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Police and Magistrates' Courts Act 1994

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This is the original version (as it was originally enacted).

82Pensions etc. of justices' chief executive, justices' clerks and staff in inner London area

(1)Schedule 7 (which re-enacts certain provisions relating to the functions of the Receiver for the Metropolitan Police District with respect to pensions etc. of court staff) shall have effect.

(2)The Lord Chancellor may by order make provision with respect to pensions, allowances or gratuities payable to or in respect of inner London court staff, or any class of inner London court staff.

(3)An order under subsection (2) above may—

(a)itself 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 order, are to be or may be paid to or in respect of inner London court staff, or any class of inner London court staff, or

(b)provide that the civil service provisions are to have effect, with such modifications as may be prescribed by the order, in relation to the payment by such persons as may be so prescribed, out of such funds as may be so prescribed, of pensions, allowances and gratuities to or in respect of inner London court staff, or any class of inner London court staff.

(4)Without prejudice to the generality of subsections (2) and (3) above, an order under subsection (2)—

(a)may include all or any of the provisions referred to in paragraphs 1 to 11 of Schedule 3 to the [1972 c. 11.] Superannuation Act 1972, and

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

(5)Paragraphs 1 to 11 of Schedule 3 to the [1972 c. 11.] Superannuation Act 1972 shall have effect, in their application for the purposes of this section, as if references to regulations were references to an order under this section and references to the Secretary of State were references to the Lord Chancellor.

(6)Subsections (3) and (4) of section 7 of the [1971 c. 56.] Superannuation Act 1972 (which relate to increases under the Pensions (Increase) Act 1971) shall have effect in relation to an order under subsection (2) above as they have effect in relation to regulations under that section.

(7)The Lord Chancellor may by order repeal or amend any of the relevant enactments, whether or not he makes provision under subsection (2) above.

(8)An order under subsection (2) or (7) above may make such consequential, transitional, incidental or supplemental provision (including provision amending or repealing any provision of this Act, the 1979 Act or any other enactment) as the Lord Chancellor thinks necessary or expedient.

(9)Before making an order under subsection (2) or (7) above the Lord Chancellor shall consult—

(a)the inner London magistrates' courts committee,

(b)such local authorities as appear to him to be concerned,

(c)the Receiver for the Metropolitan Police District, and

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

(10)An order under subsection (2) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In this section—

  • “the civil service provisions” has the meaning given by section 15(1) of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967,

  • “inner London court staff” means the justices' chief executive employed by the inner London magistrates' courts committee, any justices' clerk for the inner London area and staff of the inner London magistrates' courts committee,

  • “the inner London magistrates' courts committee” means the magistrates' courts committee for an area consisting of or including the inner London area or, if there is no such committee, every magistrates' courts committee for any area which consists of or includes any part of the inner London area, and

  • “the relevant enactments” means—

    (a)

    Schedule 7 to this Act, and

    (b)

    section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) so far as it relates to the persons mentioned in subsection (1)(a)(ii) of that section.

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