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Pensions (Increase) Act 1971

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1.

SCHEDULE 1Table for conversion of basic rate to 1969 standard

[Note:—The year to be taken is that in which the pension is, under section 8(2), to be treated as beginning.]

YearMultiplierYearMultiplierYearMultiplier
Any year up to19511.88619601.383
19521.72819611.338
19443.05219531.67519621.282
19452.58319541.64519631.258
19462.34819551.57419641.218
19472.32719561.50119651.162
19482.17919571.44819661.118
19492.11919581.40419671.091
19502.05919591.39719681.042

Sections 4, 5, 7 and 15.

SCHEDULE 2Official Pensions

PART IState Pensions

Ministerial and parliamentary

1A pension payable under section 3 of the [1965 c. 58.] Ministerial Salaries Consolidation Act 1965 (Prime Ministers).

2A pension payable under the [1832 c. 111.] Lord Chancellor's Pension Act 1832.

3A pension payable under [1959 c. 1 (8 & 9 Eliz. 2).] Mr. Speaker Morrison's Retirement Act 1959 or the [1965 c. 70.] Hon. Lady Hylton-Foster's Annuity Act 1965.

Civil Service

4A pension payable under the Superannuation Acts 1965 and 1967.

Administration of justice

5A pension payable under any of the following:—

(a)the [1876 c. 59.] Appellate Jurisdiction Act 1876 (Lords of Appeal);

(b)section 14 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 (higher judiciary in England and Wales);

(c)the [1808 c. 145.] Judges' Pensions (Scotland) Act 1808 (higher judiciary in Scotland);

(d)section 19 of the [1877 c. 57.] Supreme Court of Judicature Act (Ireland) 1877 (higher judiciary in Northern Ireland).

6A pension payable out of the Consolidated Fund or out of moneys provided by Parliament, under Part I of the [1950 c. 11 (14 & 15 Geo. 6).] Administration of Justice (Pensions) Act 1950 (widows and children of judges and senior officials in the legal system, including the Chairman and Deputy Chairman of the Monopolies Commission).

7A pension payable under section 9 of the [1934 c. 53.] County Courts Act 1934 (county court judges).

8A pension payable under section 20 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 or section 1 of the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

9A pension payable under section 34(1) of the [1951 c. 46.] Courts-Martial (Appeals) Act 1951 (Judge Advocate General).

10A pension payable under section 4(5) of the [1956 c. 34.] Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

11A pension payable under the [1954 c. 37.] Superannuation (President of the Industrial Court) Act 1954.

12A pension payable under section 2(6) of the [1949 c. 42.] Lands Tribunal Act 1949 to a former member of the Lands Tribunal.

13A pension payable under the Police Magistrates (Superannuation) Acts 1915 and 1929.

Police and firemen

14A pension payable by a Secretary of State under the [1945 c. 17 (9 & 10 Geo. 6).] Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

15A pension payable by a Secretary of State under the [1948 c. 24.] Police Pensions Act 1948 to a person who at the time of his retirement—

(a)was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945 ; or

(b)was engaged in service in respect of which the provisions of section 5 of the [1958 c. 14.] Overseas Service Act 1958 had effect; or

(c)was serving as an inspector or assistant inspector of constabulary under the [1964 c. 48.] Police Act 1964 or the [1967 c. 77.] Police (Scotland) Act 1967; or

(d)was engaged in central service pursuant to section 43 of the Police Act 1964 or section 38 of the Police (Scotland) Act 1967.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

16A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the [1947 c. 41.] Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Teachers

17A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18A pension payable under the Teachers (Superannuation) Acts 1918 to 1956.

This paragraph does not include—

(a)a pension specified in paragraph 56 of this Schedule ; or

(b)so much of any pension payable under the said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the [1956 c. 53.] Teachers (Superannuation) Act 1956.

19A pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the [S.I. 1957/356.] Teachers (Superannuation) (Scotland) Regulations 1957.

20A pension payable under regulations made under section 1 or section 7 of the [1967 c. 12.] Teachers' Superannuation Act 1967.

21A pension payable under the [1968 c. 12.] Teachers Superannuation (Scotland) Act 1968.

National health service

22A pension payable by a Secretary of State under or by virtue of any of the following:—

(a)section 6 of the [1946 c. 81.] National Health Service Act 1946 or of the [1947 c. 27.] National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals) ;

(b)section 67 or 68 of the National Health Service Act 1946 or section 66 or 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services).

23A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable—

(a)in pursuance of an order under section 11(9) of the National Health Service Act 1946 ; or

(b)under regulations made under section 60(2) of the [1958 c. 55.] Local Government Act 1958, section 85(4) of the [1963 c. 33.] London Government Act 1963 or section 35 of the [1968 c. 46.] Health Services and Public Health Act 1968.

National insurance

24A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the [1946 c. 67.] National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act. of former employees of approved societies etc.).

25A pension payable in pursuance of rules made under section 3 of the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the Superannuation Acts 1965 and 1967.

26A pension payable under section 79 of the [1965 c. 51.] National Insurance Act 1965 (National Insurance Commissioners).

Diplomatic, colonial and overseas service

27A pension payable under the Governors Pensions Acts 1957 and 1967.

28A pension payable under the [1948 c. 4 (12, 13 & 14 Geo. 6).] Judges Pensions (India and Burma) Act 1948.

29A pension payable under the [1869 c. 43.] Diplomatic Salaries &c. Act 1869.

Service in Ireland

30A pension payable under Schedule 8 to the [1920 c. 67.] Government of Ireland Act 1920 (former Irish civil servants).

31A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965.

32A pension payable under the enactments relating to pensions of the Royal Irish Constabulary.

This paragraph does not include a pension payable under regulations made under section 1 of the [1954 c. 17.] Royal Irish Constabulary (Widows' Pensions) Act 1954.

Miscellaneous

33A pension payable by a Secretary of State in respect of service as officer of a local valuation panel, under regulations made under section 85(4) of the [1963 c. 33.] London Government Act 1963.

34A pension payable under section 29 of the [1932 c. 25.] Finance Act 1932, section 60 of the [1945 c. 13 (9 & 10 Geo. 6).] Finance (No. 2) Act 1945 or section 62 of the [1946 c. 64.] Finance Act 1946 (compensation to tax collectors and assessors for loss of employment).

35A pension payable by way of residual compensation under Part IV of the [S.I. 1949/2289.] Gas (Staff Compensation) Regulations 1949 as amended by the [S.I. 1951/1327.] Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

36A widow's pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the [1914 c. 18 (5 & 6 Geo. 6).] Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations.

37A pension payable by a Secretary of State under regulations-made under section 17(5) of the [1966 c. 30.] Reserve Forces Act 1966 (civilian employees of Territorial and Auxiliary Forces Associations).

38A pension payable by a Secretary of State in respect of service with the St. Andrew's Ambulance Association, by reference to regulations made under section 4 of the [1968 c. 14.] Public Expenditure and Receipts Act 1968.

PART IIPensions out of Local Funds

Local government service

39A pension payable by a local authority in respect of service ending with local government service, other than a pension within paragraph 44, 45 or 52 of this Schedule or within the exception from paragraph 44.

Administration of justice

40A pension payable under section 33 of the [1949 c. 101.] Justices of the Peace Act 1949 (stipendiary magistrates).

41A pension payable by a local authority under Part I of the [1950 c. 11 (14 & 15 Geo. 6).] Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

42A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).

Police and firemen

43A pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following:—

(a)the [1948 c. 24.] Police Pensions Act 1948, or any enactment repealed by that Act or by the [1921 c. 31.] Police Pensions Act 1921;

(b)section 34 or 35 of the [1964 c. 48.] Police Act 1964 ;

(c)section 26 or 27 of the [1967 c. 77.] Police (Scotland) Act 1967.

This paragraph does not include a derivative pension other than a substituted pension, nor a substituted pension if the original pension was a derivative pension.

44A pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the [1947 c. 41.] Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

45A pension payable by a local authority, otherwise than as mentioned in paragraph 44 above, in respect of—

(a)service as a professional fireman (as defined by the [1925 c. 47.] Fire Brigade Pensions Act 1925); or

(b)service which, by or under any. enactment, is treated as approved service in a fire brigade.

46A derivative pension payable under the [1921 c. 31.] Police Pensions Act 1921 in respect of a person to whom the [S.R. & O. 1941/1271.] National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person's death or retirement.

Court and police staffs

47A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 in respect of—

(a)service as a justices' clerk or as the employee of a justices' clerk ; or

(b)service as a person employed by a magistrates' courts committee to assist a justices' clerk.

48A pension payable by the Greater London Council in respect of service ending with employment by the committee of magistrates for the inner London area.

49A pension payable by the Greater London Council under any enactment in respect of service in the employment of the standing joint committee for the county of London as clerk of the peace or deputy clerk of the peace or in any other capacity.

50A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).

51A pension payable by a local authority, or by a police authority in England or Wales other than a local authority, under any enactment other than section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a)service as a civilian employed under section 10 of the [1964 c. 48.] Police Act 1964 by such a police authority; or

(b)service as a traffic warden employed by such a police authority under section 2 of the [1960 c. 63.] Road Traffic and Roads Improvement Act 1960 or section 81(9) of the [1967 c. 76.] Road Traffic Regulation Act 1967.

52A pension payable by a police authority under regulations made under section 60(2) of the [1958 c. 55.] Local Government Act 1958, section 85(4) of the [1963 c. 33.] London Government Act 1963 or section 4 of the [1968 c. 14.] Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc.).

Probation and after-care service

53A pension payable in accordance with regulations under Schedule 4 to the [1953 c. 25.] Local Government Superannuation Act 1953 in respect of service as a probation officer or as a person appointed to assist a probation officer in the performance of his duties by a probation and after-care committee, by the Secretary of State or, before 1st July 1944, by a probation officer.

54A pension payable by a local authority in England and Wales in respect of service as a member of the staff of an approved probation home or an approved probation hostel.

55A pension payable by a probation and after-care committee under regulations made under section 60(2) of the [1958 c. 55.] Local Government Act 1958 or section 85(4) of the [1963 c. 33.] London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government).

Teachers and school staff

56A pension payable by a local authority under section 14(3)(b) of the [1925 c. 59.] Teachers (Superannuation) Act 1925.

57A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the managers of a non-provided school within the meaning of the [1921 c. 51.] Education Act 1921 or a voluntary school within the meaning of the [1944 c. 31.] Education Act 1944.

58A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the governing body of any school or educational institution (other than a public elementary school or a county or voluntary school) if the whole cost of maintaining the school or educational institution after deducting such part of the cost (if any) as is met by the governing body fell or falls to be met by the local authority.

59A pension payable by a local authority in respect of service as a member of the staff of an approved school.

Miscellaneous

60A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in section 40 of the [1937 c. 68.] Local Government Superannuation Act 1937 or section 34 of the [1937 c. 69.] Local Government Superannuation (Scotland) Act 1937.

61A pension payable under section 6 of the [1926 c. 59.] Coroners (Amendment) Act 1926 (county and borough coroners).

62A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the [1948 c. 26.] Local Government Act 1948 or section 92 of the [1967 c. 9.] General Rate Act 1967 by a local valuation panel.

63A pension payable by a local authority in respect of service ending with service as a rent officer or deputy rent officer under section 22 or 24 of the [1965 c. 75.] Rent Act 1965 or section 40 of the [1968 c. 23.] Rent Act 1968.

64A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) of this Act.

PART IIIOther Pensions

65A pension payable by the trustees of a trustee savings bank or by the Inspection Committee of trustee savings banks.

66A pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission.

In relation to a pension within this paragraph the Minister for the Civil Service shall be taken to be the pension authority.

67A pension payable by the Greater London Council or the council of a London borough under section 80(9) to (11) of the [1933 c. 14.] London Passenger Transport Act 1933.

68A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.

Sections 7 and 17.

SCHEDULE 3Further Administrative, Incidental and Consequential Provisions

Liability for cost of increase of certain local authority, police and fire service pensions

1(1)Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority.

(2)For the purposes of this paragraph, " the last employing authority " means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority ; and where they have been so transferred, " the last employing authority " means the authority by whom those functions are for the time being exercisable.

(3)Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State.

(4)Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the [1890 c. 45.] Police Act 1890 and section 10 of the [1921 c. 31.] Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.

(5)This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 and 63.

2(1)Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund.

(2)Where a pension to which this paragraph applies is increased under this Act, and—

(a)the pension is payable partly in respect of service in respect of which another such pension was payable (" the previous service ") and partly in respect of further service rendered after the termination of the previous service; and

(b)different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned ;

then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority).

(3)Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1.

(4)This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2.

Pensions of former civil servants payable by Post Office

3It shall be the duty of the Post Office to increase in accordance with this Act any pension which is payable under the Superannuation Acts 1965 and 1967 but in relation to which the Post Office are the pension authority by virtue of section 44 of the [1969 c. 48.] Post Office Act 1969 ; and where under that Act part of a pension so payable is to be paid by the Post Office and part is not, this Act shall apply as if the two parts were separate pensions.

Re-employed teachers

4Any reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained—

(a)in regulation 50 of the [S.I. 1967/489.] Teachers' Superannuation Regulations 1967, as inserted by regulation 13 of the [S.I. 1970/10.] Teachers' Superannuation (Amendment) Regulations 1970 ; or

(b)in regulation 50 of the [S.I. 1969/77.] Teachers Superannuation (Scotland) Regulations 1969 ;

shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act (but without prejudice to the power to vary or revoke those regulations).

Retired staff of former approved schools etc.

5In Schedule 3 to the [1969 c. 54.] Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostel or approved probation home), for paragraph 1(3) there shall be substituted—

(3)In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.

Meaning of " local authority " and " local government service "

6(1)For the purposes of this Act " local authority " means—

(a)in England and Wales the Greater London Council, the Common Council of the City of London, the council of a county, county borough, London borough or county district and any other local authority within the meaning of the [1875 c. 83.] Local Loans Act 1875 ; and

(b)in Scotland any county council, town council or district council and any other authority to whom section 270 of the [1947 c. 43.] Local Government (Scotland) Act 1947 applies.

(2)References in this Act to a local authority shall apply also—

(a)to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities ; and

(b)to any other joint committee established by a combination scheme under section 5(1) and (2) of the Local Government and other [1922 c. 59.] Officers' Superannuation Act 1922 or under section 2 of the [1937 c. 68.] Local Government Superannuation Act 1937 or the [1937 c. 69.] Local Government Superannuation (Scotland) Act 1937; and

(c)in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937, any passenger transport executive established under section 9(1) of the [1968 c. 73.] Transport Act 1968.

7(1)For the purposes of this Act " local government service " means service under any local authority, but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority.

(2)The enactments referred to in sub-paragraph (1) above are—

(a)the following enactments (which relate to war service), that is to say.—

(i)sections 2 and 3 of the [1916 c. 12.] Local Government (Emergency Provisions) Act 1916 ;

(ii)section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

(iii)section 3 of the [1939 c. 94.] Local Government Staffs (War Service) Act 1939 ; and

(b)section 51(4) (firemen employed in training institutions) of the [1949 c. iv.] London County Council (General Powers) Act 1949.

Section 10.

SCHEDULE 4Overseas Government Pensions (India, Pakistan and Burma)

1A pension which would be payable out of the revenues of India or Pakistan but for arrangements to which section 1 of the [1955 c. 22.] Pensions (India, Pakistan and Burma) Act 1955 applies.

2A pension payable out of the revenues of India or Pakistan to a person resident outside India, Pakistan, Burma and Aden in respect of any relevant services to the Crown, being either—

(a)service which ended before 15th August 1947 ; or

(b)service of which the termination was attributable to the passing of the [1947 c. 30.] Indian Independence Act 1947 ; or

(c)service which began at a time earlier than 15th August 1947 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

The service relevant to this paragraph is service by virtue of which the pensioner has pension rights in relation to any of the funds listed below and any other service in a civil capacity ; it is immaterial whether the service was rendered by the pensioner or by another person, and " pension rights " includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

List of funds

(i)

The Bengal Military Fund and Orphans' Society ;

(ii)

The Bombay Military Fund ;

(iii)

The Madras Military Fund ;

(iv)

The Madras Medical Fund ;

(v)

The Indian Navy Fund ;

(vi)

The Indian Civil Service Family Pension Fund (Untransferred);

(vii)

The Superior Services (India) Family Pension Fund (Untransferred);

(viii)

The Indian Military Widows' and Orphans' Fund (Untransferred) ;

(ix)

The Indian Military Services Family Pension Fund (Untransferred);

(x)

The Bengal and Madras Service Family Pension Fund.

3A derivative pension payable in respect of service in respect of which the principal pension would have fallen within any paragraph of this Schedule or within section 10(b) of this Act, and by virtue of which the pensioner has pension rights in relation to any of the funds listed below; " pension rights " includes all forms of right to, or eligibility for, payment of a pension.

List of funds

(i)

The Indian Civil Service Family Pension Fund (Transferred);

(ii)

The Superior Services (India) Family Pension Fund (Transferred);

(iii)

The Indian Military Widows' and Orphans' Fund (Transferred);

(iv)

The Indian Military Service Family Pension Fund (Transferred).

4A pension payable from the revenues of Burma to a person resident outside Burma, India, Pakistan and Aden and payable in respect of service in a civil capacity in Burma, being either—

(a)service which ended before 4th January 1948 ; or

(b)service of which the termination was attributable to the passing of the [1947 c. 3 (11 & 12 Geo. 6).] Burma Independence Act 1947 ; or

(c)service which began at a time earlier than 4th January 1948 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

5A pension payable to or in respect of a member of the staff of the High Commissioner for India or the High Commissioner for Pakistan who at some time before he was transferred to the staff of the High Commissioner had been an officer or servant on the permanent establishment of the Secretary of State in Council of India.

6A pension payable to or in respect of a person who was appointed to the staff of the Auditor of the Accounts of the Secretary of State for India in Council before the 1st April 1937.

7A pension payable to or in respect of a European officer or European warrant officer of the Royal Indian Marine.

Section 11.

SCHEDULE 5Other Overseas Government Pensions

1A pension in respect of service under the government of an overseas territory by a person who—

(a)was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Oversea Governments and Administrations ; or

(b)was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Oversea Governments and Administrations ; or

(c)was at any time a member of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary ; or

(d)was at any time a designated officer under an Overseas Service Aid Scheme Agreement.

2A pension in respect of service under the Sudan Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 17th July 1954.

3A pension in respect of service under the Egyptian Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 15th March 1922, and who was a British subject when he entered such service.

4A pension for the payment of which the Crown assumed responsibility under the Instrument of Cession of Sarawak dated 21st May 1946 or the North Borneo Transfer Agreement dated 26th June 1946.

5A pension in respect of service in any of the armed forces of the Crown raised in an overseas territory, not being a pension payable under any warrant or other instrument made by virtue of Her Majesty's prerogative in respect of such forces.

6A pension in respect of service in an auxiliary or special police force raised in an overseas territory, not being a pension payable to or in respect of a person who at the time of his retirement either—

(a)was engaged as mentioned in section 1(1) of the [1945 c. 17 (9 & 10 Geo. 6).] Police (Overseas Service) Act 1945 ; or

(b)was engaged in service in respect of which the provisions of section 5 of the [1958 c. 14.] Overseas Service Act 1958 had effect;

nor a pension payable under any warrant or other instrument made by virtue of Her Majesty's prerogative in respect of such forces.

Section 13.

SCHEDULE 6Employments Relevant to Section 13(2)

The following employments shall be included in section 13(2)(a) of this Act, namely.—

(a)employment in the College of Domestic Arts of South Wales and Monmouthshire;

(b)employment by the Wheat Commission ;

(c)employment (otherwise than as a constable) under the Commissioner of Police of the Metropolis or the Receiver for the metropolitan police district, being employment remunerated out of the Metropolitan Police Fund;

(d)service as a justices' clerk for the inner London area or other officer employed by the committee of magistrates for that area, other than service to which Regulation 2(1) of the [S.I. 1965/537.] Superannuation (Inner London Magistrates' Courts) Regulations 1965 applies;

(e)employment as an officer of a Regional Hospital Board, Board of Governors of a teaching hospital (or, in Scotland, Board of Management), Executive Council or other body constituted under the [1946 c. 81.] National Health Service Act 1946 or the [1947 c. 27.] National Health Service (Scotland) Act 1947 and any other employment as an officer engaged in health services provided under either of those Acts or otherwise (but not including health services provided by a local health authority or other local authority) ;

(f)practice as a medical practitioner providing general medical services or as a dental practitioner providing general dental services (within the meaning of the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947);

(g)employment to which the Oversea Superannuation Scheme applied;

(h)any other employment specified for this purpose by regulations of the Minister for the Civil Service.

Section 18.

SCHEDULE 7Consequential Repeals

ChapterShort TitleExtent of Repeal
10 & 11 Geo. 5. c. 36.The Pensions (Increase) Act 1920.The whole Act.
14 & 15 Geo. 5. c. 32.The Pensions (Increase) Act 1924.The whole Act.
7 & 8 Geo. 6. c. 21.The Pensions (Increase) Act 1944.The whole Act.
10 & 11 Geo. 6. c. 7.The Pensions (Increase) Act 1947.The whole Act.
11 & 12 Geo. 6. c. 24.The Police Pensions Act 1948.In Schedule 1, paragraphs 15 and 20.
12, 13 & 14 Geo. 6. c. 44.The Superannuation Act 1949.Section 48(1) to (4).
Section 62(3).
15 & 16 Geo. 6 & 1 Eliz. 2. c. 45.The Pensions (Increase) Act 1952.The whole Act.
1 & 2 Eliz. 2. c. 25.The Local Government Superannuation Act 1953.In Schedule 4, paragraph 4.
2 & 3 Eliz. 2. c. 25.The Pensions (Increase) Act 1954.The whole Act.
3 & 4 Eliz. 2. c. 22.The Pensions (India, Pakistan and Burma) Act 1955.Section 3(1), except the words preceding paragraph (a) and except paragraph (c).
In Schedule 2, Parts I and II.
4 & 5 Eliz. 2. c. 39.The Pensions (Increase) Act 1956.The whole Act.
6 & 7 Eliz. 2. c. 64.The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958.In Schedule 4, paragraphs 5 and 19.
7 & 8 Eliz. 2. c. 50.The Pensions (Increase) Act 1959.The whole Act.
8 & 9 Eliz. 2. c. 9.The Judicial Pensions Act 1959.Section 7(1) and (2).
10 & 11 Eliz. 2. c. 30.The Northern Ireland Act 1962.Section 26(2).
11 & 12 Eliz. 2. c. 2.The Pensions (Increase) Act 1962.The whole Act.
1965 c. 11.The Ministerial Salaries and Members' Pensions Act 1965,Section 17.
1965 c. 58.The Ministerial Salaries Consolidation Act 1965.Section 3(3) from "but" onwards.
1965 c. 78.The Pensions (Increase) Act 1965.The whole Act.
1969 c. 7.The Pensions (Increase) Act 1969.The whole Act.

Section 18.

SCHEDULE 8Repeals of Spent Provisions

PART IOutright Repeals

ChapterShort TitleExtent of Repeal
1 & 2 Geo. 6. c. 31.The Scottish Land Court Act 1938.Section 1(3)
11 & 12 Geo. 6. c. 26.The Local Government Act 1948.In section 140, in subsection (1), the words " the Central Valuation Committee, the Railway Assessment Authority ", and subsection (3)(f) with the preceding " and ".
11 & 12 Geo. 6. c. 33.The Superannuation (Miscellaneous Provisions) Act 1948.Section 13, so far as unrepealed.
8 & 9 Eliz. 2. c. 9.The Judicial Pensions Act 1959.Section 3(2).
Section 7(3).
Section 9(3).
1967 c. 73.The National Insurance Act 1967.In Schedule 7, paragraph 7.
1969 c. 44.The National Insurance Act 1969.Section 10(2).
1969 c. 63.The Police Act 1969.Section 5.
1970 c. 51.The National Insurance (Old persons' and widows' pensions and attendance allowance) Act 1970.Section 8(6).

PART IIRepeals with saving for Existing Pensions

ChapterShort TitleExtent of Repeal
No repeal included in this Part of this Schedule shall affect the operation of any enactment (including an enactment of the Parliament of Northern Ireland) in relation to pensions for service ending before the passing of this Act.
8 Edw. 7. c. 38.The Irish Universities Act 1908.Section 16(8).
9 & 10 Geo. 5. c. 19.The Local Government (Ireland) Act 1919.Section 8.
10 & 11 Geo. 5. c. 67.The Government of Ireland Act 1920.Section 9(4).
Sections 54 and 55.
Sections 57 to 59.
In section 68, subsection (1) from the words " or any Act" onwards and subsection (2).
Schedule 8.
13 Geo. 5. Sess. 2. c. 2.The Irish Free State (Consequential Provisions) Act 1922 (Session 2).In Schedule 1, paragraph 7(2).
25 & 26 Geo.5. c. 23.The Superannuation Act 1935.Section 18(2).
12, 13 & 14 Geo.6. c. 44.The Superannuation Act 1949.Section 56.
10 & 11 Eliz. 2. c. 30.The Northern Ireland Act 1962.Section 26(1) and (3).
1965 c. 74.The Superannuation Act 1965.Section 101.

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