The Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1970

Statutory Instruments

1970 No. 768

CIVIL AVIATION

The Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1970

Made

18th May 1970

Coming into Operation

1st June 1970

The Board of Trade, in exercise of their powers under section 24 of the Air Corporations Act 1967 and of all other powers enabling them in that behalf, after consulting with each of the Corporations and with such organisations representative of the employees to whom the Regulations will relate as appear to the Board to be appropriate, hereby make the following Regulations:—

1.—(1) These Regulations shall come into operation on 1st June 1970 and may be cited as the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1970.

(2) These Regulations—

(a) shall be construed as one with the Air Corporations (General Staff Pensions) Regulations 1948(1);

(b) may be cited together with the Air Corporations (Pensions) Regulations 1948 to 1969(2) as the Air Corporations (Pensions) Regulations 1948 to 1970.

(3) The Interpretation Act 1889 shall apply for the purpose of the interpretation of these Regulations as it applies for the purpose of the interpretation of an Act of Parliament.

2.—(1) The Joint Pension Scheme established and maintained by virtue of the Air Corporations (Pensions) Regulations 1948 to 1969 shall be in accordance with the provisions of the Trust Deed and Amending Deeds, copies of which are set out in the Schedules to those Regulations as further amended by a Deed dated 10th March 1970 a copy of which is set out in the Schedule to these Regulations.

(2) The said Deed dated 10th March 1970 is accordingly confirmed and shall come into operation on 1st June 1970.

3.  BEA Airtours Limited (being a subsidiary of the British European Airways Corporation) whose employees are admitted to the Scheme by virtue of the said Deed dated 10th March 1970, and each of their employees who is a member of the Scheme shall, for the purpose of providing funds from which benefits under the said Scheme may be paid, pay contributions in accordance with the provisions of the said Trust Deeds.

4.  Contributions and benefits shall be paid in respect of the service of such an employee with BEA Airtours Limited before the coming into force of these Regulations in accordance with the provisions of the said Trust Deeds.

Geoffrey Parker

An Under Secretary of the Board of Trade

18th May 1970

SCHEDULE

THIS DEED is made the tenth day of March One thousand nine hundred and seventy BETWEEN BRITISH OVERSEAS AIRWAYS CORPORATION whose principal office is situate at Speedbird House, Heathrow Airport (London) Hounslow in the County of Middlesex and BRITISH EUROPEAN AIRWAYS CORPORATION whose principal office is situate at Bealine House Ruislip in the County of Middlesex BOAC RESTAURANTS LIMITED and BEA HELICOPTERS LIMITED (hereinafter called “the Employers”) of the first part BEA AIRTOURS LIMITED (hereinafter called “Airtours”) of the second part Rankin Lorimer Weir Derek Harding Glover Angus John Dore Betts Robert Gilchrist Cunningham Ralph Arthur Fuller Charles Victor Green Cyril Alfred Herring Oliver James Hinch Reginald Banwell Johnson Charles George Klimcke Thomas Nisbet and John Charles William Springbett the Management Trustees for the time being of The Airways Corporations Joint Pension Scheme (hereinafter called “the Management Trustees”) of the third part and AIRWAYS CORPORATIONS JOINT PENSION FUND TRUSTEES LIMITED (hereinafter called “the Custodian Trustees” which expression shall include the Custodian Trustees for the time being) of the fourth part AND IS supplemental to the various Deeds set out in the Air Corporations Pensions Regulations 1948 to 1969.

WHEREAS

(1) Airtours is a subsidiary of British European Airways Corporation for the purposes of Section 24 of the Air Corporations Act 1967.

(2) The parties hereto are desirous of extending the Airways Corporations Joint Pension Scheme so as to enable employees of Airtours to be admitted to membership of the Scheme.

(3) At a meeting of the Management Trustees held on the tenth day of September One thousand nine hundred and sixty nine the said Rankin Lorimer Weir and the said Robert Gilchrist Cunningham were appointed to execute this Deed in accordance with the provisions of Clause 18 of the Trust Deed.

NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:—

1.

Airtours shall be deemed to be a party to the various Deeds set out in the Air Corporations Pensions Regulations 1948 to 1969.

2.

Airtours shall enjoy all the rights and shall assume all the obligations of an Employer arising under the Trust Deed and Rules of the Scheme.

3.

The Trust Deed shall be amended as follows:—

(a) In Clause 1 of the Trust Deed for the definition of “Employer” there shall be substituted the following definition:—

“Employer” means whichever of the following persons or bodies is the Employer of a Member for the time being:—

(a)

British Overseas Airways Corporation

(b)

British European Airways Corporation

(c)

BOAC Restaurants Limited

(d)

BEA Helicopters Limited

(e)

BEA Airtours Limited

(b) In Clauses 19A and 19A(a) the words “BRL or Helicopters” shall be deleted and replaced by the words “BRL, Helicopters or Airtours”.

4.

Save as expressly altered amended or varied hereby the Trust Deed and the Schedules thereto as heretofore amended shall continue and remain in force and shall have effect as if the alterations amendments or variations herein set out were where applicable inserted therein.

5.

This Deed is conditional on its being confirmed by Regulations made by the Board of Trade under Section 24 of the Air Corporations Act 1967 and if so confirmed shall come into force on such date as may be specified in that behalf in such Regulations.

IN WITNESS WHEREOF the parties of the first and second and fourth parts have caused their respective Common Seals to be hereunto affixed and the Management Trustees have hereunto set their hands and seals the day and year first before written.

THE COMMON SEAL OF BRITISH OVERSEAS AIRWAYS CORPORATION was hereunto affixed in the presence of:

L.S.

D.H. GLOVER

Member

R.M. FORREST

Secretary

THE COMMON SEAL OF BRITISH EUROPEAN AIRWAYS CORPORATION was hereunto affixed in the presence of:

L.S.

M.J. LESTER

Secretary

THE COMMON SEAL OF BOAC RESTAURANTS LIMITED was hereunto affixed in the presence of:

L.S.

D.H. GLOVER

Director

D.G. DODSON

Secretary

THE COMMON SEAL OF BEA HELICOPTERS LIMITED was hereunto affixed in the presence of:

L.S.

J.A. CAMERON

Director

R.D. KEEFE

Secretary

THE COMMON SEAL OF BEA AIRTOURS LIMITED was hereunto affixed in the presence of:

L.S.

W. BAILLIE

Director

R.L. NORTHRIDGE

Secretary

SIGNED SEALED AND DELIVERED by the said RANKIN LORIMER WEIR in the presence of:

R.L. WEIR

CHRISTINE LOOSEN (Secretary)

21, Windsor Road

Bray, Berks

SIGNED SEALED AND DELIVERED by the said ROBERT GILCHRIST CUNNINGHAM in the presence of:

R.G. CUNNINGHAM

M.C. SLATER (Secretary)

1, Burlington Road

Isleworth, Middlesex

THE COMMON SEAL OF AIRWAYS CORPORATIONS JOINT PENSION FUND TRUSTEES LIMITED was hereunto affixed in the presence of:

L.S.

R.L. WEIR

Director

H. BROMAGE

Secretary

EXPLANATORY NOTE

These Regulations amend the Airways Corporations Joint Pension Scheme so as to make provision whereby employees of BEA Airtours Limited, a subsidiary of BEA, can be admitted to the Scheme. Provision is also made for the subsidiary to have the rights and obligations of an employer under the Trust Deed and Rules of the Scheme and for payment of contributions by the subsidiary and its employees.

(1)

(Rev. I, p. 1275; 1948 I, p. 437).

(2)

See S.I. 1948/2361 (Rev. I, p. 1275; 1948 I, p. 437) and amending instruments down to S.I. 1969/834 (1969 II, p. 2338).