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Superannuation Act 1972

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Commencement Orders bringing legislation that affects this Act into force:

1 Superannuation schemes as respects civil servants, etc.E+W+S+N.I.

(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.

[F1(2A)Where a money purchase scheme under this section includes provision enabling a member to elect for the benefits which are to be provided to or in respect of him to be purchased from any authorised provider whom he may specify, then—

(a)notwithstanding subsection (1)(a) above, the scheme may make provision for the making of such an election to have the effect, in such cases as the scheme may specify, of discharging any liability of the Treasury to pay those benefits to or in respect of that member; but

(b)the scheme shall not be so framed as to have the effect that benefits under it may only be provided in a manner which discharges that liability of the Treasury.]

[F2(2B)The Minister may, to such extent and subject to such conditions as he thinks fit, delegate to the Scottish Parliamentary Corporate Body any function exercisable by him by virtue of this section or any scheme made thereunder so far as that function or scheme relates to any employees of that Body.]

(3)Before making any scheme under this section the Minister, or, if the Minister so directs in relation to a particular scheme [F3(other than a scheme mentioned in subsection (3A) below)], 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.

[F2(3A)Before making any scheme under this section relating to any employees of the Scottish Parliamentary Corporate Body (referred to as “the Parliamentary corporation”) the Minister, or, if the Minister so directs, the Parliamentary corporation, shall consult with–

(a)persons appearing to the Minister or the Parliamentary corporation, as the case may be, to represent persons likely to be affected by the proposed scheme, or

(b)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 [F4the Consolidated Fund or the Scottish 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.

[F5(9)In this section—

  • [F6authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means—

    (a)

    a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;

    (b)

    an EEA firm of a kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in subsection (9B), (9C) or (9D); or

    (c)

    an EEA firm of a kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit;]

  • money purchase scheme[F7has the meaning given by section 181(1) of the Pension Schemes Act 1993]]

[F8(9A)In subsection (9), the definition of “authorised provider” must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.

(9B)If the EEA firm concerned is of the kind mentioned in paragraph 5(a) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are—

(a)that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or [F9B of Annex I to the markets in financial instruments directive]; and

(b)that the firm is authorised by its home state authorisation to carry on that service.

(9C)If the EEA firm concerned is of the kind mentioned in paragraph 5(b) of that Schedule, the conditions are-

(a)that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; and

(b)that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions.

(9D)If the EEA firm concerned is of the kind mentioned in paragraph 5(c) of that Schedule, the conditions are—

(a)that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;

(b)that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions; and

(c)that the firm also carries on the activity in question in its home State.

(9E)Expressions used in subsections (9B) to (9D) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meaning in those subsections as they have in that Schedule.]

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Subordinate Legislation Made

P1S. 1: for previous exercises of this power see Index to Government Orders.

P2S. 1: s. 1(5) power exercised by S.I. 1991/1166.

Amendments (Textual)

F3Words in s. 1(3) inserted (27.7.2000) by S.I. 2000/2040, art. 2(1), Sch. Pt. I para. 5(3) (with art. 3)

F6S. 1(9): definition of "authorised provider" substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 106(2)

F7Words in definition of "money purchase scheme" in s. 1(9) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 6 (with s. 6(8)); S.I. 1994/86, art. 2

F8S. 1(9A)-(9E) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 106(3)

Modifications etc. (not altering text)

C1S. 1 extended by Judicature (Northern Ireland) Act 1978 (c. 23), s. 72(1)

S. 1 extended (E.W.) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 47, Sch. 13 para. 10(1)

S. 1 extended by National Audit Act 1983 (c. 44, SIF 99:1), s. 3(4)

S. 1 extended (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 4(6), 15(4)

S. 1 extended by British Council and Commonwealth Institute Superannuation Act 1986 (c. 51, SIF 101A:1), s. 1(1)(2)

S. 1 extended by S.I. 1987/938 (N.I. 10), art. 3(2), Sch. 1 Pt. I para. 8

S. 1 extended (E.W.S.) by Employment Act 1988 (c. 19, SIF 43:5), s. 19, Sch. 1 para. 5

S. 1 extended (E.W.) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 224(1)

S. 1 extended (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 52(2), Sch. 5 para. 5(3) (with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

S. 1 extended (6.5.1992) by Further and Higher Education Act 1992 (c. 13), ss. 9, 70, Sch. 1 para. 7(5); S.I. 1992/831, art. 2, Sch. 1

S. 1 extended (1.6.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 37, Sch. 7 para. 7(5); S.I. 1992/817, art. 3(2), Sch. 2

S. 1 extended (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 269(2), 302

S. 1 extended (1.10.1993) by 1993 c. 35, s. 244, Sch. 14 para. 11(1); S.I. 1993/1975, art. 9, Sch. 1

S. 1 extended (21.12.1993) by 1993 c. 38, ss. 4, 36(1), Sch. 1, para. 9(1)

S. 1 extended (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 46; S.I. 1994/507, art. 4(1), Sch. 2

S. 1 extended (E.W.S.) (19.9.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I para. 3(6) (with s. 40(7)); S.I. 1994/2189, art. 2, Sch.

S. 1 extended (E.W.) (21.9.1994) by Education Act 1994 (c. 30), s. 2(5), Sch. 1 para. 7(1); S.I. 1994/2204, art. 2(1); and extension continued (1.9.2005) by virtue of Education Act 2005 (c. 18), ss. 77(2), 125(3), Sch. 5 para. 7(1)

S. 1 extended (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 12(1) (with s. 121(5)); S.I. 1996/778, art. 2(3), Sch. Pt. III

S. 1 extended (1.7.1996) by 1991 c. 53, s. 32(7), Sch. 5 para. 6(1) (as substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 70; S.I. 1996/1608, art. 2)

S. 1 extended (1.8.1996) by 1995 c. 26, s. 78(8), Sch. 2 para. 11(1) (with s. 121(5)); S.I. 1996/1412, art. 2, Sch. Pt. I

S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 20, 21, 583(2), Sch. 2 para. 9(1) (with ss. 1(4), 561, 562, Sch. 39)

S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 30 para. 10(1) (with ss. 1(4), 561, 562, Sch. 39)

S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 358, 583(2), Sch. 29 para. 11(1) (with ss. 1(4), 561, 562, Sch. 39)

S. 1 extended (E.W.N.I.) (1.1.1997) by 1995 c. 35, s. 8, Sch. 1 para. 4(3); S.I. 1996/3149, art. 3

S. 1 extended (26.2.1997) by S.I. 1997/236, art. 2

S. 1 extended (1.10.1997) by 1997 c. 44, s. 21(5), Sch. 4 para. 11(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III

S. 1 extended (1.10.1997) by 1997 c. 44, s. 27(5), Sch. 5 para. 10(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III

S. 1 extended (S.) by 1995 c. 46, s. 194A(7), Sch. 9A para. 4(3) (as inserted (1.1.1998) by 1997 c. 48, s. 25(2); S.I. 1997/3004, art. 2, Sch.)

S. 1 extended (1.3.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 3(2); S.I. 1998/386, art. 2(1), Sch. 1 Pt. I

S. 1 extended (1.4.1998) by S.I. 1998/618, art. 2(1)

S. 1 extended (1.4.1998 with effect as specified in amending S.I.) by S.I. 1998/618, art. 3(1)

S. 1 extended (1.4.1998) by 1997 c. 50, s. 109(2), Sch. 8 para. 6(1); S.I. 1998/354, art. 2(1)(2)(av)(ba)

S. 1 extended (with effect from 1.9.1998) by S.I. 1999/519, art. 2(a)

S. 1 extended (E.W.) (30.9.1998) by 1998 c. 37, s. 41(11), Sch. 2 para. 4(3); S.I. 1998/2327, art. 2(1)(i)

S. 1 extended (1.10.1998) by 1998 c. 30, s. 1(9), Sch. 1 para. 7(1) (with s. 42(8)); S.I. 1998/2215, art. 2

S. 1 extended (21.11.1998) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 7, Sch. 1 para. 11; S.I. 1998/2886, art. 2(a)

S. 1 extended (25.11.1998 for the purposes of regional development agencies established on that date and otherwise 3.7.2000) by 1998 c. 45, s. 2(5), Sch. 2 para. 5(1); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(c)

S. 1 extended by 1992 c. 37, s. 59A(3)(a) (as inserted (1.1.1999) by 1998 c. 30, s. 37 (with s. 42(8)); S.I. 1998/3237, art. 2(3))

S. 1 extended (1.3.1999) by 1998 c. 47, s. 68(4), Sch. 7 para. 4(2) (with s. 95(4)); S.I. 1999/340, art. 2(3), Sch. Pt. 3

S. 1 extended (1.4.1999) by 1993 c. 39, Sch. 2A para. 6(5) (as inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. II para. 7; S.I. 1999/650, art. 2(a)(b))

S. 1 extended (1.7.1999) by 1998 c. 38, s. 104, Sch. 6 para. 3(2); S.I. 1999/1290, art. 4

S. 1 extended (E.W.S.) (6.8.1999) by 1999 c. 17, s. 1(3), Sch. 1 para. 11(1) (with s. 15); S.I. 1999/2210, art. 2(1)(6)

S. 1 extended (12.1.2000) by 1999 c. 29, s. 389(1) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

S. 1 extended (8.6.2000) by S.I. 2000/1505, art. 4(1)

S. 1 extended (28.6.2000) by S.I. 2000/1484, art. 3(3)

S. 1 extended (24.7.2000 with effect as specified in amending S.I.) by S.I. 2000/1728, art. 2(1)

S. 1 extended (3.8.2000) by 2000 c. 21, s. 52(8), Sch. 6 para. 6(1); S.I. 2000/2114, art. 2(1), Sch. Pt. I

S. 1 extended (1.9.2000) by 2000 c. 21, s. 1(4), Sch. 1 para. 6(1); S.I. 2000/2114, art. 2(3), Sch. Pt. III

S. 1 extended (with modifications) (1.10.2000) by 2000 c. 21, ss. 134-136 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

S. 1 extended (1.11.2000) by 2000 c. 27, s. 2(4), Sch. 2 para. 5(3); S.I. 2000/2917, art. 2, Sch.

S. 1 extended (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 44(2); S.I. 2000/2917, art. 2, Sch.

S. 1 extended (N.I.) (6.11.2000) by 1998 c. 32, s. 51, Sch. 3 para. 3(3); S.R. 2000/399, art. 3

S. 1 extended (N.I.) (23.11.2000) by 2000 c. 32, s. 67(4), Sch. 4 para. 4(3)

S. 1 extended (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 6; S.I. 2000/3376, art. 2

S. 1 extended (E.W) (1.4.2001) by 2000 c. 43, s. 11, Sch. 2 para. 18(1); S.I. 2001/919, art. 2(a)(e)

S. 1 extended (17.5.2001 with effect as specified in amending S.I.) by 2001/1587, art. 2

S. 1 extended (1.9.2002) by 2001 c. 16, s. 127(1)(2); S.I 2002/2050, art. 2

S. 1 extended (E.W.) (1.4.2002) by 2001 c. 16, s. 87, Sch. 3 para. 12; S.I. 2002/533, art. 2(c)

S. 1 extended (12.8.2002 with effect as specified in amending S.I.) by S.I 2002/1913, arts. 2, 3

S. 1 extended (13.9.2002) by S.I. 2002/2143, art. 2

S. 1 extended (1.4.2003) by 2002 c. 40, ss. 13, 279, Sch. 3 para. 6(2); S.I. 2003/766, art. 2, Sch. (with art. 3)

C2S. 1 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury by virtue of S.I. 1981/1670, arts. 2(1)(c), 3(5)

C6S. 1: functions transferred (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 6

C7S. 1: power to extend conferred (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 36(3)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

S. 1: power to extend conferred (1.4.2001) by 1997 c. 25, s. 50(1) (as substituted (1.4.2001) by 1999 c. 22, ss. 83, 108(1), Sch. 12 para. 13 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i)

C20S. 1 extended (E.W.N.I.) (2.1.2008 for E.W. and 31.3.2008 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 1(2), 65, Sch. 1 para. 5(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 3; S.I. 2008/930, art. 2(a)

C23S. 1(2)(3) extended (1.12.1998) by 1998 c. 38, s. 34(5); S.I. 1998/2789, art. 2

S. 1(2)(3) extended (6.5.1999) by 1998 c. 46, s. 51(6) (with s. 126(3)-(11)); S.I 1998/3178, art. 2(2), Sch. 3

C25S. 1(2)(3) modified by Government of Wales Act 2006 (c. 32), s. 52(6) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

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