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SCHEDULES

SCHEDULE 10Transitional Provisions

PART IVJudges, Officers and Staff

Superannuation etc.

11The repeal by this Act of provisions in Schedule 1 to the [1957 c. 20.] House of Commons Disqualification Act 1957 shall not affect the operation of section 4 of the [1959 c. 9 (8 & 9 Eliz. 2).] Judicial Pensions Act 1959 (holders of high judicial office who are former holders of other judicial offices).

12(1)The repeal by this Act of section 10 of the [1956 c. 34.] Criminal Justice Administration Act 1956 shall not affect the continuing, liability of the city council of Liverpool or the city council of Manchester to pay to the Lord Chancellor under subsection (2) of that section, at such times as may be agreed between him and the council concerned, one-half or such other part as may with the concurrence of the Treasury be so agreed, of any sums payable under that Act on account of any pension or other benefit payable after the appointed day in respect of any person's service as Recorder of Liverpool or Recorder of Manchester at any time before that day.

(2)Any sums received by the Lord Chancellor by virtue of this paragraph shall be paid into the Exchequer.

13(1)The provisions of this paragraph apply in relation to a contributory employee, within the meaning of the [1937 c. 68.] Local Government Superannuation Act 1937.—

(a)whose office is abolished under section 44(1) of this Act or who otherwise ceases to be employed for the purpose of any function as a result of any of the matters referred to in paragraphs (a) to (c) of section 44(2) of this Act; and

(b)who, after the date of that abolition or cessation of employment, either continues in the employment of the same authority as before that date or becomes, as soon as practicable after that date, employed by the authority which before that date was responsible in whole or in part for the payment of his remuneration ; and

(c)who suffers a reduction in remuneration in consequence of the abolition of his office or cessation of employment as mentioned in paragraph (a) above.

(2)A contributory employee to whom this paragraph applies shall be entitled to contribute or, as the case may be, to continue to contribute, to the superannuation fund (within the meaning of Part I of the Local Government Superannuation Act 1937) maintained by the authority referred to in sub-paragraph (1)(b) above the like amount as if his remuneration had not been reduced.

(3)For the purpose of determining the amount of any benefit which becomes payable to or in respect of a contributory employee to whom this paragraph applies and who, by virtue of sub-paragraph (2) above, paid contributions as if his remuneration had not been reduced, the contributory employee shall be treated as having received the remuneration which he would have received but for the reduction referred to in sub-paragraph (1)(c) above.

(4)Any reference in the preceding provisions of this paragraph to the reduction of an employee's remuneration includes, in the case of a person who also held office as a clerk of the peace or deputy clerk of the peace to whom paragraph B or paragraph C of Part II of Schedule 2 to the Local Government Superannuation Act 1937 applied immediately before the appointed day, a reference to the case where his remuneration ceased to be deemed to be increased under one or other of those paragraphs by an amount equal to his salary as clerk of the peace or deputy clerk of the peace.

14(1)Subject to sub-paragraph (2) below, on the abolition under section 44(1)(a) of this Act of a person's office as deputy clerk of the peace of a county, being a person who was also in the employment of the county council concerned, the provisions of Part I of the [1937 c. 68.] Local Government Superannuation Act 1937 relating to the return of contributions shall apply to him as if—

(a)the abolition of his office were a ground for the return of contributions under the said Part I, and

(b)the sum payable to him under the said Part I were a sum equal to the amount by which the contributions paid by and in respect of him had been increased by reason of any provision of Part II of Schedule 2 to that Act.

(2)Sub-paragraph (1) above shall not apply in the case of a person who is a contributory employee to whom the preceding paragraph applies and who exercises the right given to him by sub-paragraph (2) of that paragraph to pay contributions of the like amount as if his remuneration had not been reduced.

15(1)In relation to any person who, before the day appointed for the coming into force of section 44(1)(a) of this Act held office as a clerk of the peace or a deputy clerk of the peace, the repeal by this Act of—

(a)section 9(2) of the [1931 c. 45.] Local Government (Clerks) Act 1931,

(b)any provision of the [1953 c. 25.] Local Government Superannuation Act 1937,

(c)any provision of the [1964 c. 42.] Local Government Superannuation Act 1953, and

(d)sections 8 and 29 of the Administration of Justice Act 1964,

shall not affect the continued operation of those provisions or of any regulations made under them so far as they relate to rights accrued, contributions made and other things done before that day.

(2)Without prejudice to sub-paragraph (1) above, for the purposes of—

(a)any statutory provision contained in or made or issued under the Local Government Superannuation Acts 1937 to 1953, the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the [1965 c. 51.] National Insurance Act 1965, which is in force at the passing of this Act, and

(b)except as may be otherwise expressly provided therein, any enactment passed after the passing of this Act whereby any of those Acts is amended, extended or superseded, and any statutory instrument which after the passing of -this Act is made or issued under any of those Acts or such an enactment,

in any case where, at a time after the day appointed for the purposes of section 44(1) of this Act, a court of quarter sessions would, if this Act had not been passed, have been the employing authority in relation to a clerk of the peace, deputy clerk of the peace or other officer of the court who before that day died while serving, or otherwise ceased to serve, in that employment, or in relation to the widow or any other dependant of such a person, the relevant local authority, as denned in sub-paragraph (3) below, shall be treated as being at that time the employing authority in relation to that person or, as the case may be, to that person's widow or other dependant.

(3)In sub-paragraph (2) above " the relevant local authority" means—

(a)in relation to a person, or the widow or other dependant of a person, who was clerk of the peace or deputy clerk of the peace for a London commission area or who was otherwise an officer of the court of quarter sessions for such an area, the Greater London Council; and

(b)in relation to any person, or the widow or other dependant of any person, not falling within paragraph (a) above, the county council which, immediately before the day appointed for the purposes of section 44(1) of this Act, defrayed expenditure of the court of quarter sessions concerned under section 29(9) of the [1964 c. 42.] Administration of Justice Act 1964.

16(1)The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, give a direction with respect to any clerk, bailiff, usher or messenger of a county court appointed by the registrar of that court under the proviso to section 28(1) of the [1959 c. 22.] County Courts Act 1959 (which relates to the case where the registrar's salary includes the remuneration of any such officer) or deemed to have been so appointed by virtue of section 205 of that Act; and where a direction is so given then, subject to sub-paragraph (2) below, that person's employment in court service shall be deemed for all purposes to be employment in the civil service of the State and, if a certificate has been issued to him by the Civil Service Commissioners, allowances may in his case be granted accordingly under the Superannuation Acts 1965 and 1967.

(2)Except in so far as the Minister for the Civil Service directs in any case, no account shall be taken for the purposes of this paragraph of court service before the issue of the certificate.

(3)For the purpose of this paragraph " court service" means employment as a clerk, bailiff, usher or messenger in the service of a county court, whether or not combined with employment as a clerk in the service of a district registry of the High Court.