Superannuation Act 1972

Section 29.

SCHEDULE 7 Savings and Transitional Provisions

Provisions relating to civil servants, etc.

1 (1) The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted before the commencement of this Act under the Superannuation Acts 1965 and 1967 or any pension, allowance or gratuity deemed by paragraph 1 of Schedule 10 to the [1965 c. 74.] Superannuation Act 1965 to have been granted under that Act, and subject to sub-paragraph (2) below, the pension, allowance or gratuity shall be deemed to have been granted under the principal civil service pension scheme within the meaning of section 2 of this Act.

(2) Without prejudice to section 23 of this Act, sub-paragraph (1) above shall not apply in relation to a pension, allowance or gratuity granted under the said Acts of 1965 and 1967—

(a) to a person who, immediately before the pension, allowance or gratuity was granted to him, was a person listed in Schedule 5 to this Act; or

(b) by virtue of any provision of the [1957 c. 62.] Governors' Pensions Act 1957, to a Governor within the meaning of that Act.

(3) Any person who before the commencement of this Act duly elected under section 4(6) of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 that the said Act of 1965 should apply to him as if his service as a Governor had been passed in the home civil service shall be deemed to have elected that the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force should so apply to him.

2 (1) Any determination, decision, surrender, election or nomination made, certificate, direction, notice or approval given, contribution paid or other thing done under any provision of the Superannuation Acts 1965 and 1967 which is repealed by this Act shall not be affected by the repeal but shall have effect as if made, given or done under the corresponding provision of the principal civil service pension scheme within the meaning of section 2 of this Act.

(2) Section 3 of this Act shall apply in relation to payments made before the commencement of this Act in accordance with a warrant under section 18 of the Superannuation Act 1965 or a warrant issued by virtue of section 6 of the [1965 c. 58.] Ministerial Salaries Consolidation Act 1965 as it applies in relation to payments made in accordance with a scheme made under the said section 1.

(3) Section 4(1) of this Act shall apply in relation to any person to whom a payment was made under section 93 of the [1965 c. 74.] Superannuation Act 1965 as it applies in relation to any person to whom a payment is made under the said section 4(1).

3 Any reference in any Act or document to the Superannuation Act 1965, to the Superannuation Acts 1965 and 1967 or to any provision of the said Act of 1965, shall, except in so far as the context otherwise requires, be construed as, or as including, a reference to the principal civil service pension scheme within the meaning of section 2 of this Act or to the corresponding provision of that scheme, as the case may be.

Provisions relating to persons employed in local government service, etc.

4 The repeal of any enactment by this Act shall not affect any superannuation benefit—

(a) granted under or by virtue of the Local Government Superannuation Acts 1937 to 1953 before the coming into operation of section 7 of this Act in England and Wales ; or

(b) granted under or by virtue of the Local Government Superannuation (Scotland) Acts 1937 to 1953 before the coming into operation of the said section 7 in Scotland ; or

(c) granted under any provision of the [1973 c. 68.] Local Government Superannuation Act 1937, or of the [1937 c. 69.] Local Government Superannuation (Scotland) Act 1937, which was repealed by the [1953 c. 25.] Local Government Superannuation Act 1953.

5 (1) Notwithstanding any repeal made by this Act—

(a) the provisions of the enactments listed in the Table below, as amended, extended or applied by or under any other enactment, and

(b) the provisions of any instrument (including a scheme) made under an enactment so listed, being provisions in force immediately before the commencement of this Act,

shall, as from the said commencement, have effect, with the necessary adaptations and modifications, as provisions of regulations under section 7 or, in so far as they apply in relation to local Act schemes, section 8(2) of this Act, and may be revoked or amended accordingly.

(2) Any reference in any enactment or document to any such enactment or instrument as is referred to in sub-paragraph (1) above or any provision thereof (including such a reference in any such enactment or instrument) shall, except in so far as the context otherwise requires, be construed as a reference to so much of regulations made under the said section 7 or, as the case may be, section 8(2) as by virtue of sub-paragraph (1) above consists of that enactment, instrument or provision.

TABLE

ENACTMENTS APPLYING TO ENGLAND AND WALES

1. The [1937 c. 68.] Local Government Superannuation Act 1937, except sections 17(2), 26(4), 32 and 34, the proviso to section 35, sections 37, 39 and 41 and Part II of Schedule 1.

2. Sections 3 to 9 of the [1939 c. 94.] Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).

3. Sections 6 and 7 of the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of " contributory employee ", " local Act scheme ", " local Act contributor " and " local authority ".

4. Section 72 of the [1948 c. 65.] Representation of the People Act 1948.

5. Paragraph 8(6) of Schedule 2 to the [1949 c. 101.] Justices of the Peace Act 1949.

6. The [1953 c. 25.] Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

7. Section 77(3) of the [1963 c. 33.] London Government Act 1963.

8. Section 97(1) of the [1963 c. 38.] Water Resources Act 1963.

9. Paragraph 5(5) of Schedule 4 to the [1964 c. 48.] Police Act 1964.

10. Paragraph 2 of Schedule 1 to the [1964 c. 75.] Public Libraries and Museums Act 1964.

11. Paragraphs 13 and 14 of Schedule 10 to the [1971 c. 23.] Courts Act 1971.

ENACTMENTS APPLYING TO SCOTLAND

1. The [1937 c. 69.] Local Government Superannuation (Scotland) Act 1937, except sections 22(3), 28, 29, the proviso to section 30, sections 32 and 33, and Part II of Schedule 1.

2. Sections 3 to 9 of the [1939 c. 94.] Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).

3. Section 3 of the [1946 c. 77.] Association of County Councils (Scotland) Act 1946.

4. Sections 6 and 7 of the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of " contributory employee ", " local Act scheme ", " local Act contributor " and " local authority ".

5. Section 14(2) and (3) of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951.

6. The [1953 c. 25.] Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

Provisions relating to teachers

6 (1) Regulations made under any provision of the [1967 c. 12.] Teachers Superannuation Act 1967 and in force immediately before the coming into operation of section 9 of this Act in England and Wales shall be deemed to be regulations made under the said section 9 in its application to England and Wales.

(2) Any contribution paid, direction given, or other thing done, under section 3, 4 or 5 of the said Act of 1967 or Schedule 1 thereto shall not be affected by the repeal of those enactments but shall have effect as if paid, given or done under the corresponding provision of regulations made under the said section 9 in its application to England and Wales.

(3) Nothing in any regulations made under the said section 9 in its application to England and Wales shall affect the operation of any enactment repealed by the said Act of 1967 in relation to—

(a) any annual allowance which began to accrue before 1st April 1967 under the Teachers (Superannuation) Acts 1918 to 1956;

(b) any additional allowance or gratuity which became payable under those Acts before that date ; or

(c) any liability to pay contributions in respect of the person to or in respect of whom any such allowance or gratuity was granted;

and nothing in any such regulations shall affect the operation of section 2(2) of the [1965 c. 83.] Teachers Superannuation Act 1965 (which, in relation to certain allowances, etc. preserved the effect of certain enactments and other provisions amended, repealed or revoked by that Act).

7 (1) Regulations made under any provision of the [1968 c. 12.] Teachers Superannuation (Scotland) Act 1968 and in force immediately before the coming into operation of section 9 of this Act in Scotland shall be deemed to be regulations made under the said section 9 in its application to Scotland.

(2) Any pension, allowance, gratuity or contribution payable, direction given or other thing done in respect of employment as a teacher in Scotland before the coming into operation of the said section 9 in Scotland shall thereafter be deemed to be payable or to be given or done under regulations made under that section in its application to Scotland.

Provisions relating to persons engaged in health services, etc.

8 (1) Regulations made under section 67 of the [1946 c. 81.] National Health Service Act 1946 and in force immediately before the coming into operation of section 10 of this Act in England and Wales shall be deemed to be regulations made under the said section 10 in its application to England and Wales; and any direction given under section 9(1) of the [1966 c. 8.] National Health Service Act 1966 shall continue to have effect in relation to those regulations, notwithstanding the repeal by this Act of the said section 9(1).

(2) Sub-paragraph (1) above shall have effect in Scotland with the substitution for the reference to section 67 of the National Health Service Act 1946 of a reference to section 66 of the [1947 c. 27.] National Health Service (Scotland) Act 1947 and for the reference to England and Wales of a reference to Scotland.

9 Regulations made under section 35 of the [1968 c. 46.] Health Services and Public Health Act 1968 and in force immediately before the commencement of this Act shall be deemed to be regulations made under section 24 of this Act.

Provisions relating to other persons

10 (1) The repeal of sections 2 and 3 of the [1950 c. 3 (14 & 15 Geo. 6.).] Exchequer and Audit Departments Act 1950 by this Act shall not affect any pension granted under the said section 2, or any pension, allowance or gratuity granted by virtue of the said section 3, before the commencement of this Act, and accordingly any such pension, allowance or gratuity shall continue to be charged on and issued out of the Consolidated Fund.

(2) Any election duly made under the said section 2 shall be deemed to have been so made under section 13 of this Act.

11 The repeal by this Act of section 665 of the [1894 c. 60.] Merchant Shipping Act 1894 shall not affect any allowance or compensation granted under that section before the commencement of this Act, and any allowance or compensation so granted shall be deemed to have been granted in accordance with arrangements made under section 1A of the [1898 c. 44.] Merchant Shipping (Mercantile Marine Fund) Act 1898, as inserted by section 17 of this Act.

12 The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted under section 79(8) of the [1930 c. 44.] Land Drainage Act 1930, section 80(7) thereof or section 53 of the [1950 c. 1.] Thames Conservancy Act 1950 before the commencement of this Act, and any such pension, allowance or gratuity shall continue to be paid as if this Act had not been passed.

13 Notwithstanding the repeal by this Act of sub-paragraphs (i), (ii) and (iii) of section 6(2)(d) of the [1949 c. 39.] Commonwealth Telegraphs Act 1949, regulations made by virtue of those sub-paragraphs shall continue to have effect in so far as immediately before the commencement of this Act they apply to any persons, other than persons employed in the civil service of the State, and may be varied or revoked as if the said sub-paragraphs had not been repealed.

Provisions relating to certain rules

14 Nothing in this Act shall affect the operation of any rules made under any of the following enactments, namely, section 2 of the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 and sections 38, 39A and 42(1) of the [1965 c. 74.] Superannuation Act 1965, and any such rules in force at the commencement of this Act, shall, unless and until revoked, but subject to any amendments made therein in exercise of the power to vary them, continue to have effect as if this Act had not been passed.

15 Notwithstanding the repeal by this Act of section 1 of the Superannuation (Miscellaneous Provisions) Act 1948, rules made under that section in relation to such a person as is referred to in subsection (1)(b) of that section and in force immediately before the commencement of this Act shall continue in force subject to the like power of variation or revocation as if the said section 1 had not been repealed.