Superannuation (Miscellaneous Provisions) Act 1967

15 Superannuation of metropolitan civil staffs.

(1) In this section—

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

(i) who is employed under the Commissioner of Police for the Metropolis or the Receiver for the Metropolitan Police District (hereafter in this section referred to as " the Receiver ") and is not a constable and whose salary is paid out of the Metropolitan Police Fund; or

(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 sub-paragraph (ii) of this paragraph during any period of his service to which Regulation 2(1) of the [S.I. 1965/537.] Superannuation (Inner London Magistrates' Courts) Regulations 1965 applies;

(b) the expression " civil service provisions " means the following as for the time being in force, namely, the [1965 c. 74.] Superannuation Act 1965, sections 1 and 2(2) and (3) of this Act, and any other 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.

(2) As from the appointed day the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 shall cease to have effect but—

(a) the Secretary of State shall continue to have power to grant, to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs, pensions or other benefits payable by the Receiver out of the Metropolitan Police Fund; and

(b) subject to any regulations for the time being in force under subsection (3) of this section, the civil service provisions shall have effect for the purposes of the grant by the Secretary of State out of the said Fund of pensions or other benefits under this section to or in respect of members of the metropolitan civil staffs, 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 service 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 member of the metropolitan civil staffs were employment in a public department.

(3) The Secretary of State may 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 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 (2)(b) 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) For the purpose of enabling the Secretary of State to make by regulations with respect to pensions or other benefits under this section any provision which the Treasury have power under the civil service provisions to make by rules or regulations with respect to pensions or other benefits to or in respect of persons in the civil service of the State in cases where no such provision so made by the Treasury already applies by virtue of this section with respect to pensions or other benefits under this section, the Secretary of State may, with the consent of the Treasury, by regulations provide for the provisions conferring that power on the Treasury to have effect subject to such adaptations as may be specified in the regulations, being adaptations appearing to the Secretary of State and the Treasury to be necessary or expedient in order to confer with respect to pensions or other benefits under this section corresponding powers on the Secretary of State.

(6) Any power to make an order or regulations under this section shall be exercisable by statutory instrument; and any such regulations shall be subject to annulment in pursuance of a resolution of either House of 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 continue to be paid by the Receiver out of the Metropolitan Police Fund.

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

(a) the [1875 c. 28.] Metropolitan Police Staff (Superannuation) Act 1875;

(b) the [1885 c. 68.] Metropolitan Police Staff Superannuation Act 1885 ;

(c) in the [1909 c. 40.] Police Act 1909, section 4 ;

(d) in the [1931 c. 12.] Metropolitan Police (Staff Superannuation and Police Fund) Act 1931, sections 1 to 3 ;

(e) in the [1938 c. 13.] 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 [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948, subsections (2)(b) and (3)(ii) and, in subsection (4), paragraph (c), the words " into the Metropolitan Police Fund ", and the word " (c)" in the last place where it occurs;

(g) the [S.I. 1959/1243.] Superannuation (Transfers between Metropolitan Police Staffs and Local Government) Rules 1959;

(h) the [S.I. 1961/439.] National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) Regulations 1961 ;

(i) the [S.I. 1963/1610.] National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) Regulations 1963 ;

(j) in the [1964 c. 42.] Administration of Justice Act 1964, section 24;

(k) the [S.I. 1966/1120.] National Insurance (Modification of the Metropolitan Police Staffs Superannuation Provisions) (Amendment) Regulations 1966;

(l) the [S.I. 1966/1589.] Superannuation (Transfers between Police and Metropolitan Police Staffs) Rules 1966.

(9) Notwithstanding the repeal by subsection (8)(f) of this section of section 24 of the Administration of Justice Act 1964, the [S.I. 1965/537.] 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.