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Pensions (Increase) Act 1971

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This is the original version (as it was originally enacted).

14Adjustment of police pensions

(1)Regulations made under section 1 of the Police Pensions Act 1948 so as to take effect from 1st September 1971 may, notwithstanding anything in section 3 of that Act, include provisions relating to pensions payable to or in respect of persons who have been members of a police force, but have ceased to be so or died before the date when the regulations come into operation, in so far as those provisions appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act.

(2)Regulations made under section 1 of the Police Pensions Act 1948, and stating that they contain only such provisions as appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act, may be made to take effect from 1st September 1971 although made after that date; and regulations made under that section with respect only to derivative pensions, other than substituted pensions, and stating that they contain only such provisions as appear to the Secretary of State to be necessary or expedient in connection with an order under section 2 above, may be made to take effect from the same 1st September as that order, although made after that date.

(3)Where it appears to the Secretary of State expedient to postpone the operation of this Act with respect to any pensions pending the making with respect to them of provision under section 5(3) above, or the making with respect to them under section 1 of the Police Pensions Act 1948 of such provision as may be necessary or expedient in connection with the passing of this Act (or pending consideration of the question of making any such provision), he may by regulations under section 1 of that Act provide that, so long as the regulations remain in force, the provisions of this Act other than this section shall not affect those pensions.

(4)Subsections (2) and (3) above shall apply in relation to regulations under section 34 or 35 of the Police Act 1964, or under section 26 or 27 of the Police (Scotland) Act 1967, as they apply in relation to regulations under section 1 of the Police Pensions Act 1948.

(5)In any case in which by subsection (2) above regulations under section 1 of the Police Pensions Act 1948 are authorised to be made with retrospective effect, then whether or not they are so made, they may be made without compliance with section 1(7) of that Act (which requires regulations under the section to be approved in draft by both Houses of Parliament); but where by virtue of this subsection any regulations are made without compliance with section 1(7), the statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament; and this subsection shall apply to regulations made by virtue of subsection (3) above as it applies to those authorised by subsection (2) to be made with retrospective effect.

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