Superannuation Act 1972

24 Compensation for loss of office, etc. E+W+S

(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 M1 [F1 Police Pensions Act 1976] or [F2 in respect of whose service payments may be made under a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004]; 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.

[F3 (1A) Subsection (1) is subject to section 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).]

(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.

Subordinate Legislation Made

P1 S. 24: for exercises of this power see Index to Government Orders.

P2 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.

Textual Amendments

F1 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 10

F2 Words in s. 24(1)(a) substituted (1.10.2004 for E. and S. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 37; S.I. 2004/2304, art. 2(2) (subject to art. 3 and with savings for E. and S. in S.I. 2004/2306, art. 3, Sch.); S.I. 2004/2917, art. 2 (with savings (11.11.2004) for W. in S.I. 2004/2918, art. 3, Sch.)

F3 S. 24(1A) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 11 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(d)

Modifications etc. (not altering text)

C1 S. 24 restricted (E.W.) by Local Government Act 1985 (c. 51, SIF 81:1), s. 53(4)

C2 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

C3 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

C4 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

Marginal Citations

M1 1976 c. 35.