Part XIN.I. General and Miscellaneous Provisions

Special classes of earnerN.I.

160 Crown employment.N.I.

(1)Subject to subsection (3), the following provisions shall apply to persons employed by or under the Crown in like manner as if such persons were employed by a private person—

(a)Chapter I of Part IV and the other provisions of this Act, so far as they relate to the preservation requirements;

(b)the remaining provisions of this Act, except for—

(i)sections F1. . . 149(2), 154(1) to (5), 158, 159 F2. . . and 171;

(ii)Chapter II of Part VII and sections 153 and 157;

(iii)section 162 and the provisions mentioned in subsection (2).

[F3(2)A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 39 and 41;

(c)section 44, so far as it relates to minimum contributions;

(d)sections 113, 150 and 151, and

(e)sections 156 and 162.]

(3)So far as subsection (1) relates to the provisions within paragraph (b) of that subsection, it does not apply to a person who is serving as a member of Her Majesty’s forces.

(4)Subject to subsections (3) and (5), a person who is serving as a member of Her Majesty’s forces shall, while he is so serving, be treated for the purposes of the provisions within subsection (1)(b) and those within subsection (2) (except for sections 150 and 162) as an employed earner in respect of his membership of those forces.

(5)The Secretary of State may make regulations modifying sections 37, 38, 42(1), 43(2) and (5) and 44 in such manner as he thinks proper, in their application to persons who are or have been members of Her Majesty’s forces.

(6)For the purposes of this section Her Majesty’s forces shall be taken to consist of such establishments and organisations as may be prescribed by regulations made by the Secretary of State, being establishments and organisations in which persons serve under the control of the Defence Council.

Textual Amendments

F1Words in s. 160(1)(b)(i) repealed (6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 165, 168, Sch. 4 para. 10, Sch. 5 Pt. IV; S.R. 1997/192, art. 2(b)