Pensions (Miscellaneous Provisions) Act 1990

11 Payment of injury benefits to teachers by their employers etc

(1) In section 9 of the 1972 Act, in subsection (1) (which requires benefits for teachers to be paid by the Secretary of State) for the words from “by the Secretary of State” onwards there shall be substituted the words “to or in respect of teachers by the Secretary of State or, in the case of injury benefit, by the Secretary of State, an employer of teachers or such other person as the Secretary of State may consider appropriate and may specify in the regulations.”

(2) After subsection (5) of that section there shall be inserted—

“(5A) The powers exercisable by a local education authority or, in Scotland, an education authority, by virtue of—

(a) section 111 of the [1972 c. 70.] Local Government Act 1972 (subsidiary powers of local authorities), or

(b) section 69 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (similar provision for Scotland),

shall be taken to include, and to have at all times included, power to pay, or arrange for the payment of, injury benefit to or in respect of teachers; but that section shall cease to confer any such power on an authority in either part of Great Britain as from the coming into force of the first regulations under this section which make provision for the payment of injury benefit by such an authority to or in respect of teachers in that part.”

(3) In subsection (6) of that section (definitions) after the definition of “authorised provider” inserted by section 8(4) above there shall be inserted the following definition—

““injury benefit” means a pension, allowance or gratuity payable under the regulations to or in respect of a teacher in consequence of any injury sustained, or disease contracted, by him in the course of his employment in that capacity;”.