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Regulation H7(1) to (4)

SCHEDULE 13Revocations, savings and transitional provisions

Part IRevocations

Regulations revokedReferences
The Teachers' Superannuation Regulations (Northern Ireland) 1977S.R. 1977 No. 260
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1978S.R. 1978 No. 147
The Teachers' Superannuation (Amendments) (No. 2) Regulations (Northern Ireland) 1978S.R. 1978 No. 351
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1979S.R. 1979 No. 380
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1980S.R. 1980 No. 305
The Teachers' Superannuation (Amendment No 2) Regulations (Northern Ireland) 1980S.R. 1980 No. 435
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1981S.R. 1981 No. 151
The Teachers' Superannuation (War Service) Regulations (Northern Ireland) 1982S.R. 1982 No. 162
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1982S.R. 1982 No. 346
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1987S.R. 1987 No. 76
The Teachers' Superannuation (Amendment No. 2) Regulations (Northern Ireland) 1987S.R. 1987 No. 86
The Teachers' Superannuation (Amendment No. 3) Regulations (Northern Ireland) 1987S.R. 1987 No. 315
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1988S.R. 1988 No. 64
The Teachers' Superannuation (Miscellaneous Provisions) Regulations (Northern Ireland) 1988S.I. 1988 No. 167
The Teachers' Superannuation (Miscellaneous Provisions No. 2) Regulations (Northern Ireland) 1988S.R. 1988 No. 363
The Teachers' Superannuation (Amendment) Regulations (Northern Ireland) 1989S.R. 1989 No. 25
The Teachers' Superannuation (Amendment No. 2) Regulations (Northern Ireland) 1989S.R. 1989 No. 181

Part IISavings

1.  The revocation by these Regulations of a transitional provision relating to the coming into operation of a provision re-enacted in these Regulations does not affect the operation of that transitional provision, so far as it remains capable of having effect, in relation to the provision as re-enacted.

2.—(1) The revocation by these Regulations of a provision previously revoked subject to savings does not affect the previous operation of those savings.

(2) The revocation by these Regulations of a saving made on the previous revocation of a provision does not affect the operation of the saving in so far as it remains capable of having effect.

3.  Any document made, served or issued after 1st November 1998 which includes a reference to a provision revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these Regulations.

Part IIITransitional Provisions

1.—(1) The re-enactment of provisions in these Regulations, and the consequent revocation of those provisions by these Regulations, does not affect the continuity of the law.

(2) The general rule is that the provisions of these Regulations apply, in accordance with sub-paragraph (1), to matters arising before the commencement of these Regulations as to matters arising after that commencement.

(3) The general rule has effect subject to any express provision to the contrary, and to paragraph 2 (protected benefits).

(4) The general rule does not mean that the provisions of these Regulations apply to cases to which the corresponding revoked provisions did not apply by virtue of transitional provision made in connection with the commencement of the revoked provisions (such transitional provisions are saved by paragraph 1 of Part II).

2.—(1) Where—

(a)a provision of these Regulations (“the new provision”) re-enacts with any modification a provision revoked by these Regulations (“the former provision”); and

(b)the effect of the general rule is that a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the former provision had continued to have effect,

he may by giving written notice to the Department within 3 months after 2nd November 1998 elect that the new provision is to apply in relation to the benefit as if it had re-enacted the former provision without modification.

(2) A protected benefit is one paid, or capable of becoming payable, to or in respect of a person who before 2nd November 1998 ceased to be in pensionable employment or died.

3.  Where a period of time specified in a provision of any Regulations revoked by these Regulations is current at the commencement of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in operation when that period began to run.