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Superannuation Act 1972

Status:

This is the original version (as it was originally enacted).

Persons employed in the civil service, etc.

1Superannuation schemes as respects civil servants, etc.

(1)The Minister for the Civil Service (in this Act referred to as " the Minister ")—

(a)may make, maintain, and administer schemes (whether contributory or not) whereby provision is made with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the scheme, are to be paid, or may be paid, by the Minister to or in respect of such of the persons to whom this section applies as he may determine ;

(b)may, in relation to such persons as any such scheme may provide, pay or receive transfer values ;

(c)may make, in such circumstances as any such scheme may provide, payments by way of a return of contributions, with or without interest; and

(d)may make such payments as he thinks fit towards the provision, otherwise than by virtue of such a scheme, of superannuation benefits for or in respect of such of the persons to whom this section applies as he may determine.

(2)The Minister may, to such extent and subject to such conditions as he thinks fit, delegate to any other Minister or officer of the Crown any functions exercisable by him by virtue of this section or any scheme made thereunder.

(3)Before making any scheme under this section the Minister, or, if the Minister so directs in relation to a particular scheme, another Minister of the Crown specified in the direction, shall consult with persons appearing to the Minister or that other Minister, as the case may be, to represent persons likely to be affected by the proposed scheme or with the last-mentioned persons.

(4)This section applies to persons serving—

(a)in employment in the civil service of the State ; or

(b)in employment of any of the kinds listed in Schedule 1 to this Act; or

(c)in an office so listed.

(5)Subject to subsection (6) below, the Minister may by order—

(a)add any employment to those listed in the said Schedule 1, being employment by a body or in an institution specified in the order,

(b)add any office so specified to the offices so listed, or

(c)remove any employment or office from the employments or offices so listed.

(6)No employment or office shall be added to those listed in the said Schedule 1 unless the remuneration of persons serving in that employment or office is paid out of moneys provided by Parliament or the Consolidated Fund.

(7)Notwithstanding subsection (6) above, the Minister may by order provide that this section shall apply to persons serving in employment which is remunerated out of a fund specified in the order, being a fund established by or under an Act of Parliament.

(8)An order under subsection (5) or (7) above—

(a)may be made so as to have effect as from a date before the making of the order ;

(b)may include transitional and other supplemental provisions ;

(c)may vary or revoke a previous order made under that subsection; and

(d)shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2Further provisions relating to schemes under s. 1

(1)A scheme under section 1 of this Act which makes provision with respect to the pensions, allowances or gratuities "which are to be, or may be, paid to or in respect of a person to whom that section applies and who is incapacitated or dies as a result of an injury sustained, or disease contracted, in circumstances prescribed by the scheme may make the like provision in relation to any other person, being a person who is employed in a civil capacity for the purposes of Her Majesty's Government in the United Kingdom, whether temporarily or permanently and whether for reward or not, or is a person holding office in that Government and who is incapacitated or dies as a result of an injury or disease so sustained or contracted.

(2)Any scheme under the said section 1 may make provision for the payment by the Minister of pensions, allowances or gratuities by way of compensation to or in respect of persons—

(a)to whom that section applies ; and

(b)who suffer loss of office or employment, or loss or diminution of emoluments, in such circumstances, or by reason of the happening of such an event, as may be prescribed by the scheme.

(3)No scheme under the said section 1 shall make any provision which would have the effect of reducing the amount of any pension, allowance or gratuity, in so far as that amount is calculated by reference to service rendered before the coming into operation of the scheme, or of reducing the length of any service so rendered, unless the persons consulted in accordance with section 1 (3) of this Act have agreed to the inclusion of that provision.

(4)Subject to subsection (3) above, any scheme under the said section 1, or any provision thereof, may be framed—

(a)so as to have effect as from a date earlier than the date on which the scheme is made ; or

(b)so as to apply in relation to the pensions, allowances or gratuities paid or payable to or in respect of persons who, having been persons to whom the said section 1 applies, have died or ceased to be persons to whom that section applies before the scheme comes into operation; or

(c)so as to require or authorise the payment of pensions,

allowances or gratuities to or in respect of such persons.

(5)Where an order has been made under section 1(7) of this Act, any scheme under that section may provide for the payment' to the Minister out of the fund specified in the order of benefits or other sums paid by him in accordance with the scheme to or in respect of persons to whom that section applies by virtue of the order, together with any administrative expenses incurred in connection with the payment of those sums, and for the payment into that fund of contributions paid in accordance with the scheme by or in respect of those persons and of any transfer values received in respect of them.

(6)Any scheme under the said section 1 may provide for the determination by the Minister of questions arising under the scheme and may provide that the decision of the Minister on any such question shall be final.

(7)Where under any such scheme any question falls to be determined by the Minister, then, at any time before the question is determined, the Minister may (and if so directed by any of the Courts hereinafter mentioned shall) state in the form of a special case for determination by the High Court, the Court of Session or the Court of Appeal in Northern Ireland any question of law arising out of the question which falls to be determined by him.

(8)Where such a case is stated for determination by the High Court, an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal; and where such a case is stated for determination by the Court of Session then, subject to any rules of court, the Minister shall be entitled to appear and be heard when the case is being considered by that Court.

(9)Any scheme under the said section 1 may amend or revoke any previous scheme made thereunder.

(10)Different schemes may be made under the said section 1 in relation to different classes of persons to whom that section applies, and in this section " the principal civil service pension scheme" means the principal scheme so made relating to persons serving in employment in the home civil service or the diplomatic service.

(11)Before a scheme made under the said section 1, being the principal civil service pension scheme or a scheme amending or revoking that scheme, comes into operation the Minister shall lay a copy of the scheme before Parliament.

(12)Notwithstanding any repeal made by this Act, the existing civil service superannuation provisions, that is to say, the enactments and instruments listed in Schedule 2 to this Act, shall, with the necessary adaptations and modifications, have effect as from the commencement of this Act as if they constituted a scheme made under the said section 1 in relation to the persons to whom that section applies, being the principal civil service pension scheme, and coming into operation on the said commencement and may be revoked or amended accordingly.

3Recovery in certain circumstances of payments by way of injury allowances

(1)The following provisions of this section shall have effect where a scheme under section 1 of this Act provides for the payment of a pension, allowance or gratuity to or in respect of a person who is incapacitated or dies as a result of an injury sustained or disease contracted in circumstances prescribed by the scheme, and a pension, allowance or gratuity is paid in accordance with the scheme to or in respect of a person in consequence of an injury or disease so sustained or contracted or of a death resulting from such injury or disease.

(2)If the scheme requires the Minister to take into account, as against any sums otherwise payable under the scheme, any damages which are recovered or recoverable by or on behalf of the recipient of the pension, allowance or gratuity granted in consequence of the injury, disease or death, being damages in respect of that injury, disease or death, and the Minister makes any payments without taking such damages into account, then if and when the Minister is satisfied that there are any damages to be so taken into account, he shall have the right to recover from the recipient—

(a)where the amount of the payments made by the Minister is less than the net amount of the damages, the amount of those payments;

(b)where the amount of those payments is not less than the net amount of the damages, such part of those payments as is equal to the net amount of the damages.

(3)So far as any amount recoverable under this section represents a payment made by the Minister from which income tax has been deducted before payment, the proper allowance shall be made in respect of the amount so deducted, and in this section " the net amount of the damages" means the amount of the damages after deducting any tax payable in the United Kingdom or elsewhere to which the damages are subject.

(4)No proceedings shall be brought to recover any amount under this section—

(a)after the death of the recipient of the payments; or

(b)after the expiration of two years from the date on which the amount of the damages taken into account in arriving at the amount so recoverable is finally determined (whether in court proceedings or in arbitration proceedings or by agreement between the parties) or from the date on which the final determination of that amount first came to the knowledge of the Minister, whichever date is the later.

(5)A certificate issued by the Minister and stating the date on which the final determination of any amount of damages first came to his knowledge shall be admissible in any proceedings as sufficient evidence of that date.

(6)The provisions of this section are without prejudice to any right of the Minister under any such scheme to take damages into account by withholding or reducing any further sums otherwise payable to the recipient of the pension, allowance or gratuity.

4Payments due to deceased persons

(1)Where on the death of any person there is due to the deceased or his personal representatives from a government department a sum, not exceeding £500, in respect of salary, wages or other emoluments or of superannuation benefits payable by virtue of a scheme made under section 1 of this Act, probate or other proof of the title of the personal representatives of the deceased may be dispensed with, and the appropriate authority may pay the whole or any part of that sum to those representatives or to the person, or to or among any one or more of any persons, appearing to that authority to be beneficially entitled to the personal or movable estate of the deceased; and any person to whom such a payment is made, and not the appropriate authority, shall thereafter be liable to account for the amount paid to him under this subsection.

(2)Subsection (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 substituting for references to £500 such higher amount as may be specified in the order.

(3)The reference to a government department in subsection (1) above shall be construed as including a reference to a body or institution listed in Schedule 1 to this Act.

(4)In this section " the appropriate authority", in relation to any sum, means the Minister in charge of the government department, the body, or the trustees or other authority responsible for the institution, as the case may be, from whom that sum is due.

5Benefits under civil service superannuation schemes not assignable

(1)Any assignment (or, in Scotland, assignation) of or charge on, and any agreement to assign or charge, any benefit payable under a scheme made under section 1 of this Act shall be void.

(2)Nothing in subsection (1) above shall affect the powers of any court under section 51(2) of the Bankruptcy Act 1914 or section 148 of the Bankruptcy (Scotland) Act 1913 (bankrupt's salary, pension, etc. may be ordered to be paid to the trustee in bankruptcy) or under any enactment applying to Northern Ireland (including an enactment of the Parliament of Northern Ireland) and corresponding to the said section 51(2).

6Power to repeal or amend Acts, etc.

(1)The Minister may by order repeal or amend any provision in any Act of Parliament, whether public general, local or private, including an Act confirming a provisional order, or in any order or other instrument made under any such Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of section 1 or 2 of this Act or of any scheme made under the said section 1 or any repeal made by this Act in consequence of the enactment of those sections.

(2)An order under this section—

(a)may be made so as to have effect as from a date before the making of the order ;

(b)may vary or revoke a previous order made thereunder;

and

(c)shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Persons employed in local government service, etc.

7Superannuation of persons employed in local government service, etc.

(1)The Secretary of State may by regulations make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid to or in respect of such persons, or classes of persons, as may be so prescribed, being—

(a)persons, or classes of persons, employed in local government service; and

(b)other persons, or classes of persons, for whom it is appropriate, in the opinion of the Secretary of State, to provide pensions, allowances or gratuities under the regulations.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section—

(a)may include all or any of the provisions referred to in Schedule 3 to this Act; and

(b)may make different provision as respects different classes of persons and different circumstances.

(3)Notwithstanding anything in the Pensions (Increase) Act 1971, regulations under this section may provide—

(a)that increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be paid out of such of the superannuation funds established under the regulations as the regulations may provide; and

(b)that the cost of those increases or of that part thereof, as the case may be, shall be defrayed by contributions from the persons to whom any services in respect of which the pensions, allowances or gratuities are or may become payable were or are being rendered or by such of those persons as may be so prescribed ;

and any provisions of the said Act of 1971, or of regulations made under section 5 thereof, relating to liability for the cost of increases under that Act of pensions, allowances or gratuities payable under the regulations shall have effect subject to the provisions of any regulations made by virtue of this subsection and for the time being in force.

(4)Without prejudice to subsection (2) above, regulations made by virtue of subsection (3) above may make different provision as respects different classes of pensions, allowances or gratuities.

(5)Before making any regulations under this section the Secretary of State shall consult with—

(a)such associations of local authorities as appear to him to be concerned;

(b)any local authority with whom consultation appears to him to be desirable; and

(c)such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

8Local Act schemes

(1)The Secretary of State may make regulations providing for—

(a)the revocation of the local Act scheme administered by a local Act authority;

(b)the winding up of the superannuation fund maintained under that scheme and the transfer of its assets and liabilities to such superannuation fund as may be specified in the regulations ;

(c)the modification of regulations made under section 7 of this Act for the purpose of securing that rights enjoyed by and in respect of the persons who were entitled to participate in the benefits of the superannuation fund which is to be wound up are preserved;

(d)such other consequential and incidental matters as appear to the Secretary of State to be necessary or expedient.

(2)The Secretary of State may by regulations make such additions to, or modifications of, a local Act scheme as he considers necessary to reproduce (with or without modifications) the effect of any enactment relating to the local Act scheme and repealed by this Act. In this subsection " enactment" includes any instrument made under an Act.

(3)Regulations under section 7 of this Act may provide for any of their provisions to apply, subject to such modifications as may be prescribed by the regulations, in relation to such local Act schemes as may be so prescribed or in relation to such pensions, allowances or gratuities, payable under such local Act schemes, as may be so prescribed; and where by virtue of this subsection any provisions of the regulations are so applied, the local Act scheme shall have effect subject thereto.

(4)Before making any regulations under this section the Secretary of State shall consult with the local Act authority concerned and with such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

(5)In this section " local Act authority" means a local authority who, not maintaining a superannuation fund in accordance with regulations under section 7 of this Act, maintain a superannuation fund under a local Act and " local Act scheme " means the superannuation scheme which such an authority administer.

Teachers

9Superannuation of teachers

(1)The Secretary of State may, by regulations made with the consent of the Minister, make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid by the Secretary of State to or in respect of teachers.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section—

(a)may include all or any of the provisions referred to in Schedule 3 to this Act; and

(b)may make different provision as respects different classes of persons and different circumstances.

(3)Where the regulations provide for the making of any such payment as is referred to in paragraph 3, 5 or 6 of the said Schedule 3, they may also provide for the payment to be made by the Secretary of State.

(4)Where regulations under this section provide for the establishment of a superannuation fund, the regulations may also provide for the payment by the Secretary of State—

(a)of the administrative expenses of the persons by whom, in accordance with the regulations, the fund is to be administered ; and

(b)of such travelling, subsistence and other allowances to those persons as the Secretary of State may, with the consent of the Minister, determine.

(5)Before making any such regulations the Secretary of State shall consult with representatives of local education authorities and of teachers and with such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

(6)In this section " teachers " includes such persons as may be prescribed by regulations made under this section, being persons employed otherwise than as teachers—

(a)in a capacity connected with education which to a substantial extent involves the control or supervision of teachers; or

(b)in employment which involves the performance of duties in connection with the provision of education or services ancillary to education.

(7)In the application of this section to Scotland for the reference in subsection (5) to local education authorities there shall be substituted a reference to education authorities.

Persons engaged in health services, etc.

10Superannuation of persons engaged in health services, etc.

(1)The Secretary of State may, by regulations made with the consent of the Minister, make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid by the Secretary of State to or in respect of such persons, or classes of persons, as may be so prescribed, being—

(a)persons, or classes of persons, engaged in health services other than services provided by a local health authority or other local authority ; and

(b)other persons, or classes of persons, for whom it is appropriate, in the opinion of the Secretary of State, to provide pensions, allowances or gratuities under the regulations.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section—

(a)may include all or any of the provisions referred to in Schedule 3 to this Act; and

(b)may make different provision as respects different classes of persons and different circumstances.

(3)Where the regulations provide for the making of any such payment as is referred to in paragraph 3, 5 or 6 of the said Schedule 3, they may also provide for the payment to be made by the Secretary of State.

(4)Before making any such regulations the Secretary of State shall consult with such representatives of persons likely to be affected by the proposed regulations as appear to him to be appropriate.

(5)In section 7(2) of the Superannuation (Miscellaneous Provisions) Act 1967 (which, in a case where any person within 12 months after leaving employment by virtue of which he was entitled to participate in superannuation benefits provided under the National Health Service Act 1946 enters other approved employment, empowers the Secretary of State to direct that the superannuation regulations shall apply to him with certain modifications) after the words " any person " there shall be inserted the words

while continuing in or.

Provisions ancillary to sections 7 to 10

11Statement of case by Secretary of State

(1)Where under any regulations made under section 7, 9 or 10 of this Act, in its application to England and Wales, any question falls to be determined by the Secretary of State, then, at any time before the question is determined, the Secretary of State may (and if so directed by the High Court shall) state in the form of a special case for determination by the High Court any question of law arising out of the question which falls to be determined by him; and where such a case is so stated, an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal.

(2)Where under any regulations made under section 7, 9 or 10 of this Act, in its application to Scotland, any question falls to be determined by the Secretary of State, then, at any time before the question is determined, the Secretary of State may (and if so directed by the Court of Session shall) state a case for the opinion of that Court on any question of law arising out of the question which falls to be determined by him; and subject to any rules of court, the Secretary of State shall be entitled to appear and be heard when the case is being considered by the Court.

12Further provisions as to regulations

(1)Any regulations made under section 7, 8(2), 9 or 10 of this Act may be framed so as to have effect as from a date earlier than the making of the regulations.

(2)Subject to subsection (4) below, any regulations made under section 7, 9 or 10 of this Act may be framed—

(a)so as to apply in relation to the pensions which are being paid or may become payable under the regulations to or in respect of persons who, having served in an employment or office service in which qualifies persons to participate in the benefits for which the regulations provide, have ceased to serve therein or died before the regulations come into operation; or

(b)so as to require or authorise the payment of pensions to or in respect of such persons.

(3)Subsection (2) above shall apply in relation to regulations under the said section 7, being regulations made by virtue of section 8(3) of this Act, as if for the first two references to those regulations in paragraph (a) there were substituted references to the local Act scheme affected by the regulations.

(4)No provision shall be made by any regulations by virtue of subsection (2) above unless any person who is placed in a worse position than he would have been in if the provision had not applied in relation to any pension which is being paid or may become payable to him is by the regulations given an opportunity to elect that the provision shall not so apply.

(5)In the foregoing provisions of this section " pension" includes allowance and gratuity.

(6)Regulations made under section 7, 8, 9 or 10 of this Act shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provisions relating to superannuation of various other persons

13The Comptroller and Auditor General

(1)A person appointed to be the Comptroller and Auditor General (in this section referred to as the Comptroller) may, within such period and in such manner as may be prescribed by regulations under this section, elect between the statutory scheme of pensions and other benefits applicable to the judicial offices listed in Schedule 1 to the Judicial Pensions Act 1959 and the scheme of pensions and other benefits applicable by virtue of section 1 of this Act to the civil service of the State (in this section referred to respectively as the judicial scheme and the civil service scheme), and if he does not so elect shall be treated as having elected for the civil service scheme.

(2)Where a person so appointed elects for the judicial scheme, a pension may be granted to him on ceasing to hold office as Comptroller if he has held that office for not less than five years and either—

(a)has attained the age of sixty-five years ; or

(b)is disabled by permanent infirmity for the performance of the duties of that office ;

and subject to regulations under this section, the provisions of the Judicial Pensions Act 1959, other than section 2 (retiring age), and of sections 2 to 8 of the Administration of Justice (Pensions) Act 1950 (lump sums and widows' and dependants' pensions) shall apply in relation to him and his service as Comptroller as they apply in relation to the holders of judicial offices listed in Schedule 1 to the said Act of 1959 and service in any such office, this subsection being the relevant pension enactment for the purposes of that Act.

(3)Where a person so appointed elects for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall, subject to regulations under this section, apply as if his service as Comptroller were service in employment in the civil service of the State.

(4)Any pension or other benefit granted to the Comptroller by virtue of this section shall be granted by letters patent.

(5)The Minister may by statutory instrument make regulations for purposes supplementary to the foregoing provisions of this section; and such regulations may, without prejudice to section 38 of the Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of persons to whom the judicial scheme or the civil service scheme has applied or applies in respect of any service other than service as Comptroller, including provision—

(a)for aggregating other service falling within the judicial scheme with service as Comptroller, or service as Comptroller with such other service, for the purpose of determining qualification for or the amount of benefit under that scheme ;

(b)for increasing the amount of the benefit payable under the judicial scheme, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Comptroller, up to the amount which would have been payable thereunder if he had retired from that office on the ground of permanent infirmity immediately before his appointment ;

(c)for limiting the amount of benefit payable under the judicial scheme, in the case of a person to whom the civil service scheme applied in respect of service before his appointment as Comptroller, by reference to the difference between the amount of the benefit granted in his case under the civil service scheme and the amount which would be payable under the judicial scheme if that service had been service as Comptroller.

(6)Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

(7)Any pension or other benefit granted by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

14Metropolitan civil staffs

(1)Section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (which applies the legislation governing the superannuation of civil servants to certain persons employed under the Commissioner of Police for the Metropolis, justices' clerks for the inner London area and other persons employed by the committee of magistrates for that area) shall be amended as follows.

(2)In subsection (1)(b) (definition of " civil service provisions ") for the words from " the Superannuation Act" to " any other " there shall be substituted the words

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and any.

(3)In subsection (3) (which empowers the Secretary of State by regulations to provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under the section and certain other purposes subject to exceptions, modifications and adaptations specified in the regulations)—

(a)after the word " may ", where first occurring, there shall be inserted the words

with the consent of the Minister for the Civil Service; and

(b)in paragraph (a), after the word " exceptions " there shall be inserted the word

additions.

(4)Subsection (5) (which authorises the Secretary of State in certain circumstances to confer on himself power to make rules or regulations in relation to members of the metropolitan civil staffs where the Minister has power to make similar rules or regulations in relation to civil servants) shall be omitted.

(5)For subsection (6) (which provides that regulations under the section shall be subject to annulment in pursuance of a resolution of either House of Parliament) there shall be substituted the following subsection:—

(6)Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs, and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament.

15Members of police forces, special constables and police cadets

(1)Section 1 of the Police Pensions Act 1948 (power to make regulations providing for police pensions) shall have effect subject to the following amendments:—

(a)in subsection (3), for the words " or terminated " there shall be substituted the words

terminated or forfeited

and at the end there shall be added the words

and may provide for a pension to be forfeited wholly or in part and for the forfeiture to be permanent or temporary;

(b)in subsection (7), for the words from " and before " onwards there shall be substituted the words

which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)In section 4(1) of the said Act of 1948 (forfeiture of pensions) the words " granted under regulations made under this Act is granted, and every pension " shall be omitted.

(3)For section 5 of the said Act of 1948 (appeals) there shall be substituted the following section— Appeals.

5(1)Subject to subsections (3) and (4) below, regulations made under section 1 of this Act shall make provision as to the court or other person by whom appeals are to be heard and determined in the case of any person who is aggrieved—

(a)by the refusal of the police authority to admit a claim to receive as of right a pension, or a larger pension than that granted, under regulations made under that section; or

(b)by the forfeiture of any pension granted to him thereunder.

(2)If any person is aggrieved by the forfeiture, under the provisions in that behalf contained in this Act, of any pension granted to him under any of the enactments specified in Part I of the First Schedule to this Act, he may appeal to the Crown Court and that court, after enquiring into the case, may make such order in the matter as appears to the court to be just.

(3)No provision made in the regulations by virtue of subsection (1) of this section shall confer a right of appeal against anything done by the police authority in the exercise of any power which is conferred on them by the regulations and is expressly declared by the regulations to he a power which they are to exercise in their discretion

(4)The regulations may provide, in relation to questions arising thereunder, for the reference of any such matter as is prescribed, either by the police authority, or by the court, to a medical practitioner, whose decision thereon shall, subject to such rights of appeal as may be provided by the regulations to such tribunal as may be constituted thereunder, be final on the matter so referred.

(5)In the application of this section to Scotland, for the reference in subsection (2) to the Crown Court there shall be substituted a reference to the sheriff having jurisdiction in the place where the person concerned last served as a member of a police force.

(4)The provisions of sections 4(1) and (2) and 5(1) and (5) of the said Act of 1948 as in force immediately before the commencement of this Act shall, so far as they related to pensions granted under regulations made under section 1 of that Act, be deemed to have effect as if they were provisions of regulations so made and in force on that date, and may be revoked accordingly.

(5)Section 12 (except subsections (3) and (6)) of this Act shall apply in relation to—

(a)regulations under section 1 of the said Act of 1948;

(b)regulations relating to pensions under section 34 or 35 of the Police Act 1964 (special constables and police cadets);

(c)regulations under section 26(2)(k) of the Police (Scotland) Act 1967 (regulations with respect to the application to special constables of provisions relating to the pensions payable to or in respect of regular constables); or

(d)regulations relating to pensions under section 27 of the said Act of 1967 (police cadets),

as it applies in relation to regulations under section 7, 8(2), 9 or 10 of this Act.

16Members of fire brigades

(1)Without prejudice to the generality of section 26 of the Fire Services Act 1947 (power to make order bringing the Firemen's Pension Scheme into operation), any Scheme under that section may include provision for the payment by a fire authority or the Secretary of State of transfer values as respects persons who transfer or have transferred from employment in respect of which awards may be made under the Scheme to such other employment as may be specified in the Scheme.

(2)Subsection (3) of the said section 26 (circumstances in which a pension may be provided under the Scheme) shall cease to have effect.

(3)Section 12 (except subsections (3) and (6)) of this Act shall, with the necessary modifications, apply in relation to an order under the said section 26 as it applies in relation to regulations under section 7, 8(2), 9 or 10 of this Act.

17Persons employed by general lighthouse authorities, etc.

(1)After section 1 of the Merchant Shipping (Mercantile Marine Fund) Act 1898 there shall be inserted the following section:— Pension rights of certain employees.

1A(1)There shall be payable to or in respect of persons whose salaries are paid out of the General Lighthouse Fund such pensions, allowances or gratuities as may be determined in accordance with, in the case of such of those persons as are employed by the Secretary of State, arrangements made by him and, in the case of other such persons, arrangements made by a general lighthouse authority and approved by the Secretary of State, and those benefits shall be charged on and payable out of that Fund.

(2)Section 210 of the Income and Corporation Taxes Act 1970 (contributions for widows' and certain other pensions not to qualify for tax relief), as amended by the Superannuation Act 1972, shall apply in relation to contributions made in pursuance of any such arrangements as are referred to in subsection (1) above by any person who is chargeable to income tax under the Income Tax Acts as it applies in relation to contributions made in accordance with a scheme under section 1 of the said Act of 1972.

(2)Section 665 of the Merchant Shipping Act 1894 (power of general lighthouse authority to grant pensions) shall cease to have effect.

18Employees of law societies

(1)For section 11 of the Legal Aid and Advice Act 1949 (pension rights of employees of Law Society) there shall be substituted the following section— Pension rights of employees.

11(1)The Law Society shall, with the approval of the Lord Chancellor, make arrangements for the provision of pensions, allowances or gratuities to or in respect of persons employed by the Law Society for the purpose of their functions under this Part of this Act, and any such arrangements may include the establishment and administration, by the Law Society or otherwise, of a pension scheme with or without a pension fund.

(2)If the Lord Chancellor so directs, receipts and expenses of the Law Society attributable to their establishment and administration of a pension scheme under this section shall, notwithstanding anything in section 9 of this Act, be dealt with under the scheme instead of being paid into and out of the legal aid fund.

(2)For section 12 of the Legal Aid (Scotland) Act 1967 (pension rights of employees of Law Society of Scotland) there shall be substituted the following section— Pension rights of employees.

12(1)The Law Society shall, with the approval of the Secretary of State, make arrangements for the provisions of pensions, allowances or gratuities to or in respect of persons employed by the Law Society for the purpose of their functions under this Act, and any such arrangements may include the establishment and administration, by the Law Society or otherwise, of a pension scheme with or without a pension fund.

(2)If the Secretary of State so directs, receipts and expenses of the Law Society attributable to their establishment and administration of a pension scheme under this section shall, notwithstanding anything in section 9 of this Act, be dealt with under the scheme instead of being paid into and out of the legal aid fund.

19Members and staff of certain Commissions

(1)Any Order in Council made under section 8 of the Minister of Town and Country Planning Act 1943 (power to establish Commissions to assist the Secretary of State in the exercise of his functions in relation to the use and development of land) may provide for empowering the Commission established by the Order—

(a)to pay to or in respect of the following persons, that is to say, the members of the Commission and the officers and servants of the Commission, or to or in respect of such of those persons as may be determined by the Commission with the approval of the Secretary of State, such pensions, allowances or gratuities as may be so determined;

(b)to make such payments towards the provision of such pensions, allowances or gratuities as may be so determined ; or

(c)to provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.

(2)The Location of Offices Bureau established by the Location of Offices Bureau Order 1963 made under the said section 8 shall be deemed always to have had power to do all such things as are referred to in paragraphs (a), (b) and (c) of subsection (1) above.

20Officers and servants of certain river authorities

(1)This section applies to the following persons, namely—

(a)every officer and servant of the Conservators of the River Thames (" the Conservators") to whom but for any repeal made by this Act section 79(8) of the Land Drainage Act 1930 or section 53(2) of the Thames Conservancy Act 1950 would have applied; and

(b)every officer and servant of the Lee Conservancy Board or of the Lee Conservancy Catchment Board (" the Catchment Board ") to whom but for any such repeal section 80(7) of the said Act of 1930 would have applied.

(2)There shall be paid by the Conservators to or in respect of the persons to whom this section applies by virtue of subsection (1)(a) above, and there shall be paid by the Catchment Board to or in respect of the persons to whom this section applies by virtue of subsection (1)(b) above, the same pensions, allowances or gratuities as can be paid to or in respect of persons employed in the civil service of the State, and the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall apply accordingly in relation to those persons with the necessary adaptations.

(3)The Conservators and the Catchment Board shall have all such powers as may be necessary to enable them to comply with subsection (2) above, including power to pay and receive transfer values and to make payments towards the provision of such pensions, allowances and gratuities as are referred to in that subsection.

(4)The Catchment Board shall be deemed always to have had power to pay pensions, allowances or gratuities in respect of persons to whom section 80(7) of the Land Drainage Act 1930 at any time applied.

21Employees of British Airways Board, British European Airways Corporation, British Overseas Airways Corporation, etc.

(1)For section 56 of the Civil Aviation Act 1971 (participation of employees of the British Airways Board in pension schemes established by the corporations) there shall be substituted the following section:— Pensions.

56(1)The Board may, in the case of such of the persons mentioned in subsection (3) below as may be determined by it, pay such pensions, allowances or gratuities to or in respect of those persons as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or establish and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.

(2)The Board may make arrangements with the corporations whereby any or all of the functions of the Board under subsection (1) above are to be performed by the corporations.

(3)The persons referred to in subsection (1) above are—

(a)employees of any member of the group ;

(b)employees of the board of trustees of any joint medical services of the group or of the corporations; and

(c)persons employed by any other person in connection with the management and administration of any scheme established and maintained by virtue of subsection (1) or (2) above.

(4)Section 24 of the Air Corporations Act 1967, (power to make regulations providing for pension schemes for employees of the corporations and certain other persons) shall cease to have effect, but any scheme established by virtue of regulations made under that section and in force immediately before the commencement of this section shall, unless and until terminated in accordance with its provisions, have effect as if—

(a)it had been established by virtue of subsection (2) above; and

(b)the persons in respect of whose service benefits may be provided under the scheme included, in addition to the persons mentioned in subsection (1) of the said section 24, the other persons mentioned in subsection (3) above;

and the reference in paragraph (c) of subsection (3) above to any scheme established and maintained by virtue of subsection (2) above shall be construed accordingly.

(5)The Board shall take such steps as it thinks expedient to secure the participation in such a scheme as is referred to in subsection (4) above, on such terms as it thinks fit (which may include terms as to the payment of contributions by participants and their employers and former employers or any of them), of such persons as the Board may determine, being employees of the Board or a joint subsidiary or an undertaking which is a subsidiary by reference to share capital held by, or a power to appoint directors vested in, the Board.

(6)Where a participant in any such scheme as is referred to in subsection (3)(c) above becomes—

(a)a member of the Board or of either of the corporations, or

(b)a director of any other member of the group,

his service as such a member or director (whether before or after the passing of this Act) shall be treated for the purposes of the scheme as if it were service as an employee of the member of the group, the board of trustees or other person, as the case may be, in whose employment he was or was treated for those purposes as being when he became such a member or director.

(2)The following enactments are hereby repealed, namely—

(a)in the Air Corporations Act 1967, section 24, in section 29 the words from " and the transfer" to the end, section 30 and in Schedule 2, Part II;

(b)in the Civil Aviation Act 1968, section 25(2)(b) and the word " and" immediately preceding that paragraph ; and

(c)in the Civil Aviation Act 1971, in Schedule 10, paragraph 20.

22Pension schemes of various statutory bodies: removal of requirement to obtain Ministerial approval for certain determinations

(1)Any body specified in column 1 of Schedule 4 to this Act may make any determination relating to, or connected with, the provision of pensions, gratuities or other like benefits to or in respect of persons employed by it which it has power to make under the enactment specified in relation to that body in column 2 of that Schedule without obtaining the approval or agreement of any Minister of the Crown or government department whose approval of, or agreement to, that determination is required by virtue of that enactment or by virtue of that enactment and any order made in pursuance of section 1 or 2 of the Ministers of the Crown (Transfer of Functions) Act 1946 or section 4 of the Ministers of the Crown Act 1964.

(2)The Council for Professions Supplementary to Medicine may approve any determination relating to pensions made under paragraph 20(2) of Schedule 1 to the Professions Supplementary to Medicine Act 1960 by a board established under that Act without obtaining the agreement of the Minister.

(3)Any pension scheme in force immediately before the commencement of this Act, being a scheme which was referred to in or established under section 12(4) of the Port of London (Consolidation) Act 1920 (provision of pensions, etc.), and any rules made in pursuance of such a scheme may be amended without the approval of the Secretary of State.

(4)So much of any provision contained in a document forming part of any scheme for the provision of pensions, gratuities or other like benefits to or in respect of persons employed by industrial training boards established under section 1 of the Industrial Training Act 1964 as prohibits any alteration being made in that document, or any other document forming part of such a scheme, without the approval of the Secretary of State shall cease to have effect.

(5)Any provision contained in a document forming part of a scheme for the provision of pensions, gratuities or other like benefits to or in respect of persons employed by the National Film Finance Corporation may, with the approval of the Secretary of State, be amended to such extent as appears to him to be necessary or expedient having regard to subsection (1) above, as it applies in relation to the Corporation, and to any repeal of the Cinematograph Film Production (Special Loans) Act 1949 made by this Act.

23Superannuation Acts to continue to apply to certain persons

(1)The repeal by this Act of any provisions of the Superannuation Acts 1965 and 1967 shall not affect the continued operation of those Acts so far as immediately before the repeal takes effect they apply in relation to any of the persons listed in Schedule 5 to this Act.

(2)The said repeal shall not affect any provision of the Governors' Pensions Act 1957 by virtue of which superannuation and additional allowances have been or may be granted under the Superannuation Acts 1965 and 1967 to a Governor within the meaning of the said Act of 1957 instead of, or in addition to, a pension under that Act, and the said Acts of 1965 and 1967 shall accordingly continue to have effect for the purposes of the Governors' Pensions Acts 1957 and 1967 and any rules made thereunder.

Miscellaneous and Supplemental

24Compensation for loss of office, etc.

(1)Subject to subsection (2) below, the Secretary of State may, with the consent of the Minister, by regulations provide for the payment by such person as may be prescribed by or determined under the regulations of pensions, allowances or gratuities by way of compensation to or in respect of the following persons, that is to say, persons—

(a)in relation to whom regulations may be made under section 7, section 9 or section 10 of this Act or section 1 of the Police Pensions Act 1948 or in relation to whom a Scheme may be made in accordance with section 26 of the Fire Services Act 1947 (Firemen's Pension Scheme); and

(b)who suffer loss of office or employment, or loss or diminution of emoluments, in such circumstances, or by reason of the happening of such an event, as may be prescribed by the regulations.

(2)Regulations under this section relating to persons in relation to whom regulations may be made under section 7 of this Act may be made without the consent of the Minister.

(3)Regulations under this section may—

(a)include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations;

(b)make different provision as respects different classes of persons and different circumstances and make or authorise the Secretary of State to make exceptions and conditions; and

(c)be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than the date of their making shall not place any individual who is qualified to participate in the benefits for which the regulations provide in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(4)Regulations under this section may include all or any of the provisions referred to in paragraphs 8, 9 and 13 of Schedule 3 to this Act.

(5)Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

25Pension increases

(1)For subsections (1) to (4) of section 2 of the Pensions (Increase) Act 1971 (which provides for the future review of official pensions and payment of increases) there shall be substituted the following subsections:—

(1)Subject to the provisions of this section, the Minister for the Civil Service, as soon as may be after 30th June in the year 1972, and every year thereafter, shall review the rates of official pensions against any rise there may have been in the cost of living during the review period, that is to say—

(a)the period of fifteen months ending with 30th June 1972 (" the first review period "); or

(b)the period of twelve months ending with 30th June in the year 1973 and every year thereafter ;

and if it is found that in the review period the cost of living has risen by two per cent. or more, then the Minister shall by order provide that the annual rate of an official pension may, if a qualifying condition is satisfied, be increased in accordance with the order in respect of any period beginning on or after 1st December next following the review period.

(2)Subject to subsection (3) below, the increases to be provided for by an order under this section shall be as follows:—

(a)for pensions beginning on or before the first day of the review period the increase shall be in the proportion (to the nearest one-tenth of one per cent.) in which the cost of living has risen during the review period; and

(b)for pensions beginning—

(i)in the half year following that day ; or

(ii)in the next succeeding half year ending, in the case of the first review period, with 1st April 1972 and, in the case of any other review period, with the day after the end of that period ; or

(iii)in the three months ending with 1st July 1972,

the increases shall be in the proportion (to the nearest one-tenth of one per cent.) in which the cost of living is found to have risen between the basis period for that half year or that period of three months, as the case may be, and the end of the review period, if the cost of living in the basis period is taken as the mean of the monthly figures.

(2A)For purposes of subsection (2)(b) above—

(a)the basis period for any half year is the six months ending with the first month of the half year or, if the cost of living is lower in the half year than in those six months, is the half year itself ;

(b)the basis period for the period of three months specified in sub-paragraph (iii) is the period of three months ending with 1st February 1972 or, if the cost of living is lower in the period so specified, is that period.

(3)Where the rise referred to in subsection (2)(b) above is less for any half year than two per cent., there shall only be an increase for pensions beginning in that half year if there is one for pensions beginning in a later half year, and the increase (if there is one) shall be two per cent.; but where this subsection prevents there being an increase for pensions beginning in any half year, then the order made in respect of the next review period shall for those pensions authorise, instead of an increase calculated in accordance with subsection (2)(a) above, such increase as would result if that prevented by this subsection had been made and were followed by one calculated in accordance with subsection (2)(a) by reference to the rate as so increased.

(4)Where on any review under this section it is not found that the cost of living has risen by two per cent. or more in the review period, the review in the next year shall be for the same review period extended by twelve months ; and if it is found that the cost of living has risen by two per cent. or more in the (extended) review period, the provisions of this section shall apply subject to the modification that for subsection (2)(b)(ii) and (iii) there shall be substituted the following:—

' (ii) in any of the succeeding half years up to that ending with the day after the end of the review period'.

(2)For subsection (3) of section 9 of the said Act of 1971 (which relates to gratuities and lump sums) there shall be substituted the following subsection:—

(3)In respect of any lump sum or instalment of a lump sum which becomes payable after the day following the last day of a review period but before 1st December next following the review period there may be paid by virtue of section 2 above the same increase as if it became payable on that date.

(3)After subsection (4) of the said section 9 there shall be inserted the following subsection:—

(4A)Subsection (4) above shall have effect in relation to the first review period as if the period of three months ending with 1st July 1972 were a half year ending with that date.

26Financial provisions

(1)There shall be paid out of moneys provided by Parliament—

(a)any expenses incurred by a Minister of the Crown in the payment in accordance with schemes made under section 1 of this Act or regulations made under section 9, 10 or 24 thereof of pensions, allowances, gratuities or other sums;

(b)expenses incurred by a Secretary of State in making any such payments as are referred to in section 9(4) of this Act;

(c)any administrative expenses incurred by a government department in consequence of this Act; and

(d)any increase attributable to the provisions of this Act in the sums payable under any other enactment out of moneys so provided.

(2)Subject to any scheme made under section 1 of this Act or to regulations made under section 9 or 10 of this Act, there shall be paid into the Consolidated Fund all sums received by a Minister of the Crown by virtue of this Act.

27Dissolution of Civil Service Committee for Northern Ireland

(1)The Civil Service Committee for Northern Ireland shall cease to exist and, accordingly, section 56 of the Government of Ireland Act 1920 (establishment of Committee) and paragraph 7(1) of Schedule 1 to the Irish Free State (Consequential Provisions Act) 1922 (Session 2) (amendment of constitution of Committee) shall cease to have effect.

(2)In the proviso to section 8(1) of the Northern Ireland Act 1947, and in the proviso to section 9(1) of that Act (determination by the said Committee of certain questions relating to the position of officers who became officers of the Government of Northern Ireland by virtue of the said section 8(1) or 9(1)), for the words "the Civil Service Committee for Northern Ireland " there shall be substituted the words

a referee appointed by the Lord Chief Justice of Northern Ireland.

28Certain enactments relating to superannuation of Forestry Commissioners and to declarations required from recipients of certain pensions to cease to have effect

(1)Paragraph 11 of Schedule 1 to the Forestry Act 1967 (which authorises the grant in certain circumstances of superannuation benefits to a person who retires from the office of Forestry Commissioner while under the age of 60 without renewal of public employment and who is not entitled to a pension by virtue of other provisions of that Schedule) shall cease to have effect.

(2)Section 6 of the Appropriation Act 1957 (which prohibits the receipt of any payment out of moneys provided by Parliament for half-pay or navy, army, air-force or civil non-effective services unless the prescribed declaration has been made by the recipient) shall cease to have effect.

29Amendments, savings, transitional provisions and repeals

(1)The enactments mentioned in Schedule 6 to this Act shall have effect subject to the minor and consequential amendments specified therein.

(2)The savings and transitional provisions contained in Schedule 7 to this Act shall have effect.

(3)The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

(4)Subject to section 23 of this Act, and Schedule 7 thereto, the enactments mentioned in Schedule 8 to this Act (which include certain enactments already spent or otherwise unnecessary) are hereby repealed to the extent specified in column 3 of that Schedule.

30Short title, construction of references, commencement and extent

(1)This Act may be cited as the Superannuation Act 1972.

(2)References in this Act to an enactment include an enactment in a local Act and a provisional order confirmed by Parliament, and any reference in this Act to any enactment or instrument shall be construed as a reference to that enactment or instrument as amended, and includes a reference thereto as extended or applied, by or under any other enactment or instrument, including any enactment contained in this Act.

(3)Section 21 of this Act and paragraphs 68 and 96 of Schedule 6 thereto shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(4)The other provisions of this Act shall come into force on such day as the Minister may by order made by statutory instrument appoint, and references in this Act to the commencement thereof shall be construed as references to the day appointed by an order under this subsection.

(5)This section, and the following provisions only of this Act, extend to Northern Ireland, that is to say,—

(a)sections 1 to 6 and Schedules 1 and 2;

(b)sections 13 and 17 ;

(c)section 21;

(d)section 22(1) and (2) and Schedule 4 so far as they relate to any body exercising functions in relation to Northern Ireland;

(e)section 23 and paragraph 2 of Schedule 5 ;

(f)section 26, so far as applicable, and sections 27 and 28(2);

(g)section 29 and Schedules 6 and 8, so far as they relate to any enactment which extends to Northern Ireland and paragraphs 1 to 3, 10, 11 and 13 to 15 of Schedule 7.

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