Superannuation (Miscellaneous Provisions) Act 1967

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 Metropolitan Police Authority;]

(ii) who is serving as a justices’ clerk for the inner London area [F2 , as a justices’ chief executive for that area or as staff of the magistrates’ courts committee for that area],

but does not include any person such as is mentioned in [F3 regulation B2(1)(l) of the M1 Local Government Superannuation Regulations 1974;]

(b) the expression “civil service provisions” means the following as for the time being in force, namely, [F4 the principal civil service pension scheme within the meaning of section 2 of the M2 Superannuation 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.

[F5 (2) As from the day on which section 310 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs.

(2A) The Metropolitan Police Authority may, to such extent and subject to such conditions as it 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 [F6 with 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 [F7 additions] 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 [F8 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

[F10 (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 [F11 and with the Metropolitan Police Authority] , 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 [F12 be paid by the Metropolitan Police Authority].

(8) As from the appointed day the following provisions are hereby repealed or revoked, namely—

(a) the M6 Metropolitan Police Staff (Superannuation) Act 1875;

(b) the M7 Metropolitan Staff Superannuation Act 1885;

(c) in the M8 Police Act 1909, section 4;

(d) in the M9 Metropolitan Police (Staff Superannuation and Police Fund) Act 1931, sections 1 to 3;

(e) in the M10 Superannuation (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 M11 Superannuation (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 M12 Superannuation (Transfers between Metrpolitan Police Staffs and Local Government) Rules 1959;

(h) the M13 National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) Regulations 1961;

(i) the M14 National Insurance (Modification of the Metropolitan Polce Staffs Superannuation Provisions) Regulations 1963;

(j) in the M15 Administration of Justice Act 1964, section 24;

(k) the M16 National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) (Amendment) Regulations 1966;

(l) the M17 Superannuation (Transfers between Police and Metropolitan Polce Staffs) Rules 1966.

(9) Notwithstanding the repeal by subsection (8)(j) of this section of section 24 of the Administration of Justice Act 1964, the M18 Superannuation (Inner London Magistrates’ Courts) Regulations 1965 shall continue in force subject to the like power of variation or revocation as if the said section 24 had not been repealed, except that as from the appointed day—

(a) the following provisions thereof are hereby revoked, namely—

(i) in regulation 1(1), the words from the beginning to “shall apply” and the word “and” where it appears after the word “magistrates”;

(ii) in regulation 1(2), paragraph (b), paragraph (c) from “and the” onwards, and paragraph (d);

(iii) regulation 3;

(b) in regulation 2(2), the reference to regulation 1 shall be construed as a reference to subsection (2) of this section;

(c) regulation 2(2) from “and he” onwards is hereby revoked; but where any person gives such a notice as is mentioned in regulation 2(2), the civil service provisions with respect to transfers between that service and local government service, as they apply by virtue of subsection (2)(b) of this section to transfers between service as a member of the metropolitan civil staffs and local government service, shall have effect as if he had ceased to be employed in local government service and had become such a member with effect from the day of the giving of the notice and as if that notice had been any notice required by those provisions.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F1 S. 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.)

F2 Words in s. 15(1)(a)(ii) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 25; S.I. 1995/685, arts. 4(l), 7(2)(a)

F3 Words substituted by S.I. 1974/520, Sch. 18 para. 6

F4 Words substituted by Superannuation Act 1972 (c. 11), s. 14(2)

F5 S. 15(2) substituted (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.)

F6 Words inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F7 Word inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F8 Words 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.)

F9 Ss. 1, 2(2)(3), 6, 8, 11(2), 15(5), 16 repealed by Superannuation Act 1972 (c. 11), s. 23(1), Schs. 5, 8

F10 S. 15(6) substituted by Superannuation Act 1972 (c. 11), s. 14(5)

F11 Words in s. 15(6) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(5) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F12 Words 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. (subjwct to transitional provision in Sch.)

Modifications etc. (not altering text)

C1 S. 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)

C2 S. 15 modified (E.W.) (prosp.) by 1997 c. 25, ss. 50(7)(11), 74(2), (with s. 73(1), Sch. 4 para. 27)

C3 S. 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)).

C4 By 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.)

C5 The 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

M1 S.I. 1974/520.

M2 1972 c. 11.

M3 1972 c. 11.

M4 1997 c. 25.

M5 1999 c. 22.

M6 1875 c. 28.

M7 1885 c. 68.

M8 1909 c. 40.

M9 1931 c. 12

M10 1938 c. 13.

M11 1948 c. 33.

M12 S.I. 1959/1243.

M13 S.I. 1961/439.

M14 S.I. 1963/1610.

M15 1964 c. 42.

M16 S.I. 1966/1120.

M17 S.I. 1966/1589.

M18 S.I. 1965/537.

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—

[F13 (i) who is employed by the Metropolitan Police Authority;]

(ii) who is serving as a justices’ clerk for the inner London area or other officer employed by the committee of magistrates for that area,

but does not include any person such as is mentioned in [F14 regulation B2(1)(l) of the M19 Local Government Superannuation Regulations 1974;]

(b) the expression “civil service provisions” means the following as for the time being in force, namely, [F15 the principal civil service pension scheme within the meaning of section 2 of the M20 Superannuation 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.

[F16 (2) As from the day on which section 310 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs.

(2A) The Metropolitan Police Authority may, to such extent and subject to such conditions as it 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 M21 Superannuation Act 1972, section 50 of the Justices of the M22 Peace Act 1997, paragraph 36 of Schedule 14 to the M23 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 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 [F17 with 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 [F18 additions] 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 [F19 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

[F21 (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 [F22 and with the Metropolitan Police Authority], 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 [F23 be paid by the Metropolitan Police Authority].

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

(a) the M24 Metropolitan Police Staff (Superannuation) Act 1875;

(b) the M25 Metropolitan Staff Superannuation Act 1885;

(c) in the M26 Police Act 1909, section 4;

(d) in the M27 Metropolitan Police (Staff Superannuation and Police Fund) Act 1931, sections 1 to 3;

(e) in the M28 Superannuation (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 M29 Superannuation (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 M30 Superannuation (Transfers between Metrpolitan Police Staffs and Local Government) Rules 1959;

(h) the M31 National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) Regulations 1961;

(i) the M32 National Insurance (Modification of the Metropolitan Polce Staffs Superannuation Provisions) Regulations 1963;

(j) in the M33 Administration of Justice Act 1964, section 24;

(k) the M34 National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) (Amendment) Regulations 1966;

(l) the M35 Superannuation (Transfers between Police and Metropolitan Polce Staffs) Rules 1966.

(9) Notwithstanding the repeal by subsection (8)(j) of this section of section 24 of the Administration of Justice Act 1964, the M36 Superannuation (Inner London Magistrates’ Courts) Regulations 1965 shall continue in force subject to the like power of variation or revocation as if the said section 24 had not been repealed, except that as from the appointed day—

(a) the following provisions thereof are hereby revoked, namely—

(i) in regulation 1(1), the words from the beginning to “shall apply” and the word “and” where it appears after the word “magistrates”;

(ii) in regulation 1(2), paragraph (b), paragraph (c) from “and the” onwards, and paragraph (d);

(iii) regulation 3;

(b) in regulation 2(2), the reference to regulation 1 shall be construed as a reference to subsection (2) of this section;

(c) regulation 2(2) from “and he” onwards is hereby revoked; but where any person gives such a notice as is mentioned in regulation 2(2), the civil service provisions with respect to transfers between that service and local government service, as they apply by virtue of subsection (2)(b) of this section to transfers between service as a member of the metropolitan civil staffs and local government service, shall have effect as if he had ceased to be employed in local government service and had become such a member with effect from the day of the giving of the notice and as if that notice had been any notice required by those provisions.

Extent Information

E2 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F13 S. 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.)

F14 Words substituted by S.I. 1974/520, Sch. 18 para. 6

F15 Words substituted by Superannuation Act 1972 (c. 11), s. 14(2)

F16 S. 15(2) substituted (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.)

F17 Words inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F18 Word inserted by Superannuation Act 1972 (c. 11), s. 14(3)

F19 Words 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.)

F20 Ss. 1, 2(2)(3), 6, 8, 11(2), 15(5), 16 repealed by Superannuation Act 1972 (c. 11), s. 23(1), Schs. 5, 8

F21 S. 15(6) substituted by Superannuation Act 1972 (c. 11), s. 14(5)

F22 Words in s. 15(6) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 20(5) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch. (subject to transitional provision in Sch.)

F23 Words 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.)

Modifications etc. (not altering text)

C6 S. 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))

C7 By 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.)

C8 The 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

M19 S.I. 1974/520.

M20 1972 c. 11.

M21 1972 c. 11.

M22 1997 c. 25.

M23 1999 c. 22.

M24 1875 c. 28.

M25 1885 c. 68.

M26 1909 c. 40.

M27 1931 c. 12

M28 1938 c. 13.

M29 1948 c. 33.

M30 S.I. 1959/1243.

M31 S.I. 1961/439.

M32 S.I. 1963/1610.

M33 1964 c. 42.

M34 S.I. 1966/1120.

M35 S.I. 1966/1589.

M36 S.I. 1965/537.