Superannuation (Miscellaneous Provisions) Act 1967

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15 Superannuation of metropolitan civil staffs.E+W

(1)In this section—

(a)the expression “member of the metropolitan civil staffs” means a person—

F1 [( i )who is employed by the [F2Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis];]

F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but does not include any person such as is mentioned in [F4regulation B2(1)(l) of the M1Local Government Superannuation Regulations 1974;]

(b)the expression “civil service provisions” means the following as for the time being in force, namely, [F5the principal civil service pension scheme within the meaning of section 2 of the M2Superannuation Act 1972 and any] enactment or instrument, being an enactment or instrument relating to pensions or other benefits to or in respect of persons who are or have been in the civil service of the State, whether that enactment or instrument was passed or made before or after the passing of this Act, other than an enactment or instrument relating to transfers between that service and service as a member of the metropolitan civil staffs;

(c)the expression “the appointed day” means such day as the Secretary of State may by order appoint.

F6[[F7( 2 )The Mayor's Office for Policing and Crime shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by that Office.

(2ZA)The Commissioner of Police of the Metropolis shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by the Commissioner.]

(2A)The [F8Mayor's Office for Policing and Crime, and the Commissioner of Police of the Metropolis,] may, to such extent and subject to such conditions as [F9that Office or Commissioner] thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.

(2B)Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

(2C)Subsection (2B) above does not apply for the purposes of—

(a)any criminal proceedings against the authorised person (or any employee of his); or

(b)any contract between him and the person who authorised him, so far as relating to the function.

(2D) Unless the powers conferred by section 7 of the M3 Superannuation Act 1972, section 50 of the Justices of the M4 Peace Act 1997, paragraph 36 of Schedule 14 to the M5 Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member, for the purposes of transfers (whether before, on or after the appointed day) between service as such a member and other service (not being service in the the civil service of the State), or for any connected purpose, as they have effect for the purposes of the grant by the Treasury ou t of moneys provided by Parliament or out of the Consolidated Fund of pensions or other benefits to or in respect of persons in the civil service of the State, for the purposes of transfers between that service and any other service (not being service as a member of the metropolitan civil staffs), or of any corresponding connected purpose, as the caes may be, and as if employment as a member of the metropolitan civil staffs were employment in a public department.]

(3)The Secretary of State may [F10with the consent of the Minister for the Civil Service] by regulations provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under this section, or of transfers between service as a member of the metropolitan civil staffs and other service, or for any connected purpose, as the case may be—

(a)subject to any exceptions [F11additions] or modifications specified in the regulations; and

(b)subject to any adaptations so specified, being adaptations appearing to the Secretary of State to be necessary or expedient to ensure that those provisions have effect as mentioned in subsection [F12(2D)] of this section,

and any such adaptations may be either general adaptations applicable to all the civil service provisions, whether or not passed or made at the date of the making of the regulations, or particular adaptations of particular provisions.

(4)Regulations under subsection (3) of this section may be made so as to have effect as from any date not earlier than the date of the coming into force of the civil service provision in question, notwithstanding that the regulations are made after that date.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

[F14(6)Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs [F15with the Mayor's Office for Policing and Crime, and with the Commissioner of Police of the Metropolis], and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament].

(7)Nothing in this section shall affect any pension or other benefit granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 before the appointed day, and accordingly any such pension or other benefit shall [F16be paid by the [F17Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis]].

(8)As from the appointed day the following provisions are hereby repealed or revoked, namely—

(a)the M6Metropolitan Police Staff (Superannuation) Act 1875;

(b)the M7Metropolitan Staff Superannuation Act 1885;

(c)in the M8Police Act 1909, section 4;

(d)in the M9Metropolitan Police (Staff Superannuation and Police Fund) Act 1931, sections 1 to 3;

(e)in the M10Superannuation (Various Services) Act 1938, in Part I of the Schedule, the entry relating to the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931;

(f)in section 2 of the M11Superannuation (Miscellaneous Provisions) Act 1948, subsections (2)(b) and (3)(ii) and, in subsection (4), paragraph (c), the words “into the Metrpolitan Police Fund”, and the word “(c)” in the last place where it occurs;

(g)the M12Superannuation (Transfers between Metrpolitan Police Staffs and Local Government) Rules 1959;

(h)the M13National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) Regulations 1961;

(i)the M14National Insurance (Modification of the Metropolitan Polce Staffs Superannuation Provisions) Regulations 1963;

(j)in the M15Administration of Justice Act 1964, section 24;

(k)the M16National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) (Amendment) Regulations 1966;

(l)the M17Superannuation (Transfers between Police and Metropolitan Polce Staffs) Rules 1966.

F18(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F1S. 15(1)(a)(i) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(2) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F2Words in s. 15(1)(a)(i) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(2); S.I. 2011/3019, art. 3, Sch. 1

F3S. 15(1)(a)(ii) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2 (with savings in Sch. 1 para. 4)

F4Words substituted by S.I. 1974/520, Sch. 18 para. 6

F5Words substituted by Superannuation Act 1972 (c. 11), s. 14(2)

F6S. 15(2)-(2D) substituted for s 15(2) (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F7S. 15(2)(2ZA) substituted for s. 15(2) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(3); S.I. 2011/3019, art. 3, Sch. 1

F8Words in s. 15(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(4)(a); S.I. 2011/3019, art. 3, Sch. 1

F9Words in s. 15(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(4)(b); S.I. 2011/3019, art. 3, Sch. 1

F10Words inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F11Word inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F12Words in s. 15(3)(b) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(4) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F13Ss. 1, 2(2)(3), 6, 8, 11(2), 15(5), 16 repealed by Superannuation Act 1972 (c. 11), s. 23(1), Schs. 5, 8

F14S. 15(6) substituted by Superannuation Act 1972 (c. 11), s. 14(5)

F15Words in s. 15(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(5); S.I. 2011/3019, art. 3, Sch. 1

F16Words in s. 15(7) substituted (3.7.2000) by 1999 c. 29, ss. 325, Sch. 27 para. 20(6) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F17Words in s. 15(7) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(6); S.I. 2011/3019, art. 3, Sch. 1

F18S. 15(9) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2

Modifications etc. (not altering text)

C1S. 15: power to appeal or amend conferred (E.W.)(prosp.) by 1994 c. 29, ss. 82(7)(11) (which said s. 82 was repealed (19.6.1997), without having come into force, by 1997 c. 25, s. 73(3), Sch. 6 Pt. I)

C2S. 15 modified (E.W.) (prosp.) by 1997 c. 25, ss. 50(7)(11), 74(2), (with s. 73(1), Sch. 4 para. 27)

C3S. 15: power to extend conferred (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. V para. 36(3)(b) (with Sch. 14 para. 7(2)).

C4By 1999 c. 29, s. 325, Sch. 27 para. 20(8) (with Sch. 12 para. 9(1)) it is provided that s. 15(2)(a) be excluded (3.7.2000); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

By 1999 c. 29, s. 325, Sch. 27 para. 20(9) (with Sch. 12 para. 9(1)) is is provided that s. 15(2)(b) be applied (with modifications) (3.7.2000); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

C5The text of Ss. 11(3)(4)(5)(6)(7), 15(8)(a)–(l) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

15 Superannuation of metropolitan civil staffs.S+N.I.

(1)In this section—

(a)the expression “member of the metropolitan civil staffs” means a person—

F19[(i)who is employed by the [F8Mayor's Office for Policing and Crime, and the Commissioner of Police of the Metropolis,];]

F20(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but does not include any person such as is mentioned in [F21regulation B2(1)(l) of the M18Local Government Superannuation Regulations 1974;]

(b)the expression “civil service provisions” means the following as for the time being in force, namely, [F22the principal civil service pension scheme within the meaning of section 2 of the M19Superannuation Act 1972 and any] enactment or instrument, being an enactment or instrument relating to pensions or other benefits to or in respect of persons who are or have been in the civil service of the State, whether that enactment or instrument was passed or made before or after the passing of this Act, other than an enactment or instrument relating to transfers between that service and service as a member of the metropolitan civil staffs;

(c)the expression “the appointed day” means such day as the Secretary of State may by order appoint.

F6[[F7(2)The Mayor's Office for Policing and Crime shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by that Office.

(2C)Subsection (2B) above does not apply for the purposes of—

(a)any criminal proceedings against the authorised person (or any employee of his); or

(b)any contract between him and the person who authorised him, so far as relating to the function.

(2D)Unless the powers conferred by section 7 of the M20Superannuation Act 1972, section 50 of the Justices of the M21Peace Act 1997, paragraph 36 of Schedule 14 to the M22Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member for the purposes of transfers (whether before, on or after the appointed day) between service as such a member and other service (not being service in the civil service of the State), or for any connected purpose, as they have effect for the purposes of the grant by the Treasury out of moneys provided by Parliament or out of the Consolidated Fund of pensions or other benefits to or in respect of persons in the civil service of the State, for the purposes of transfers between that sevice and any other service (not being service as a member of the metropolitan civil staffs), or for any corresponding connected purpose, as the case may be, and as if employment as a memebr of the metropolitan civil staffs were employment in a public department.]

(3)The Secretary of State may [F23with the consent of the Minister for the Civil Service] by regulations provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under this section, or of transfers between service as a member of the metropolitan civil staffs and other service, or for any connected purpose, as the case may be—

(a)subject to any exceptions [F24additions] or modifications specified in the regulations; and

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

[F27(6)Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs [F15with the Mayor's Office for Policing and Crime, and with the Commissioner of Police of the Metropolis], and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament].

(7)Nothing in this section shall affect any pension or other benefit granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 before the appointed day, and accordingly any such pension or other benefit shall [F28be paid by the [F17Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis]].

(8)As from the appointed day the following provisions are hereby repealed or revoked, namely—

(a)the M23Metropolitan Police Staff (Superannuation) Act 1875;

(b)the M24Metropolitan Staff Superannuation Act 1885;

(c)in the M25Police Act 1909, section 4;

(d)in the M26Metropolitan Police (Staff Superannuation and Police Fund) Act 1931, sections 1 to 3;

(e)in the M27Superannuation (Various Services) Act 1938, in Part I of the Schedule, the entry relating to the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931;

(f)in section 2 of the M28Superannuation (Miscellaneous Provisions) Act 1948, subsections (2)(b) and (3)(ii) and, in subsection (4), paragraph (c), the words “into the Metrpolitan Police Fund”, and the word “(c)” in the last place where it occurs;

(g)the M29Superannuation (Transfers between Metrpolitan Police Staffs and Local Government) Rules 1959;

(h)the M30National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) Regulations 1961;

(i)the M31National Insurance (Modification of the Metropolitan Polce Staffs Superannuation Provisions) Regulations 1963;

(j)in the M32Administration of Justice Act 1964, section 24;

(k)the M33National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) (Amendment) Regulations 1966;

(l)the M34Superannuation (Transfers between Police and Metropolitan Polce Staffs) Rules 1966.

F29(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F7S. 15(2)(2ZA) substituted for s. 15(2) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(3); S.I. 2011/3019, art. 3, Sch. 1

F8Words in s. 15(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(4)(a); S.I. 2011/3019, art. 3, Sch. 1

F9Words in s. 15(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(4)(b); S.I. 2011/3019, art. 3, Sch. 1

F15Words in s. 15(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(5); S.I. 2011/3019, art. 3, Sch. 1

F17Words in s. 15(7) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 88(6); S.I. 2011/3019, art. 3, Sch. 1

F19S. 15(1)(a)(i) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(2) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F20S. 15(1)(a)(ii) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2 (with savings in Sch. 1 para. 4)

F21Words substituted by S.I. 1974/520, Sch. 18 para. 6

F22Words substituted by Superannuation Act 1972 (c. 11), s. 14(2)

F23Words inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F24Word inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F25Words in s. 15(3)(b) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(4) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F26Ss. 1, 2(2)(3), 6, 8, 11(2), 15(5), 16 repealed by Superannuation Act 1972 (c. 11), s. 23(1), Schs. 5, 8

F27S. 15(6) substituted by Superannuation Act 1972 (c. 11), s. 14(5)

F28Words in s. 15(7) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(6) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F29S. 15(9) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2

Modifications etc. (not altering text)

C6S. 15: power to extend conferred (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. V para. 36(3)(b) (with Sch. 14 para. 7(2))

C7By 1999 c. 29, s. 325, Sch. 27 para. 20(8) (with Sch. 12 para. 9(1)) it is provided that s. 15(2)(a) be excluded (3.7.2000); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

By 1999 c. 29, s. 325, Sch. 27 para. 20(9) (with Sch. 12 para. 9(1)) it is provided that s. 15(2)(b) be applied (with modifications) (3.7.2000); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

C8The text of Ss. 11(3)(4)(5)(6)(7), 15(8)(a)-(l) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations