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Superannuation Act 1972

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1Kinds of Employment, etc., Referred to in Section 1

Museums and Galleries

British Museum. British Museum (Natural History). Imperial War Museum. London Museum. National Gallery. National Maritime Museum. National Portrait Gallery. Tate Gallery. Wallace Collection. National Galleries of Scotland. National Museum of Antiquities of Scotland.

Royal Commissions and other Commissions

Royal Fine Art Commission. Royal Fine Art Commission for Scotland. Historical Manuscripts Commission. Commission on Industrial Relations. Monopolies Commission. Standing Commission on Museums and Galleries. Royal Commission on Historical Monuments (England). Royal Commission on Ancient and Historical Monuments (Wales and Monmouthshire). Royal Commission on Ancient and Historical Monuments of Scotland.

Other Bodies

Gaming Board for Great Britain. National Economic Development Council. National Library of Scotland. Public Works Loan Board. Race Relations Board. Scottish Land Court.

Offices

Receiver for the Metropolitan Police District. Falkland Macer.

Schedule 2The Existing Civil Service Superannuation Provisions

Part I

Enactments

The Pensions Commutation Acts 1871 to 1882, in so far as they apply to persons to whom section 1 of this Act applies. Section 281 of the Government of India Act 1935. Section 26 of the Agriculture Act 1937. Section 18 of the Old Age and Widows' Pensions Act 1940. Part II of the Schedule to the Agriculture (Miscellaneous Provisions) Act 1944. Section 6 of the Food and Drugs (Milk and Dairies) Act 1944. Section 6(2)(d)(i), (ii) and (iii) of the Commonwealth Telegraphs Act 1949. Section 53 of the Superannuation Act 1949. So much of section 2(7) of the Supreme Court Officers (Pensions) Act 1954 as provides for such employments of such persons as are referred to therein to be treated as having been employment in the civil service of the State. The Superannuation Act 1965, except sections 38, 39, 39A, 42(1), 93, 95, 96, 97, 102, 104(2) and 106, Schedule 9, paragraphs 10 and 11 of Schedule 10 and Schedule 11. Section 1 of the Superannuation (Miscellaneous Provisions) Act 1967. Section 45 of the Post Office Act 1969.

Part II

Instruments

The following, in so far as they are in force immediately before the commencement of this Act:—

Any rules, regulations, orders, schemes or warrants made, or having effect as if made, under an enactment listed in Part I above, except any regulations made under section 6(2) of the Commonwealth Telegraphs Act 1949 in so far as they apply to persons who have ceased to be employed in the civil service of the State. Article 6 of the Government of Ireland (Miscellaneous Adaptations) (Northern Ireland) Order 1923. The National Insurance (Modification of the Superannuation Acts) Regulations 1948. The National Insurance (Modification of the Superannuation Acts) (Amendment) Regulations 1949. The National Insurance (Modification of the Superannuation Acts) Regulations 1960. The National Insurance (Modification of the Superannuation Acts) Regulations 1961. The Widows', Children's and Dependants' Pensions (India and Pakistan) Rules 1965, in so far as they apply to persons who at the commencement of this Act are serving in employment in the civil service of the State. The National Insurance (Modification of the Superannuation Acts) (Amendment) Regulations 1965. The National Insurance (Modification of the Superannuation Acts) (Amendment) Regulations 1971.

Schedule 3Provisions Which may be Included in Certain Regulations

1Provision as to the means by which the cost of providing the benefits for which the regulations provide is to be defrayed, including provision for the making of contributions or other payments by persons entitled to participate in such benefits and by the employers of those persons or such other persons as may be prescribed by the regulations.

2Provision for the establishment and administration of superannuation funds, the management and application of the assets of such funds, the amalgamation of all or any of such funds, and the winding up of, or other dealing with, any such fund.

3Provision for the payment and receipt of transfer values or in lieu thereof for the transfer or receipt of any fund or part of a fund or policy of insurance.

4Provision for reckoning in respect of a person to whom the regulations apply any service in employment or as the holder of an office (other than service in respect of which benefits are payable under the regulations) as service in respect of which such benefits are payable, either unconditionally or subject to such conditions as may be prescribed by the regulations and either as respects the whole of the service or as respects such fraction thereof as may be so prescribed. In this paragraph "employment" includes engagement in any service.

5Provision for the making by such persons as may be prescribed by the regulations of payments towards the provision (otherwise than under the regulations) of pensions, allowances or gratuities in such cases as may be determined in accordance with the regulations.

6Provision as to the circumstances in which contributions paid by any person in accordance with the regulations, or any part thereof, may be repaid with or without interest.

7Provision for securing that where—

(a)the regulations provide for the payment to or in respect of a person of a pension in consequence of his having become incapacitated, or having died, as a result of an injury sustained, or disease contracted, in circumstances prescribed by the regulations ; and

(b)any damages in respect of the injury, disease or death in consequence of which the pension is paid are recovered by or on behalf of the person to whom the pension is paid,

the amount of any payments made to that person in respect of the pension before the right to or amount of such damages is finally determined, or such part of those payments as may be determined in accordance with the regulations, may be recovered from that person in such circumstances and subject to such conditions as the regulations may provide. In this paragraph " pension " includes allowance and gratuity.

8Provision authorising the payment, without probate or other proof of tide, of any sum due under the regulations in respect of a person who has died to his personal representatives or such other persons as may be prescribed by the regulations.

9Provision rendering void any assignment of or charge on, or any agreement to assign or charge, any benefit under the regulations, and provision that on the bankruptcy of a person entitled to such a benefit no part thereof shall pass to any trustee or other person acting on behalf of the creditors except in accordance with an order made by a court in pursuance of any enactment specified in the regulations. In the application of this paragraph to Scotland for the references to assignment and to the bankruptcy of a person there shall be substituted respectively references to assignation and to the sequestration of the estate of a person.

10Provision for the determination of all questions arising under the regulations and for any decision which falls to be taken by a Minister of the Crown in accordance with the regulations to be final.

11Provision for conferring on such persons as may be prescribed by the regulations such functions as the Secretary of State considers necessary or expedient for purposes of the regulations.

12Provision repealing or amending 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 the Secretary of State that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, the regulations.

13Such incidental, supplementary, consequential and transitional provisions as appear to the Secretary of State to be necessary or expedient

Schedule 4Bodies to whom Section 22 relates

BodyEnactment under which determination made
British Airports AuthorityAirports Authority Act 1965, Schedule 1, paragraph 9(1).
British Film Fund AgencyCinematograph Films Act 1957, Schedule, paragraph 5(1)(b).
Channel Tunnel Planning CouncilTransport Act 1968, Schedule 15, paragraph 8(2)(b).
Commonwealth Development CorporationOverseas Resources Development Act 1959, Schedule 1, paragraph 6(b).
Council for Professions Supplementary to MedicineProfessions Supplementary to Medicine Act 1960, Schedule 1, paragraph 20(1).
Covent Garden Market AuthorityCovent Garden Market Act 1961, Schedule 1, paragraph 8(2)(b).
Independent Television AuthorityTelevision Act 1964, Schedule 1, paragraph 7(2).
Industrial Training BoardIndustrial Training Act 1964, Schedule, paragraph 10.
Meat and Livestock CommissionAgriculture Act 1967, Schedule 1, Part II, paragraph 8(2)(b).
National Film Finance CorporationCinematograph Film Production (Special Loans) Act 1949, Schedule, paragraph 6(b).
National Ports CouncilHarbours Act 1964, Schedule 1, paragraph 8(2)(b).
National Research Development CorporationDevelopment of Inventions Act 1967, Schedule, paragraph 6.
Post OfficePost Office Act 1969, section 43(1).
Sugar BoardSugar Act 1956, Schedule 2, paragraph 7(2)(b).
White Fish AuthoritySea Fish Industry Act 1970, Schedule 1, paragraph 15.

Schedule 5Persons Referred to in Section 23

1The President of the Transport Tribunal.

2A person holding the office of Judge Advocate General who duly elects, or has duly elected, that section 34(1) of the Courts-Martial (Appeals) Act 1951 shall apply to him.

3A registrar to whom section 4 of the County Courts Act 1924 applies.

4A person to whom the provisions of section 128(1) of the Supreme Court of Judicature (Consolidation) Act 1925, other than the proviso to that subsection, apply.

5Any such registrar as is referred to in section 21 of the County Courts Act 1934, or in relation to whom that section applies by virtue of section 25(2) of the Administration of Justice Act 1956, other than a registrar who for the purposes of superannuation is deemed by virtue of the said section 21 or the said section 25(2), as the case may be, to be employed in the civil service of the State.

6Any person in relation to whom, by virtue of rules made under section 39A of the Superannuation Act 1965, that Act applies with or without modification.

Schedule 6Consequential and Minor Amendments

Supreme Court of Judicature Act (Ireland) 1877

1In section 76 of the Supreme Court of Judicature Act (Ireland) 1877 for the words from " and whose " to the end substitute

shall for the purposes of superannuation be deemed to be employed in the civil service of the State.

Judicial Factors (Scotland) Act 1889

2In section 1 of the Judicial Factors (Scotland) Act 1889 for the words from " No " to the end substitute

The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply in relation to the accountant and the said clerks as it applies in relation to persons to whom section 1 of that Act applies.

Clerks of Session (Scotland) Regulation Act 1889

3For section 8 of the Clerks of Session (Scotland) Regulation Act 1889 substitute—

8The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply in relation to persons appointed to offices in the Court of Session as it applies in relation to persons to whom section 1 of that Act applies.

Development and Road Improvement Funds Act 1910

4For section 2(2) of the Development and Road Improvement Funds Act 1910 substitute—

(2)The Development Commissioners may, with the approval of the Minister for the Civil Service, make schemes providing for the payment out of the Development Fund of pensions, allowances or gratuities to or in respect of the persons employed by them, and schemes made under this section shall be so framed as to correspond, so far as is appropriate, with the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

(3)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 said Act of 1972, shall apply in relation to contributions made in accordance with schemes made under subsection (2) above as it applies in relation to contributions made in accordance with schemes made under section 1 of the said Act of 1972.

Constabulary (Ireland) Act 1922

5In section 1(5) of the Constabulary (Ireland) Act 1922 for " the permanent civil service of the Crown on " substitute

a public civil office in consequence of.

Supreme Court of Judicature (Consolidation) Act 1925

6In section 118(1) of the Supreme Court of Judicature (Consolidation) Act 1925 for " a permanent civil servant" substitute

employed in the civil service.

7In proviso (i) to section 128(1) of the said Act of 1925 for the words from " a civil " to " 1887 " substitute

employed in the civil service of the State

and for the words from " general" to the end substitute

provisions of the principal civil service pension scheme for the time being in force.

8In section 128A(1) of the said Act of 1925 omit

part-time or

and for " a permanent civil servant" substitute

employed in the civil service.

Sheriff Courts and Legal Officers (Scotland) Act 1927

9In section 1(3) of the Sheriff Courts and Legal Officers (Scotland) Act 1927 for " the Superannuation Acts 1834 to 1919 " substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

10In section 6 of the said Act of 1927 for the words from " to be " to the end substitute

for all purposes to be employed in the civil service of the State.

11In section 7(2) of the said Act of 1927 for " the Superannuation Acts 1834 to 1919 " substitute

superannuation.

Administration of Justice (Scotland) Act 1933

12In section 28 of the Administration of Justice (Scotland) Act 1933 for the words from " the conditions " to the end substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply in relation to persons appointed to any such office as it applies in relation to persons to whom section 1 of that Act applies.

Assessor of Public Undertakings (Scotland) Act 1934

13For section 2 of the Assessor of Public Undertakings (Scotland) Act 1934 substitute:—

2(1)There may be granted to or in respect of the Assessor of Public Undertakings (Scotland) (hereinafter referred to as the assessor) and to or in respect of the clerks or other officers whom he may be allowed to employ such pensions, allowances or gratuities as the Secretary of State may determine.

(2)The Secretary of State shall so far as may be exercise his powers under this section as if the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force applied to the assessor and the clerks and other officers aforesaid, and the relevant provisions of that scheme and also 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 said Act of 1972, shall with any necessary adaptations apply accordingly.

14In section 3 of the said Act of 1934 for " superannuation" (where first occurring) substitute

pensions.

County Courts Act 1934

15In section 21(1) of the County Courts Act 1934 for the words from " (b)" to the end substitute

of his desire to continue subject to the provisions of the principal civil service pension scheme for the time being in force he shall, for the purposes of superannuation, be deemed not to be a whole-time registrar but to be employed in the civil service of the State.

Land Registration Act 1936

16In section 7(a) of the Land Registration Act 1936 for the words from " under " to the end substitute

payable by virtue of schemes made under section 1 of the Superannuation Act 1972.

Superannuation (Various Services) Act 1938

17In the Schedule to the Superannuation (Various Services) Act 1938, in Part I, for the words from " The Merchant Shipping Act" to " 1898 " substitute

The Merchant Shipping (Mercantile Marine Fund) Act 1898, section 1A, as inserted by section 17 of the Superannuation Act 1972.

Scottish Land Court Act 1938

18In section 1(2) of the Scottish Land Court Act 1938 for " The Superannuation Acts 1834 to 1935 " substitute

The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force

and for " those Acts apply to persons in the permanent" substitute

that scheme applies to persons employed in the.

Local Government (Scotland) Act 1947

19In section 96 of the Local Government (Scotland) Act 1947 for " the Local Government Superannuation (Scotland) Act, 1937 or any other " substitute

any regulations made under section 7 of the Superannuation Act 1972 or any

and for "Act of 1937 or such other " substitute

regulations,.

20In section 260(2) of the said Act of 1947 for "the Local Government Superannuation (Scotland) Act 1937 " substitute

any regulations made under section 7 of the Superannuation Act 1972

and for " that Act " substitute

those regulations.

Church Commissioners Measure 1947

21For paragraph (b) of the proviso to section 17(1) of the Church Commissioners Measure 1947 substitute:—

(b)the superannuation benefits to be granted to or in respect of him on his retirement or death shall not be less than those which might have been awarded had the provisions of the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and then in force applied to him, and the Commissioners shall have the like power to permit the allocation of such benefits to the spouse or dependants of such an officer as they would have had by virtue of section 1 of the Superannuation (Various Services) Act 1938 had that section not been repealed.

22At the end of the said section 17 insert—

(3)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, with the necessary adaptations, apply in relation to contributions towards the cost of a pension payable by virtue of subsection (1) of this section to the widow (or, as the case may be, widower), children or dependants of a transferred officer, being an officer in relation to whom the scheme referred to in that subsection is applied, made by that officer to the Church Commissioners.

Police Pensions Act 1948

23In section 3(1) of the Police Pensions Act 1948 for the words from the beginning to the end of paragraph (a) of the proviso, substitute

Nothing in regulations made under section 1 of this Act shall.

Local Government Act 1948

24In section 108 of the Local Government Act 1948—

(a)in subsection (2)(b)(i) for the words from " the Superannuation " to " Act, 1937" substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 or of regulations made under section 7 of that Act in its application to Scotland;

(b)in subsection (2)(b)(ii) after " enactment" insert

or scheme

and for " Act of 1937 " substitute

regulations; and

(c)in subsection (3) for the words from " the Local Government Superannuation (Scotland)" to the end substitute

regulations made under section 7 of the Superannuation Act 1972 in its application to Scotland there were substituted a reference to regulations made under that section in its application to England and Wales.

Superannuation (Miscellaneous Provisions) Act 1948

25In section 2 of the Superannuation (Miscellaneous Provisions) Act 1948—

(a)in subsection (1), proviso (ii) after " (c) " insert

(cc);

(b)for subsection (2)(a) substitute—

(a)employment by virtue of which the person employed is a person to whom section 1 of the Superannuation Act 1972 applies;

(c)for subsection (2)(c) substitute—

(c)employment by virtue of which the person employed is or is deemed to be, or, but for any rules made under this section, would be or be deemed to be, a contributory employee or local Act contributor within the meaning of regulations made under section 7 of the said Act of 1972 in its application to England and Wales ;

(cc)employment by virtue of which the person employed is, or is deemed to be, or, but for any rules made under this section, would be or be deemed to be a contributory employee or local Act contributor within the meaning of regulations made under the said section 7 in its application to Scotland;

(d)for subsection (2)(e) substitute—

(e)employment by virtue of which the person employed is entitled to participate in superannuation benefits provided under regulations made under section 9 of the said Act of 1972 in its application to England and Wales ;

(e)for subsection (2)(ee) substitute—

(ee)employment by virtue of which the person employed is entitled to participate in superannuation benefits provided under regulations made under the said section 9 in its application to Scotland;

(f)in subsection (3)(iii) for " or" substitute

and in relation to the class specified in paragraph (cc) thereof;

(g)in subsection (4)(e) after " (c)" insert

paragraph (cc).

26In section 17(1) of the said Act of 1948—

(a)immediately before the definition of " pension" insert ' local Act scheme' has the same meaning as in section 8 of the Superannuation Act 1972

(b)in the definition of " pension fund ", for the words from " the Metropolitan" onwards substitute

in relation to schemes made under section 1 of the Superannuation Act 1972 and regulations made under section 9 thereof, the Consolidated Fund.

National Health Service (Amendment) Act 1949

27In section 18 of the National Health Service (Amendment) Act 1949, in subsection (1), for " subsection (1) of section sixty-seven of the Act of 1946 " substitute

section 10 of the Superannuation Act 1972

and in subsection (5) omit the words from

and forto the end.

Courts-Martial (Appeals) Act 1951

28In section 34(4) of the Courts-Martial (Appeals) Act 1951, for the words from " the Superannuation", where first occurring, to '" Crown" substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall have effect in his case as if service in that office were service in employment in the civil service of the State.

29For section 35 of the said Act of 1951 substitute—

35The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall have effect as if employment as such an officer as is mentioned in section 30(1) of this Act were employment in the civil service of the State.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

30In section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for paragraphs (i) and (ii) substitute—

(i)regulations made under section 7 or 10 of the Superannuation Act 1972; or

(ii)any local Act scheme ; or.

31In section 61(1) of the said Act of 1951 for paragraphs (b) and (c) substitute—

(b)any regulations made under section 7 or 10 of the Superannuation Act 1972 (which relate respectively to the superannuation of local government officers etc. and national health service officers) ;

(c)any local Act scheme ;.

32In section 64 of the said Act of 1951 for the definitions of " local authority " and " local Act scheme " substitute— ' local authority' has the same meaning as in paragraph 6(1) of Schedule 3 to the Pensions (Increase) Act 1971 and any reference in this Act to a local authority shall apply also to the bodies mentioned in paragraph 6(2) of that Schedule ;

' local Act scheme' means the superannuation scheme administered by a local authority maintaining a superannuation fund under a local Act;.

33In Schedule 2 to the said Act of 1951, in Part I, for paragraph 8 substitute—

" 8. Registration officer within the meaning of regulations made under section 7 of the Superannuation Act 1972.The local authority in whose employment he is or is deemed for the purposes of those regulations to be."

Supreme Court Officers (Pensions) Act 1954

34In section 4(1)(b) of the Supreme Court Officers (Pensions) Act 1954—

(a)for " the Superannuation Acts 1834 to 1950 " substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force; and

(b)omit the words from

and shallto the end.

Restrictive Trade Practices Act 1956

35In section 2(5) of the Restrictive Trade Practices Act 1956 for the words from " the Superannuation " to the end substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to officers and servants of the Court as it applies to other persons employed in the civil service of the State.

Governors' Pensions Act 1957

36In section 11 of the Governors' Pensions Act 1957 omit

in an established capacity

and for " the Superannuation Acts " substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

Overseas Service Act 1958

37For section 3(1) of the Overseas Service Act 1958 substitute—

(1)Service as an officer to whom this Act applies shall not be taken to be service in employment in the civil service of the State for the purposes of section 1 of the Superannuation Act 1972 (superannuation of civil servants, etc.).

Road Traffic Act 1960

38In section 126 of the Road Traffic Act 1960 for " The Superannuation Acts 1834 to 1950" substitute

The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

Covent Garden Market Act 1961

39In Schedule 1 to the Covent Garden Market Act 1961, in paragraph 8(2)(b), for " pensions " substitute

pensions, allowances or gratuities.

Trustee Investments Act 1961

40In section 11(4)(c) of the Trustee Investments Act 1961 for the words from " a combination scheme " to the end substitute

those authorities acting in combination in accordance with regulations made under section 7 of the Superannuation Act 1972.

Transport Act 1962

41In Schedule 10 to the Transport Act 1962, in paragraph 8, omit the words in sub-paragraph (1) from

(includingto " retirement) " and after the said sub-paragraph (1) insert—

(1A)There shall be paid to or in respect of the clerk, officers and servants of the tribunal such pensions, allowances or gratuities as the Secretary of State, with the approval of the Minister for the Civil Service, may determine, and those pensions, allowances or gratuities shall be the same as could be paid to or in respect of those persons if they were persons to whom section 1 of the Superannuation Act 1972 applies, and the principal civil service pension scheme within the meaning of section 2 of the said Act of 1972 and also 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 said Act of 1972, shall apply accordingly with any necessary adaptations.

Education (Scotland) Act 1962

42In section 145 of the Education (Scotland) Act 1962, in paragraph (48) for " the Teachers Superannuation (Scotland) Act 1968 " substitute

section 9 of the Superannuation Act 1972.

Water Resources Act 1963

43In section 97 of the Water Resources Act 1963—

(a)in subsection (2), for the words from " and section 35 " to the end substitute " and any question as to the existence or extent of any such customary obligations shall be determined by the Secretary of State whose decision shall be final:

Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings " ;

(b)in subsection (3), for the words from " and section 35 " to the end substitute

and any question arising under this subsection shall be determined as if it were such a question as is mentioned in subsection (2) of this section; and

(c)in subsection (8), for " (1) to (7) ", wherever occurring, substitute

(2) to (7).

Television Act 1964

44In paragraph 7(2) of Schedule 1 to the Television Act 1964 for " pensions" substitute

pensions, allowances or gratuities.

Harbours Act 1964

45In section 2(4)(b) of the Harbours Act 1964 and in Schedule 1 to that Act, in paragraph 8(2)(b), for " pensions ", wherever occurring, substitute

pensions, allowances or gratuities.

Police Act 1964

46In Schedule 4 to the Police Act 1964, in paragraph 5(6), for the words from " and section 35 " to the end substitute " and any question arising under this sub-paragraph shall be determined by the Secretary of State whose decision shall be final:

Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings."

Housing Act 1964

47In Schedule 1 to the Housing Act 1964, in paragraph 2(9), omit the words from the beginning to

Corporation ; but

and for " by virtue of this sub-paragraph " substitute

in accordance with regulations made under section 7 of the Superannuation Act 1972.

Public Libraries and Museums Act 1964

48In Schedule 1 to the Public Libraries and Museums Act 1964, in paragraph 3, for the words from " and section 35 " to the end substitute " and any question arising under this paragraph shall be determined by the Secretary of State whose decision shall be final :

Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings ".

Museum of London Act 1965

49In subsection (1) of section 10 of the Museum of London Act 1965, for paragraph (a) (ii) substitute—

(ii)are serving in the employment of the Trustees of the London Museum on such terms as would render them eligible to participate in the benefits for which the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 provides ; and.

50For subsections (6) and (7) of the said section 10 substitute—

(6)A scheme under subsection (3) above shall be of no effect unless it has been approved by the Secretary of State, who may approve any such scheme either with or without modifications. Before approving any such scheme, the Secretary of State shall consult with such organisations as are in his opinion representative of the interests concerned.

(7)A scheme under subsection (3) above approved by the Secretary of State in accordance with subsection (6) above—

(a)shall be laid before Parliament and be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as if it were a statutory instrument; and

(b)may be amended by a subsequent scheme. Any enactment affected by the scheme shall have effect subject to the provisions of the scheme.

Registration of Births, Deaths and Marriages (Scotland) Act 1965

51In section 7(7) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 for " section 7 of the Local Government Superannuation (Scotland) Act 1937 " substitute

regulations under section 7 of the Superannuation Act 1972.

National Insurance Act 1965

52In Schedule 5 to the National Insurance Act 1965 for paragraphs 3 to 6 substitute—

" 3. Section 7 of the Superannuation Act 1972.The Secretary of State for the Environment or, in Scotland, the Secretary of State for Scotland.
4. Section 10 of the Superannuation Act 1972.The Secretary of State for Social Services or, in Scotland, the Secretary of State for Scotland."

New Towns Act 1965

53In Schedule 9 to the New Towns Act 1965, in paragraph 2(4), omit the words from the beginning to

Commission ; but

and for " by virtue of this sub-paragraph " substitute

in accordance with regulations made under section 7 of the Superannuation Act 1972.

Redundancy Payments Act 1965

54In section 16(4)(a) of the Redundancy Payments Act 1965 for " section 7 of the Superannuation (Amendment) Act 1965 " substitute

section 38 of the Superannuation Act 1965. 55. In section 41 of the said Act of 1965—

(a)in subsection (2) after paragraph (a) insert—

(aa)in accordance with any provision of a scheme made under section 1 of the Superannuation Act 1972, or;

(b)in subsection (3)(b) after " with" insert

a scheme made under section 1 of the Superannuation Act 1972 or;

(c)in subsection (6)(a) for " section 7 of the Superannuation (Amendment) Act 1965" substitute " section 39 of the Superannuation Act 1965

Superannuation Act 1965

55In section 38 of the Superannuation Act 1965—

(a)in subsection (2)(a) for " this Act and any other " substitute any

(b)in subsection (2)(b) for the words from " this Act" to " any other " substitute

the civil service scheme, with or without modifications, in substitution for any,

and for " this Act", where last occurring, substitute

that scheme;

(c)in subsection (3) for " this Act", wherever occurring, substitute

the civil service scheme, and

(d)after subsection (5) insert—

(5A)References in this section to enactments shall be construed as including references to the civil service scheme, and in this section ' the civil service scheme' means the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

57In section 42(1) of the said Act of 1965 for " this Act specified in subsection (3) of this section" substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

58In section 95 of the said Act of 1965—

(a)in subsection (1) for the words from " regulations" to " warrant" substitute

or orders;

(b)in subsection (2) for the words from " regulations or " to " said section 93 " substitute

an order made under this Act.

National Health Service Act 1966

59In section 9(4) of the National Health Service Act 1966, for the words " a direction under subsection (1) of this section applies)" substitute

regulations under section 10 of the Superannuation Act 1972 apply).

Forestry Act 1967

60In Schedule 1 to the Forestry Act 1967, in paragraph 9—

(a)in sub-paragraph (1) for the words from "officers" to "to time " substitute

classes of officers employed by the Commissioners as may be;

(b)in sub-paragraph (2) for the words from " civil service superannuation " to " relief) " substitute

principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme and also 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 said Act of 1972; and

(c)in sub-paragraph (4) omit the words from

' the civilto " service ; and ".

61In the said Schedule 1, for paragraph 10(3), substitute—

(3)A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme.

62In the said Schedule 1, at the end of paragraph 12 insert— This paragraph 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.

Parliamentary Commissioner Act 1967

63In Schedule 1 to the Parliamentary Commissioner Act 1967, in paragraph 1, for the words from " schemes " to " State " substitute

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 the Superannuation Act 1972 to the civil service of the State.

64In the said Schedule 1, in paragraph 3,—

(a)for " the Superannuation Act 1965 " substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force; and

(b)for " an established capacity " substitute

employment.

Superannuation (Miscellaneous Provisions) Act 1967

65In section 4(6) of the Superannuation (Miscellaneous Provisions) Act 1967 omit

in an established capacity

and for " the Superannuation Act 1965 " substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

66In section 7 of the said Act of 1967—

(a)in subsection (1), for " section 67(1) of the National Health Service Act 1946" substitute

section 10 of the Superannuation Act 1972,

for " said Act of 1946 ", where first occurring, substitute

National Health Service Act 1946

and for " the Superannuation Act 1965 " substitute

any scheme under section 1 of the said Act of 1972; and

(b)in subsections (2) and (4), for "section 67(1)" substitute

section 10.

67In section 18(4) of the said Act of 1967 for "Sections 6 to 8 " substitute

Section 7

and for " so far as they apply", in both places, substitute

so far as it applies.

Air Corporations Act 1967

68In Schedule 1 to the Air Corporations Act 1967, in paragraph 8(1), for " section 24(6) of this Act" substitute

section 56(6) of the Civil Aviation Act 1971.

Road Traffic Regulation Act 1967

69For section 81(9) of the Road Traffic Regulation Act 1967 substitute—

(9)Neither regulations under section 7 of the Superannuation Act 1972 nor any local Act scheme within the meaning of section 8 of that Act shall apply to traffic wardens by virtue of the foregoing provisions of this section ; but in relation to such traffic wardens employed outside the metropolitan police district as the police authority may determine those regulations (or, if the expenses of the police authority are paid by a local Act authority, the local Act scheme) shall apply, subject to such adaptations, modifications and exceptions as the Secretary of State may by regulations prescribe.

Courts-Martial (Appeals) Act 1968

70In section 7(2) of the Courts-Martial (Appeals) Act 1968 for the words from " the Superannuation " to the end substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to officers and servants of the Court as it applies to other persons employed in the civil service of the State.

Rent Act 1968

71In section 40(3) of the Rent Act 1968 omit

the Local Government Superannuation Act 1937 and

and for "that Act" substitute

section 8 of the Superannuation Act 1972.

Vehicle and Driving Licences Act 1969

72In section 2(4) of the Vehicle and Driving Licences Act 1969 for the words from " an employment " to " authority aforesaid" substitute

employment either with that authority or with another authority, that employment and his first mentioned employment.

Post Office Act 1969

73At the end of section 44 of the Post Office Act 1969 insert—

(3)References in this section to the Superannuation Act 1965 shall be construed as including references to the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

74At the end of section 46 of the said Act of 1969 insert— References in this section to the Superannuation Act 1965 shall be construed as including references to the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

Trustee Savings Banks Act 1969

75In section 76(1) of the Trustee Savings Banks Act 1969 for the words from " tables " to " benefits) " substitute

tables prepared from time to time by the Government Actuary.

76In section 82 of the said Act of 1969—

(a)in subsection (2) for the words from " the Superannuation " to the end substitute

the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force;

(b)in subsection (3) omit the words from the beginning to

(2) above

and for the words from " corresponding", where secondly occurring, to "conferred)" substitute

for the payment of pensions to widows or widowers, children and dependants and for the payment of contributions towards defraying the cost of such pensions; and

(c)subsection (5) shall be omitted.

Taxes Management Act 1970

77In section 3(3) of the Taxes Management Act 1970 after " pension ", in both places where it occurs, insert

allowance.

Income and Corporation Taxes Act 1970

78In section 210 of the Income and Corporation Taxes Act 1970 for paragraphs (a) and (b) substitute—

(a)any contributions made by him in accordance with a scheme under section 1 of the Superannuation Act 1972, being contributions towards defraying the cost of a pension payable under the scheme to that person's widow (or, as the case may be, widower) children or dependants, or

(b)any contributions made by him under Part II or III of the Superannuation Act (Northern Ireland) 1967 or by virtue of any enactment of the Parliament of Northern Ireland corresponding to section 1 of the said Act of 1972, or.

Sea Fish Industry Act 1970

79In Schedule 1 to the Sea Fish Industry Act 1970, in paragraph 15, for " pensions " substitute

pensions, allowances or gratuities.

Courts Act 1971

80At the end of section 27 of the Courts Act 1971 insert—

(2)The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to such officers and staff as it applies to other persons employed in the civil service of the State.

81In Schedule 10 to the said Act of 1971, in paragraph 16—

(a)in sub-paragraph (1) omit the words from

and, ifto the end ; and

(b)in sub-paragraph (2) for "issue of the certificate" substitute

giving of the direction under sub-paragraph (1) above.

Rent (Scotland) Act 1971

82In section 37(4) of the Rent (Scotland) Act 1971 for "the Local Government Superannuation (Scotland) Act 1937" substitute

regulations under section 7 of the Superannuation Act 1972

and for " that Act" substitute

section 8 of that Act.

National Savings Bank Act 1971

83In section 24(1)(a) of the National Savings Bank Act 1971 for " Superannuation Acts " substitute

principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

Pensions (Increase) Act 1971

84In section 4(4) of the Pensions (Increase) Act 1971 for " 21 " substitute

20A

and for " and 23 " substitute

to 23A.

85In section 5(1) of the said Act of 1971 after "9(7)" insert

or 7(A).

86In section 8(1) of the said Act of 1971 at the end insert " and

(c)without prejudice to the generality of paragraph (b) above,

any compensation payable in pursuance of the provisions of a scheme under section 1 of the Superannuation Act 1972 made by virtue of section 2(2) of that Act or of regulations made under section 24 thereof ".

87In section 9 of the said Act of 1971 after subsection (7) insert—

(7A)Section 5(1) above shall not require a local authority to increase any gratuity granted by way of periodical payments or by way of an annuity in accordance with regulations made under section 7 of the Superannuation Act 1972 ; and the provisions of this section relating to lump sums shall not apply to any such gratuity.

88In section 13 of the said Act of 1971 for the words "the Superannuation Act 1965 ", in both places where they occur, substitute

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

89In Schedule 2 to the said Act of 1971—

(a)in paragraph 4, at the end insert

or under a scheme made under section 1 of the Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act;

(b)after paragraph 15 insert—

15AA pension payable by a Secretary of State under regulations made under section 24 of the 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;

(c)after paragraph 16 insert—

16AA 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 Superannuation Act 1972;

(d)in paragraph 20, for " section 1 or section 7 of the Teachers Superannuation Act 1967" substitute

section 9 of the Superannuation Act 1972;

(e)after paragraph 20 insert—

20AA pension payable to or in respect of a teacher under regulations made under section 24 of the Superannuation Act 1972 (compensation for loss of employment, etc.);

(f)omit paragraph 21 ;

(g)in paragraph 22(b) omit

67 orand " 66 or " ;

(h)after sub-paragraph (b) of paragraph 22 insert—

(c)regulations made under section 10 of the Superannuation Act 1972;

(i)after paragraph 23 insert—

23AA 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.);

(j)in paragraph 25 for " Superannuation Acts 1965 and 1967 " substitute

principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972;

(k)in paragraph 52, at end insert— or under regulations made under section 24 of the 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

(l)in paragraph 53 after " Act 1953 " insert

or section 7 of the Superannuation Act 1972;

(m)in paragraph 55, at end insert— or under regulations made under section 24 of the Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.)

(n)in paragraph 60, for the words from " section 40 " to the end substitute

regulations made under section 7 of the Superannuation Act 1972.

(o)in paragraph 64 after " 8(1)(b) " insert

or (c).

90In Schedule 3 to the said Act of 1971—

(a)in paragraph 3 for " Superannuation Acts 1965 and 1967 " substitute

principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972;

(b)in paragraph 6(2)(b) after " (Scotland) Act 1937 " insert

or in accordance with regulations made under section 7 of the Superannuation Act 1972; and

(c)in paragraph 6(2)(c) after " (Scotland) Act 1937 " insert

or for the purposes of regulations made under section 7 of the Superannuation Act 1972.

Tribunals and Inquiries Act 1971

91In Schedule 1 to the Tribunals and Inquiries Act 1971—

(a)in paragraph 23(c) for the words from " appeals " onwards substitute

such appeals as by virtue of the regulations lie to tribunals so appointed; and

(b)in paragraph 43, after sub-paragraph (b) insert—

(c)Tribunals appointed under regulations under section 1 of the Police Pensions Act 1948 (c. 24) to hear appeals relating to constables of a police force within the meaning of the Police (Scotland) Act 1967 (c. 77) and to the categories of officer mentioned in regulation 74(10) of the Police Pensions Regulations 1971, or in the corresponding regulation of any regulations amending or having effect in place of those regulations.

Industrial Relations Act 1971

92In section 150(4) of the Industrial Relations Act 1971 for " the Superannuation Act 1965 " substitute

a scheme made under section 1 of the Superannuation Act 1972.

93In Schedule 3 to the said Act of 1971, at the end of paragraph 30 insert— The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to such officers and servants as it applies to other persons employed in the civil service of the State.

Civil Aviation Act 1971

94In paragraph 1 of Schedule 9 to the Civil Aviation Act 1971—

(a)in sub-paragraph (2) after " that Act" insert

or in accordance with a scheme made under section 1 of the Superannuation Act 1972; and

(b)in sub-paragraph (5) omit the words from

in an establishedto " 1965 ".

95In paragraph 3 of the said Schedule 9—

(a)in sub-paragraph (2) after " that Act" insert

or in accordance with a scheme made under section 1 of the Superannuation Act 1972; and

(b)in sub-paragraph (7) omit the words from

in an establishedto " 1965 ".

96In Schedule 10 to the said Act of 1971, in paragraph 24(2) for " section 24(6) of this Act " substitute

section 56(6) of the Civil Aviation Act 1971.

Schedule 7Savings and Transitional Provisions

Provisions relating to civil servants, etc.

1(1)The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted before the commencement of this Act under the Superannuation Acts 1965 and 1967 or any pension, allowance or gratuity deemed by paragraph 1 of Schedule 10 to the Superannuation Act 1965 to have been granted under that Act, and subject to sub-paragraph (2) below, the pension, allowance or gratuity shall be deemed to have been granted under the principal civil service pension scheme within the meaning of section 2 of this Act.

(2)Without prejudice to section 23 of this Act, sub-paragraph (1) above shall not apply in relation to a pension, allowance or gratuity granted under the said Acts of 1965 and 1967—

(a)to a person who, immediately before the pension, allowance or gratuity was granted to him, was a person listed in Schedule 5 to this Act; or

(b)by virtue of any provision of the Governors' Pensions Act 1957, to a Governor within the meaning of that Act.

(3)Any person who before the commencement of this Act duly elected under section 4(6) of the Superannuation (Miscellaneous Provisions) Act 1967 that the said Act of 1965 should apply to him as if his service as a Governor had been passed in the home civil service shall be deemed to have elected that the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force should so apply to him.

2(1)Any determination, decision, surrender, election or nomination made, certificate, direction, notice or approval given, contribution paid or other thing done under any provision of the Superannuation Acts 1965 and 1967 which is repealed by this Act shall not be affected by the repeal but shall have effect as if made, given or done under the corresponding provision of the principal civil service pension scheme within the meaning of section 2 of this Act.

(2)Section 3 of this Act shall apply in relation to payments made before the commencement of this Act in accordance with a warrant under section 18 of the Superannuation Act 1965 or a warrant issued by virtue of section 6 of the Ministerial Salaries Consolidation Act 1965 as it applies in relation to payments made in accordance with a scheme made under the said section 1.

(3)Section 4(1) of this Act shall apply in relation to any person to whom a payment was made under section 93 of the Superannuation Act 1965 as it applies in relation to any person to whom a payment is made under the said section 4(1).

3Any reference in any Act or document to the Superannuation Act 1965, to the Superannuation Acts 1965 and 1967 or to any provision of the said Act of 1965, shall, except in so far as the context otherwise requires, be construed as, or as including, a reference to the principal civil service pension scheme within the meaning of section 2 of this Act or to the corresponding provision of that scheme, as the case may be.

Provisions relating to persons employed in local government service, etc.

4The repeal of any enactment by this Act shall not affect any superannuation benefit—

(a)granted under or by virtue of the Local Government Superannuation Acts 1937 to 1953 before the coming into operation of section 7 of this Act in England and Wales ; or

(b)granted under or by virtue of the Local Government Superannuation (Scotland) Acts 1937 to 1953 before the coming into operation of the said section 7 in Scotland ; or

(c)granted under any provision of the Local Government Superannuation Act 1937, or of the Local Government Superannuation (Scotland) Act 1937, which was repealed by the Local Government Superannuation Act 1953.

5(1)Notwithstanding any repeal made by this Act—

(a)the provisions of the enactments listed in the Table below,

as amended, extended or applied by or under any other enactment, and

(b)the provisions of any instrument (including a scheme) made under an enactment so listed, being provisions in force immediately before the commencement of this Act,

shall, as from the said commencement, have effect, with the necessary adaptations and modifications, as provisions of regulations under section 7 or, in so far as they apply in relation to local Act schemes, section 8(2) of this Act, and may be revoked or amended accordingly.

(2)Any reference in any enactment or document to any such enactment or instrument as is referred to in sub-paragraph (1) above or any provision thereof (including such a reference in any such enactment or instrument) shall, except in so far as the context otherwise requires, be construed as a reference to so much of regulations made under the said section 7 or, as the case may be, section 8(2) as by virtue of sub-paragraph (1) above consists of that enactment, instrument or provision. Table Enactments applying to England and Wales 1. The Local Government Superannuation Act 1937, except sections 17(2), 26(4), 32 and 34, the proviso to section 35, sections 37, 39 and 41 and Part II of Schedule 1. 2. Sections 3 to 9 of the Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2). 3. Sections 6 and 7 of the Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of " contributory employee ", " local Act scheme ", " local Act contributor " and " local authority ". 4. Section 72 of the Representation of the People Act 1948. 5. Paragraph 8(6) of Schedule 2 to the Justices of the Peace Act 1949. 6. The Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28. 7. Section 77(3) of the London Government Act 1963. 8. Section 97(1) of the Water Resources Act 1963. 9. Paragraph 5(5) of Schedule 4 to the Police Act 1964. 10. Paragraph 2 of Schedule 1 to the Public Libraries and Museums Act 1964. 11. Paragraphs 13 and 14 of Schedule 10 to the Courts Act 1971. Enactments applying to Scotland 1. The Local Government Superannuation (Scotland) Act 1937, except sections 22(3), 28, 29, the proviso to section 30, sections 32 and 33, and Part II of Schedule 1. 2. Sections 3 to 9 of the Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2). 3. Section 3 of the Association of County Councils (Scotland) Act 1946. 4. Sections 6 and 7 of the Superannuation (Miscellaneous Pro visions) Act 1948 and the definitions in section 17(1) of that Act of " contributory employee ", " local Act scheme ", " local Act contributor " and " local authority ". 5. Section 14(2) and (3) of the Rivers (Prevention of Pollution) (Scotland) Act 1951. 6. The Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

Provisions relating to teachers

6(1)Regulations made under any provision of the Teachers Superannuation Act 1967 and in force immediately before the coming into operation of section 9 of this Act in England and Wales shall be deemed to be regulations made under the said section 9 in its application to England and Wales.

(2)Any contribution paid, direction given, or other thing done, under section 3, 4 or 5 of the said Act of 1967 or Schedule 1 thereto shall not be affected by the repeal of those enactments but shall have effect as if paid, given or done under the corresponding provision of regulations made under the said section 9 in its application to England and Wales.

(3)Nothing in any regulations made under the said section 9 in its application to England and Wales shall affect the operation of any enactment repealed by the said Act of 1967 in relation to—

(a)any annual allowance which began to accrue before 1st April 1967 under the Teachers (Superannuation) Acts 1918 to 1956;

(b)any additional allowance or gratuity which became payable under those Acts before that date ; or

(c)any liability to pay contributions in respect of the person to or in respect of whom any such allowance or gratuity was granted;

and nothing in any such regulations shall affect the operation of section 2(2) of the Teachers Superannuation Act 1965 (which, in relation to certain allowances, etc. preserved the effect of certain enactments and other provisions amended, repealed or revoked by that Act).

7(1)Regulations made under any provision of the Teachers Superannuation (Scotland) Act 1968 and in force immediately before the coming into operation of section 9 of this Act in Scotland shall be deemed to be regulations made under the said section 9 in its application to Scotland.

(2)Any pension, allowance, gratuity or contribution payable, direction given or other thing done in respect of employment as a teacher in Scotland before the coming into operation of the said section 9 in Scotland shall thereafter be deemed to be payable or to be given or done under regulations made under that section in its application to Scotland.

Provisions relating to persons engaged in health services, etc.

8(1)Regulations made under section 67 of the National Health Service Act 1946 and in force immediately before the coming into operation of section 10 of this Act in England and Wales shall be deemed to be regulations made under the said section 10 in its application to England and Wales; and any direction given under section 9(1) of the National Health Service Act 1966 shall continue to have effect in relation to those regulations, notwithstanding the repeal by this Act of the said section 9(1).

(2)Sub-paragraph (1) above shall have effect in Scotland with the substitution for the reference to section 67 of the National Health Service Act 1946 of a reference to section 66 of the National Health Service (Scotland) Act 1947 and for the reference to England and Wales of a reference to Scotland.

9Regulations made under section 35 of the Health Services and Public Health Act 1968 and in force immediately before the commencement of this Act shall be deemed to be regulations made under section 24 of this Act.

Provisions relating to other persons

10(1)The repeal of sections 2 and 3 of the Exchequer and Audit Departments Act 1950 by this Act shall not affect any pension granted under the said section 2, or any pension, allowance or gratuity granted by virtue of the said section 3, before the commencement of this Act, and accordingly any such pension, allowance or gratuity shall continue to be charged on and issued out of the Consolidated Fund.

(2)Any election duly made under the said section 2 shall be deemed to have been so made under section 13 of this Act.

11The repeal by this Act of section 665 of the Merchant Shipping Act 1894 shall not affect any allowance or compensation granted under that section before the commencement of this Act, and any allowance or compensation so granted shall be deemed to have been granted in accordance with arrangements made under section 1A of the Merchant Shipping (Mercantile Marine Fund) Act 1898, as inserted by section 17 of this Act.

12The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted under section 79(8) of the Land Drainage Act 1930, section 80(7) thereof or section 53 of the Thames Conservancy Act 1950 before the commencement of this Act, and any such pension, allowance or gratuity shall continue to be paid as if this Act had not been passed.

13Notwithstanding the repeal by this Act of sub-paragraphs (i), (ii) and (iii) of section 6(2)(d) of the Commonwealth Telegraphs Act 1949, regulations made by virtue of those sub-paragraphs shall continue to have effect in so far as immediately before the commencement of this Act they apply to any persons, other than persons employed in the civil service of the State, and may be varied or revoked as if the said sub-paragraphs had not been repealed.

Provisions relating to certain rules

14Nothing in this Act shall affect the operation of any rule& made under any of the following enactments, namely, section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 and sections 38, 39A and 42(1) of the Superannuation Act 1965, and any such rules in force at the commencement of this Act, shall, unless and until revoked, but subject to any amendments made therein in exercise of the power to vary them, continue to have effect as if this Act had not been passed.

15Notwithstanding the repeal by this Act of section 1 of the Superannuation (Miscellaneous Provisions) Act 1948, rules made under that section in relation to such a person as is referred to in subsection (1)(b) of that section and in force immediately before the commencement of this Act shall continue in force subject to the like power of variation or revocation as if the said section 1 had not been repealed.

Schedule 8Repeals

ChapterShort TitleExtent of Repeal
34 & 35 Vict. c. 36.The Pensions Commutation Act 1871.The whole Act, in so far as it applies to persons to whom section 1 of this Act applies.
42 & 43 Vict. c. 44.The Lord Clerk Register (Scotland) Act 1879.Section 9.
57 & 58 Vict. c. 60.The Merchant Shipping Act 1894.Section 665.
10 & 11 Geo. 5. c. 67.The Government of Ireland Act 1920.Section 56.
13 Geo. 5. Sess. 2. c. 2.The Irish Free State (Consequential Provisions) Act 1922 (Session 2).In Schedule 1, paragraph 7(1).
15 & 16 Geo. 5. c. 49.The Supreme Court of Judicature (Consolidation) Act 1925.In section 128A(1), the words " part-time or ".
15 & 16 Geo. 5. c. 73.The National Library of Scotland Act 1925.Section 14.
17 & 18 Geo. 5. c. 35.The Sheriff Courts and Legal Officers (Scotland) Act 1927.Section 7(4).
20 & 21 Geo. 5. c. 44.The Land Drainage Act 1930.Section 79(8). Section 80(7).
23 & 24 Geo. 5. c. 41.The Administration of Justice (Scotland) Act 1933.Section 29.
25 & 26 Geo. 5. c. 21.The Northern Ireland Land Purchase (Winding Up) Act 1935.In section 6(3), the words " whose whole time is devoted to the duties of his office,".
25 & 26 Geo. 5. c. 42.The Government of India Act 1935.Sections 281 and 282.
25 Geo. 5. & 1 Edw. 8. c. lxviii.The Lee Conservancy Catchment Board Act 1936.Sections 7 and 8.
1 Edw. 8. & 1 Geo. 6. c. 68.The Local Government Superannuation Act 1937.The whole Act, so far as unrepealed.
1 Edw. 8. & 1 Geo. 6. c. 69.The Local Government Superannuation (Scotland) Act 1937.The whole Act, so far as unrepealed.
1 Edw. 8. & 1 Geo. 6. c. 70.The Agriculture Act 1937.Section 26.
1 & 2 Geo. 6. c. 13.The Superannuation (Various Services) Act 1938.

Section 1.

In the Schedule. Part II.

2 & 3 Geo. 6. c. 18.The Local Government Superannuation Act 1939.The whole Act, except section 3.
2 & 3 Geo. 6. c. 94.The Local Government Staffs (War Service) Act 1939.

Sections 3 to 9.

In section 15, in subsection (4) the words " except in paragraph (c) of subsection (1) of section nine ", subsections (6) and (7) and in subsection (10) the words from " Subsection (4) " to "Act, and ".

3 & 4 Geo. 6. c. 13.The Old Age and Widows' Pensions Act 1940.The whole Act, so far as unrepealed.
6 & 7 Geo. 6. c. 32.The Hydro-Electric Development (Scotland) Act 1943.In Schedule 1, paragraph 15.
7 & 8 Geo. 6. c. 28.The Agriculture (Miscellaneous Provisions) Act 1944.

In section 1(4), the words from " and Part II" to the end.

In the Schedule, Part II.

7 & 8 Geo. 6. c. 29.The Food and Drugs (Milk and Dairies) Act 1944.Section 6.
9 & 10 Geo. 6. c. 77.The Association of County Councils (Scotland) Act 1946.Section 3.
9 & 10 Geo. 6. c. 81.The National Health Service Act 1946.

Section 67.

In section 75(1) and (2), the words " section sixty-seven or".

10&11 Geo. 6. c. 27.The National Health Service (Scotland) Act 1947.

Section 66.

In section 73(1)(a) and (2), the words " section sixty-six or".

10 & 11 Geo. 6. c. 41.The Fire Services Act 1947.Section 8(7) and (8). Section 26(3). Section 36(12).
11 & 12 Geo. 6. c. 24.The Police Pensions Act 1948.In section 4(1), the words " granted under regulations made under this Act is granted, and every pension ".
11 & 12 Geo. 6. c. 33.The Superannuation (Miscellaneous Provisions) Act 1948.

Section 1, except so much of subsection (5) as provides for the amendment of the Education (Scotland) (War Service Superannuation) Act 1939.

Sections 6 and 7.

In section 17(1), the words from " ' civil servant' " to " police magistrates " and the definition of " War Agricultural Executive Committee ".

In the Schedule, Part I.

11 & 12 Geo. 6. c. 65.The Representation of the People Act 1948.Section 72.
12 & 13 Geo. 6. c. 20.The Cinematograph Film Production (Special Loans) Act 1949.In the Schedule, in paragraph 6, the words " with the approval of the Board of Trade ".
12 & 13 Geo. 6. c. 39.The Commonwealth Telegraphs Act 1949.In section 6(2)(d), sub-paragraphs (i), (ii) and (iii).
12 & 13 Geo. 6. c.44.The Superannuation Act 1949.The whole Act, so far as unrepealed.
12 & 13 Geo. 6. c. 68.The Representation of the People Act 1949.In Schedule 8, so much of the Table in paragraph 5(1) as relates to section 72 of the Representation of the People Act 1948.
12, 13 & 14 Geo.6.c. 93.The National Health Service (Amendment) Act 1949.In section 18(5), the words, from " and for" to the end.
12, 13 & 14 Geo. 6. c. 101.The Justices of the Peace Act 1949.In Schedule 2, paragraph 8(5) and (6).
14 Geo. 6. c. 34.The Housing (Scotland) Act 1950.Section 179.
14 & 15 Geo. 6. c. 3.The Exchequer and Audit Departments Act 1950.Sections 2 to 4.
14 & 15 Geo. 6. c. 11.The Administration of Justice (Pensions) Act 1950.Section 23.
14 Geo. 6. c. xlix.The Lee Conservancy Catchment Board Act 1950.Section 19.
14 Geo. 6. c.l.The Thames Conservancy Act 1950.Section 53.
14 & 15 Geo. 6. c. 65.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.

Section 41.

In section 44, in subsection (1) the words from the beginning to " this Act ", where first occurring, and subsection (2).

14 & 15 Geo. 6. c. 66.The Rivers (Prevention of Pollution) (Scotland) Act 1951.Section 14.
1 & 2 Eliz. 2. c. 25.The Local Government Superannuation Act 1953.The whole Act, except section 25.
2 & 3 Eliz. 2. c. 38.The Supreme Court Officers (Pensions) Act 1954.

In section 2, in subsection (7), the words from " and for " to the end and subsection (8).

In section 4, in subsection (1)(b), the words from " and shall " to " such employment " and subsections (3) and (4).

In section 5, in subsection (1), the words "the Superannuation Acts 1834 to 1950 or" and subsection (2).

3 & 4 Eliz. 2. c. 22.The Pensions (India, Pakistan and Burma) Act 1955.In Schedule 2, in Part III, paragraphs 3 and 4.
4 & 5 Eliz. 2. c. 11.The Sudan (Special Payments) Act 1955.The whole Act, so far as unrepealed.
4 & 5 Eliz. 2. c. 48.The Sugar Act 1956.In Schedule 2, in paragraph 7(2)(b), the words "with the approval of the Minister ".
4 & 5 Eliz. 2. c. 68.The Restrictive Trade Practices Act 1956.Section 35(1)(d).
5 & 6 Eliz. 2. c. 21.The Cinematograph Films Act 1957.In the Schedule, in paragraph 5(1)(b), the words " with the approval of the Board of Trade ".
5 & 6 Eliz. 2. c. 63.The Appropriation Act 1957.Sections 6 and 7.
6 & 7 Eliz. 2. c. 14.The Overseas Service Act 1958.In section 3(7), the words from " and so " onwards.
7 & 8 Eliz. 2. c. 23.The Overseas Resources Development Act 1959.In Schedule 1, in paragraph 6(b), the words " with the approval of the Secretary of State ".
7 & 8 Eliz. 2. c. 72.The Mental Health Act 1959.In Schedule 7, in Part I, the entry relating to the Local Government Superannuation Act 1953.
7 & 8 Eliz. 2. c. xxvi.The Thames Conservancy Act 1959.Section 33.
8 & 9 Eliz. 2. c. 58.The Charities Act 1960.In section 44(1)(a), the words from " and any" to " 1950 ".
8 & 9 Eliz. 2. c. 61.The Mental Health (Scotland) Act 1960.In Schedule 4, the entry relating to the Local Government Superannuation Act 1953.
8 & 9 Eliz. 2. c. 66.The Professions Supplementary to Medicine Act 1960.In Schedule 1, paragraph 20(3).
9 & 10 Eliz. 2. c. 49.The Covent Garden Market Act 1961.In Schedule 1, in paragraph 8(2)(b), the words " with the approval of the Minister ".
10 & 11 Eliz. 2. c. 30.The Northern Ireland Act 1962.In section 8(5), paragraph (c) and the word " and " immediately preceding it.
10&11Eliz.2. c. 46.The Transport Act 1962.In Schedule 10, in paragraph 8(1) the words from " (including " to " retirement)".
1963 c. 33.The London Government Act 1963.Section 77.
1963 c. 38.The Water Resources Act 1963.Section 96(1) and (2). Section 97(1) and (5). In Schedule 13, paragraph 1.
1964 c. 16.The Industrial Training Act 1964.In the Schedule, in paragraph 10, the words from " and, in " to the end.
1964 c. 21.The Television Act 1964.In Schedule 1, in paragraph 7(2), the words " with the approval of the Postmaster General".
1964 c. 40.The Harbours Act 1964.In Schedule 1, in paragraph 8(2)(b), the words "with the approval of the Minister ".
1964 c. 42.The Administration of Justice Act 1964.In Schedule 3, paragraph 16.
1964 c. 48.The Police Act 1964.

Section 10(2).

In Schedule 4, paragraph 5(4) and (5).

1964 c. 56.The Housing Act 1964.

Section 1(5).

In Schedule 1, in paragraph 2(9) the words from the beginning to " Corporation; but" and the words " in consequence of the admission agreement" and " in consequence of that agreement".

1964 c. 75.The Public Libraries and Museums Act 1964.In Schedule 1, paragraphs 1(4) and 2.
1965 c. 10.The Superannuation (Amendment) Act 1965.

In section 5, the words " the Superannuation (Miscellaneous Provisions) Act 1948 ".

In Schedule 2, paragraph 11.

1965 c. 16.The Airports Authority Act 1965.In Schedule 1, in paragraph 9(1), the words "with the approval of the Minister ".
1965 c. 17.The Museum of London Act 1965.In section 10, subsections (4) and (8).
1965 c. 58.The Ministerial Salaries Consolidation Act 1965.Section 6. Section 9(3).
1965 c. 59.The New Towns Act 1965.

Section 48(1).

In Schedule 9, in paragraph 2(4) the words from the beginning to " Commission; but" and in both places the words " in consequence of the agreement ".

1965 c. 74.The Superannuation Act 1965.The whole Act, except sections 38, 39, 39A, 42(1), 95(1) and (2), 97(1) and (2)(a) and (c), 98, 104(1) and 106, Schedule 8 and paragraphs 10 and 11 of Schedule 10.
1966 c. 8.The National Health Service Act 1966.Section 9(1) to (3).
1967 c. 9.The General Rate Act 1967.In section 92(1), the words from " and every such panel " to " of 1937 ".
1967 c. 10.The Forestry Act 1967.In Schedule 1, in Part II, in paragraph 9(4) the words from " ' the civil " to " service ; and" and paragraph 11.
1967 c. 12.The Teachers' Superannuation Act 1967.The whole Act.
1967 c. 22.The Agriculture Act 1967.In Schedule 1, in paragraph 8(2)(b) of Part II, the words " with the approval of the Ministers ".
1967 c. 28.The Superannuation (Miscellaneous Provisions) Act 1967.

Section 1.

Section 2(2) and (3). In section 4(6), the words " in an established capacity". Section 6.

In section 7(5), the words " or to section 67(1) thereof ", the word " respectively " and the words " and to section 66(1) thereof".

Section 8.

Section 11(2).

Section 15(5).

Section 16.

1967 c. 32.The Development of Inventions Act 1967.In the Schedule, in paragraph 6(b), the words " with the approval of the Minister ".
1967 c. 76.The Road Traffic Regulation Act 1967.Section 81(12)(b).
1968 c. 12.The Teachers Superannuation (Scotland) Act 1968.The whole Act except section 13.
1968 c. 16.The New Towns (Scotland) Act 1968.Section 41(1).
1968 c. 23.The Rent Act 1968.In section 40(3), the words " the Local Government Superannuation Act 1937 and ".
1968 c. 46.The Health Services and Public Health Act 1968.Section 35.
1968 c. 69.The Justices of the Peace Act 1968.In Schedule 3, paragraph 10(2).
1968 c. 73.The Transport Act 1968.

In Schedule 5, in Part II, paragraph 5.

In Schedule 15, in paragraph 8(2)(b) the words " with the approval of the Minister ".

1968 c. xxxii.The Port of London Act 1968.In Schedule 11, paragraph (s).
1969 c. 35.The Transport (London) Act 1969.In section 4(5), the words from the beginning to " undertakers) and "
1969 c. 48.The Post Office Act 1969.

In section 43(1), the words " with the approval of the Minister ".

Section 45.

1969 c. 50.The Trustee Savings Banks Act 1969.In section 82, in subsection (3) the words from the beginning to " (2) above ", and subsection (5).
1970 c. 10.The Income and Corporation Taxes Act 1970.In Schedule 15, so much of the Table in paragraph 11 as relates to the Forestry Act 1967.
1970 c. 11.The Sea Fish Industry Act 1970.In Schedule 1, in paragraph15 the words " with the approval of the Minister for the Civil Service ".
1971 c. 23.The Courts Act 1971.

In Schedule 9, the entry relating to the Police Pensions Act 1948.

In Schedule 10, paragraphs 13 and 14 and in paragraph 16(1) the words from " and, if " to the end.

1971 c. 56.The Pensions (Increase) Act 1971.

Section 14.

In section 15, subsections (1), (2) and (3), in subsection (4) paragraph (b) and the word " and " immediately preceding it, and subsection (6).

In Schedule 2, paragraph 21, in paragraph 22(b) the words " 67 or " and " 66 or " and in paragraph 23(b) the words from " or section 35 " to the end.

1971 c. 75.The Civil Aviation Act 1971.In Schedule 9, in paragraphs 1(5) and 3(7), the words from " in an established " to " 1965 ".

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