Commencement, citation and interpretation
1.—(1) This Order shall come into operation on 28th March 1973 and shall have effect from the 26th June 1972.
(2) This Order may be cited as the Transport Holding Company (Pensions) Order 1973.
(3) In this Order, unless the context otherwise requires:—
“Cooks” means the company known as Thos. Cook & Son Limited (a company which ceased to be a subsidiary of the Transport Holding Company on the 26th June 1972);
“Cooks Pension Fund” means the pension fund established by Cooks and others for employees of Cooks and of their subsidiaries by means of an Interim Trust Deed dated the 4th April 1968 and a Trust Deed dated the 9th October 1970, both deeds being executed under the Common Seal of Cooks;
“the Holding Company” means the Transport Holding Company established under section 29 of the Transport Act 1962 or, in respect of any period after their dissolution, such person as may be designated by order of the Secretary of State under section 2(6) of the Transport Holding Company Act 1972 as being in his opinion the person to whom the relevant property, rights and liabilities of the Transport Holding Company have been transferred in pursuance of section 53 of the Transport Act 1968;
“the persons administering”, in relation to a pension fund, means the persons responsible for administering the fund under the terms thereof, and includes the trustees (if any) of the fund;
“a railway pension fund” means either the LNER Section or the GWR Section of the British Railways Superannuation Fund (an amalgamated pension fund constituted by the British Transport (Amalgamation of Railways' Pension Funds) (No. 1) Order 1970() and “the railway pension funds” means both of those sections of that fund;
“term”, in relation to a pension fund to which this Order applies, includes any rule or provision of, or applicable to, the fund, or of any statutory provision relating to the fund, or of any deed or other instrument made for the purpose of the fund.
(4) Any reference in this Order to the accrued pension rights of a person in a pension fund is a reference to—
(a)the accrued rights of that person in that fund, and
(b)the rights which any other person may prospectively or contingently have in that fund by reason of the pensionable service which has given rise to the rights referred to in (a) above.
(5) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.