Pensions (Increase) Act 1971

Part IIE+W+S Pensions out of Local Funds

[F1 Scottish Parliament and Scottish ExecutiveE+W+S

Textual Amendments

F238ABE+W+SA 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.]

Textual Amendments

[F3 National Assembly for Wales]E+W+S

Textual Amendments

[F438BE+W+SA pension payable under a scheme established under section 18(2)(b) of the Government of Wales Act 1998.]

Textual Amendments

Local government serviceE+W+S

39E+W+SA 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.

Administration of justiceE+W+S

40E+W+SA pension payable under section 33 of the Justices of the M1Peace Act 1949 (stipendiary magistrates).

Marginal Citations

41E+W+SA pension payable by a local authority under Part I of the M2Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

Marginal Citations

42E+W+SA pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).

Police and firemenE+W+S

43E+W+SA pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following;—

(a)[F5the M3Police Pensions Act 1976, or any enactment repealed by the M4Police Pensions Act 1948] or by the M5Police Pensions Act 1921;

[F6(b)section 51 or 52 of the Police Act 1996;]

(c)section 26 or 27 of the M6Police (Scotland) Act 1967.

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.

[F7 44 E+W+SA pension payable by a fire and rescue authority or a [F8relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))] in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.]

Textual Amendments

F7Sch. 2 para. 44 substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 35(3) (with savings for E.S. in S.I. 2004/2306, art. 3, Sch. and for W. in S.I. 2004/2918, art. 3, Sch.); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F945E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Sch. 2 para. 45 repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 35(4), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

46E+W+SA derivative pension payable under the M7Police Pensions Act 1921 in respect of a person to whom the M8National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M8S.R. & O. 1941/1271.

Court and police staffsE+W+S

47E+W+SA pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M9Superannuation (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 [F10or as staff of such a committee; or.

(c)service as a justices’ chief executive.]

Textual Amendments

F10Sch. 2 para. 47(c), and preceding words in para. 47(b) added (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 26; S.I. 1995/685, arts. 4(l), 7(2)(b)

Marginal Citations

48E+W+SA pension payable by F11the [F12London Residuary Body][F12London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F12Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49E+W+SA pension payable by [F13the][F14London Residuary Body][F14London Pensions Fund Authority]under 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.

Textual Amendments

F14Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

50E+W+SA pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).

51E+W+SA pension payable by a local authority, or by a police authority in England and Wales F15. . ., under any enactment other than section 15 of the M10Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a)service as a civilian employed under [F16section 15 of the Police Act 1996] by such a police authority; or

(b)service as a traffic warden employed by such a police authority under section 2 of the M11Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M12Road Traffic Regulation Act 1967 [F17section 95(1) of the Road Traffic Regulation Act 1984.]

Textual Amendments

F15Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F16Words in Sch. 2 para. 51(a) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(4)

Marginal Citations

52E+W+SA pension payable by a police authority under regulations made under section 60(2) of the M13Local Government Act 1958, section 85(4) of the M14London Government Act 1963 or section 4 of the M15Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F18or under regulations made under section 24 of the M16Superannuation 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 serviceE+W+S

53E+W+SA pension payable in accordance with regulations under Schedule 4 to the M17Local Government Superannuation Act 1953 [F19or section 7 of the M18Superannuation 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.

Textual Amendments

Marginal Citations

[F2053AE+W+SA pension payable in accordance with regulations under section 7 of the M19Superannuation 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.]

Textual Amendments

Marginal Citations

54E+W+SA 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.

55E+W+SA pension payable by a probation and after-care committee under regulations made under section 60(2) of the M20Local Government Act 1958 or section 85(4) of the M21London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F21or under regulations made under section 24 of the M22Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

Marginal Citations

Teachers and school staffE+W+S

56E+W+SA pension payable by a local authority under section 14(3)(b) of the M23Teachers (Superannuation) Act 1925.

Marginal Citations

57E+W+SA 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 M24Education Act 1921 or a voluntary school within the meaning of [F22the Education Act 1996.].

Textual Amendments

F22Words in Sch. 2 Pt. II substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(3), Sch. 37 Pt. I, para. 20 (with ss. 1(4), 582(3), Sch. 39)

Marginal Citations

58E+W+SA 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.

59E+W+SA pension payable by a local authority in respect of service as a member of the staff of an approved school.

MiscellaneousE+W+S

60E+W+SA pension payable by a local authority under any enactment in respect of service as a registration officer as defined in [F23regulations made under section 7 of the M25Superannuation Act 1972.]

Textual Amendments

Marginal Citations

61E+W+SA pension payable under [F24section 6 of the M26Coroners (Amendment) Act 1926 (county and borough coroners)][F24paragraph 2 of Schedule 1 to the Coroners Act 1988.]

Textual Amendments

F24Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

Marginal Citations

62E+W+SA pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M27Local Government Act 1948 or section 92 of the M28General Rate Act 1967 by a local valuation panel.

Marginal Citations

63E+W+SA 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 M29Rent Act 1965 or section 40 of the M30Rent Act 1968 [F25or section 63 of the M31Rent Act 1977.]

Textual Amendments

Marginal Citations

64E+W+SA pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) [F26or (c)] of this Act.

Textual Amendments

[F2764AE+W+SA pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.]

Textual Amendments

Modifications etc. (not altering text)

[F2864BE+W+SA 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.]

[F2964CE+W+SA 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.]

[F30F3164DE+W+SA pension payable by the London Pensions Fund Authority.]

Textual Amendments

F30Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)

F31Para. renumbered 64D by S.I. 1990/198, art.3