SCHEDULES

SCHEDULE 2 Official Pensions

Sections 4, 5, 7 and 15.

C1Part I State Pensions

Annotations:
Modifications etc. (not altering text)
C1

Sch. 2 Pt. I extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 3 para. 7(1)–(4)

Sch. 2 Pt. I extended by the Pensions Increase (Civil Service Early Retirement Pension Scheme 1992) Regulations 1993, 1993/806, regs. 3,4 (which Regulations come into force 12.4.1993 but by reg. 4 it is provided that any increase of pensions payable by virtue of those Regulations shall have effect in respect of any pension beginning on or after 1.4.1992).

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1680, reg. 3

SCh. 2 Pt. I modified (25.7.1995) by S.I. 1995/1681, reg. 3

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1682, reg. 3

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1683, reg. 3

Ministerial and parliamentary

F861

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

F862

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

F863

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

F703A

A pension which, under a scheme under paragraph 12 or 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010, is payable out of the Parliamentary Contributory Pension Fund.

F1 European Assembly

Annotations:
Amendments (Textual)

3B

A pension payable under F88 a scheme made under section 4 of the M1 European Assembly (Pay and Pensions) Act 1979.

Civil Service

4

A pension payable under the M2Superannuation Acts 1965 M3 and 1967 F2or under a scheme made under section 1 of the M4Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act.

F894ZA

A pension payable under a scheme made by the Minister for the Civil Service under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(a) of that Act (civil servants).

F34A

A pension payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of section 10 of that Act.

F994AA

A pension payable under a scheme made under section 18A of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of provision that is corresponding or similar to the provision that may be made by regulations under section 10 of that Act.

F904B

A pension payable under a scheme made by the Lord Chancellor under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(b) of that Act (judiciary).

Administration of justice

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

7

A pension payable under section 9 of the M5County Courts Act 1934 (county court judges).

8

A pension payable under section 20 of the M6Sheriff Courts (Scotland) Act 1907 or section 1 of the M7Sheriffs’ Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

10

A pension payable under section 4(5) of the M8Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

11

A pension payable under the Superannuation (President of the M9Industrial Court) Act 1954.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

13

A pension payable under the M10Police Magistrates (Superannuation) Acts 1915 M11 and 1929 F7or under Part I of Schedule 1 to the M12Administration of Justice Act 1973.

Police and firemen

14

A pension payable by a Secretary of State under the M13Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

15

A pension payable by a Secretary of State under the M14F8Police Pensions Act 1976 to a person who at the time of his retirement—

a

was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945; or

F9b

was engaged on service pursuant to an appointment under section 10 of the M15Overseas Development and Co-operation Act 1980, F10or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 being service in respect of which F11section 97 of the Police Act 1996F78had effect or, as the case may be, F79being temporary service outwith the Police Service of Scotland pursuant to section 15 of the Police and Fire Reform (Scotland) Act 2012; or

ba

was engaged on temporary service in accordance with F12section 26(2) of the Police Act 1996 or F80was engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom; or

c

was serving as an inspector or assistant inspector of constabulary under F13the Police Act 1996 or F81Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012; or

F14d

was engaged—

i

on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or

F82 ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F77; or

e

was a constable of the Police Service of Scotland—

i

serving as a staff officer of the inspectors of constabulary in accordance with arrangements made under section 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012; or

ii

engaged on service under the Crown, with the consent of the chief constable of the Police Service of Scotland, in connection with research or other services connected with the police provided by the Scottish Ministers.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

F1515A

A pension payable by a Secretary of State under regulations made under section 24 of the M16 Superannuation Act 1972 (compensation for loss of employment, etc. ) to or in respect of such a person as is referred to in paragraph 15 above.

F9115B

A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(g) of that Act (members of police forces) to or in respect of such a person as is referred to in paragraph 15 above.

F64 16

A pension payable by a Secretary of State in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.

F63 16A

A pension which is payable—

a

by a Secretary of State under regulations made under section 24 of the Superannuation Act 1972; and

b

to or in respect of a person in respect of whose service a payment may be made under a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.

F9216B

A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(f) of that Act (fire and rescue workers).

Teachers

17

A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18

A pension payable under the Teachers (Superannuation) Acts 1918 to 1956.

This paragraph does not include—

  1. a

    a pension specified in paragraph 56 of this Schedule; or

  2. b

    so much of any pension payable under the M17said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the Teachers (Superannuation) Act 1956.

19

A pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the M18Teachers (Superannuation) (Scotland) Regulations 1957.

20

A pension payable under regulations made under F16section 9 of the M19Superannuation Act 1972

F1720A

A pension payable to or in respect of a teacher under regulations made under section 24 of the M20 Superannuation Act 1972 (compensation for loss of employment, etc. ).

F9320B

A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).

20C

A pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

National health service

22

A pension payable by a Secretary of State under or by virtue of any of the following:—

a

section 6 of the M21National Health Service Act 1946 or of the M22National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

b

section . . . F19 68 of the National Health Service Act 1946 or section . . . F19 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

F20c

regulations made under section 10 of the M23 Superannuation Act 1972;

F21d

section 44 of the M24 National Health Service Reorganisation Act 1973 or section 34A of the M25 National Health Service (Scotland) Act 1972.

F9422A

A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).

22B

A pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).

23

A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable—

a

in pursuance of an order under section 11(9) of the National Health Service Act 1946; or

b

under regulations made under section 60(2) of the M26Local Government Act 1958, section 85(4) of the M27London Government Act 1963 . . . F22

F2323A

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. ).

National insurance

24

A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the M28National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.).

25

A pension payable in pursuance of rules made under section 3 of the M29Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the F24principal civil service pension scheme within the meaning of section 2 of the M30Superannuation Act 1972.

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Diplomatic, colonial and overseas service

27

A pension payable under the M31Governors Pensions Acts 1957 and 1967.

F2627A

A pension payable under any scheme or part of a scheme made under section 2 of the Overseas Pensions Act 1973 which incorporates, replaces or amends the provisions of the M32 Governors’ Pensions Acts 1957 and 1967 or of the M33 Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M34 Superannuation Act 1972.

F6228

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

29

A pension payable under the M35Diplomatic Salaries &c. Act 1869.

F95Armed forces

Annotations:
Amendments (Textual)
F95

Sch. 2 para. 29A and cross-heading inserted (28.2.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 5(8) (with Sch. 11 para. 8); S.I. 2014/433, art. 5(b)

29A

A pension payable under a scheme made under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(h) of that Act (armed forces).

Service in Ireland

30

A pension payable under Schedule 8 to the M36Government of Ireland Act 1920 (former Irish civil servants).

31

A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965.

32

A pension payable under the enactments relating to pensions of the Royal Irish Constabulary.

This paragraph does not include a pension payable under regulations made under section 1 of the M37Royal Irish Constabulary (Widows’ Pensions) Act 1954.

Miscellaneous

33

A pension payable by a Secretary of State in respect of service as officer of a local valuation panel, under regulations made under section 85(4) of the M38London Government Act 1963.

F8534

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

35

A pension payable by way of residual compensation under Part IV of the M39Gas (Staff Compensation) Regulations 1949 as amended by the M40Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

F6936

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

37

A pension payable by a Secretary of State under regulations made under F27section 129 of the M41Reserve Forces Act 1980 (civilian employees of Territorial and Auxiliary Forces Associations).

38

A pension payable by a Secretary of State in respect of service with the St. Andrew’s Ambulance Association, by reference to regulations made under section 4 of the M42Public Expenditure and Receipts Act 1968.

F2838A

A pension payable by virtue of paragraph F29 10 of Schedule 1 F29 15(2) of Schedule 1 to the Enterprise and New Towns (Scotland) Act 1990 (as read with paragraph 7 of Schedule 3 to that Act) or of regulations made under paragraph 3 of Schedule 3 to the M43 Scottish Development Agency Act 1975.

Part II Pensions out of Local Funds

F31 Scottish Parliament and Scottish Executive

Annotations:
Amendments (Textual)
F31

Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13; S.I. 1998/3178, art. 2(2), Sch. 3

F30 38AB

A pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998.

F33 National Assembly for Wales

Annotations:
Amendments (Textual)
F33

Sch. 2 Pt. II para. 38B and crossheading inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 10 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F3238B

A pension payable under a scheme established under F67section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006.

Annotations:
Amendments (Textual)
F32

Sch. 2 Pt. II para. 38B and crossheading inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 10 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F67

Words in Sch. 2 para. 38B substituted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 9 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

Local government service

39

A pension payable by a local authority in respect of service ending with local government service, other than a pension within paragraph 44, 45 or 52 of this Schedule or within the exception from paragraph 44.

F9639A

A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(c) of that Act (local government workers).

Administration of justice

40

A pension payable under section 33 of the Justices of the M44Peace Act 1949 (stipendiary magistrates).

41

A pension payable by a local authority under Part I of the M45Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

42

A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).

Police and firemen

43

A pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following;—

a

F34the M46Police Pensions Act 1976, or any enactment repealed by the M47Police Pensions Act 1948 or by the M48Police Pensions Act 1921;

F35b

section 51 or 52 of the Police Act 1996;

F83c

section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.

This paragraph does not include a derivative pension other than a substituted pension, nor a substituted pension if the original pension was a derivative pension.

F9743A

A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(g) of that Act (police).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 15B above.

F65 44

A pension payable by a fire and rescue authority or F84the Scottish Fire and Rescue Service in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.

F9844A

A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State, the Scottish Ministers or the Welsh Ministers under section 1 of that Act by virtue of section 1(2)(f) of that Act (fire and rescue workers).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 16B above.

F6645

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

46

A derivative pension payable under the M49Police Pensions Act 1921 in respect of a person to whom the M50National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Annotations:
Marginal Citations
M50

S.R. & O. 1941/1271.

Court and police staffs

47

A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M51Superannuation (Miscellaneous Provisions) Act 1967 in respect of—

a

service as a justices’ clerk or as the employee of a justices’ clerk; or

b

service as a person employed by a magistrates’ courts committee to assist a justices’ clerk F36or as staff of such a committee; or.

c

service as a justices’ chief executive.

48

A pension payable by F37the F38London Residuary BodyF38London Pensions Fund Authorityin respect of service ending with employment by the committee of magistrates for the inner London area.

49

A pension payable by F39theF40London Residuary BodyF40London Pensions Fund Authorityunder any enactment in respect of service in the employment of the standing joint committee for the county of London as clerk of the peace or deputy clerk of the peace or in any other capacity.

50

A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).

51

F41A pension payable by a local authority, or by a F71local policing body or a chief officer of police in England and Wales F100. . ., under any enactment other than section 15 of the Superannuation (Miscellaneous Provisions) Act 1967M52 in respect of service ending with—

a

service as a civilian employed under F42section 15 of the Police Act 1996 by F73 a police authority;

C3C4F74aa

service as a member of staff of a police and crime commissioner;

ab

service as a member of staff of the Mayor's Office for Policing and Crime;

ac

service as a member of the civilian staff of a police force; or

b

service as a traffic warden employed F75by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, by the Commissioner of Police of the Metropolis or by a police authority under section 2 of the M53Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M54Road Traffic Regulation Act 1967 F43section 95(1) of the Road Traffic Regulation Act 1984.

F72In this paragraph—

a

references to the staff of a police and crime commissioner, the staff of the Mayor's Office for Policing and Crime, and the civilian staff of a police force, have the same meanings as in Part 1 of the Police Reform and Social Responsibility Act 2011;

b

police force” includes the metropolitan police force.

52

A pension payable by F76a police and crime commissioner, the Mayor's Office for Policing and Crime, a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, the Commissioner of Police of the Metropolis or a police authority under regulations made under section 60(2) of the M55Local Government Act 1958, section 85(4) of the M56London Government Act 1963 or section 4 of the M57Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). F44or under regulations made under section 24 of the M58Superannuation 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.

Probation and after-care service

53

A pension payable in accordance with regulations under Schedule 4 to the M59Local Government Superannuation Act 1953 F45or section 7 of the M60Superannuation Act 1972 in respect of service as a probation officer or as a person appointed to assist a probation officer in the performance of his duties by a probation and after-care committee, by the Secretary of State or, before 1st July 1944, by a probation officer.

F4653A

A pension payable in accordance with regulations under section 7 of the M61 Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

F6853B

A pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as a member of staff of a probation trust established under section 5 of the Offender Management Act 2007.

54

A pension payable by a local authority in England and Wales in respect of service as a member of the staff of an approved probation home or an approved probation hostel.

55

A pension payable by a probation and after-care committee under regulations made under section 60(2) of the M62Local Government Act 1958 or section 85(4) of the M63London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) F47or under regulations made under section 24 of the M64Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).

Teachers and school staff

56

A pension payable by a local authority under section 14(3)(b) of the M65Teachers (Superannuation) Act 1925.

57

A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the managers of a non-provided school within the meaning of the M66Education Act 1921 or a voluntary school within the meaning of F48the Education Act 1996..

58

A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the governing body of any school or educational institution (other than a public elementary school or a county or voluntary school) if the whole cost of maintaining the school or educational institution after deducting such part of the cost (if any) as is met by the governing body fell or falls to be met by the local authority.

59

A pension payable by a local authority in respect of service as a member of the staff of an approved school.

Miscellaneous

60

A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in F49regulations made under section 7 of the M67Superannuation Act 1972.

61

A pension payable under F50section 6 of the M68Coroners (Amendment) Act 1926 (county and borough coroners)F50paragraph 2 of Schedule 1 to the Coroners Act 1988 F87or by virtue of paragraph 17 of Schedule 3 to the Coroners and Justice Act 2009 .

62

A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M69Local Government Act 1948 or section 92 of the M70General Rate Act 1967 by a local valuation panel.

63

A pension payable by a local authority in respect of service ending with service as a rent officer or deputy rent officer under section 22 or 24 of the M71Rent Act 1965 or section 40 of the M72Rent Act 1968 F51or section 63 of the M73Rent Act 1977.

64

A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) F52or (c) of this Act.

C2F53 64A

A pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.

F5464B

A pension payable by such a residuary body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the authorities abolished by the Act.

F5564C

A pension payable by the London Residuary Body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the Inner London Education Authority.

F57F56 64D

A pension payable by the London Pensions Fund Authority.

Annotations:
Amendments (Textual)
F57

Para. renumbered 64D by S.I. 1990/198, art.3

F56

Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)

Part III Other Pensions

F59F58 65

A pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks

Annotations:
Amendments (Textual)
F59

The text of Sch 2 Pt. III para. 65, Sch. 3 para. 4, 5, Sch. 7,Sch. 8 Pt.I, II 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.

F58

Sch. 2 Pt. III para. 65 repealed by Trustee Savings Banks Acts 1976 (c.4) Sch. 6 except in relation to any pension begining before 21.11.1976; the text is retained for this reason.

66

A pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission.

In relation to a pension within this paragraph the Minister for the Civil Service shall be taken to be the pension authority.

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

68

A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.

F6168A

A pension payable by virtue of regulations made under section 3(2) of the M74 New Towns (Scotland) Act 1977.