/2208, art. 2(4), Sch. 3) S. 7 excluded (14.3.1995) by S.I. 1995/402, reg. 3(1)(b) S. 7 excluded (2.5.1995) by S.I. 1995/1019, reg. B8(2)(b) S. 7 applied (4.5.1995) ( temp. until 31.3.1996) by S.I. 1995/1042, art. 4(1)
C32	S. 7: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table H1
C33	S. 7(3) extended by Pensions (Increase) Act 1974 (c. 9), s. 2(2) S. 7(3) modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(6), 94(2) (which s. 82 was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I) S. 7(3) extended (E.W.) (19.6.1997) by 1997 c. 25, ss. 50(6), 74(1)(2) (with Sch. 4 para. 27)
C34	S. 7(4) modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(6), 94(2) (which s. 82 was repealed (E.W.) (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I) S. 7(4) extended (E.W.) (19.6.1997) by 1997 c. 25, ss. 50(6), 74(1)(2) (with Sch. 4 para. 27)
Marginal Citations
M3	1971 c. 56.

Local Act schemes.

— (1) The Secretary of State may make regulations providing for —

(a)

the revocation of the local Act scheme administered by a local Act authority;

(b)

the winding up of the superannuation fund maintained under that scheme and the transfer of its assets and liabilities to such superannuation fund as may be specified in the regulations;

(c)

the modification of regulations made under section 7 of this Act for the purpose of securing that rights enjoyed by and in respect of the persons who were entitled to participate in the benefits of the superannuation fund which is to be wound up are preserved;

(d)

such other consequential and incidental matters as appear to the Secretary of State to be necessary or expedient.

(2) The Secretary of State may by regulations make such additions to, or modifications of, a local Act scheme as he considers necessary to reproduce (with or without modifications) the effect of any enactment relating to the local Act scheme and repealed by this Act.

In this subsection “ enactment ” includes any instrument made under an Act.

(3) Regulations under section 7 of this Act may provide for any of their provisions to apply, subject to such modifications as may be prescribed by the regulations, in relation to such local Act schemes as may be so prescribed or in relation to such pensions, allowances or gratuities, payable under such local Act schemes, as may be so prescribed; and where by virtue of this subsection any provisions of the regulations are so applied, the local Act scheme shall have effect subject thereto.

(4) Before making any regulations under this section the Secretary of State shall consult with the local Act authority concerned and with such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

(5) In this section “ local Act authority ” means a local authority who, not maintaining a superannuation fund in accordance with regulations under section 7 of this Act, maintain a superannuation fund under a local Act and “ local Act scheme ” means the superannuation scheme which such an authority administer.

Annotations:
Modifications etc. (not altering text)
C35	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Teachers

Superannuation of teachers.

— (1) The Secretary of State may, by regulations made with the consent of the Minister, make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid [ F15 to or in respect of teachers by the Secretary of State or, in the case of injury benefit, by the Secretary of State, an employer of teachers or such other person as the Secretary of State may consider appropriate and may specify in the regulations. ]

(2) Without prejudice to the generality of subsection (1) above, regulations under this section —

(a)

may include all or any of the provisions referred to in Schedule 3 to this Act; and

(b)

may make different provision as respects different classes of persons and different circumstances.

[ F16 ( 2A ) Where regulations under this section make provision with respect to money purchase benefits, they may also —

( a )

include provision enabling a person to elect for such money purchase benefits as are to be provided to or in respect of him under the regulations to be purchased from any authorised provider whom he may specify; and

( b )

notwithstanding subsection ( 1 ) above, provide that the making of such an election shall have the effect, in such cases as may be specified in the regulations, of discharging any liability of the Secretary of State to pay those benefits to or in respect of that person;

but no regulations under this section shall be so framed as to have the effect that any money purchase benefits to be provided under them may only be provided in a manner which discharges that liability of the Secretary of State. ]

(3) Where the regulations provide for the making of any such payment as is referred to in paragraph 3, 5 or 6 of the said Schedule 3, they may also provide for the payment to be made by the Secretary of State.

[ F17 ( 3A ) Notwithstanding anything in the M4 Pensions ( Increase ) Act 1971, regulations under this section may provide that the cost of increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be defrayed —

( a )

by contributions from employers of teachers or from such other persons or classes of person ( apart from teachers ) as the Secretary of State may consider appropriate and may specify in the regulations; or

( b )

by contributions from such of those employers or other persons as may be so specified;

(4) Where regulations under this section provide for the establishment of a superannuation fund, the regulations may also provide for the payment by the Secretary of State —

(a)

of the administrative expenses of the persons by whom, in accordance with the regulations, the fund is to be administered; and

(b)

of such travelling, subsistence and other allowances to those persons as the Secretary of State may, with the consent of the Minister, determine.

(5) Before making any such regulations the Secretary of State shall consult with representatives of local education authorities and of teachers and with such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

[ F18 ( 5A ) The powers exercisable by a local education authority or, in Scotland, an education authority, by virtue of —

( a )

section 111 of the Local Government Act M5 1972 ( subsidiary powers of local authorities ) , or

( b )

section 69 of the M6 Local Government ( Scotland ) Act 1973 ( similar provision for Scotland ) ,

shall be taken to include, and to have at all times included, power to pay, or arrange for the payment of, injury benefit to or in respect of teachers; but that section shall cease to confer any such power on an authority in either part of Great Britain as from the coming into force of the first regulations under this section which make provision for the payment of injury benefit by such an authority to or in respect of teachers in that part. ]

(6) In this section

[ F19 [ F20 [ F21 “ authorised provider ” has the meaning given in section 1 ] “ injury benefit ” means a pension, allowance or gratuitypayable under the regulationsto or in respect of a teacher in consequenceof any injury sustained , or diseasecontracted, by him in the course of hisemployment in that capacity: ]

“ money purchase benefits ” has the meaning given by [ F22 section 181 ( 1 ) of the Pension Schemes Act 1993 ] ; ]

“ teachers ” includes such persons as may be prescribed by regulations made under this section, being persons employed otherwise than as teachers —

(a)

in a capacity connected with education which to a substantial extent involves the control or supervision of teachers; or

(b)

in employment which involves the performance of duties in connection with the provision of education or services ancillary to education.

(7) In the application of this section to Scotland for the reference in subsection (5) to local education authorities there shall be substituted a reference to education authorities.

Annotations:
Amendments (Textual)
F15	Words substituted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 11(1)
F16	S. 9(2A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 8(3)
F17	S. 9(3A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 4(1)
F18	S. 9(5A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 11(2)
F19	Definitions inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF101A:3), s. 8(4)
F20	Definition inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 11(3)
F21	s. 9(6): definition of “ authorised provider ” substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 107
F22	Words in definition of “ money purchase benefits ” in s. 9(6) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 7 (with s. 6(8)); S.I. 1994/86, art. 2
Modifications etc. (not altering text)
C36	S. 9 extended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 para. 5 S. 9 extended (1.1.1996) by S.I. 1995/3275, reg. 57, Sch. 10 Pt. I para. 1
C37	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
Marginal Citations
M4	1971 c.56
M5	1972 c.70
M6	1973 c.65

Persons engaged in health services, etc.

10.

Superannuation of persons engaged in health services, etc.

— (1) The Secretary of State may, by regulations made with the consent of the Minister, make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed [ F23 ( in this section referred to as “ health staff ” ) ] by the regulations, are to be, or may be, paid by the Secretary of State to or in respect of such persons, or classes of persons, as may be so prescribed, being —

(a)

persons, or classes of persons, engaged in health services other than services provided by a . . . F24 local authority; and

(b)

other persons, or classes of persons, for whom it is appropriate, in the opinion of the Secretary of State, to provide pensions, allowances or gratuities under the regulations.

(2) Without prejudice to the generality of subsection (1) above, regulations under this section —

(a)

may include all or any of the provisions referred to in Schedule 3 to this Act; and

(b)

may make different provision as respects different classes of persons and different circumstances.

[ F25 ( 2A ) Where regulations under this section make provision with respect to money purchase benefits, they may also —

( a )

( b )

[ F26 ( 3A ) Notwithstanding anything in the M7 Pensions ( Increase ) Act 1971, regulations under this section may provide that the cost of increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be defrayed —

( a )

by contributions from employers of health staff or from such other persons or classes of person ( apart from health staff ) as the Secretary of State may consider appropiate and may specify in the regulations; or

( b )

by contributions from such of those employers or other persons as may be so specified;

(4) Before making any such regulations the Secretary of State shall consult with such representatives of persons likely to be affected by the proposed regulations as appear to him to be appropriate.

(5) In section 7(2) of the M8 Superannauation (Miscellaneous Provisions) Act 1967 (which, in the cae where any person within twelve months after leaving employment by virtue of which he was entitled to participate in superannuation benefits provided under the M9 National Health Service Act 1946 enters other approved employment, empowers the Secretary of State to direct that the superannuation regulations shall apply to him with certain modifications) after the words “ any person ” there shall be inserted the words " while continuing in or " .

[ F27 ( 6 ) In this section —

[ F28 “ authorised provider ” has the meaning given in section 1; ]

“ money purchase benefits ” has the meaning given by [ F29 section 181 ( 1 ) of the Pension Schemes Act 1993 ] . ]

Annotations:
Amendments (Textual)
F23	Words inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 4(2)
F24	Words repealed by (S.) National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II and (E.W.) National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5
F25	S. 10(2A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 8(5)
F26	S. 10(3A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 4(2)
F27	S. 10(6) added by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 8(6)
F28	s. 10(6): definition of “ authorised provider ” substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 108
F29	Words in definition of “ money purchase benefits ” in s. 10(6) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 7 (with s. 6(8)); S. I. 1994/86, art. 2
Modifications etc. (not altering text)
C38	S. 10 extended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 para. 5 S. 10 extended (1.1.1996) by S.I. 1995/3275, reg. 57, Sch. 10 Pt. I para. 1
C39	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
C40	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1-3, 5, 9, 10, 12, 16-21, 24-27, 29-33, 39-41, 43, 46, 48, 51, 56-58, 60-67, 70, 72-74, 77, 78, 80-93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.
Marginal Citations
M7	1971 c.56
M8	1967 c. 28.
M9	1946 c. 81.

Provisions ancillary to sections 7 to 10

11.

Statement of case by Secretary of State.

— (1) Where under any regulations made under section 7, 9 or 10 of this Act, in its application to England and Wales, any question falls to be determined by the Secretary of State, then, at any time before the question is determined, the Secretary of State may (and if so directed by the High Court shall) state in the form of a special case for determination by the High Court any question of law arising out of the question which falls to be determined by him; and where such a case is so stated, an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal.

(2) Where under any regulations made under section 7, 9 or 10 of this Act, in its application to Scotland, any question falls to be determined by the Secretary of State, then, at any time before the question is determined, the Secretary of State may (and if so directed by the Court of Session shall) state a case for the opinion of that Court on any question of law arising out of the question which falls to be determined by him; and subject to any rules of court, the Secretary of State shall be entitled to appear and be heard when the case is being considered by the Court.

Annotations:
Modifications etc. (not altering text)
C41	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

12.

Further provisions as to regulations.

— (1) Any regulations made under section 7, 8(2), 9 or 10 of this Act may be framed so as to have effect as from a date earlier than the making of the regulations.

(2) Subject to subsection (4) below, any regulations made under section 7, 9 or 10 of this Act may be framed —

(a)

so as to apply in relation to the pensions which are being paid or may become payable under the regulations to or in respect of persons who, having served in an employment or office service in which qualifies persons to participate in the benefits for which the regulations provide, have ceased to serve therein [ F30 ( whether or not they have subsequently recommenced any such service ) ] or died before the regulations come into operation; or

(b)

so as to require or authorise the payment of pensions to or in respect of such persons.

(3) Subsection (2) above shall apply in relation to regulations under the said section 7, being regulations made by virtue of section 8(3) of this Act, as if for the first two references to those regulations in paragraph (a) there were substituted references to the local Act scheme affected by the regulations.

(4) No provision shall be made by any regulations by virtue of subsection (2) above unless any person who is placed in a worse position than he would have been in if the provision had not applied in relation to any pension which is being paid or may become payable to him is by the regulations given an opportunity to elect that the provision shall not so apply [ F31 in relation to that pension except as provided by subsection ( 4A ) below. ]

[ F32 ( 4A ) If, at the coming into force of the provision mentioned in subsection ( 4 ) above, a person who makes such an election as is mentioned in that subsection is serving in an employment or office to which the regulations governing the pension apply, or if he subsequently recommences service in such an employment or office, then —

( a )

the election shall have effect in relation to the pension only to the extent that it accrues or has accrued —

( i ) by virtue of periods of service rendered before the cessation referred to in subsection ( 2 ) above ( or, if there has been more than one such cessation, the last of them before the coming into force of the provision in question ) ; or

( ii ) by virtue of contributions paid in respect of any such periods of service; and

( b )

in determining entitlement to, or the amount of, the pension to that extent, he shall ( without prejudice to the application of this subsection ) be treated as if he had never recommended service in such an employment or office at any time after the cessation referred to in paragraph ( a ) above;

and the provision in question shall apply accordingly. ]

(5) In the foregoing provisions of this section “ pension ” includes allowance and gratuity.

(6) Regulations made under section 7, 8, 9 or 10 of this Act shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Amendments (Textual)
F30	Words inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 10(1)
F31	Words added by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 10(2)
F32	S. 12(4A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 10(3)
Modifications etc. (not altering text)
C42	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
C43	S. 12: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table H1

Provisions relating to superannuation of various other persons

[ F33 13.

The Comptroller and Auditor General.

— ( 1 ) A person who first holds office on or after the appointed day as the Comptroller and Auditor General ( in this section referred to as “ the Comptroller ” ) shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between —

( a )

the scheme of pensions and other benefits under that judicial pension scheme ( his “ former scheme ” ) ;

( b )

( if different from his former scheme ) the scheme of pensions and other benefits constituted by Part I of the 1993 Act ( “ the 1993 scheme ” ) ; and

( c )

the scheme of pensions and other benefits applicable under section 1 of this Act to the civil service of the State ( “ the civil service scheme ” ) ;

and, if he is not entitled to make an election under this subsection, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.

( 2 ) If a person who held the office of Comptroller before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this subsection between —

( a )

the old judicial scheme; and

( b )

the 1993 scheme;

and, if he fails to make an election under this subsection, he shall be taken to have elected for the old judicial scheme.

( 3 ) If a person who held the office of Comptroller before the appointed day —

( a )

has made an election under the former enactments for the civil service scheme, or

( b )

has failed to make an election under those enactments ( so that he is taken to have elected for the civil service scheme ) ,

he shall be treated as if he had been entitled to make an election under this section and had elected for the civil service scheme.

( 4 ) Where a person elects under this section for his former scheme, that scheme shall, subject to regulations under this section, apply as if his service as Comptroller were service which was subject, in his case, to that scheme.

( 5 ) A person who elects under subsection ( 1 ) ( b ) or ( 2 ) ( b ) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Comptroller, to a pension under Part I of the 1993 Act at the appropriate annual rate ( within the meaning of that Act ) if he has held that office for at least 5 years and either —

( a )

he has attained the age of 65; or

( b )

he is disabled by permanent infirmity for the performance of the duties of the office;

and, subject to the following provisions of, and regulations under, this section, the provisions of Part I of that Act ( other than sections 1 ( 1 ) to ( 4 ) and 2 ) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act ( which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights ) shall apply in relation to him and his service in the office of Comptroller as they apply in relation to a person to whom Part I of that Act applies.

( 6 ) Subject to regulations under this section, in the application of provisions of the 1993 Act by virtue of subsection ( 5 ) above, a person who elects for the 1993 scheme shall be treated —

( a )

as if the office of Comptroller were a qualifying judicial office ( within the meaning of that Act ) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;

( b )

as if his election under this section were an election such as is mentioned in paragraph ( d ) of section 1 ( 1 ) of that Act ( so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies ) ;

( c )

as if his pension by virtue of this section were a pension under section 2 of that Act ( and, accordingly, a judicial pension, within the meaning of that Act ) ; and

( d )

for the purpose of determining, in the event of his death, the rate of any surviving spouse ’ s or children ’ s pension payable under sections 5 to 8 of that Act in respect of his service as Comptroller, as if references in those sections to the annual rate of the deceased ’ s judicial pension were references —

( i ) where a pension had commenced to be paid to him by virtue of subsection ( 5 ) above, to the appropriate annual rate of that pension; or

( ii ) where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of subsection ( 5 ) ( b ) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;

and, in the application of that Act to the Comptroller ( whether by virtue of subsection ( 1 ) ( a ) or ( b ) or ( 2 ) ( b ) above ) the references to the appropriate Minister in sections 13 ( election for personal pension ) , 19 ( benefits in respect of earnings in excess of pension-capped salary ) and 20 ( appeals ) of, and Schedule 2 ( transfer of accrued rights ) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.

( 7 ) Where a person elects under this section for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall, subject to regulations under this section, apply as if his service as Comptroller were service in employment in the civil service of the State.

( 8 ) Where a person elects under this section for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this section, continue to have effect in relation to him and his service in the office of Comptroller.

( 9 ) Any power to make an election under this section shall be exercisable within such time and in such manner as may be prescribed in regulations under this section.

( 10 ) The Treasury may make regulations for purposes supplementary to the other provisions of this section.

( 11 ) Any such regulations may, without prejudice to section 38 or 39A of the Superannuation Act 1965 ( employment in more than one public office ) , make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom —

( a )

his former scheme,

( b )

the 1993 scheme,

( c )

the civil service scheme, or

( d )

the old judicial scheme,

applies, or has applied, in respect of any service other than service as Comptroller.

( 12 ) The provision that may be made by virtue of subsection ( 11 ) above includes provision —

( a )

for aggregating —

( i ) other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Comptroller, or

( ii ) service as Comptroller with such other service,

for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;

( b )

for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph ( a ) ( i ) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Comptroller, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.

( 13 ) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

( 14 ) Any pension or other benefit granted by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

( 15 ) In this section —

“ the 1981 Act ” means the Judicial Pensions Act 1981;

“ the 1993 Act ” means the Judicial Pensions and Retirement Act 1993;

“ the appointed day ” means the day on which Part I of Schedule 4 to the 1993 Act comes into force;

“ the former enactments ” means section 13 of this Act, as it had effect from time to time before the appointed day;

“ judicial pension scheme ” means any public service pension scheme, as defined in —

( a ) [ F34 section 1 of the Pension Schemes Act 1993 ]

( b ) [ F35 section 176 ( 1 ) of the Pensions Schemes ( Northern Ireland ) Act 1993 ]

under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;

“ the old judicial scheme ” means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act. ]

Annotations:
Amendments (Textual)
F33	S. 13 substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. 1 para.1; S.I. 1995/631, art. 2
F34	Words in definition of “ judicial pension scheme ” in s. 13(15) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para.8 (with s. 6(8)); S.I. 1994/86, art. 2
F35	Words in definition of “ judicial pension scheme ” in s. 13(15) substituted (N.I.) (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para.13; S.R. 1994/17, art. 2
Modifications etc. (not altering text)
C44	S. 13: functions transferred (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 7

14.

Metropolitan civil staffs.

— (1) Section 15 of the M10 Superannuation (Miscellaneous Provisions) Act 1967 (which applies the legislation governing the superannuation of civil servants to certain persons employed under the Commissioner of Police for the Metropolis, justices ’ clerks for the inner London area and other persons employed by the committee of magistrates for that area) shall be amended as follows.

(2) In subsection (1)(b)(definition of “ civil service provisions ” ) for the words from “ the Superannuation Act ” to “ any other ” there shall be substituted the words " the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and any " .

(3) In subsection (3)(which empowers the Secretary of State by regulations to provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under the section and certain other purposes subject to exceptions, modifications and adaptations specified in the regulations) —

(a)

after the word “ may ” , where first occuring, there shall be inserted the words " with the consent of the Minister for the Civil Service " ; and

(b)

in paragraph (a), after the word “ exceptions ” there shall be inserted the word " additions " .

(4) Subsection (5)(which authorises the Secretary of State in certain circumstances to confer on himself power to make rules or regulations in relation to members of the metropolitan civil staffs where the Minister has power to make similar rules or regulations in relation to civil servants) shall be omitted.

(5) For subsection (6)(which provides that regulations under the section shall be subject to annulment in pursuance of a resolution of either House of Parliament) there shall be substituted the following subsection: —

" ( 6 ) Before making regulations under subsection ( 3 ) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs, and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament. "

Annotations:
Modifications etc. (not altering text)
C45	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1-3, 5, 9, 10, 12, 16-21, 24-27, 29-33, 39-41, 43, 46, 48, 51, 56-58, 60-67, 70, 72-74, 77, 78, 80-93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.
Marginal Citations
M10	1967 c. 28.

15.

Members of police forces, special constables and police cadets.

— (1) — (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(5) Section 12 (except subsections (3) and (6)) of this Act shall apply in relation to —

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(b)

regulations relating to pensions under [ F38 section 51 or 52 of the Police Act 1996 ] (special constables and police cadets);

(c)

regulations under section 26(2)(k) of the M11 Police (Scotland) Act 1967 (regulations with respect to the application to special constables of provisions relating to the pensions payable to or in respect of regular constables); or

(d)

regulations relating to pensions under section 27 of the said Act of 1967 (police cadets),

as it applies in relation to regulations under section 7, 8(2), 9 or 10 of this Act.

Annotations:
Amendments (Textual)
F36	S. 15(1) – (4) repealed by Police Pensions Act 1976 (c. 35), Sch. 3
F37	S. 15(5)(a) repealed by Police Pensions Act 1976 (c. 35), Sch. 3
F38	Words in s. 15(5)(b) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 19
Modifications etc. (not altering text)
C46	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
Marginal Citations
M11	1967 c. 77.

16.

Members of fire brigades.

— (1) Without prejudice to the generality of section 26 of the M12 Fire Services Act 1947 (power to make order bringing the Firemen ’ s Pension Scheme into operation), any Scheme under that section may include provision for the payment by a fire authority or the Secretary of State of transfer values as respects persons who transfer or have transferred from employment in respect of which awards may be made under the Scheme to such other employment as may be specified in the Scheme.

(2) Subsection (3) of the said section 26 (circumstances in which a pension may be provided under the Scheme) shall cease to have effect.

(3) Section 12 (except subsections (3) and (6)) of this Act shall, with the necessary modifications, apply in relation to an order under the said section 26 as it applies in relation to regulations under section 7, 8(2), 9 or 10 of this Act.

Annotations:
Modifications etc. (not altering text)
C47	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
Extent Information
E1	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.
Marginal Citations
M12	1947 c. 41.

F39 17.

Persons employed by general lighthouse authorities, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F39	S. 17 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1))

18.

Employees of law societies.

— (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Annotations:
Amendments (Textual)
F40	S. 18(1) repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I
F41	S. 18(2) (which applied to Scotland only) repealed (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), s. 45, Sch. 5

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Annotations:
Amendments (Textual)
F42	S. 19 repealed by Statute Law (Repeals) Act 1989 (c. 43), s.1(1), Sch. 1 Pt. VII

20.

Officers and servants of certain river authorities.

— (1) This section applies to the following persons, namely —

(a)

every officer and servant of the Conservators of the River Thames ( “ the Conservators ” ) to whom but for any repeal made by this Act section 79(8) of the M13 Land Drainage Act 1930 or section 53(2) of the M14 Thames Conservancy Act 1950 would have applied; and

(b)

every officer and servant of the Lee Conservancy Board or of the Lee Conservancy Catchment Board ( “ the Catchment Board ” ) to whom but for any such repeal section 80(7) of the said Act of 1930 would have applied.

(2) There shall be paid by the Conservators to or in respect of the persons to whom this section applies by virtue of subsection (1)(a) above, and there shall be paid by the Catchment Board to or in respect of the persons to whom this section applies by virtue of subsection (1)(b) above, the same pensions, allowances or gratuities as can be paid to or in respect of persons employed in the civil service of the State, and the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall apply accordingly in relation to those persons with the necessary adaptations.

(3) The Conservators and the Catchment Board shall have all such powers as may be necessary to enable them to comply with subsection (2) above, including power to pay and receive transfer values and to make payments towards the provision of such pensions, allowances and gratuities as are referred to in that subsection.

(4) The Catchment Board shall be deemed always to have had power to pay pensions, allowances or gratuities in respect of persons to whom section 80(7) of the M15 Land Drainage Act 1930 at any time applied.

Annotations:
Modifications etc. (not altering text)
C48	S. 20(2) modified by S.I. 1989/1161, reg. 6(2)(a)
C49	S. 20(3) modified by S.I. 1989/1161, reg. 6(2)(b)
Marginal Citations
M13	1930 c. 44.
M14	1950 c. 1.
M15	1930 c. 44.

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Annotations:
Amendments (Textual)
F43	Ss. 21, 30(3), Sch. 6 paras. 68, 96 repealed by British Airways Board Act 1977 (c. 13, SIF 9), s. 24(1), Sch. 2

22.

Pension schemes of various statutory bodies: removal of requirement to obtain Ministerial approval for certain determinations, etc.

— (1) Any body specified in column 1 of Schedule 4 to this Act may make any determination relating to, or connected with, the provision of pensions, gratuities or other like benefits to or in respect of persons employed by it which it has power to make under the enactment specified in relation to that body in column 2 of that Schedule without obtaining the approval or agreement of any Minister of the Crown or government department whose approval of, or agreement to, that determination is required by virtue of that enactment or by virtue of that enactment and any order made in pursuance of section 1 or 2 of the Ministers of the M16 Crown (Transfer of Functions) Act 1946 or section 4 of the Ministers of the M17 Crown Act 1964.

[ F44 ( 2 ) The Council for Professions Supplementary to Medicine may approve any determination relating to pensions made under paragraph 20 ( 2 ) of Schedule 1 to the M18 Professions Supplementary to Medicine Act 1960 by a board established under that Act without obtaining the agreement of the Minister. ]

(3) Any pension scheme in force immediately before the commencement of this Act, being a scheme which was referred to in or established under section 12(4) of the M19 Port of London (Consolidation) Act 1920 (provision of pensions, etc.), and any rules made in pursuance of such a scheme may be amended without the approval of the Secretary of State.

(4) So much of any provision contained in a document forming part of any scheme for the provision of pensions, gratuities or other like benefits to or in respect of persons employed by industrial training boards established under section 1 of the M20 Industrial Training Act 1964 as prohibits any alteration being made in that document, or any other document forming part of such a scheme, without the approval of the Secretary of State shall cease to have effect.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Annotations:
Amendments (Textual)
F44	S. 22(2) omitted (the ommission coming into force in accordance with art. 1(2)(3) of the amending S.I.) by S.I. 2002/254, arts. 1(2)(3), 48, Sch. 4, para.2(a)
F45	S. 22(5) repealed by National Film Finance Corporation Act 1981 (c. 15, SIF 45A), s. 10, Sch. 3 Pt. I
Marginal Citations
M16	1946 c. 31.
M17	1964 c. 98.
M18	1960 c. 66.
M19	1920 c. clxxiii.
M20	1964 c. 16.

23. (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Annotations:
Amendments (Textual)
F46	S. 23(1) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4
F47	S. 23(2) repealed by Overseas Pensions Act 1973 (c. 21), Sch. 2

Miscellaneous and Supplemental

24.

Compensation for loss of office, etc.

— (1) Subject to subsection (2) below, the Secretary of State may, with the consent of the Minister, by regulations provide for the payment by such person as may be prescribed by or determined under the regulations of pensions, allowances or gratuities by way of compensation to or in respect of the following persons, that is to say, persons —

(a)

in relation to whom regulations may be made under section 7, section 9 or section 10 of this Act or section 1 of the [ F48 M21 Police Pensions Act 1976 ] or in relation to whom a Scheme may be made in accordance with section 26 of the M22 Fire Services Act 1947 (Firemen ’ s Pension Scheme); and

(b)

who suffer loss of office or employment, or loss or diminution of emoluments, in such circumstances, or by reason of the happening of such an event, as may be prescribed by the regulations.

(2) Regulations under this section relating to persons in relation to whom regulations may be made under section 7 of this Act may be made without the consent of the Minister.

(3) Regulations under this section may —

(a)

include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations;

(b)

make different provision as respects different classes of persons and different circumstances and make or authorise the Secretary of State to make exceptions and conditions; and

(c)

be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than the date of their making shall not place any individual who is qualified to participate in the benefits for which the regulations provide in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(4) Regulations under this section may include all or any of the provisions referred to in paragraphs 8, 9 and 13 of Schedule 3 to this Act.

(5) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Amendments (Textual)
F48	Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 10
Modifications etc. (not altering text)
C50	S. 24 restricted (E.W.) by Local Government Act 1985 (c. 51, SIF 81:1), s. 53(4)
C51	S. 24 restricted (S.) (4.1.1995) by 1994 c. 39, ss. 7(2), 13(2)(6), 97(8), 137(5) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2
C52	Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3
C53	S. 24: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table H1
Subordinate Legislation Made
P3	S. 24: for exercises of this power see Index to Government Orders.
P4	S. 24: ss. 10(1)(2)(3)(3A) and 24(1)(3)(4) (with s. 12(1)(2) and Sch. 3) power exercised by S.I. 1991/584.
Marginal Citations
M21	1976 c. 35.
M22	1947 c. 41.

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Annotations:
Amendments (Textual)
F49	S. 25 repealed by Social Security Pensions Act 1975 (c. 60), Sch. 5

26.

Financial provisions.

— (1) There shall be paid out of moneys provided by Parliament —

(a)

any expenses incurred by a Minister of the Crown in the payment in accordance with schemes made under section 1 of this Act or regulations made under section 9, 10 or 24 thereof of pensions, allowances, gratuities or other sums;

(b)

expenses incurred by a Secretary of State in making any such payments as are referred to in section 9(4) of this Act;

(c)

any administrative expenses incurred by a government department in consequence of this Act; and

(d)

any increase attributable to the provisions of this Act in the sums payable under any other enactment out of moneys so provided.

(2) Subject to any scheme made under section 1 of this Act or to regulations made under section 9 or 10 of this Act, there shall be paid into the Consolidated Fund all sums received by a Minister of the Crown by virtue of this Act.

27.

Dissolution of Civil Service Committee for Northern Ireland.

— (1) The Civil Service Committee for Northern Ireland shall cease to exist . . . F50

(2) In the proviso to section 8(1) of the M23 Northern Ireland Act 1947, and in the proviso to section 9(1) of that Act (determination by the said Committee of certain questions relating to the position of officers who became officers of the Government of Northern Ireland by virtue of the said section 8(1) or 9(1), for the words “ the Civil Service Committee for Northern Ireland ” there shall be substituted the words " a referee appointed by the Lord Chief Justice of Northern Ireland " .

Annotations:
Amendments (Textual)
F50	Words repeal Government of Ireland Act 1920 (c. 67), s. 56 and Irish Free State (Consequential Provisions) Act 1922 (13 Geo. 5 (Sess. 2) c. 2), Sch. 1 para. 7(1)
Modifications etc. (not altering text)
C54	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.
Marginal Citations
M23	1947 c. 37.

28.

Certain enactments relating to superannuation of Forestry Commissioners and to declarations required from recipients of certain pensions to cease to have effect.

— (1) Paragraph 11 of Schedule 1 to the M24 Forestry Act 1967 (which authorizes the grant in certain circumstances of superannuation benefits to a person who retires from the office of Forestry Commissioner while under the age of 60 without renewal of public employment and who is not entitled to a pension by virtue of other provisions of that Schedule) shall cease to have effect.

(2) Section 6 of the M25 Appropriation Act 1957 (which prohibits the receipt of an ypayment out of maneys provided by Parliament for half-pay or navy, army, air-force or civil non-effective services unless the prescribed declararion has been made by the recipient) shall cease to have effect.

Annotations:
Modifications etc. (not altering text)
C55	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80 – 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.
Marginal Citations
M24	1967 c. 10.
M25	1957 c. 63.

29.

Amendments, savings, transitional provisions and repeals.

— (1) The enactments mentioned in Schedule 6 to this Act shall have effect subject to the minor and consequential amendments specified therein.

(2) The savings and transitional provisions contained in Schedule 7 to this Act shall have effect.

(3) The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken as prejudicing the operation of [ F51 sections 16 ( 1 ) and 17 ( 2 ) ( a ) of the M26 Interpretation Act 1978 ] (which relates to the effect of repeals).

(4) Subject to section 23 of this Act, and Schedule 7 thereto, the enactments mentioned in Schedule 8 to this Act (which include certain enactments already spent or otherwise unnecessary) are hereby repealed to the extent specified in column 3 of that Schedule.

Annotations:
Amendments (Textual)
F51	Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
Modifications etc. (not altering text)
C56	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.
Marginal Citations
M26	1978 c. 30.

30.

Short title, construction of references commencement and extent.

— (1) This Act may be cited as the Superannuation Act 1972.

(2) References in this Act to an enactment include an enactment in a local Act and a provisional order confirmed by Parliament, and any reference in this Act to any enactment or instrument shall be construed as a reference to that enactment or instrument as amended, and includes a reference thereto as extended or applied, by or under any other enactment or instrument, including any enactment contained in this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(4) The other provisions of this Act shall come into force on such day as the Minister may by order made by statutory instrument appoint, and references in this Act to the commencement thereof shall be construed as references to the day appointed by an order under this subsection.

(5) This section, and the following provisions only of this Act, extend to Northern Ireland, that is to say, —

(a)

sections 1 to 6 and Schedules 1 and 2;

(b)

sections 13 and 17;

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(d)

section 22(1) and (2) and Schedule 4 so far as they relate to any body exercising functions in relation to Northern Ireland;

(e)

section 23 and paragraph 2 of Schedule 5;

[ F54 ( ee )

section 25 ] ;

(f)

section 26, so far as applicable, and sections 27 and 28(2);

(g)

section 29 and Schedules 6 and 8, so far as they relate to any enactment which extends to Northern Ireland and paragraphs 1 to 3, 10, 11 and 13 to 15 of Schedule 7.

Annotations:
Amendments (Textual)
F52	Ss. 21, 30(3), Sch. 6 paras. 68, 96 repealed by British Airways Board Act 1977 (c. 13, SIF 9), s. 24(1), Sch. 2
F53	S. 30(5)(c) repealed by British Airways Board Act 1977 (c. 13), Sch. 2
F54	S. 30(5)(ee) inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 34(2)
Modifications etc. (not altering text)
C57	25.3.1972 appointed under s. 30(4) by S.I. 1972/325 for all provisions other than provisions specified in art. 2 of that instrument (namely s. 21 and Sch. 6 paras. 68 and 96) which have been repealed

SCHEDULES

SCHEDULE 1

Section 1.

Kinds of Employment, etc., Referred to in Section 1

Annotations:
Modifications etc. (not altering text)
C58	Sch. 1 amended by National Heritage Act 1983 (c. 47, SIF 78), s. 31, Sch. 2 para. 3

Museums and Galleries

[ F55 Armouries ]

[ F56 Board of Trustees of the National Museums and Galleries on Merseyside ]

British Museum.

[ F57 Natural History Museum ]

Imperial War Museum.

London Museum.

National Gallery.

National Maritime Museum.

National Portrait Gallery.

[ F58 Royal Botanic Garden, Edinburgh ]

[ F59 Royal Botanic Gardens, Kew ]

[ F60 Science Museum ]

Tate Gallery.

[ F61 Victoria and Albert Museum ]

Wallace Collection.

National Galleries of Scotland.

[ F62 National Museums of Scotland ]

[ F63 Resource: The Council for Museums, Archives and Libraries ]

Annotations:
Amendments (Textual)
F55	Entry inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 17, Sch. 1 para. 24(7)
F56	Entry added by S.I. 1990/757, art. 2
F57	Sch. 1: words substituted (1.9.1992) by Museums and Galleries Act 1992 (c. 44), s. 11(2), Sch. 8 para. 1(5); S.I. 1992/1874, art. 2
F58	Entry inserted (4.6.1985) (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 para. 15(4)
F59	Entry inserted (8.8.1983) by National Heritage Act 1983 (c. 47, SIF 78), s. 23, Sch. 1 para. 34(7)
F60	Entry inserted (30.9.1983) by National Heritage Act 1983 (c. 47, SIF 78), s. 9, Sch. 1 para. 14(7)
F61	Entry inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 1, Sch. 1 para. 4(7)
F62	Sch. 1: words substituted (S.) by National Heritage (Scotland) Act 1985 (c.16, SIF 78), ss. 1, 10, Sch. 1 para. 4(6)
F63	Sch. 1: entry in list of “ Museums and Galleries ” added (24.7.2000 with effect retrospective to 1.12.1999) by S.I. 2000/1728, art. 2(1)(c)(2)

Royal Commissions and other Commissions

[ F64 Employment by the Commission for Architecture and the Built Environment ]

[ F65 Equal Opportunities Commission ]

F66 ....

Royal Fine Art Commission for Scotland.

Historical Manuscripts Commission.

Commission on Industrial Relations.

[ F67 Commission for Racial Equality. ]

[ F68 Northern Ireland Human Rights Commission ]

[ F69 Competition Commission ]

F70

....

[ F71 Countryside Agency ]

. . . F72

Royal Commission on Historical Monuments (England).

Royal Commission on Ancient and Historical Monuments (Wales and Monmouthshire).

Royal Commission on Ancient and Historical Monuments of Scotland.

[ F73 Royal Commission on the Distribution of Income and Wealth. ]

[ F74 employment as a member of the staff of the Museums and Galleries Commission ]

[ F75 Employment by the Local Government Commission for England ]

[ F76 Criminal Cases Review Commission ]

[ F77 Scottish Criminal Cases Review Commission ]

[ F78 Employment by the Library and Information Commission ]

[ F79 Disability Rights Commission ]

[ F80 Scottish Criminal Cases Review Commission. ]

Annotations:
Amendments (Textual)
F64	Entry in Sch. 1 added (retrospective to 20.8.1999) by S.I. 2000/108, art. 2(d)
F65	Words inserted by Sex Discrimination Act 1975 (c. 65), Sch. 3 para. 9(1)
F66	Entry in Sch. 1 removed (retrospective to 20.8.1999) by S.I. 2000/108, art. 2(e)
F67	Words inserted by Race Relations Act 1976 (c. 74), Sch. 1 para. 9(1)
F68	Entry in Sch. 1 inserted (1.3.1999) by 1998 c. 47, s. 68(4), Sch. 7 para. 4(2) (with s. 95); S.I. 1999/340, art. 2(3), Sch. Pt. 3
F69	Entry in Sch. 1 inserted (1.4.1999) by S.I. 1999/506, art. 13
F70	Entry in Sch. 1 repealed (1.4.1999) by S.I. 1999/506, art. 13
F71	Entry substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 5
F72	Entry removed by S.I. 1986/2119, art. 2
F73	Words inserted by virtue of S.I. 1975/599, art. 3
F74	Entry added by S.I. 1986/2119, art.3
F75	Entry in Sch. 1 added (retrospective to 1.7.1992) by S.I. 1995/1293, art. 4
F76	Entry in Sch. 1 inserted (1.1.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 7; S.I. 1996/3149, art. 3
F77	Entry in Sch. 1 inserted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1 para. 4; S.I. 1997/3004, art. 2, Sch
F78	Entry in Sch. 1 added (31.7.1998) (retrospective to 31.10.1996) by S.I. 1998/1879, arts. 1, 2
F79	Entry in Sch. 1 inserted (E.W.S.) (6.8.1999) by 1999 c. 17, s. 1(3), Sch. 1 para. 11(1) (with s. 15); S.I. 1999/2210, art. 2(6)
F80	Entry in Sch. 1 inserted (8.6.2000) by S.I. 2000/1505, art. 4(2)

Other Bodies

[ F81 Adult Learning Inspectorate ]

[ F82 the Arts and Humanities Research Board. ]

[ F83 Audit Scotland ]

[ F84 A body corporate created by virtue of section 59A ( 2 ) ( c ) of the Further and Higher Education ( Scotland ) Act 1992., ]

[ F85 British Council ]

[ F86 Coal Authority ]

F87 ....

[ F88 The Consumer Council for Postal Services ]

[ F89 Data Protection Registrar ]

[ F90 Further Education Unit ]

Gaming Board for Great Britain.

[ F91 Gas and Electricity Consumer Council. ]

[ F84 General Teaching Council for England ]

[ F84 General Teaching Council for Wales ]

[ F92 The Greater London Authority ]

[ F93 The Greater London Magistrates ’ Courts Authority. ]

the National Criminal Intelligence Service Authority.

the National Crime Squad Service Authority.

the Sector Skills Development Agency.

[ F94 Groundwork Foundation ]

[ F92 The London Development Agency ]

[ F92 The London Transport Users ’ Committee ]

[ F92 The Metropolitan Police Authority ]

. . . F95

[ F82 the National Criminal Intelligence Service Authority. ]

[ the National Crime Squad Service Authority. ]

National Economic Development Council.

National Library of Scotland.

[ F96 New Opportunities Fund ]

Public Works Loan Board.

[ F97 the Qualifications, Curriculum and Assessment Authority for Wales ]

[ F97 the Qualifications and Curriculum Authority ]

[ F98 A development agency established under section 1 of the Regional Development Agencies Act 1998 ] [ F99 ( other than the London Development Agency ( for which there is a separate entry ) ) ]

. . . F100

Scottish Land Court.

. . . F101

[ F102 Police Complaints Authority ]

F103 ....

[ F104 Police Information Technology Organisation ]

[ F105 Employment by the Police Ombudsman for Northern Ireland ]

[ F106 The Independent Commission for Police Complaints for Northern Ireland ]

F107 ....

F108 ....

F107 ....

F109 ....

[ F110 Education Transfer Council. ]

[ F111 Employment by the Football Licensing Authority ]

[ F112 Employment by the Scottish legal services ombudsman ]

[ F113 Employment by the Scottish Parliamentary Corporate Body ]

[ F114 Employment by the Traffic Director for London. ]

[ F115 Employment as a member of the staff of the Auditor General for Wales ]

[ F116 Further Education Funding Council for England. ]

[ F117 Further Education Funding Council for Wales. ]

[ F118 Higher Education Funding Council for England.

Higher Education Funding Council for Wales. ]

[ F119 Scottish Higher Education Funding Council. ]

[ F120 Learning and Skills Council for England ]

[ F82 the Sector Skills Development Agency. ]

[ F121 National Council for Education and Training in Wales ]

F122 ....

F123 ....

[ F124 Bwrdd yr Iaith Gymraeg ( Welsh Language Board ) . ]

[ F125 Teacher Training Agency. ]

[ F92 Transport for London ]

[ F126 Employment by the Legal Services Ombudsman ]

[ F127 Employment by the Pensions Ombudsman ]

[ F128 The Occupational Pensions Regulatory Authority ]

[ F129 Employment by the National Forest Company ]

[ F130 Parole Board ]

[ F131 The Pensions Compensation Board ]

[ F132 Employment by the National Lottery Charities Board ]

[ F111 Employment by the Trustees of the National Heritage Memorial Fund ]

[ F133 Employment by the Local Government Boundary Commission for Wales ]

[ F134 Youth Justice Board for England and Wales ]

F135 ....

F136 ....

[ F137 Employment by the Churches Conservation Trust ]

[ F138 the Human Fertilisation and Embryology Authority ]

[ F139 the Immigration Services Commissioner ]

[ F140 The Security Industry Authority ]

[ F82 SITPRO Limited. ]

[ F141 The Association of Chief Police Officers of England, Wales and Northern Ireland ]

[ F142 The Central Police Training and Development Authority ]

Annotations:
Amendments (Textual)
F81	Entry in Sch. 1 inserted (28.7.2000 as regards to any provision of the amending Act consequential upon ss. 130, 131 or Sch. 8 of the amending Act and 3.8.2000 otherwise) by 2000 c. 21, s. 149, Sch. 9 para. 3; S.I. 2000/2114, art. 2(1), Sch. 1 Pt. I
F82	Sch. 1: Entries inserted (12.8.2002 with effect as specified in art. 2 of the amending Act) at the appropriate place in the list of “ Other Bodies ” by S.I. 2002/1913, art. 2
F83	Entry in Sch. 1 added (1.4.2000) by S.I. 2000/935, art. 4(3)(a)
F84	Entries in Sch. 1 inserted (1.9.2000) by 1998 c. 30, s. 44(1), Sch. 3 para. 2 (with s. 42(8)); S.I. 2000/970, art. 3
F85	Entries inserted by British Council and Commonwealth Institute Superannuation Act 1986 (c. 51, SIF 101A:1), s. 1(1)
F86	Entry in Sch. 1 inserted (E.W.S) (19.9.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I para. 3(6) (with s. 40(7)); S.I. 1994/2189, art. 2, Sch
F87	Sch. 1: Entry repealed (7.1.2003) in the list of “ Other Bodies ” by 2002 c. 39, ss. 1, 3, 4(2), Sch. 1 para. 2, Sch. 3
F88	Sch. 1: Entry in list of “ Other Bodies ” inserted (1.1.2001) by 2000 c. 26, 127(4), Sch. 8 Pt. II para. 13; S.I. 2000/2957, art. 2(2), Sch. 2
F89	Entry in Sch. 1 added (23.3.1999) by S.I. 1999/519, art. 3
F90	The list of “ Other Bodies ” is amended (by the insertion of a reference to the company formed and registered under the Companies Act 1948 and known at 29.7.1988 as the Further Education Unit) by the Education Reform Act 1988 (c. 40, SIF 41:1), s. 224(1)
F91	Sch. 1: entry in list of “ Other Bodies ” inserted (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 44(1); S.I. 2000/2917, art. 2, Sch.
F92	Entries in Sch. 1 inserted (12.1.2000) by 1999 c. 29, s. 389(2) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
F93	Sch. 1: Entry inserted (13.9.2002) at the appropriate place in the list of “ Other Bodies ” by S.I. 2002/2143, art. 2(2)
F94	Entry inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 154
F95	Entry repealed by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(4), Sch. 7
F96	Entry in Sch. 1 added (23.3.1999 with effect from 1.9.1998) by S.I. 1999/519, art. 2(b)
F97	Entries in Sch. 1 inserted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 3(1)(b); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III
F98	Entry in Sch. 1 inserted (25.11.1998 for the purposes of regional development agencies established on that date and 3.7.2000 otherwise) by 1998 c. 45, s. 2, Sch. 2 para. 5(2); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(c)
F99	Words in Sch. 1 added (12.1.2000) by 1999 c. 29, s. 389(6) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
F100	Words repealed by Race Relations Act 1976 (c. 74), Sch. 5
F101	Entry repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. VI
F102	Entry inserted (29.4.1985) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 83, Sch. 4 para. 7(1) and entry continued (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 20
F103	Entry removed (with effect from 1.5.1989) by S.I. 1989/1674, art. 2
F104	Entry in Sch. 1 inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 24; S.I. 1998/354, art. 2(1)(2)(ay)(bb)
F105	Sch. 1: Entry in list of “ Other Bodies ” inserted (6.11.2000) by 1998 c. 32, s. 51, Sch. 3 para. 3(3); S.R. 2000/399, art. 3 (with art. 4)
F106	Entry in Sch. 1 repealed (N.I.) (1.4.1999) by 1998 c. 32, s. 74(2)(3), Schs. 5, 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3
F107	Sch. 1: entries relating to the “ National Curriculum Council ” and the “ School Examinations and Assessement Council ” repealed (1.1.1994) by 1993 c. 35, s. 307(3), Sch. 21, Pt. II; S.I. 1993/3106, art. 4, Sch. 1 Appendix
F108	Entry in Sch. 1 repealed (1.10.1997) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 3(1)(a), Sch. 8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III
F109	Sch. 1: entries inserted (1.11.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 134, 197, Sch. 8 para. 8(5) and repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 para. 73, Sch. 9; S.I. 1992/831, art. 2, Sch. 3
F110	Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I and the entry “ Education Transfer Council ” is removed (17.5.2001) by S.I. 2001/1587, art. 4(a)
F111	Entries in Sch. 1 added (retrospective to 1.4.1999) by S.I. 2000/108, art. 2(b)(c)
F112	Words in Sch. 1 added (1.6.1991) by virtue of S.I. 1991/1166, art. 3
F113	Entry in Sch. 1 added (1.9.1999) by S.I. 1999/2092, art. 2
F114	Entry in Sch. 1 inserted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 52(2), Sch. 5, para. 5(3)(with s. 79(1)); S.I. 1991/2054, art. 3, Sch.
F115	Entry in Sch. 1 inserted (1.12.1998) by 1998 c. 38, s. 92(5); S.I. 1998/2789, art. 2
F116	Entry in Sch. 1 repealed (28.7.2000 as regards to any provision of the amending Act consequential upon ss. 130, 131 or Sch. 8 of the amending Act and it is provided that words “ Further Education Funding Council for England in receipt of remuneration ” are repealed 1.4.2001 otherwise (E.)) by 2000 c. 21, ss. 153, 154, Sch. 11; S.I. 2001/654, art. 2(2), Sch. Pt. II
F117	Entry in Sch. 1 repealed (28.7.2000 as regards to any provision of the amending Act consequential upon ss. 130, 131 or Sch. 8 of the amending Act and it is provided that words “ Further Education Funding Council for Wales in receipt of remuneration ” are repealed otherwise (W.)) by 2000 c. 21, s. 153, Sch. 11; S.I. 2001/1274, art. 2(1), Sch. Pt. I
F118	Sch. 1: entries inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), ss. 1, 9, 62, 70, Sch. 1 para. 7(5); S.I. 1992/831, art. 2, Sch. 1.
F119	Sch. 1: entry inserted (1.6.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 37, Sch. 7 para. 7(5); S.I. 1992/817, art. 3(2), Sch. 2
F120	Entry in Sch. 1 inserted (28.7.2000 as regards to any provision of the amending Act consequential upon ss. 130, 131 or Sch. 8 of the amending Act and 1.9.2000 otherwise) by 2000 c. 21, s. 149, Sch. 9 para. 3; S.I. 2000/2114, art. 2(3), Sch. 1 Pt. III
F121	Entry in Sch. 1 inserted (28.7.2000 as regards to any provision of the amending Act consequential upon ss. 130, 131 or Sch. 8 of the amending Act and 19.9.2000 (W.) otherwise) by 2000 c. 21, s. 149, Sch. 9 para. 3; S.I. 2000/2540, art. 1, Sch.
F122	Sch. 1: entry omitted (19.4.1999) by virtue of S.I. 1999/931, reg. 8
F123	Entry in Sch. 1 repealed (1.3.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 3(1)(a), Sch. 8; S.I. 1998/386, art. 2(1), Sch. 1 Pt. I
F124	Entry in Sch. 1 inserted (21.12.1993) by 1993 c. 38, ss. 4, 36(2), Sch. 1 para. 9(1)
F125	Entry in Sch. 1 inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 3; S.I. 1994/2204, art. 2(1)
F126	Entry in Sch. 1 inserted (28.7.2000 as regards to any provision of the amending Act consequential upon ss. 130, 131 or Sch. 8 of the amending Act and 1.9.2000 otherwise) by 2000 c. 21, s. 149, Sch. 9 para. 3; S.I. 2000/2114, art. 2(3), Sch. 1 Pt. III
F127	Entry in Sch. 1 added (retrospective to 1.4.1991) by S.I. 1995/1293, art. 3
F128	Entry in Sch. 1 inserted (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 12(1) (with s. 121(5)); S.I. 1996/778, art. 2(3), Sch. Pt. III
F129	Entry in Sch. 1 inserted (28.7.2000 as regards to any provision of the amending Act consequential upon ss. 130, 131 or Sch. 8 of the amending Act and 19.9.2000 otherwise) by 2000 c. 21, ss. 149, Sch. 9 para. 3; S.I. 2000/2540, art. 1, Sch.
F130	Entry in Sch. 1 inserted (1.7.1996) by 1991 c. 53, s. 32(7), Sch. 5 para. 6(1) (as substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para. 70; S.I. 1996/1608, art. 2)
F131	Entry in Sch. 1 inserted (1.8.1996) by 1995 c. 26, s. 78(8), Sch. 2 para. 11(1) (with s. 121(5)); S.I. 1996/1412, art. 2(1), Sch. Pt. I
F132	Entry in Sch. 1 added (retrospective to 1.7.1994) by S.I. 1997/236, art. 3
F133	Entry in Sch. 1 added (retrospective to 1.4.1996) by S.I. 1997/254, art. 2
F134	Entry in Sch. 1 inserted (E.W.) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 24; S.I. 1998/2327, art. 2(1)(y)(2)(j)
F135	Entry in Sch. 1 repealed (1.11.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2
F136	Entry in Sch. 1 repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F137	Entry in Sch. 1 added (retrospective to 3.10.1994) by S.I. 1998/3030, arts. 1, 2
F138	Sch. 1: Entry in list of “ Other Bodies ” inserted at the appropriate place (17.5.2001) by S.I. 2001/1587, art. 2
F139	Sch. 1: Entry in list of “ Other Bodies ” inserted at the appropriate place (17.5.2001) by S.I. 2001/1587, art. 2
F140	Sch. 1: Entry in list of “ Other Bodies ” inserted at the appropriate place (1.4.2003) by 2001 c. 12, s. 1, Sch. 1 para. 20; S.I. 2002/3125, art. 3(d)
F141	Sch. 1: Entry in list of “ Other Bodies ” inserted at the appropriate place (1.9.2002) by 2001 c. 16, s. 127(1); S.I. 2002/2050, art. 3
F142	Sch. 1: Entry in list of “ Other Bodies ” inserted at the appropriate place (1.4.2002) by 2001 c. 16, ss. 102, Sch. 4 para. 3; S.I. 2002/533, art. 2(d)
Modifications etc. (not altering text)
C59	The list of “ Other Bodies ” is amended (by the insertion of a reference to the company formed and registered under the Companies Act 1948 and known at 29.7.1988 as the Further Education Unit) by the Education Reform Act 1988 (c. 40, SIF 41:1), s. 224(1)

F143 Offices

Receiver for the Metropolitan Police District.

Falkland Macer.

[ F144 Crown Solicitor for Northern Ireland. ]

[ F145 Assistant Chancery Registrar. ]

F146 ....

[ F147 Lord Lyon King of Arms ]

[ F147 Lyon Clerk and Keeper of the Records of Court ]

[ F147 Lyon King of Arms ]

[ F148 a member of the staff of the National Audit Office ]

[ F149 office of inspector of the Football Licensing Authority ]

[ F150 office of lay observer within s. 45 of the Solicitors Act 1974 ]

[ F151 office of the Scottish legal services ombudsman ]

[ F152 office of the Chairman of the Local Government Staff Commission ( England ) ]

[ F153 office of the Pensions Ombudsman ]

[ F154 office of the [ F155 Information Commissioner ] ]

[ F156 office of the Chairman of the Criminal of the Criminal Injuries Compensation Board ]

[ F157 the Chairman of the Forestry Commission. ]

[ F158 office of the social fund Commissioner for Great Britain ]

[ F159 office of the social fund Commissioner for Northern Ireland ]

[ F160 Auditor General for Scotland ]

[ F161 Auditor General for Wales ]

[ F162 office of member of the Parole Board ]

[ F163 office of the Legal Services Ombudsman ]

[ F164 Welsh Administration Ombudsman ]

[ F165 Health Service Commissioner for Wales ]

F166 ....

[ F167 office of rent officer ]

[ F168 the Immigration Services Commissioner. ]

[ F169 the Deputy Immigration Services Commissioner. ]

[ F170 the First Civil Service Commissioner. ]

Annotations:
Amendments (Textual)
F143	Sch. 1: power to amend conferred (13.11.2000 with application to Wales) by 2000 c. 14, s. 72, Sch. 2 para. 17(1); S.I. 2000/2992, art. 2(1)
F144	Words added by virtue of S.I. 1974/1085, art. 3
F145	Words inserted by virtue of S.I. 1975/338, art. 3
F146	Words in Sch. 1 (which were inserted by virtue of S.I. 1975/599) repealed (retrospective to 1.7.1996) by S.I. 1998/3030, art. 3(b)
F147	Entries added by S.I. 1979/1540, art. 2
F148	Entry added by S.I. 1983/1942, art. 2
F149	Entry in Sch. 1 added (retrospective to 1.4.1999) by S.I. 2000/108, art. 2(a)
F150	Office of lay observer within s. 45 of the Solicitors Act 1974 added by S.I. 1985/1855, art. 2
F151	Words in Sch. 1 added by virtue of S.I. 1991/1166, art. 2.
F152	Entry in Sch. 1 added (retrospective to 13.5.1993) by S.I. 1995/1293, art. 5
F153	Entry in Sch. 1 added (retrospective to 1.9.1994) by S.I. 1995/1293, art. 6
F154	Entry in Sch. 1 added (retrospective to 1.9.1994) by S.I. 1995/1293, art.7
F155	Words in Sch. 1 substituted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 6
F156	Entry in Sch. 1 added (retrospective to 1.3.1989) by S.I. 1996/608, art. 2
F157	Sch. 1: entry inserted (12.8.2002) at the appropriate place in the list of “ Offices ” by S.I. 2002/1913, art. 2
F158	Entry in Sch. 1 added (retrospective to 1.6.1995) by S.I. 1997/851, art. 2
F159	Entry in Sch. 1 added (retrospective to 1.6.1995) by S.I. 1997/851, art. 3
F160	Entry in Sch. 1 added (1.4.2000) by S.I. 2000/935, art. 4(3)(b)
F161	Entry in Sch. 1 inserted (1.12.1998) by 1998 c. 38, s. 91(3); S.I. 1998/2789, art. 2
F162	Entry in Sch. 1 added (retrospective to 1.7.1996) by S.I. 1998/3030, art. 3(a)
F163	Entry in Sch. 1 added (retrospective to 22.9.1997) by S.I. 1998/3030, arts. 1, 4
F164	Entry in Sch. 1 inserted (1.2.1999) by 1998 c. 38, s. 111(2), Sch. 9 Pt. I para. 4(4); S.I. 1999/118, art. 2
F165	Entry in Sch. 1 inserted (1.7.1999) by 1993 c. 48, Sch. 1A para. 5(5) (as inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17; S.I. 1999/1290, art. 4)
F166	Sch. 1: entry in list of “ Offices ” repealed (17.5.2001) by S.I. 2001/1587, art. 4(b)
F167	Sch. 1: entry in list of “ Offices ” added (24.7.2000 with effect retrospective to 1.10.1999) by S.I. 2000/1728, art. 2(1)(b)(2)
F168	Sch. 1: entry in list of “ Offices ” inserted at the appropriate place (17.5.2001 with effect retrospective to 22.5.2000) by virtue of S.I. 2001/1587, art. 3
F169	Sch. 1: entry in list of “ Offices ” inserted at the appropriate place (17.5.2001 with effect retrospective to 5.6.2000) by virtue of S.I. 2001/1587, art. 3
F170	Sch. 1: entry in list of “ Offices ” inserted at the appropriate place (17.5.2001 with effect retrospective to 1.8.2000) by virtue of S.I. 2001/1587, art. 3

SCHEDULE 2

Section 2.

The Existing Civil Service Superannuation Provisions

Part I

Enactments

The Pensions Commutation Acts 1871 to 1882, in so far as they apply to persons to whom section 1 of this Act applies.

Section 281 of the M27 Government of India Act 1935.

Section 26 of the M28 Agriculture Act 1937.

Section 18 of the M29 Old Age and Widows ’ Pensions Act 1940.

Part II of the Schedule to the M30 Agriculture (Miscellaneous Provisions) Act 1944.

Section 6 of the M31 Food and Drugs (Milk and Dairies) Act 1944.

Section 6(2)(d)(i), (ii) and (iii) of the M32 Commonwealth Telegraphs Act 1949.

Section 53 of the M33 Superannuation Act 1949.

So much of section 2(7) of the M34 Supreme Court Officers (Pensions) Act 1954 as provides for such employments of such persons as are referred to therein to be treated as having been employment in the civil service of the State.

The M35 Superannuation Act 1965, except sections 38, 39, 39A, 42(1), 93, 95, 96, 97, 102, 104(2) and 106, Schedule 9, paragraphs 10 and 11 of Schedule 10 and Schedule 11.

Section 1 of the M36 Superannuation (Miscellaneous Provisions) Act 1967.

Section 45 of the M37 Post Office Act 1969.

Annotations:
Marginal Citations
M27	1935 c. 2 (26 Geo. 5 & 1 Edw. 8).
M28	1937 c. 70.
M29	1940 c. 13.
M30	1944 c. 28.
M31	1944 c. 29.
M32	1949 c. 39.
M33	1949 c. 44.
M34	1954 c. 38.
M35	1965 c. 74.
M36	1967 c. 28.
M37	1969 c. 48.

Part II

Instruments

The following, in so far as they are in force immediately before the commencement of this Act: —

Any rules, regulations, orders, schemes or warrants made, or having effect as if made, under an enactment listed in Part I above, except any regulations made under section 6(2) of the Commonwealth Telegraphs Act 1949 in so far as they apply to persons who have ceased to be employed in the civil service of the State.

Article 6 of the M38 Government of Ireland (Miscellaneous Adaptations)(Northern Ireland) Order 1923.

The National Insurance (Modification of the M39 Superannuation Acts) Regulations 1948.

The National Insurance (Modification of the M40 Superannuation Acts)(Amendment) Regulations 1949.

The National Insurance (Modification of the M41 Superannuation Acts) Regulations 1960.

The National Insurance (Modification of the M42 Superannuation Acts) Regulations 1961.

The M43 Widows ’ , Children ’ s and Dependants ’ Pensions (India and Pakistan) Rules 1965, in so far as they apply to persons who at the commencement of this Act are serving in employment in the civil service of the State.

The National Insurance (Modification of the M44 Superannuation Acts)(Amendment) Regulations 1965.

The National Insurance (Modification of the M45 Superannuation Acts)(Amendment) Regulations 1971.

Annotations:
Marginal Citations
M38	S.R. & O. 1923/803.
M39	S.I. 1948/498.
M40	S.I. 1949/1620.
M41	S.I. 1960/1270.
M42	S.I. 1961/1358.
M43	S.I. 1965/102.
M44	S.I. 1965/1296.
M45	S.I. 1971/1441.

SCHEDULE 3

Sections 7, 9, 10, 24.

Provisions Which may be Included in Certain Regulations

Annotations:
Subordinate Legislation Made
P5	Sch. 3: ss. 10(1)(2)(3)(3A) and 24(1)(3)(4) (with s. 12(1)(2) and Sch. 3) power exercised by S.I. 1991/584. Sch. 3: s. 7 (with s. 12 and Sch. 3) power exercised by S.I.1991/2471.
P6	Sch. 3: for exercises of this power see Index to Government Orders.

1. Provision as to the means by which the cost of providing the benefits for which the regulations provide is to be defrayed, including provision for the making of contributions or other payments by persons entitled to participate in such benefits and by the employers of those persons or such other persons as may be prescribed by the regulations.

Annotations:
Modifications etc. (not altering text)
C60	Sch. 3 para. 1 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

2. Provision for the establishment and administration of superannuation funds, the management and application of the assets of such funds, the amalgamation of all or any of such funds, and the winding up of, or other dealing with, any such fund.

Annotations:
Modifications etc. (not altering text)
C61	Sch. 3 para. 2 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

3. Provision for the payment and receipt of transfer values or in lieu thereof for the transfer or receipt of any fund or part of a fund or policy of insurance.

Annotations:
Modifications etc. (not altering text)
C62	Sch. 3 para. 3 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

4. Provision for reckoning in respect of a person to whom the regulations apply any service in employment or as the holder of an office (other than service in respect of which benefits are payable under the regulations) as service in respect of which such benefits are payable, either unconditionally or subject to such conditions as may be prescribed by the regulations and either as respects the whole of the service or as respects such fraction thereof as may be so prescribed.

In this paragraph “ employment ” includes engagement in any service.

Annotations:
Modifications etc. (not altering text)
C63	Sch. 3 para. 4 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

5. Provision for the making by such persons as may be prescribed by the regulations of payments towards the provision (otherwise than under the regulations) of pensions, allowances or gratuities in such cases as may be determined in accordance with the regulations.

Annotations:
Modifications etc. (not altering text)
C64	Sch. 3 para. 5 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

6. Provision as to the circumstances in which contributions paid by any person in accordance with the regulations, or any part thereof, may be repaid with or without interest.

Annotations:
Modifications etc. (not altering text)
C65	Sch. 3 para. 6 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

7. Provision for securing that where —

(a)

the regulations provide for the payment to or in respect of a person of a pension in consequence of his having become incapacitated, or having died, as a result of an injury sustained, or disease contracted, in circumstances prescribed by the regulations; and

(b)

any damages in respect of the injury, disease or death in consequence of which the pension is paid are recovered by or on behalf of the person to whom the pension is paid,

the amount of any payments made to that person in respect of the pension before the right to or amount of such damages is finally determined, or such part of those payments as may be determined in accordance with the regulations, may be recovered from that person in such circumstances and subject to such conditions as the regulations may provide.

In this paragraph “ pension ” includes allowance and gratuity.

Annotations:
Modifications etc. (not altering text)
C66	Sch. 3 para. 7 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

8. Provision authorising the payment, without probate or other proof of title, of any sum due under the regulations in respect of a person who has died to his personal representatives or such other persons as may be prescribed by the regulations.

Annotations:
Modifications etc. (not altering text)
C67	Sch. 3 para. 8 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

9. Provision rendering void any assignment of or charge on, or any agreement to assign or charge, any benefit under the regulations, and provision that on the bankruptcy of a person entitled to such a benefit no part thereof shall pass to any trustee or other person acting on behalf of the creditors except in accordance with an order made by a court in pursuance of any enactment specified in the regulations.

In the application of this paragraph to Scotland for the references to assignment and to the bankruptcy of a person there shall be substituted respectively references to assignation and to the sequentration of the estate of a person.

Annotations:
Modifications etc. (not altering text)
C68	Sch. 3 para. 9 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

10. Provision for the determination of all questions arising under the regulations and for any decision which falls to be taken by a Minister of the Crown in accordance with the regulations to be final.

Annotations:
Modifications etc. (not altering text)
C69	Sch. 3 para. 10 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

11. Provision for conferring on such persons as may be prescribed by the regulations such functions as the Secretary of State considers necessary or expedient for purposes of the regulations.

Annotations:
Modifications etc. (not altering text)
C70	Sch. 3 para. 11 modified (E.W.) ( prosp. ) by 1994 c. 29, ss. 82(5), 94(1) (which amending provision was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)) and (E.W.) ( prosp. ) by 1997 c. 25, ss. 50(5), 74(2)(3) (with Sch. 4 para. 27)

12. Provision repealing or amending any provision in any Act of Parliament, whether public general, local or private, including an Act confirming a provisional order, or in any order or other instrument made under any such Act, where is appears to the Secretary of State that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, the regulations.

13. Such incidental, supplementary, consequential and transitional provisions as appear to the Secretary of State to be necessary or expedient.

SCHEDULE 4

Section 22.

Bodies to whom Section 22 relates

Body	Enactment under which determination made
. . .	. . . F171
. . .	. . . F172
. . .	. . . F173
F174 ....	F174 ....
[ F175 Council for Professions Supplementary to Medicine ]	[ M46 F175 Professions Supplementary to Medicine Act 1960, Schedule 1, paragraph 20 ( 1 ) . ]
Covent Garden Market Authority	M47 Covent Garden Market Act 1961, Schedule 1, paragraph 8(2)(b).
. . .	. . . F176
Industrial Training Board	M48 Industrial Training Act 1964, Schedule, paragraph 10.
Meat and Livestock Commission	M49 Agriculture Act 1967, Schedule 1, Part II, paragraph 8(2)(b).
. . .	. . . F177
. . .	. . . F178
F179 . . .	F179 . . .
.... F180	.... F180 .
. . .	. . . F181
. . .	. . . F182

Annotations:
Amendments (Textual)
F171	Entry repealed by Airports Authority Act 1975 (c. 78), Sch. 6
F172	Entry repealed by Film Levy Finance Act 1981 (c. 16, SIF 45A), ss. 1(1), 10, Sch. 2
F173	Entry repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X
F174	Entry in Sch. 4 repealed (27.7.1999) by 1999 c. 20, s. 27, Sch. 4 (with s. 15)
F175	Entries in Sch. 4 omitted (the ommission coming into force in accordance with art. 1(2)(3)) of the amending S.I. by S.I. 2002/254, arts. 1(2)(3), 48, Sch. 4, para. 2(b)
F176	Entry repealed by Independent Broadcasting Authority Act 1973 (c. 19), Sch. 3 Pt. I
F177	Entry repealed by National Film Finance Corporation Act 1981 (c. 15, SIF 45A), ss. 1(1), 10, Sch. 3 Pt. I
F178	Entry repealed by Transport Act 1981 (c. 56, SIF 126, 58), ss. 1(1), 15(1)(5), 40(3), Sch. 12 Pt. II
F179	Entry in Sch. 4 repealed (6.1.1992) by British Technology Group Act 1991 (c. 66, SIF 64), ss. 1(1), 17(2), Sch. 2 Pt. I; S.I. 1991/2721, art. 2
F180	Entry in Sch. 4 repealed (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2
F181	Entry repealed by Agriculture (Miscellaneous Provisions) Act 1976 (c. 55), Sch. 4 Pt.I
F182	Entry repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. I
Marginal Citations
M46	1960 c. 66.
M47	1961 c. 49.
M48	1964 c. 16.
M49	1967 c. 22.

SCHEDULE 5

. . . F183

Annotations:
Amendments (Textual)
F183	Sch. 5 repealed (except as applied by para. 1(2)( a ) of Sch. 7) by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

SCHEDULE 6

Section 29.

Consequential and Minor Amendments.

M50 Supreme Court of Judicature Act (Ireland) 1877.

Annotations:
Marginal Citations
M50	1877 c. 57.

1. In section 76 of the Supreme Court of Judicature Act (Ireland) 1877 for the words from “ and whose ” to the end substitute " shall for the purposes of superannuation be deemed to be employed in the civil service of the State. "

Annotations:
Modifications etc. (not altering text)
C71	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80 – 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M51 Judicial Factors (Scotland) Act 1889

Annotations:
Marginal Citations
M51	1889 c. 39.

2. In section 1 of the Judicial Factors (Scotland) Act 1889 for the words from “ No ” to the end substitute " The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply in relation to the accountant and the said clerks as it applies in relation to persons to whom section 1 of the Act applies " .

Annotations:
Modifications etc. (not altering text)
C72	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80 – 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M52 Clerks of Session (Scotland) Regulation Act 1889

Annotations:
Marginal Citations
M52	1889 c. 54.

3. For section 8 of the Clerks of Session (Scotland) Regulation Act 1889 substitute —

" 8. The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply in relation to persons appointed to offices in the Court of Session as it applies in relation to persons to whom section 1 of that Act applies. "

Annotations:
Modifications etc. (not altering text)
C73	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

Annotations:
Amendments (Textual)
F184	Sch. 6 para. 4 repealed by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), s. 8, Sch. 3

M53 Constabulary (Ireland) Act 1922

Annotations:
Marginal Citations
M53	1922 c. 55.

5. In section 1(5) of the Constabulary (Ireland) Act 1922 for “ the permanent civil service of the Crown on ” substitute " a public civil office on consequence of " .

Annotations:
Modifications etc. (not altering text)
C74	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

Annotations:
Amendments (Textual)
F185	Sch.6 paras. 6, 8, 34 repealed by Supreme Court Act 1981 (c. 54, SIF 37), ss. 152(4), 153(2), Sch. 7

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

Annotations:
Amendments (Textual)
F186	Sch.6 paras. 7, 15, 28 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187

Annotations:
Amendments (Textual)
F187	Sch.6 paras. 6, 8, 34 repealed by Supreme Court Act 1981 (c. 54, SIF 37), ss. 152(4), 153(2), Sch. 7

M54 Sheriff Courts and Legal Officers (Scotland) Act 1927

Annotations:
Marginal Citations
M54	1927 c. 35.

9. In section 1(3) of the Sheriff Courts and Legal Officers (Scotland) Act 1927 for “ the Superannuation Acts 1834 to 1919 ” substitute " the principal civil service pension scheme within the meaning of the section 2 of the Superannuation Act 1972 and for the time being in force " .

Annotations:
Modifications etc. (not altering text)
C75	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

F188 10. In section 6 of the said Act of 1927 for the words from “ to be ” to the end substitute " for all purposes to be employed in the civil service of the State " .

Annotations:
Amendments (Textual)
F188	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189

Annotations:
Amendments (Textual)
F189	Sch.6 para. 11 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

M55 Administration of Justice (Scotland) Act 1933

Annotations:
Marginal Citations
M55	1933 c. 41.

12. In section 28 of the Administration of Justice (Scotland) Act 1933 for the words from “ the conditions ” to the end substitute " the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply in relation to persons appointed to any such office as it applies in relation to persons to whom section 1 of that Act applies " .

Annotations:
Modifications etc. (not altering text)
C76	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80 – 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

13, 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190

Annotations:
Amendments (Textual)
F190	Sch.6 paras. 13, 14 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F191

Annotations:
Amendments (Textual)
F191	Sch.6 paras. 7, 15, 28 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

M56 Land Registration Act 1936

Annotations:
Marginal Citations
M56	1936 c. 26.

16. In section 7(a) of the Land Registration Act 1936 for the words from “ under ” to the end substitute “ payable by virtue of schemes made under section 1 of the Superannuation Act 1972 ” .

Annotations:
Modifications etc. (not altering text)
C77	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1 – 3, 5, 9, 10, 12, 16 – 21, 24 – 27, 29 ‐ 33, 39 – 41, 43, 46, 48, 51, 56 – 58, 60 – 67, 70, 72 – 74, 77, 78, 80 – 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M57 Superannuation (Various Services) Act 1938

Annotations:
Marginal Citations
M57	1938 c. 13.

17. In the Schedule to the Superannuation (Various Services) Act 1938, in Part I, for the words from “ The Merchant Shipping Act ” to “ 1898 ” substitute " The Merchant Shipping ( Mercantile Marine Fund ) Act 1989, section 1A, as inserted by section 17 of the Superannuation Act 1972 " .

Annotations:
Modifications etc. (not altering text)
C78	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M58 Scottish Land Court Act 1938

Annotations:
Marginal Citations
M58	1938 c. 31.

18. In section 1(2) of the Scottish Land Court Act 1938 for “ The Superannuation Acts 1834 to 1935 ” substitute " The principal cicil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force " and for “ those Acts apply to persons in the permanent ” substitute " that scheme applies to persons employed in the " .

Annotations:
Modifications etc. (not altering text)
C79	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M59 Local Government (Scotland) Act 1947

Annotations:
Marginal Citations
M59	147 c. 43.

19. In section 96 of the Local Government (Scotland) Act 1947 for “ the Local Government Superannuation (Scotland) Act, 1937 or any other ” substitute " any regulations made under section 7 of the Superannuation Act 1972 or any " and for “ Act of 1937 or such other ” substitute " regulations, " .

Annotations:
Modifications etc. (not altering text)
C80	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

20. In section 260(2) of the said Act of 1947 for “ the Local Government Superannuation (Scotland) Act 1937 ” substitute " any regulations made under section 7 of the Superannuation Act 1972 " and for “ that Act ” substitute " those regulations " .

Annotations:
Modifications etc. (not altering text)
C81	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M60 Church Commissioners Measure 1947

Annotations:
Marginal Citations
M60	C.A.M. 1947 No. 2.

21. For paragraph (b) of the proviso to section 17(1) of the Church Commissioners Measure 1947 substitute —

" ( b )

the superannuation benefits to be granted to or in respect of him on his retirement or death not to be less than those which might have been awarded had the provisions of the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and then in force applied to him, and the Commissioners shall have the like power to permit the allocation of such benefits to the spouse or dependents of such an officer as they would have had by virtue of section 1 of the Superannuation ( Various Services ) Act 1938 had not that section been repealed. "

Annotations:
Modifications etc. (not altering text)
C82	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F192

Annotations:
Amendments (Textual)
F192	Ss. 17(2), Sch. 6 para. 22 repealed by Finance Act 1972 (c. 41), Sch. 28 Pt. IV

Police Pensions Act 1948

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193

Annotations:
Amendments (Textual)
F193	Sch. 6 para. 23 repealed by Police Pensions Act 1976 (c. 35), Sch. 3

M61 Local Government Act 1948

Annotations:
Marginal Citations
M61	1948 c. 26.

F194 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F194	Sch. 6 para. 24 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(b)(d), Sch.

M62 Superannuation (Miscellaneous Provisions) Act 1948

Annotations:
Marginal Citations
M62	1948 c. 33.

25. In section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 —

(a) in subsection (1), proviso (ii) after “ (c) ” insert " ( cc ) " ;

(b) for subsection (2)(a) substitute —

" ( c )

employment by virtue of which the person employed is or is deemed to be, or, but for any rules made under this section, would be or would deemed to be, a contributory employee or local Act contributor within the meaning of regulations made under section 7 of the said Act of 1972 in its application to England and Wales ;

( cc )

employment by virtue of which the person employed is, or is deemed to be, but for any rules made under this section, would be or deemed to be a contibutory employee or local Act contributor within the meaning of regulations made under the said section 7 in its application to Scotland "

(d) for subsection (2)(e) substitute —

" ( e )

employment by virute of which the person employed is entitled to participate in superannuation benefits provided under regulations made under section 9 of the said Act of 1972 in its application to England and Wales; "

(e) for subsection (2)(ee) substitute —

" ( ee )

employment by virtue of which the person is entitled to participate in superannuation benefits provided under regulations made under the said section 9 in its application to Scotland; "

(f) in subsection (3)(iii) for “ or ” substitute " and in relation to the class specified in paragraph ( cc ) thereof " ;

(g) in subsection (4)(e) after “ (c) ” insert " paragraph ( cc ) " .

Annotations:
Modifications etc. (not altering text)
C83	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

26. In section 17(1) of the said Act of 1948 —

(a) immediatley before the definition of “ pension ” insert " “ local Act scheme ” has the same meaning as in section 8 of the Superannuation Act 1972 " ; and

(b) in the definition of “ pension fund ” , for the words from “ the Metropolitan ” onwards substitute " in relation to schemes made under section 1 of the Superannuation Act 1972 and regulations made under section 9 thereof, the Consolidated Fund " .

Annotations:
Modifications etc. (not altering text)
C84	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M63 National Health Service (Amendment) Act 1949

Annotations:
Marginal Citations
M63	1949 c. 93.

27. In section 18 of the National Health (Amendment) Act 1949, in subsection (1), for “ subsection (1) of section sixty-seven of the Act of 1946 ” substitute " section 10 of the Superannuation Act 1972 " and in subsection (5) omit the words from “ and for ” to the end.

Annotations:
Modifications etc. (not altering text)
C85	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F195

Annotations:
Amendments (Textual)
F195	Sch.6 paras. 7, 15, 28 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

29. For section 35 of the said Act of 1951 substitute —

" 35. The principal civil service scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall have effect as if employment as such an officer as is mentioned in section 30 ( 1 ) of this Act were employment in the civil service of the State. "

Annotations:
Modifications etc. (not altering text)
C86	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M64 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

Annotations:
Marginal Citations
M64	1951 c. 65.

30. In section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for paragraphs (i) and (ii) substitute —

" ( i )

regulations made under section 7 or 10 of the Superannuuation Act 1971 ; or

( ii )

any local Act scheme; or "

Annotations:
Modifications etc. (not altering text)
C87	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

31. In section 61(1) of the said Act of 1951 for paragraphs (b) and (c) substitute —

" ( b )

any regulations made under section 7 or 10 of the Superannuation Act 1972 ( which relate respectively to the superannuation of local government officers etc. and national health service officers ) ;

( c )

any local Act scheme ; "

Annotations:
Modifications etc. (not altering text)
C88	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, ;41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80 – 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

32. In section 64 of the said Act of 1951 for the definitions of “ local authority ” and “ local Act scheme ” substitute — " “ local authority ” has the same meaning as in paragraph 6 ( 1 ) of Schedule 3 to the Pensions ( Increase ) Act 1971 and any reference in this Act to a local authority shall apply also to the bodies mentioned in paragraph 6 ( 2 ) of that Schedule; “ local Act scheme ” means the superannuation scheme administered by a local authority maintaining a superannuation fund under a local Act; "

Annotations:
Modifications etc. (not altering text)
C89	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

33. In Schedule 2 to the said Act of 1951, in Part I, for paragraph 8 substitute —

" 8.

Capacity	Paying Authority
Registration officer within the meaning of regulations made under section 7 of the Superannuation Act 1972.	The local authority in whose employment he is or is deemed for the purposes of those regulations to be.	"

Annotations:
Modifications etc. (not altering text)
C90	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196

Annotations:
Amendments (Textual)
F196	Sch.6 paras. 6, 8, 34 repealed by Supreme Court Act 1981 (c. 54, SIF 37), ss. 152(4), 153(2), Sch. 7

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F197

Annotations:
Amendments (Textual)
F197	Sch. 6 para. 35 repealed by Restrictive Practices Court Act 1976 (c. 33), Sch.

36, 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F198

Annotations:
Amendments (Textual)
F198	Sch. 6 para. 36, 37 repealed by Overseas Pensions Act 1973 (c. 21), s. 2(3), Schs. 1, 2

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199

Annotations:
Amendments (Textual)
F199	Sch.6 para. 38 (the amendment of s. 126 of Road Traffic Act 1960) repealed by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 88, Sch. 8

M65 Covent Garden Market Act 1961

Annotations:
Marginal Citations
M65	1961 c. 49.

39. In Schedule 1 to the Covent Garden Market Act 1961, in paragraph 8(2)(b), for “ pensions ” substitute " pensions, allowances or gratuities " .

Annotations:
Modifications etc. (not altering text)
C91	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M66 Trustee Investments Act 1961

Annotations:
Marginal Citations
M66	1961 c. 62.

40. In section 11(4)(c) of the Trustee Investments Act 1961 for the words from “ a combination scheme ” to the end substitute " those authorities acting in combination in accordance with regulations made under section 7 of the Superannuation Act 1972 " .

Annotations:
Modifications etc. (not altering text)
C92	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M67 Transport Act 1962

Annotations:
Marginal Citations
M67	1962 c. 46.

41. In Schedule 10 to the Transport Act 1962 in paragraph 8, omit the words in sub-paragraph (1) from “ (including ” to “ retirement) ” and after the said sub-pargaraph (1) insert —

" ( 1A ) There shall be apid to or in respect of the clerk, officers and servants of the tribunal such pensions, allowances or gratuities as the Secretary of State, with the approval of the Minister for the Civil Service, may determine, and those pensions, allowances or gratuities shall be the same as could be paid to or in respect of those persons if they were persons to whom section 1 of the Superannuation Act 1972 applies, and the principal civil service pension scheme within the meaning of section 2 of the said Act of 1972 .... F200 shall apply accordingly with any necessary adaptations. "

Annotations:
Amendments (Textual)
F200	Words in Sch. 6 para. 41 repealed (27.7.1992) by Finance Act 1972 (c. 41), s. 134, Sch. 28 Pt. IV
Modifications etc. (not altering text)
C93	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80 – 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F201

Annotations:
Amendments (Textual)
F201	Sch.6 para. 42 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(3), Sch. 5

M68 Water Resources Act 1963

Annotations:
Marginal Citations
M68	1963 c. 38.

43. In section 97 of the Water Resources Act 1963 —

(a) in subsection (2), for the words from “ and section 35 ” to the end substitute " and any question as to the existance or extent of any such customary obligations shall be determined by the Secretary of State whose decision shall be final : "

Provided that the Secretary of State may at any time before the question isdetermined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings

(b) in subsection (3), for the words from “ and section 35 ” to the end substitute " and any question arising under this subsection shall be deterrmined as if it were such a question as is mentioned in subsection ( 2 ) of this section " ; and

Annotations:
Modifications etc. (not altering text)
C94	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F202

Annotations:
Amendments (Textual)
F202	Sch. 6 para. 44 repealed by Independent Broadcasting Authority Act 1973 (c. 19), Sch. 3 Pt. I

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F203

Annotations:
Amendments (Textual)
F203	Sch.6 para. 45 repealed by Transport Act 1981 (c. 56, SIF 58),ss. 1(1), 15(1)(5), 33, Sch. 12 Pt. II

M69 Police Act 1964

Annotations:
Marginal Citations
M69	1964 c. 48.

46. In Schedule 4 to the Police Act 1964, in paragraph 5(6), for the words from “ and section 35 ” to the end substitute

" and any question arising under this sub-paragraph shall be determined by the Secretary of State whose decision shall be final :

Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the from of a special case for the opinion of the High Court any question of law arising in those proceedings "

Annotations:
Modifications etc. (not altering text)
C95	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F204

Annotations:
Amendments (Textual)
F204	Sch.6 para. 47 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pts. I, II

M70 Public Libraries and Museums Act 1964

Annotations:
Marginal Citations
M70	1964 c. 75.

48. In Schedule 1 to the Public Libraries and Museums Act 1964, in paragraph 3, for the words from “ and section 35 ” to the end substitute

" and any question arising under this paragraph shall be determined by the Secretary of State whose decision shall be final :

Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings "

Annotations:
Modifications etc. (not altering text)
C96	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

49. — 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F205

Annotations:
Amendments (Textual)
F205	Sch. 6 paras. 49, 50 repealed by S.I. 1977/1314, Sch. 6 Pt. I

M71 Registration of Births, Deaths and Marriages (Scotland) Act 1965

Annotations:
Marginal Citations
M71	1965 c. 49.

51. In section 7(7) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 for “ section 7 of the Local Government Superannuation (Scotland) Act 1937 ” substitute " regulations under section 7 of the Superannuation Act 1972 " .

Annotations:
Modifications etc. (not altering text)
C97	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

National Insurance Act 1965

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206

Annotations:
Amendments (Textual)
F206	Sch. 6 para. 52 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I
Modifications etc. (not altering text)
C98	Sch. 6 para. 52: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207

Annotations:
Amendments (Textual)
F207	Sch.6 para. 53 repealed by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 13

Redundancy Payments Act 1965

54. — 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F208

Annotations:
Amendments (Textual)
F208	Sch. 6 paras. 54, 55 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

M72 Superannuation Act 1965

Annotations:
Marginal Citations
M72	1965 c. 74.

56 In section 38 of the Superannuation Act 1965

(a) in subsection (2)(a) for “ this Act and any other ” substitute " any " ;

(b) in subsection (2)(b) for the words from “ this Act ” to “ any other ” substitute " the civil service scheme, with or without modifications, in substitution for any " , and for “ this Act ” , where last occurring, substitute " that scheme " ;

(d) after subsection (5) insert —

" ( 5A ) References in this section to enactments shall be construed as including references to the civil serivce scheme, and in this section “ the civil service scheme ” means the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force. "

Annotations:
Modifications etc. (not altering text)
C99	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

57. In section 42(1) of the said Act of 1965 for “ this Act specified in subsection (3) of this section ” substitute " the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force " .

Annotations:
Modifications etc. (not altering text)
C100	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

58. In section 95 of the said Act of 1965 —

(a) in subsection (1) for the words from “ regulations ” to “ warrant ” substitute " or orders " ;

(b) in subsection (2) for the words from “ regulations or ” to “ said section 93 ” substitute " an order made under this Act " .

Annotations:
Modifications etc. (not altering text)
C101	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F209

Annotations:
Amendments (Textual)
F209	Sch.6 para. 59 repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

M73 Forestry Act 1967

Annotations:
Marginal Citations
M73	1967 c. 10.

60. In Schedule 1 to the Forestry Act 1967, in paragraph 9 —

(a) in sub-paragraph (1) for the words from “ officers ” to “ to time ” substitute " classes of officers employed by the Commissioners as may be " ;

(b) in sub-paragraph (2) for the words from “ civil service superannuation ” to “ relief) ” substitute " principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme.... F210 " ; and

Annotations:
Amendments (Textual)
F210	Words in Sch. 6 para. 60 (b) repealed (27.7.1992) by Finance Act 1972 (c. 41), s. 134, Sch. 28 Pt. IV
Modifications etc. (not altering text)
C102	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

61. In the said Schedule 1, for paragraph 10(3), substitute —

" ( 3 ) A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme. "

Annotations:
Modifications etc. (not altering text)
C103	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

62. In the said Schedule 1, at the end of paragraph 12 insert — " This paragraph shall be included among the provisions with respect to which the Treasury may make an order under section 6 ( 1 ) of the Administration of Estates ( Small Payments ) Act 1965 substituting for references to £ 500 such higher amount as may be specified in the order. "

Annotations:
Modifications etc. (not altering text)
C104	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M74 Parliamentary Commissioner Act 1967

Annotations:
Marginal Citations
M74	1967 c. 13.

63. In Schedule 1 to the Parliamentary Commissioner Act 1967, in paragraph 1, for the words from “ schemes ” to “ State ” substitute " scheme of pensions and other benefits applicable to the judicial officers listed in Schedule 1 to the Judicial Pensions Act 1959 and the scheme of pensions and other benefits applicable by virtue of section 1 of the Superannuation Act 1972 to the civil service of the State " .

Annotations:
Modifications etc. (not altering text)
C105	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

64. In the said Schedule 1, in paragraph 3, —

(a) for “ the Superannuation Act 1965 ” substitute " the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force " ; and

(b) for “ an established capacity ” substitute " employment " .

Annotations:
Modifications etc. (not altering text)
C106	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M75 Superannuation (Miscellaneous Provisions) Act 1967

Annotations:
Marginal Citations
M75	1967 c. 28.

65. In section 4(6) of the Superannuation (Miscellaneous Provisions) Act 1967 omit “ in an established capacity ” and for “ the Superannuation Act 1965 ” substitute " the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force " .

Annotations:
Modifications etc. (not altering text)
C107	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

66. In section 7 of the said Act of 1967 —

(a) in subsection (1), for “ section 67(1) of the National Health Service Act 1946 ” substitute " section 10 of the Superannuation Act 1972 " , for “ said Act of 1946 ” where first occurring, substitute " National Health Service Act 1946 " and for “ the Superannuation Act 1965 ” substitute " any scheme under section 1 of the said Act of 1972 " ; and

(b) in subsections (2) and (4), for “ section 67(1) ” substitute " section 10 " .

Annotations:
Modifications etc. (not altering text)
C108	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

67. In section 18(4) of the said Act of 1967 for “ Sections 6 to 8 ” substitute " Section 7 " and for “ so far as they apply ” , in both places, substitute " so far as it applies " .

Annotations:
Modifications etc. (not altering text)
C109	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

Air Corporations Act 1967

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211

Annotations:
Amendments (Textual)
F211	Ss. 21, 30(3), Sch. 6 paras. 68, 96 repealed by British Airways Board Act 1977 (c. 13, SIF 9), s. 24(1), Sch. 2

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F212

Annotations:
Amendments (Textual)
F212	Sch.6 para. 69 repealed (E.W.S.) by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

M76 Courts-Martial (Appeals) Act 1968

Annotations:
Marginal Citations
M76	1968 c. 20.

70. In section 7(2) of the Courts-Martial (Appeals) Act 1968 for the words from “ the Superannuation ” to the end substitute " the principal civil service scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to officers and servants of the Court as it applies to other persons employed in the civil service of the State " .

Annotations:
Modifications etc. (not altering text)
C110	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

Rent Act 1968

71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

Annotations:
Amendments (Textual)
F213	Sch. 6 para. 71 repealed by Rent Act 1977 (c. 42), s. 155(5), Sch. 25

M77 Vehicle and Driving Licences Act 1969

Annotations:
Marginal Citations
M77	1969 c. 27.

F214 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F214	S. 72 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group1

Post Office Act 1969

F215 73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F215	Sch. 6 para. 73 repealed (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2

F216 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F216	Sch. 6 para. 74 repealed (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2

Trustee Savings Banks Act 1969

75. — 76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F217

Annotations:
Amendments (Textual)
F217	Sch. 6 paras. 75, 76 repealed by Trustee Savings Bank Act 1976 (c. 4), Sch. 6

M78 Taxes Management Act 1970

Annotations:
Marginal Citations
M78	1970 c. 9.

77. In section 3(3) of the Taxes Management Act 1970 after “ pension ” , in both places where it occurs, insert " allowance "

Annotations:
Modifications etc. (not altering text)
C111	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M79 Income and Corporation Taxes Act 1970

Annotations:
Marginal Citations
M79	1970 c. 10.

78. In section 210 of the Income and Corporation Taxes Act 1970 for paragraphs (a) and (b) substitute —

" ( a )

any contributions made by him in accordance with a scheme under section 1 of the Superannuation Act 1972, being contributions towards defraying the cost of pension payable under the scheme to that person ’ s widow ( or, as the case may be, widower ) children or dependants, or

( b )

any contributions made by him under Part II or III of the Superannuation Act ( Northern Ireland ) 1967 or by virtue of any enactment by the Parliament of Northern Ireland corresponding to section 1 of the said Act of 1972, or "

Annotations:
Modifications etc. (not altering text)
C112	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

Annotations:
Amendments (Textual)
F218	Sch.6 para. 79 repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. I

M80 Courts Act 1971

Annotations:
Marginal Citations
M80	1971 c. 23.

80. At the end of section 27 of the Courts Act 1971 insert —

" ( 2 ) The principal civil service scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to such officers and staff as it applies to other persons employed in the civil service of the State. "

Annotations:
Modifications etc. (not altering text)
C113	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

81. In Schedule 10 to the said Act for 1971, in paragraph 16 —

(a) in sub-paragraph (1) omit the words from “ and, if ” to the end ; and

(b) in sub-paragraph (2) for “ issue of the certificate ” substitute " giving of the direction under sub-paragraph ( 1 ) above " .

Annotations:
Modifications etc. (not altering text)
C114	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M81 Rent (Scotland) Act 1971

Annotations:
Marginal Citations
M81	1971 c. 28.

82. In section 37(4) of the Rent (Scotland) Act 1971 for “ the Local Government Superannuation (Scotland) Act 1937 ” substitute " regulations under section 7 of the Superannuation Act 1972 " and for “ that Act ” substitute " section 8 of that Act. "

Annotations:
Modifications etc. (not altering text)
C115	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, ;67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M82 National Savings Bank Act 1971

Annotations:
Marginal Citations
M82	1971 c. 29.

83. In section 24(1)(a) of the National Savings Bank Act 1971 for “ Superannuation Acts ” substitute " principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force " .

Annotations:
Modifications etc. (not altering text)
C116	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M83 Pensions (Increase) Act 1971

Annotations:
Marginal Citations
M83	1971 c. 56.

84. In section 4(4) of the Pensions (Increase) Act 1971 for “ 21 ” substitute " 20A " and for “ and 23 ” substitute " to 23A " .

Annotations:
Modifications etc. (not altering text)
C117	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

85. In section 5(1) of the said Act of 1971 after “ 9(7) ” insert " or 7 ( A ) " .

Annotations:
Modifications etc. (not altering text)
C118	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

86. In section 8(1) of the said Act of 1971 at the end insert

" and

( c )

without prejudice to the generality of paragraph ( b ) above, any compensation payable in pursuance of the provisions of a scheme under section 1 of the Superannuation Act 1972 made by virtue of section 2 ( 2 ) of that Act or of regulations made under section 24 thereof. "

Annotations:
Modifications etc. (not altering text)
C119	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

87. In section 9 of the said Act of 1971 after subsection (7) insert —

" ( 7A ) Section 5 ( 1 ) above shall not require a local authority to increase any gratuity by way of periodical payments or by way of an annuity in accordance with regulations made under section 7 of the Superannuation Act 1972 ; and the provisions of this section relating to lump sums shall not apply to any such gratuity. "

Annotations:
Modifications etc. (not altering text)
C120	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

88. In section 13 of the said Act of 1971 for the words “ the Superannuation Act 1965 ” , in both places where they occur, substitute " the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 " .

Annotations:
Modifications etc. (not altering text)
C121	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

89. In Schedule 2 to the said Act of 1971 —

(a) in paragraph 4, at the end insert " or under a scheme made under section 1 of the Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act " ;

(b) after paragraph 15 insert —

" 15A. A pension payable by a Secretary of State under regulations made under section 24 of the Superannuation Act 1972 ( compensation for loss of employment, etc. ) to or inrespect of such a person as is referred to in paragraph 15 above " ;

" 16A. A pension payable by a Secretary of State to or in respect of a person in relation to whom a scheme may be made under the said section 26, being a pension payable under regulations made under section 24 of the Superannuation Act 1972 " ;

(d) in paragraph 20, for “ section 1 or section 7 of the Teachers Superannuation Act 1967 ” substitute " section 9 of the Superannuation Act 1972 " ;

(e) after paragraph 20 insert —

" 20A. A pension payable to or in respect o fa teacher under regulations made under section 24 of the Superannuation Act 1972 ( compensation for loss of employment, etc. ) "

(f) omit paragraph 21 ;

(g) in paragraph 22(b) omit “ 67 or ” and “ 66 or ” ;

(h) after sub-paragraph (b) of paragraph 22 insert —

" ( c ) regulations made under section 10 of the Superannuation Act 1972 " ;

(i) after paragraph 23 insert —

" 23A. A pension payable to or in respect of a person in relation to whom regulations may be made under the said section 10, being a pension payable under regulations made under section 24 of the said Act of 1972 ( compensation for loss of employment, etc. ) " ;

(j) in paragraph 25 for “ Superannuation Acts 1965 and 1967 ” substitute " principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 "

(k) in paragraph 52, at the end insert —

" or under the regulations made under section 24 of the Superannuation Act 1972 ( further provisions requiring payment of compensation for loss of employment, etc. ) .

This paragraph does not apply to a pension payable as mentioned in paragraph 15A above "

(l) in paragraph 53 after “ Act 1953 ” insert " or section 7 of the Superannuation Act 1972 " ;

(m) in paragraph 55, at the end insert — " or under regulations made under section 24 of the Superannuation Act 1972 ( further provisions requiring payment of compensation for loss of employment, etc. ) " ;

(n) in pargraph 60, for the words from “ section 40 ” to the end substitute " regulations made under section 7 of the Superannuation Act 1972. "

(o) in paragraph 64 after “ 8(1)(b) ” insert " or ( c ) " .

Annotations:
Modifications etc. (not altering text)
C122	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

90. In Schedule 3 to the said Act of 1971 —

(a) in paragraph 3 for “ Superannuation Acts 1965 and 1967 ” substitute " principal civil service pension scheme wihtin the meaning of section 2 of the Superannuation Act 1972 " ;

(b) in paragraph 6(2)(b) after “ (Scotland) Act 1937 ” insert " or in accordance with regulations made under section 7 of the Superannuation Act 1972 " and

(c) in paragraph 6(2)(c) after “ (Scotland) Act 1937 ” insert " or for the purposes of regulations made under section 7 of the Superannuation Act 1972 " .

Annotations:
Modifications etc. (not altering text)
C123	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

M84 Tribunals and Inquiries Act 1971

Annotations:
Marginal Citations
M84	1971 c. 62>

F219 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F219	Sch. 6 para. 91 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I.

M85 Industrial Relations Act 1971

Annotations:
Marginal Citations
M85	1971 c. 72.

92. In section 150(4) of the Industrial Relations Act 1971 for “ the Superannuation Act 1965 ” substitute " a scheme made under section 1 of the Superannuation Act 1972 " .

Annotations:
Modifications etc. (not altering text)
C124	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

93. In Schedule 3 of the said Act of 1971, at the end of paragraph 30 insert — " The principal civil service pension within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with necessary adaptations, apply to such officers and servants as it applies to other persons employed by the civil service of the State. "

Annotations:
Modifications etc. (not altering text)
C125	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

94, 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F220

Annotations:
Amendments (Textual)
F220	Sch.6 paras. 94, 95 repealed by Civil Aviation Act 1982 (c. 16, SIF 9),s. 109, Sch. 16

96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221

Annotations:
Amendments (Textual)
F221	Ss. 21, 30(3), Sch. 6 paras. 68, 96 repealed by British Airways Board Act 1977 (c. 13, SIF 9), s. 24(1), Sch. 2

SCHEDULE 7

Section 29.

Savings and Transitional Provisions

Provisions relating to civil servants, etc.

1. — (1) The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted before the commencement of this Act under the M86 Superannuation Acts 1965 and 1967 or any pension, allowance or gratuity deemed by paragraph 1 of Schedule 10 to the Superannuation Act 1965 to have been granted under that Act, and subject to sub-paragraph (2) below, the pension, allowance or gratuity shall be deemed to have been granted under the principal civil service pension scheme within the meaning of section 2 of this Act.

(2) Without prejudice to section 23 of this Act, sub-paragraph (1) above shall not apply in relation to a pension, allowance or gratuity granted under the said Acts of 1965 and 1967 —

(a)

to a person who, immediately before the pension, allowance or gratuity was granted to him, was a person listed in Schedule 5 to this Act; or

(b)

by virtue of any provision of the M87 Governors ’ Pensions Act 1957, to a Governor within the meaning of that Act.

(3) Any person who before the commencement of this Act duly elected under section 4(6) of the M88 Superannuation (Miscellaneous Provisions) Act 1967 that the said Act of 1965 should apply to him as if his service as a Governor had been passed in the home civil service shall be deemed to have elected that the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force should so apply to him.

Annotations:
Marginal Citations
M86	1965 c. 74.
M87	1957 c. 62.
M88	1967 c. 28.

2. — (1) Any determination, decision, surrender, election or nomination made, certificate, direction, notice or approval given, contribution paid or other thing done under any provision of the Superannuation Acts 1965 and 1967 which is repealed by this Act shall not be affected by the repeal but shall have effect as if made, given or done under the corresponding provision of the principal civil service pension scheme within the meaning of section 2 of this Act.

(2) Section 3 of this Act shall apply in relation to payments made before the commencement of this Act in accordance with a warrant under section 18 of the M89 Superannuation Act 1965 or a warrant issued by virtue of section 6 of the Ministerial Salaries Consolidation Act 1965 as it applies in relation to payments made in accordance with a scheme made under the said section 1.

(3) Section 4(1) of this Act shall apply in relation to any person to whom a payment was made under section 93 of the M90 Superannuation Act 1965 as it applies in relation to any person to whom a payment is made under the said section 4(1).

Annotations:
Marginal Citations
M89	1965 c. 58.
M90	1965 c. 74.

3. Any reference in any Act or document to the Superannuation Act 1965, to the Superannuation Acts 1965 and 1967 or to any provision of the said Act of 1965, shall, except in so far as the context otherwise requires, be construed as, or as including, a reference to the principal civil service pension scheme within the meaning of section 2 of this Act or to the corresponding provision of that scheme, as the case may be.

Provisions relating to persons employed in local government service, etc.

4. The repeal of any enactment by this Act shall not affect any superannuation benefit —

(a)

granted under or by virtue of the Local Government Superannuation Acts 1937 to 1953 before the coming into operation of section 7 of this Act in England and Wales; or

(b)

granted under or by virtue of the Local Government Superannuation (Scotland) Acts 1937 to 1953 before the coming into operation of the said section 7 in Scotland; or

(c)

granted under any provision of the M91 Local Government Superannuation Act 1937, or of the M92 Local Government Superannuation (Scotland) Act 1937, which was repealed by the M93 Local Government Superannuation Act 1953.

Annotations:
Marginal Citations
M91	1937 c. 68.
M92	1937 c. 69.
M93	1953 c. 25.

5. — (1) Notwithstanding any repeal made by this Act —

(a)

the provisions of the enactments listed in the Table below, as amended, extended or applied by or under any other enactment, and

(b)

the provisions of any instrument (including a scheme) made under an enactment so listed, being provisions in force immediately before the commencement of this Act,

shall, as from the said commencement, have effect, with the necessary adaptations and modifications, as provisions of regulations under section 7 or, in so far as they apply in relation to local Act schemes, section 8(2) of this Act, and may be revoked or amended accordingly.

(2) Any reference in any enactment or document to any such enactment or instrument as is referred to in sub-paragraph (1) above or any provision thereof (including such a reference in any such enactment or instrument) shall, except in so far as the context otherwise requires, be construed as a reference to so much of regulations made under the said section 7 or, as the case may be, section 8(2) as by virtue of sub-paragraph (1) above consists of that enactment, instrument or provision.

Table

EnactmentsapplyingtoEngland and Wales

1. The M94 Local Government Superannuation Act 1937, except section 17(2), 26(4), 32 and 34, the proviso to section 35, sections 37, 39 and 41 and Part II of Schedule 1.

Annotations:
Marginal Citations
M94	1937 c. 68.

2. Sections 3 to 9 of the M95 Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).

Annotations:
Marginal Citations
M95	1939 c. 94.

3. Sections 6 and 7 of the M96 Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of “ contributory employee ” , “ local Act scheme ” , “ local Act contributor ” and “ local authority ” .

Annotations:
Marginal Citations
M96	1948 c. 33.

4. Section 72 of the Representation of the M97 People Act 1948.

Annotations:
Marginal Citations
M97	1948 c. 65.

5. Paragraph 8(6) of Schedule 2 to the Justices of the M98 Peace Act 1949.

Annotations:
Marginal Citations
M98	1949 c. 101.

6. The M99 Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

Annotations:
Marginal Citations
M99	1953 c. 25.

7. Section 77(3) of the M100 London Government Act 1963.

Annotations:
Marginal Citations
M100	1963 c. 33.

8. Section 97(1) of the M101 Water Resources Act 1963.

Annotations:
Marginal Citations
M101	1963 c. 38.

9. Paragraph 5(5) of Schedule 4 to the M102 Police Act 1964.

Annotations:
Marginal Citations
M102	1964 c. 48.

10. Paragraph 2 of Schedule 1 to the M103 Public Libraries and Museums Act 1964.

Annotations:
Marginal Citations
M103	1964 c. 75.

11. Paragraphs 13 and 14 of Schedule 10 to the M104 Courts Act 1971.

Annotations:
Marginal Citations
M104	1971 c. 23.

Enactmentsapplyingto Scotland

1. The M105 Local Government Superannuation (Scotland) Act 1937, except sections 22(3), 28, 29, the proviso to section 30, sections 32 and 33, and Part II of Schedule 1.

Annotations:
Marginal Citations
M105	1937 c. 69.

2. Sections 3 to 9 of the M106 Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).

Annotations:
Marginal Citations
M106	1939 c. 94.

3. Section 3 of the M107 Association of County Councils (Scotland) Act 1946.

Annotations:
Marginal Citations
M107	1946 c. 77.

4. Sections 6 and 7 of the M108 Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of “ contributory employee ” , “ local Act scheme ” , “ local Act contributor ” and “ local authority ” .

Annotations:
Marginal Citations
M108	1948 c. 33.

5. Section 14(2) and (3) of the M109 Rivers (Prevention of Pollution)(Scotland) Act 1951.

Annotations:
Marginal Citations
M109	1951 c. 66

6. The M110 Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

Annotations:
Marginal Citations
M110	1953 c. 25.

Provisions relating to teachers

6. — (1) Regulations made under any provision of the M111 Teachers Superannuation Act 1967 and in force immediately before the coming into operation of section 9 of this Act in England and Wales shall be deemed to be regulations made under the said section 9 in its application to England and Wales.

(2) Any contribution paid, direction given, or other thing done, under section 3, 4 or 5 of the said Act of 1967 or Schedule 1 thereto shall not be affected by the repeal of those enactments but shall have effect as if paid, given or done under the corresponding provision of regulations made under the said section 9 in its application to England and Wales.

(3) Nothing in any regulations made under the said section 9 in its application to England and Wales shall affect the operation of any enactment repealed by the said Act of 1967 in relation to —

(a)

any annual allowance which began to accrue before 1st April 1967 under the Teachers (Superannuation) Acts 1918 to 1956;

(b)

any additional allowance or gratuity which became payable under those Acts before that date; or

(c)

any liability to pay contributions in respect of the person to or in respect of whom any such allowance or gratuity was granted;

and nothing in any such regulations shall affect the operation of section 2(2) of the M112 Teachers Superannuation Act 1965 (which, in relation to certain allowances, etc. preserved the effect of certain enactments and other provisions amended, repealed or revoked by that Act).

Annotations:
Marginal Citations
M111	1967 c. 12.
M112	1965 c. 83.

7. — (1) Regulations made under any provision of the M113 Teachers Superannuation (Scotland) Act 1968 and in force immediately before the coming into operation of section 9 of this Act in Scotland shall be deemed to be regulations made under the said section 9 in its application to Scotland.

(2) Any pension, allowance, gratuity or contribution payable, direction given or other thing done in respect of employment as a teacher in Scotland before the coming into operation of the said section 9 in Scotland shall thereafter be deemed to be payable or to be given or done under regulations made under that section in its application to Scotland.

Annotations:
Marginal Citations
M113	1968 c. 12.

Provisions relating to persons engaged in health services, etc.

8. — (1) Regulations made under section 67 of the M114 National Health Service Act 1946 and in force immediately before the coming into operation of section 10 of this Act in England and Wales shall be deemed to be regulations made under the said section 10 in its application to England and Wales; and any direction given under section 9(1) of the M115 National Health Service Act 1966 shall continue to have effect in relation to those regulations, notwithstanding the repeal by this Act of the said section 9(1).

(2) Sub-paragraph (1) above shall have effect in Scotland with the substitution for the reference to section 67 of the National Health Service Act 1946 of a reference to section 66 of the M116 National Health Service (Scotland) Act 1947 and for the reference to England and Wales of a reference to Scotland.

Annotations:
Marginal Citations
M114	1946 c. 81.
M115	1966 c. 8.
M116	1947 c. 27.

9. Regulations made under section 35 of the M117 Health Services and Public Health Act 1968 and in force immediately before the commencement of this Act shall be deemed to be regulations made under section 24 of this Act.

Annotations:
Marginal Citations
M117	1968 c. 46.

Provisions relating to other persons

10. — (1) The repeal of sections 2 and 3 of the M118 Exchequer and Audit Departments Act 1950 by this Act shall not affect any pension granted under the said section 2, or any pension, allowance or gratuity granted by virtue of the said section 3, before the commencement of this Act, and accordingly any such pension, allowance or gratuity shall continue to be charged on and issued out of the Consolidated Fund.

(2) Any election duly made under the said section 2 shall be deemed to have been so made under section 13 of this Act.

Annotations:
Marginal Citations
M118	1950 c. 3 (14 & 15 Geo. 6).

11. The repeal by this Act of section 665 of the M119 Merchant Shipping Act 1894 shall not affect any allowance or compensation granted under that section before the commencement of this Act, and any allowance or compensation so granted shall be deemed to have been granted in accordance with arrangements made under section 1A of the M120 Merchant Shipping (Mercantile Marine Fund) Act 1898, as inserted by section 17 of this Act.

Annotations:
Marginal Citations
M119	1894 c. 60.
M120	1898 c. 44.

12. The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted under section 79(8) of the M121 Land Drainage Act 1930, section 80(7) thereof or section 53 of the M122 Thames Conservancy Act 1950 before the commencement of this Act, and any such pension, allowance or gratuity shall continue to be paid as if this Act had not been passed.

Annotations:
Marginal Citations
M121	1930 c. 44.
M122	1950 c. 1.

13. Notwithstanding the repeal by this Act of sub-paragraphs (i), (ii) and (iii) of section 6(2)(d) of the M123 Commonwealth Telegraphs Act 1949, regulations made by virtue of those sub-paragraphs shall continue to have effect in so far as immediately before the commencement of this Act they apply to any persons, other than persons employed in the civil service of the State, and may be varied or revoked as if the said sub-paragraphs had not been repealed.

Annotations:
Marginal Citations
M123	1949 c. 39.

Provisions relating to certain rules

14. Nothing in this Act shall affect the operation of any rules made under any of the following enactments, namely, section 2 of the M124 Superannuation (Miscellaneous Provisions) Act 1948 and sections 38, 39A and 42(1) of the M125 Superannuation Act 1965, and any such rules in force at the commencement of this Act, shall, unless and until revoked, but subject to any amendments made therein in exercise of the power to vary them, continue to have effect as if this Act had not been passed.

Annotations:
Marginal Citations
M124	1948 c. 33.
M125	1965 c. 74.

15. Notwithstanding the repeal by this Act of section 1 of the Superannuation (Miscellaneous Provisions) Act 1948, rules made under that section in relation to such a person as is referred to in subsection (1)(b) of that section and in force immediately before the commencement of this Act shall continue in force subject to the like power of variation or revocation as if the said section 1 had not been repealed.

SCHEDULE 8

Section 29.

Repeals

Annotations:
Modifications etc. (not altering text)
C126	The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1, 3, 5, 9, 10, 12, 16, 21, 24, 27, 29, 33, 39, 41, 43, 46, 48, 51, 56, 58, 60, 67, 70, 72, 74, 77, 78, 80, 93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

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United Kingdom Legislation