The Special Constables (Pensions) (Amendment) Regulations 1979

Statutory Instruments

1979 No. 76

POLICE

The Special Constables (Pensions) (Amendment) Regulations 1979

Made

26th January 1979

Laid before Parliament

5th February 1979

Coming into Operation

1st March 1979

In exercise of the powers conferred on me by section 34 of the Police Act 1964 (read with section 1(2) of the Police Pensions Act 1961, as amended and extended by sections 12 and 15 of the Superannuation Act 1972, I hereby make the following Regulations:—

1.  These Regulations may be cited as the Special Constables (Pensions) (Amendment) Regulations 1979.

2.  These Regulations shall come into operation on 1st March 1979 and shall have effect—

(a) for the purposes of paragraph (a) of Regulation 3, as from 1st December 1975;

(b) for the purposes of paragraph (b) of that Regulation, as from 6th April 1978.

3.  The Special Constables (Pensions) Regulations 1973, as amended(1), shall have effect—

(a) from 1st December 1975 subject to the amendments specified in Part I of the Schedule to these Regulations;

(b) from 6th April 1978 subject to the amendments specified in Part II of that Schedule.

Merlyn Rees

One of Her Majesty's Principal Secretaries of State

Home Office

26th January 1979

Regulation 3

SCHEDULE

PART I AMENDMENTS TAKING EFFECT FROM 1ST DECEMBER 1975

1.  For paragraph (1) of Regulation 3 there shall be substituted the following paragraph:—

   

“3.— (1) In these Regulations the expression “the principal Regulations” means the Police Pensions Regulations 1973 as amended by the Police Pensions (Amendment) Regulations 1974 and the Police Pensions (Amendment) Regulations 1975(2)”.

   

PART II AMENDMENTS TAKING EFFECT FROM 6TH APRIL 1978

1.  For paragraph (1) of Regulation 3 (as amended by Part I of this Schedule) there shall be substituted the following paragraph:—

   

“3.— (1) In these Regulations the expression “the principal Regulations” means the Police Pensions Regulations 1973 as amended by the Police Pensions (Amendment) Regulations 1974, the Police Pensions (Amendment) Regulations 1975 and the Police Pensions (Amendment) (No. 2) Regulations 1978(3)”.

   

2.  In Regulation 5—

(a) for the words “Regulations 28, 31(1), 33(2), 34 and 35” in paragraph (2) there shall be substituted the words “Regulations 28, 31, 33(2), 34 and 35”; and

(b) there shall be inserted after paragraph (2) the following paragraphs:—

“(3) Regulation 31 of the principal Regulations, as so applied, shall have effect as if the words “before he has attained insured pensionable age” were omitted therefrom.

  

(4) Regulation 34 of the principal Regulations, as so applied, shall have effect as if paragraph (3) were omitted therefrom.”.

EXPLANATORY NOTE

The Special Constables (Pensions) Regulations 1973 give to special constables and their dependants certain pension benefits, for which members of police forces and their dependants are eligible, by applying certain provisions of the Police Pensions Regulations 1973 (S.I. 1973/428). The Special Constables (Pensions) (Amendment) Regulations 1974 amended the Special Constables (Pensions) Regulations 1973 to attract amendments made to the Police Pensions Regulations 1973 by the Police Pensions (Amendment) Regulations 1974 (S.I. 1974/1533). The Police Pensions (Amendment) Regulations 1975 and the Police Pensions (Amendment) (No. 2) Regulations 1978 made further relevant amendments to the Police Pensions Regulations 1973 with effect from 1st December 1975 and 6th April 1978 respectively. The present Regulations amend the Special Constables (Pensions) Regulations 1973 to attract those amendments from the appropriate dates subject to the exclusion of particular provisions. Retrospective effect is authorised by sections 12 and 15 of the Superannuation Act 1972.

(1)

S.I. 1974/1535.

(2)

S.I. 1975/1718.

(3)

S.I. 1978/1348.