Pensions (Increase) Act 1971

SCHEDULES

Section 1.

SCHEDULE 1 E+W+S Table for conversion of basic rate to 1969 standard

[Note:—The year to be taken is that in which the pension is, under section 8(2), to be treated as beginning.]

Year Multiplier	Year Multiplier	Year Multiplier
Any year	1951 . . . 1.886	1960 . . . 1.383
up to	1952 . . . 1.728	1961 . . . 1.338
1944 . . . 3.052	1953 . . . 1.675	1962 . . . 1.282
1945 . . . 2.583	1954 . . . 1.645	1963 . . . 1.258
1946 . . . 2.348	1955 . . . 1.574	1964 . . . 1.218
1947 . . . 2.327	1956 . . . 1.501	1965 . . . 1.162
1948 . . . 2.179	1957 . . . 1.448	1966 . . . 1.118
1949 . . . 2.119	1958 . . . 1.404	1967 . . . 1.091
1950 . . . 2.059	1959 . . . 1.397	1968 . . . 1.042

Sections 4, 5, 7 and 15.

SCHEDULE 2 U.K. Official Pensions

Part I U.K. State Pensions

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 E+W+S

1 E+W+S A pension payable under section 3 of the M1 Ministerial Salaries Consolidation Act 1965 (Prime Ministers) [F1 or under section 26 or section 27 of the M2 Parliamentary and other Pensions Act 1972 (Pensions of the Prime Minister and Speaker and their dependants).]

Textual Amendments

F1 Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(a)

Marginal Citations

M1 1965 c. 58.

M2 1972 c. 48.

2 E+W+S A pension payable under the M3 Lord Chancellor’s Pension Act 1832 [F2 as amended by section 28 of the M4 Parliamentary and other Pensions Act 1972.]

Textual Amendments

F2 Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(b)

Marginal Citations

M3 1832 c. 111.

M4 1972 c. 48.

3 E+W+S A pension payable under . . . F3 the M5 Hon. Lady Hylton-Foster’s Annuity Act 1965 [F4 M6 or (except in respect of any period ending before 1st April 1972) under Mr Speaker King’s Retirement Act 1971.]

Textual Amendments

F3 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

F4 Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(c)

Marginal Citations

M5 1965 c. 70.

M6 1971 c. 13.

[F5 3A E+W+S A pension which under the Parliamentary pension scheme (within the meaning of the Parliamentary and other Pensions Act 1987) is payable out of the Parliamentary Contributory Pension Fund.]

Textual Amendments

F5 Sch. 2 Pt. 1 para. 3A substituted by Parliamentary and other Pensions Act 1987 (c. 45, SIF 89), s. 6, Sch. 3 para. 3(3)

[F6 European Assembly E+W+S

Textual Amendments

F6 Para. 3B inserted by European Assemby (Pay and Pensions) Act 1979 (c. 50), s. 4(7)

3B E+W+S A pension payable under an order made under section 4 of the M7 European Assembly (Pay and Pensions) Act 1979.]

Marginal Citations

M7 1979 c. 50.

Civil Service E+W+S

4 E+W+S A pension payable under the M8 Superannuation Acts 1965 M9 and 1967 [F7 or under a scheme made under section 1 of the M10 Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act.]

Textual Amendments

F7 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(a)

Marginal Citations

M8 1965 c. 74.

M9 1967 c. 28.

M10 1972 c. 11.

Valid from 31/03/1995

[F8 4A E+W+S 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.]

Textual Amendments

F8 Sch. 2 para. 4A inserted (31.3.1995) by 1993 c. 8, ss. 22(1), 31(2); S. I. 1995/631, art. 2

Administration of justice E+W+S

5—6. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

7 E+W+S A pension payable under section 9 of the M11 County Courts Act 1934 (county court judges).

Marginal Citations

M11 1934 c. 53.

8 E+W+S A pension payable under section 20 of the M12 Sheriff Courts (Scotland) Act 1907 or section 1 of the M13 Sheriffs’ Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

Marginal Citations

M12 1907 c. 51.

M13 1961 c. 42.

9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

10 E+W+S A pension payable under section 4(5) of the M14 Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

Marginal Citations

M14 1956 c. 34.

11 E+W+S A pension payable under the Superannuation (President of the M15 Industrial Court) Act 1954.

Marginal Citations

M15 1954 c. 37.

12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

13 E+W+S A pension payable under the M16 Police Magistrates (Superannuation) Acts 1915 M17 and 1929 [F12 or under Part I of Schedule 1 to the M18 Administration of Justice Act 1973.]

Textual Amendments

F12 Words added by Administration of Justice Act 1973 (c. 15), Sch. 1 para. 11(2)

Marginal Citations

M16 1915 c. 74.

M17 1929 c. 37.

M18 1973 c. 15.

Police and firemen E+W+S

14 E+W+S A pension payable by a Secretary of State under the M19 Police (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.

Marginal Citations

M19 1945 c. 17 (9 & 10 Geo. 6).

15 A pension payable by a Secretary of State under the [F13 M20 Police 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

[F14 (b) was engaged on service pursuant to an appointment under section 10 of the M21 Overseas Development and Co-operation Act 1980, being service in respect of which section 53C of the Police Act 1964 or, as the case may be, section 38A of the M22 Police (Scotland) Act 1967 had effect; or

(ba) was engaged on temporary service in accordance with section 15A(2) of the M23 Police Act 1964 or section 12A(2) of the M24 Police (Scotland) Act 1967; or]

(c) was serving as an inspector or assistant inspector of constabulary under the M25 Police Act 1964 or the M26 Police (Scotland) Act 1967; or

(d) was engaged in central service pursuant to section 43 of the Police Act 1964 or section 38 of the Police (Scotland) Act 1967.

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

Textual Amendments

F13 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(a)

F14 Sch. 2 para. 15(b)(ba) substituted for para. 15(b) (21.7.1994 for purposes specified in s. 94(3)(c)(d) of the substituting Act and 1.4.1995 for all remaining purposes) by 1994 c. 29, ss. 44, 94(3)(c)(d), Sch. 5 Pt. II para. 17; S.I. 1994/3262, art. 4(1), Sch. (with transitional provision in art. 5)

Marginal Citations

M20 1976 c. 35.

M21 1980 c. 63

M22 1967 c. 77.

M23 1964 c. 48.

M24 1967 c. 77.

M25 1964 c. 48.

M26 1967 c. 77.

[F15 15A E+W+S A pension payable by a Secretary of State under regulations made under section 24 of the M27 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.]

Textual Amendments

F15 Sch. 2 para. 15A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(b)

Marginal Citations

M27 1972 c. 11.

16 E+W+S A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the M28 Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Marginal Citations

M28 1947 c. 41

[F16 16A E+W+S 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 M29 Superannuation Act 1972.]

Textual Amendments

F16 Para. 16A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(c)

Marginal Citations

M29 1972 c. 11.

Teachers E+W+S

17 E+W+S A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18 E+W+S A pension payable under the Teachers (Superannuation) Acts 1918 to 1956.

This paragraph does not include—

(a)

a pension specified in paragraph 56 of this Schedule; or

(b)

so much of any pension payable under the M30 said 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.

Marginal Citations

M30 1956 c. 53.

19 E+W+S A pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the M31 Teachers (Superannuation) (Scotland) Regulations 1957.

Marginal Citations

M31 S.I. 1957/356.

20 E+W+S A pension payable under regulations made under [F17 section 9 of the M32 Superannuation Act 1972]

Textual Amendments

F17 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(d)

Marginal Citations

M32 1972 c. 11

[F18 20A E+W+S A pension payable to or in respect of a teacher under regulations made under section 24 of the M33 Superannuation Act 1972 (compensation for loss of employment, etc.).]

Textual Amendments

F18 Para. 20A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(e)

Marginal Citations

M33 1972 c. 11.

21 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Sch. 2 Pt. I para. 21 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

National health service E+W+S

22 E+W+S A pension payable by a Secretary of State under or by virtue of any of the following:—

(a) section 6 of the M34 National Health Service Act 1946 or of the M35 National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

(b) section . . . F20 68 of the National Health Service Act 1946 or section . . . F20 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

[F21 (c) regulations made under section 10 of the M36 Superannuation Act 1972;]

[F22 (d) section 44 of the M37 National Health Service Reorganisation Act 1973 or section 34A of the M38 National Health Service (Scotland) Act 1972.]

Textual Amendments

F20 Words repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

F21 Para. 22(c) inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(h)

F22 Para. 22(d) inserted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 133

Marginal Citations

M34 1946 c. 81.

M35 1947 c. 27.

M36 1972 c. 11.

M37 1973 c. 32.

M38 1972 c. 58.

23 E+W+S 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 M39 Local Government Act 1958, section 85(4) of the M40 London Government Act 1963 . . . F23

Textual Amendments

F23 Words repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

Marginal Citations

M39 1958 c. 55.

M40 1963 c. 33.

[F24 23A E+W+S 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.).]

Textual Amendments

F24 Para. 23A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(i)

National insurance E+W+S

24 E+W+S A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the M41 National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.).

Marginal Citations

M41 1946 c. 67.

25 E+W+S A pension payable in pursuance of rules made under section 3 of the M42 Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the [F25 principal civil service pension scheme within the meaning of section 2 of the M43 Superannuation Act 1972.]

Textual Amendments

F25 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(j)

Marginal Citations

M42 1948 c. 33.

M43 1972 c. 11.

26 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Textual Amendments

F26 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

Diplomatic, colonial and overseas service E+W+S

27 E+W+S A pension payable under the M44 Governors Pensions Acts 1957 and 1967.

Marginal Citations

M44 1957 c. 62

[F27 27A E+W+S 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 M45 Governors’ Pensions Acts 1957 and 1967 or of the M46 Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M47 Superannuation Act 1972.]

Textual Amendments

F27 Para. 27A inserted by Overseas Pensions Act 1973 (c. 21), s. 4(3)

Marginal Citations

M45 1957 c. 62

M46 1965 c. 74.

M47 1972 c. 11.

28 E+W+S A pension payable under the M48 Judges Pensions (India and Burma) Act 1948.

Marginal Citations

M48 1948 c. 4 (12, 13 & 14 Geo. 6).

29 E+W+S A pension payable under the M49 Diplomatic Salaries &c. Act 1869.

Marginal Citations

M49 1869 c. 43.

Service in Ireland U.K.

30 U.K. A pension payable under Schedule 8 to the M50 Government of Ireland Act 1920 (former Irish civil servants).

Marginal Citations

M50 1920 c. 67.

31 U.K. 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 U.K. 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 M51 Royal Irish Constabulary (Widows’ Pensions) Act 1954.

Marginal Citations

M51 1954 c. 17.

Miscellaneous E+W+S

33 E+W+S 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 M52 London Government Act 1963.

Marginal Citations

M52 1963 c. 33.

34 E+W+S A pension payable under section 29 of the M53 Finance Act 1932, section 60 of the M54 Finance (No. 2) Act 1945 or section 62 of the M55 Finance Act 1946 (compensation to tax collectors and assessors for loss of employment).

Marginal Citations

M53 1932 c. 25.

M54 1945 c. 13 (9 & 10 Geo. 6).

M55 1946 c. 64.

35 E+W+S A pension payable by way of residual compensation under Part IV of the M56 Gas (Staff Compensation) Regulations 1949 as amended by the M57 Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

Marginal Citations

M56 S.I. 1949/2289.

M57 S.I. 1951/1327.

36 E+W+S A widow’s pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the M58 Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations.

Marginal Citations

M58 1914 c. 18 (5 & 6 Geo. 5).

37 E+W+S A pension payable by a Secretary of State under regulations made under [F28 section 129 of the M59 Reserve Forces Act 1980] (civilian employees of Territorial and Auxiliary Forces Associations).

Textual Amendments

F28 Words substituted by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 9 para. 11

Marginal Citations

M59 1980 c. 9

38 E+W+S 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 M60 Public Expenditure and Receipts Act 1968.

Marginal Citations

M60 1968 c. 14.

[F29 38A E+W+S A pension payable by virtue of paragraph [F30 10 of Schedule 1][F30 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 M61 Scottish Development Agency Act 1975.]

Textual Amendments

F29 Para. 38A inserted by Scottish Development Agency Act 1975 (c. 69), Sch. 4 para. 2

F30 Words substituted (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 4

Marginal Citations

M61 1975 c. 69.

Part II E+W+S Pensions out of Local Funds

Valid from 06/05/1999

[F31 Scottish Parliament and Scottish Executive E+W+S

Textual Amendments

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

F32 38AB E+W+S 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.]

Textual Amendments

F32 Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13 (with s. 126(3)-(11)); S. I. 1998/3178, art. 2(2), Sch. 3

Valid from 01/04/1999

[F33 National Assembly for Wales] E+W+S

Textual Amendments

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

[F34 38B E+W+S A pension payable under a scheme established under section 18(2)(b) of the Government of Wales Act 1998.]

Textual Amendments

F34 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

Local government service E+W+S

39 E+W+S 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.

Administration of justice E+W+S

40 E+W+S A pension payable under section 33 of the Justices of the M62 Peace Act 1949 (stipendiary magistrates).

Marginal Citations

M62 1949 c. 101.

41 E+W+S A pension payable by a local authority under Part I of the M63 Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

Marginal Citations

M63 1950 c. 11 (14 & 15 Geo. 6).

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

Police and firemen E+W+S

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

(a) [F35 the M64 Police Pensions Act 1976, or any enactment repealed by the M65 Police Pensions Act 1948] or by the M66 Police Pensions Act 1921;

(b) section 34 or 35 of the M67 Police Act 1964;

(c) section 26 or 27 of the M68 Police (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.

Textual Amendments

F35 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(b)

Marginal Citations

M64 1976 c. 35.

M65 1948 c. 24.

M66 1921 c. 31.

M67 1964 c. 48.

M68 1967 c. 77.

44 E+W+S A pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the M69 Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Marginal Citations

M69 1947 c. 41.

45 E+W+S A pension payable by a local authority, otherwise than as mentioned in paragraph 44 above, in respect of—

(a) service as a professional fireman (as defined by the M70 Fire Brigade Pensions Act 1925); or

(b) service which, by or under any enactment, is treated as approved service in a fire brigade.

Marginal Citations

M70 1925 c. 47.

46 E+W+S A derivative pension payable under the M71 Police Pensions Act 1921 in respect of a person to whom the M72 National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M71 1921 c. 31.

M72 S.R. & O. 1941/1271.

Court and police staffs E+W+S

47 A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M73 Superannuation (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.

Marginal Citations

M73 1967 c. 28.

48 E+W+S A pension payable by F36 the [F37 London Residuary Body][F37 London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F36 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F37 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49 E+W+S A pension payable by [F38 the][F39 London Residuary Body][F39 London 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

F38 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F39 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

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

51 A pension payable by a local authority, or by a police authority in England and Wales other than a local authority, under any enactment other than section 15 of the M74 Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a) service as a civilian employed under section 10 of the M75 Police Act 1964 by such a police authority; or

(b) service as a traffic warden employed by such a police authority under section 2 of the M76 Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M77 Road Traffic Regulation Act 1967 [F40 section 95(1) of the Road Traffic Regulation Act 1984.]

Textual Amendments

F40 Words inserted by Road Traffic Regulation Act 1984 (c. 27,SIF 107:1), s. 146, Sch. 13 para. 12

Marginal Citations

M74 1967 c. 28.

M75 1964 c. 48.

M76 1960 c. 63.

M77 1967 c. 76.

52 E+W+S A pension payable by a police authority under regulations made under section 60(2) of the M78 Local Government Act 1958, section 85(4) of the M79 London Government Act 1963 or section 4 of the M80 Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F41 or under regulations made under section 24 of the M81 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.]

Textual Amendments

F41 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(k)

Marginal Citations

M78 1958 c. 55.

M79 1963 c. 33.

M80 1968 c. 14.

M81 1972 c. 11.

Probation and after-care service E+W+S

53 E+W+S A pension payable in accordance with regulations under Schedule 4 to the M82 Local Government Superannuation Act 1953 [F42 or section 7 of the M83 Superannuation 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

F42 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(l)

Marginal Citations

M82 1953 c. 25.

M83 1972 c. 11.

Valid from 01/04/2001

[F43 53A E+W+S A pension payable in accordance with regulations under section 7 of the M84 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.]

Textual Amendments

F43 Sch. 2 para. 53A inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 45; S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M84 1972 c. 11.

54 E+W+S 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 E+W+S A pension payable by a probation and after-care committee under regulations made under section 60(2) of the M85 Local Government Act 1958 or section 85(4) of the M86 London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F44 or under regulations made under section 24 of the M87 Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

F44 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para 89(m)

Marginal Citations

M85 1958 c. 55

M86 1963 c. 33.

M87 1972 c. 11.

Teachers and school staff E+W+S

56 E+W+S A pension payable by a local authority under section 14(3)(b) of the M88 Teachers (Superannuation) Act 1925.

Marginal Citations

M88 1925 c. 59.

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 M89 Education Act 1921 or a voluntary school within the meaning of the M90 Education Act 1944.

Marginal Citations

M89 1921 c. 51.

M90 1944 c. 31.

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

Miscellaneous E+W+S

60 E+W+S A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in [F45 regulations made under section 7 of the M91 Superannuation Act 1972.]

Textual Amendments

F45 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(n)

Marginal Citations

M91 1972 c. 11.

61 E+W+S A pension payable under [F46 section 6 of the M92 Coroners (Amendment) Act 1926 (county and borough coroners)][F46 paragraph 2 of Schedule 1 to the Coroners Act 1988.]

Textual Amendments

F46 Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

Marginal Citations

M92 1926 c. 59.

62 E+W+S A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M93 Local Government Act 1948 or section 92 of the M94 General Rate Act 1967 by a local valuation panel.

Marginal Citations

M93 1948 c. 26.

M94 1967 c. 9.

63 E+W+S 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 M95 Rent Act 1965 or section 40 of the M96 Rent Act 1968 [F47 or section 63 of the M97 Rent Act 1977.]

Textual Amendments

F47 Words added by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 51

Marginal Citations

M95 1965 c. 75.

M96 1968 c. 23.

M97 1977 c. 42.

64 E+W+S A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) [F48 or (c)] of this Act.

Textual Amendments

F48 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(o)

[F49 64A E+W+S A 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

F49 Sch. 2 Pt. 1 paras. 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(2)

Modifications etc. (not altering text)

C2 Sch. 2 para. 64A extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2), Sch. 13 para. 27 (with ss. 54(7), 66(7), Sch. 17 paras. 22(1), 23(2))

[F50 64B E+W+S 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.]

Textual Amendments

F50 Sch. 2 Pt. I paras 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.61(2)

[F51 64C E+W+S 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.]

Textual Amendments

F51 Sch. 2 Pt. 1 para. 64C inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(3)

[F52 F53 64D E+W+S A pension payable by the London Pensions Fund Authority.]

Textual Amendments

F52 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)

F53 Para. renumbered 64D by S.I. 1990/198, art.3

Part III E+W+S Other Pensions

[F54 F55 65 E+W+S A pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks]

Textual Amendments

F54 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.

F55 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.

66 E+W+S 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 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Sch. 2 pt. III para. 67 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

68 E+W+S A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.

[F57 68A E+W+S A pension payable by virtue of regulations made under section 3(2) of the M98 New Towns (Scotland) Act 1977.]

Textual Amendments

F57 Para. 68A inserted by New Towns (Scotland) Act 1977 (c. 16), s. 3(7)

Marginal Citations

M98 1977 c. 16.

Sections 7 and 17.

SCHEDULE 3 E+W+S Further Administrative, Incidental and Consequential Provisions

Modifications etc. (not altering text)

C3 Sch. 3 excluded by S.I. 1990/503, reg. 3(2)(b)(c)

C4 Sch. 3 continued by S.I. 1990/503, reg. 3(2)(c)

C5 Sch. 3 applied (with modifications) (8.1.1993) by S.I. 1992/3229, reg. 2(1)

Sch. 3 modified (29.3.1994) by S. I. 1994/948, reg. 2(1)(2)

Sch. 3 modified (retrospective effect to 1.4.1990) by S.I. 1994/3026, regs. 1(c), 10(2)

Sch. 3 restricted (2.5.1995) by S.I. 1995/1019, reg. L19(1)(b)

Sch. 3 restricted (30.6.1997) by S.I. 1997/1612, reg. 91

Sch. 3 restricted (1.4.1998) by S.I. 1998/366, reg. 90

Liability for cost of increase of certain local authority, police and fire service pensions E+W+S

1 (1) Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority. E+W+S

(2) For the purposes of this paragraph, “the last employing authority” means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority; and where they have been so transferred, “the last employing authority” means the authority by whom those functions are for the time being exercisable.

(3) Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State.

(4) Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the M99 Police Act 1890 and section 10 of the M100 Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.

(5) This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 [F58 ,63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64B][F59 and 64C.]

Textual Amendments

F58 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(3)

F59 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(4)

Modifications etc. (not altering text)

C6 Sch. 3 para. 1 (except 1(4)) extended by Pensions (Increase) Act 1974 (c. 9), s. 2(2)

C7 Sch. 3 para. 1(1); so much of sub-paragraph (1) as follows the first reference in that sub-paragraph to the pension authority excluded by S.I. 1986/399,art. 9(7)(a)

C8 Sch. 3 para. 1(1) amended by S.I. 1989/1815, art. 7(7)

C9 Sch. 3 para 1(2) excluded (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 15(6) and excluded by SI 1986/399, art 9(7)(b)

C10 Sch. 3 para 1(2) modified (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 18(4)(5).

C11 Sch. 3 Para 1(3) excluded by SI 1986/399, art. 9(7)(b)

Marginal Citations

M99 1890 c. 45.

M100 1921 c. 31.

2 (1) Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund. E+W+S

(2) Where a pension to which this paragraph applies is increased under this Act, and—

(a) the pension is payable partly in respect of service in respect of which another such pension was payable (“the previous service”) and partly in respect of further service rendered after the termination of the previous service; and

(b) different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned;

then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority).

(3) Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1.

(4) This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2.

Modifications etc. (not altering text)

C12 Para 2 Extended by the Pensions (Increase) Act 1974 (c. 9), s. 2(2)

Pensions of former civil servants payable by Post Office E+W+S

3 It shall be the duty of the Post Office to increase in accordance with this Act any pension which is payable under the [F60 principal civil service pension scheme within the meaning of section 2 of the M101 Superannuation Act 1972] but in relation to which the Post Office are the pension authority by virtue of section 44 of the M102 Post Office Act 1969; and where under that Act part of a pension so payable is to be paid by the Post Office and part is not, this Act shall apply as if the two parts were separate pensions.

Textual Amendments

F60 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 90(a)

Modifications etc. (not altering text)

C13 Para. 3 extended by Pensions (Increase) Act 1974 (c. 9), s. 2 (2)

Marginal Citations

M101 1972 c. 11.

M102 1969 c. 48.

Valid from 26/03/2001

[F61 (3A) E+W+S In paragraph 3 above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.]

Textual Amendments

F61 Sch. 3 para. 3A inserted (26.3.2001) by 2001/1149, arts. 3(1), Sch. 1 para. 29

Re-employed teachers E+W+S

Modifications etc. (not altering text)

C14 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.

4 E+W+S Any reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained—

(a) in regulation 50 of the M103 Teachers’ Superannuation Regulations 1967, as inserted by regulation 13 of the M104 Teachers’ Superannuation (Amendment) Regulations 1970 ; or

(b) in regulation 50 of the M105 Teachers’ Superannuation (Scotland) Regulations 1969 ;

shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act and, in relation to any period after 30th November 1973, as a reference to the said Part I and the Pensions (Increase) Act 1974 (but without prejudice to the power to vary or revoke those regulations).

Marginal Citations

M103 S.I. 1967/489.

M104 S.I. 1970/10.

M105 S.I. 1969/77.

Retired staff of former approved schools etc. E+W+S

Modifications etc. (not altering text)

C15 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.

5 E+W+S In Schedule 3 to the M106 Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostal or approved probation home), for paragraph 1(3) there shall be substituted—

“(3) In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.”

Marginal Citations

M106 1969 c. 54.

Meaning of “local authority” and “local government service” E+W+S

6 (1) For the purposes of this Act “local authority” means—

[F62 (a) in England and Wales—

[F63 [F64 (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

(ia) a combined police authority or a combined fire authority, as defined in section 144 of the Local Government Finance Act 1988;]

(ii) a levying body within the meaning of section 74 of that Act; and

(iii) a body as regards which section 75 of that Act applies; and]]

[F65 (b) in Scotland any regional, islands or district council.]

(2) References in this Act to a local authority shall apply also

(a) to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities; and

(b) to any other joint committee established by a combination scheme under section 5(1) and (2) of the M107 Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the M108 Local Government Superannuation Act 1937 or the M109 Local Government Superannuation (Scotland) Act 1937 [F66 or in accordance with regulations made under section 7 of the M110 Superannuation Act 1972]; and

(c) in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937 [F67 or for the purposes of regulations made under section 7 of the M111 Superannuation Act 1972], any passenger transport executive [F68 for the purposes of Part II of the M112 Transport Act 1968][F69 and

(d) in Scotland to any water development board within the meaning of the M113 Water (Scotland) Act 1967 and to any river purification board established under the M114 Local Government (Scotland) Act 1973.]

Textual Amendments

F62 Para. 6(1)(a) substituted by S.I. 1974/595, art. 3(16)

F63 Words substituted (E.W.) by S.I. 1990/776, arts. 2(2), 8, Sch. 3 para. 14

F64 Sch. 3 para. 6(1)(a)(i)(ia) substituted for para. 6(1)(a)(i) (2.11.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch 13, para.30; S.I. 1992/2454, art.2.

F65 Para. 6(1)(b) substituted by Pensions (Increase) Act 1974 (c. 9), s. 3(4)(b)

F66 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 90(b)

F67 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 90(c)

F68 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 23

F69 Words inserted by Pensions (Increase) Act 1974 (c. 9), s. 3(4)(c)

Marginal Citations

M107 1922 c. 59.

M108 1937 c. 68.

M109 1937 c. 69.

M110 1972 c. 11.

M111 1972 c. 11.

M112 1968 c.73 (126).

M113 1967 c. 78.

M114 1973 c. 65.

7 (1) For the purposes of this Act “local government service” means service under any local authority [F70 , any county council, town council or district council and any other authority to whom section 270 of the M115 Local Government (Scotland) Act 1947 applied] but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority. E+W+S

(2) The enactments referred to in sub-paragraph (1) above are—

(a) the following enactments (which relate to war service), that is to say,—

(i) sections 2 and 3 of the M116 Local Government (Emergency Provisions) Act 1916;

(ii) section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

(iii) section 3 of the M117 Local Government Staffs (War Service) Act 1939; and

(b) section 51(4) (firemen employed in training institutions) of the M118 London County Council (General Powers) Act 1949.

Textual Amendments

F70 Words inserted by Pensions (Increase) Act 1974 (c. 9), s. 3(4)(d)

Marginal Citations

M115 1947 c. 43.

M116 1916 c. 12.

M117 1939 c. 94.

M118 1949 c. 1v.

Section 10.

SCHEDULE 4 E+W+S Overseas Government Pensions (India, Pakistan and Burma)

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

Textual Amendments

F71 Sch. 4 paras. 1, 3 repealed by Overseas Pensions Act 1973 (c. 21), Sch. 2

2 E+W+S A pension payable out of the revenues of India or Pakistan to a person resident outside India, Pakistan, Burma and Aden in respect of any relevant services to the Crown, being either—

(a) service which ended before 15th August 1947; or

(b) service of which the termination was attributable to the passing of the M119 Indian Independence Act 1947; or

(c) service which began at a time earlier than 15th August 1947 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

The service relevant to this paragraph is service by virtue of which the pensioner has pension rights in relation to any of the funds listed below and any other service in a civil capacity; it is immaterial whether the service was rendered by the pensioner or by another pension, and “pension rights” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

Marginal Citations

M119 1947 c. 30.

List of funds E+W+S

(i) The Bengal Military Fund and Orphans’ Society;

(ii) The Bombay Military Fund;

(iii) The Madras Military Fund;

(iv) The Madras Medical Fund;

(v) The Indian Navy Fund;

(vi) The Indian Civil Service Family Pension Fund (Untransferred);

(vii) The Superior Services (India) Family Pension Fund (Untransferred);

(viii) The Indian Military Widows’ and Orphans’ Fund (Untransferred);

(ix) The Indian Military Services Family Pension Fund (Untransferred);

(x) The Bengal and Madras Service Family Pension Fund.

3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

Textual Amendments

F72 Sch. 4 paras. 1, 3 repealed by Overseas Pensions Act 1973 (c. 21), Sch. 2

4 E+W+S A pension payable from the revenues of Burma to a person resident outside Burma, India, Pakistan and Aden and payable in respect of service in a civil capacity in Burma, being either—

(a) service which ended before 4th January 1948; or

(b) service of which the termination was attributable to the passing of the M120 Burma Independence Act 1947; or

(c) service which began at a time earlier than 4th January 1948 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

Marginal Citations

M120 1947 c. 3 (11 & 12 Geo. 6).

5 E+W+S A pension payable to or in respect of a member of the staff of the High Commissioner for India or the High Commissioner for Pakistan who at some time before he was transferred to the staff of the High Commissioner had been an officer or servant on the permanent establishment of the Secretary of State in Council of India.

6 E+W+S A pension payable to or in respect of a person who was appointed to the staff of the Auditor of the Accounts of the Secretary of State for India in Council before the 1st April 1937.

7 E+W+S A pension payable to or in respect of a European officer or European warrant officer of the Royal Indian Marine.

Section 11.

SCHEDULE 5 E+W+S Other Overseas Government Pensions

Modifications etc. (not altering text)

C16 Sch. 5 applied (1.3.1995) by S.I. 1995/238, reg. 16

1 E+W+S A pension in respect of service under the government of an overseas territory by a person who—

(a) was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Overseas Governments and Administrations; or

(b) was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Oversea Governments and Administrations; or

(c) was at any time a member of Her Majesty’s Overseas Civil Service or Her Majesty’s Overseas Judiciary; or

(d) was at any time a designated officer under an Overseas Service Aid Scheme Agreement.

2 E+W+S A pension in respect of service under the Sudan Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 17th July 1954.

3 E+W+S A pension in respect of service under the Egyptian Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 15th March 1922, and who was a British subject when he entered such service.

4 E+W+S A pension for the payment of which the Crown assumed responsibility under the Instrument of Cession of Sarawak dated 21st May 1946 or the North Borneo Transfer Agreement dated 26th June 1946.

5 E+W+S A pension in respect of service in any of the armed forces of the Crown raised in an overseas territory, not being a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

6 E+W+S A pension in respect of service in an auxiliary or special police force raised in an overseas territory, not being a pension payable to or in respect of a person who at the time of his retirement either—

(a) was engaged as mentioned in section 1(1) of the M121 Police (Overseas Service) Act 1945; or

(b) was engaged in service in respect of which the provisions of section 5 of the M122 Overseas Service Act 1958 had effect;

nor a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

Marginal Citations

M121 1945 c. 17 (9 & 10 Geo. 6).

M122 1958 c. 14.

Section 13.

SCHEDULE 6 E+W+S Employments Relevant to Section 13(2)

Modifications etc. (not altering text)

C17 Sch. 6 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)

Sch. 6 applied (1.3.1995) by S.I. 1995/238, reg. 17

The following employments shall be included in section 13(2)(a) of this Act, namely,—

(a)

employment in the College of Domestic Arts of South Wales and Monmouthshire;

(b)

employment by the Wheat Commission;

(c)

employment (otherwise than as a constable) under the Commissioner of Police of the Metropolis or the Receiver for the metropolitan police district, being employment remunerated out of the Metropolitan Police Fund;

(d)

service as a justices’ clerk for the inner London area or other officer employed by the committee of magistrates for that area, [F73 other than a justices’ clerk or other officer such as is mentioned in regulation B2(1)(b) of the M123 Local Government Superannuation Regulations 1974 ;]

(e)

employment as an officer of a Regional Hospital Board, Board of Governors of a teaching hospital (or, in Scotland, Board of Management), Executive Council or other body constituted under the M124 National Health Service Act 1946 or the M125 National Health Service (Scotland) Act 1947 and any other employment as an officer engaged in health services provided under either of those Acts or otherwise (but not including health services provided by a local health authority or other local authority);

(f)

practices as a medical practitioner providing general medical services or as a dental practitioner providing general dental services (within the meaning of the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947);

(g)

employment to which the Overseas Superannuation Scheme applied;

(h)

any other employment specified for this purpose by regulations of the Minister for Civil Service.

Textual Amendments

F73 Words substituted by S.I. 1974/520, Sch. 18 Pt. I para. 7

Marginal Citations

M123 S.I. 1974/520.

M124 1946 c. 81.

M125 1947 c. 27.

Section 18.

SCHEDULE 7 E+W+S Consequential Repeals

Modifications etc. (not altering text)

C18 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.

Chapter	Short Title	Extent of Repeal
10 & 11 Geo. 5. c. 36.	The Pensions (Increase) Act 1920.	The whole Act
14 & 15 Geo. 5. c. 32.	The Pensions (Increase) Act 1924.	The whole Act.
7 & 8 Geo. 6. c. 21.	The Pensions (Increase) Act 1944.	The whole Act.
10 & 11 Geo. 6. c. 7.	The Pensions (Increase) Act 1947.	The whole Act
11 & 12 Geo. 6. c. 24.	The Police Pensions Act 1948.	In Schedule 1, paragraphs 15 to 20.
12, 13 & 14 Geo. 6. c. 44.	The Superannuation Act 1949.	Section 48(1) to (4).
		Section 62(3).
15 & 16 Geo. 6 & 1 Eliz. 2. c. 45.	The Pensions (Increase) Act 1952.	The whole Act
1 & 2 Eliz. 2. c. 25.	The Local Government Superannuation Act 1953.	In Schedule 4, paragraph 4.
2 & 3 Eliz. 2. c. 25.	The Pensions (Increase) Act 1954.	The whole Act.
3 & 4 Eliz. 2. c. 22.	The Pensions (India, Pakistan and Burma) Act 1955.	Section 3(1), except the words preceding pargraph (a) and except pargraph (c).
		In Schedule 2, Parts I and II.
4 & 5 Eliz. 2. c. 39.	The Pensions (Increase) Act 1956.	The whole Act.
6 & 7 Eliz. 2. c. 64.	The Local Goverment and Miscellaneous Financial Provisions (Scotland) Act 1958.	In Schedule 4, paragraphs 5 and 19.
7 & 8 Eliz. 2. c. 50.	The Pensions (Increase) Act 1959.	The whole Act
8 & 9 Eliz. 2. c. 9.	The Judicial Pensions Act 1959.	Section 7(1) and (2).
10 & 11 Eliz. 2. c. 30.	The Northern Ireland Act 1962.	Section 26(2).
11 & 12 Eliz. 2. c. 2.	The Pensions (Increase) Act 1962.	The whole Act.
1965 c. 11.	The Ministerial Salaries and Members’ Pensions Act 1965.	Section 17.
1965 c. 58.	The Ministerial Salaries Consolidation Act 1965.	Section 3(3) from “but” onwards.
1965 c. 78.	The Pensions (Increase) Act 1965.	The whole Act.
1969 c. 7.	The Pensions (Increase) Act 1969.	The whole Act.

Section 18.

SCHEDULE 8 U.K. Repeals of Spent Provisions

Part I E+W+S Outright Repeals

Chapter	Short Title	Extent of Repeal
1 & 2 Geo. 6. c. 31.	The Scottish Land Court Act 1938.	Section 1(3)
11 & 12 Geo. 6. c. 26.	The Local Government Act 1948.	In section 140, in subsection (1), the words “the Central Valuation Committee, the Railway Assessment Authority”, and subsection (3)(f) with the preceding “and”.
11 &12 Geo. 6. c. 33.	The Superannuation (Miscellaneous Provisions) Act 1948.	Section 13, so far as unrepealed.
8 & 9 Eliz. 2. c. 9.	The Judicial Pensions Act 1959.	Section 3(2).
		Section 7(3).
		Section 9(3).
1967 c. 73.	The National Insurance Act 1967.	In Schedule 7, paragraph 7.
1969 c. 44.	The National Insurance Act 1969.	Section 10(2).
1969 c. 63.	The Police Act 1969.	Section 5.
1970 c. 51.	The National Insurance (Old perons’ and widows’ pensions and attendance allowance) Act 1970.	Section 8(6).

Modifications etc. (not altering text)

C19 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.

Part II U.K. Repeals with Saving for Existing Pensions

Chapter	Short Title	Extent of Repeal
8 Edw. 7. c. 38.	The Irish Universities Act 1908.	Section 16(8).
9 & 10 Geo. 5. c. 19.	The Local Government (Ireland) Act 1919.	Section 8.
10 & 11 Geo. 5. c. 67.	The Government of Ireland Act 1920.	Section 9(4).
		Sections 54 and 55.
		Sections 57 to 59.
		In section 68, subsection (1) from the words “or any Act” onwards and subsection (2).
		Schedule 8.
13 Geo. 5. Sess. 2. c. 2.	The Irish Free State (Consequential Provisions) Act 1922 (Session 2).	In Schedule 1, paragraph 7(2).
25 & 26 Geo. 5. c. 23.	The Superannuation Act 1935.	Section 18(2).
12, 13 & 14 Geo. 6. c. 44.	The Superannuation Act 1949.	Section 56.
10 & 11 Eliz. 2. c. 30.	The Northern Ireland Act 1962.	Section 26(1) and (3).
1965 c. 74.	The Superannuation Act 1965.	Section 101.

No repeal included in this Part of this Schedule shall affect the operation of any enactment (including an enactment of the Parliament of Northern Ireland) in relation to pensions for service ending before the passing of this Act.