Overseas Pensions Act 1973

3 Provisions supplementary to sections 1 and 2. U.K.

(1) Without prejudice to the generality of section 1 or 2 above, a scheme made under either of those sections—

(a) may provide 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;

(b) may provide for the payment or 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;

(c) may, in such circumstances as the scheme may provide, make provision for payments by way of a return of contributions, with or without interest;

(d) may provide for the Secretary of State to make such payments as he thinks fit towards the provision of pensions, allowances or gratuities otherwise than by virtue of the scheme;

(e) may amend or revoke any previous scheme made thereunder;

(f) may (in the case of a scheme under section 1 above) be framed by reference to the law in force at any time in the overseas territory to which the scheme relates;

(g) may provide for the amendment or repeal of any provision in any Act of Parliament 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 scheme.

(2) Different schemes may be made under sections 1 and 2 above in relation to different classes of persons to whom each of those sections applies.

(3) The Secretary of State 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 section 1 or 2 above or by virtue of any scheme made thereunder.

(4) A scheme made under section 1 or 2 above, or any provision thereof, may be framed—

(a) so as to have effect as from a date earlier than the date on which the scheme is made; or

(b) so as to apply in relation to the pensions, allowances or gratuities paid or payable to or in respect of persons who, having been persons to whom section 1 or, as the case may be, 2 above applies, have died or ceased to be persons to whom the said section 1 or, as the case may be, 2 applies, before the scheme comes into operation; or

(c) so as to require or authorise the payment of pensions, allowances or gratuities, to or in respect of such persons.

(5) Any scheme made under section 1 or 2 above may provide for the determination by the Secretary of State of questions arising under the scheme and may provide that the decision of the Secretary of State on any such question shall be final.

(6) Where under any such scheme any question falls to be determined by the Secretary of State, then, at any time before the question is determined, the Secretary of State may (and if so directed by any of the Courts hereinafter mentioned shall) state in the form of a special case for determination by the High Court, the Court of Session or the Court of Appeal in Northern Ireland any question of law arising out of the question which falls to be determined by him.

(7) Where such a case is stated for determination by the High Court, an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal; and where such a case is stated for determination by the Court of Session then, subject to any rules of court, the Secretary of State shall be entitled to appear and be heard when the case is being considered by that court.

(8) Before a scheme made under section 1 or 2 above comes into operation the Secretary of State shall lay a copy of the scheme before Parliament.

(9) In this section and in sections 1 and 2 above the expression “pensions, allowances or gratuities” includes any compensation payable to or in respect of persons—

(a) who suffer loss of office or employment, or loss or diminution of emoluments, or

(b) whose office of employment is affected by constitutional changes, or circumstances arising from such changes, in any territory or territories.