Pensions (Increase) Act 1971

PART III Supplementary

14 Adjustment of police pensions

(1) Regulations made under section 1 of the [1948 c. 24.] Police Pensions Act 1948 so as to take effect from 1st September 1971 may, notwithstanding anything in section 3 of that Act, include provisions relating to pensions payable to or in respect of persons who have been members of a police force, but have ceased to be so or died before the date when the regulations come into operation, in so far as those provisions appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act.

(2) Regulations made under section 1 of the Police Pensions Act 1948, and stating that they contain only such provisions as appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act, may be made to take effect from 1st September 1971 although made after that date; and regulations made under that section with respect only to derivative pensions, other than substituted pensions, and stating that they contain only such provisions as appear to the Secretary of State to be necessary or expedient in connection with an order under section 2 above, may be made to take effect from the same 1st September as that order, although made after that date.

(3) Where it appears to the Secretary of State expedient to postpone the operation of this Act with respect to any pensions pending the making with respect to them of provision under section 5(3) above, or the making with respect to them under section 1 of the [1948 c. 24.] Police Pensions Act 1948 of such provision as may be necessary or expedient in connection with the passing of this Act (or pending consideration of the question of making any such provision), he may by regulations under section 1 of that Act provide that, so long as the regulations remain in force, the provisions of this Act other than this section shall not affect those pensions.

(4) Subsections (2) and (3) above shall apply in relation to regulations under section 34 or 35 of the [1964 c. 48.] Police Act 1964, or under section 26 or 27 of the [1967 c. 77.] Police (Scotland) Act 1967, as they apply in relation to regulations under section 1 of the Police Pensions Act 1948.

(5) In any case in which by subsection (2) above regulations under section 1 of the Police Pensions Act 1948 are authorised to be made with retrospective effect, then whether or not they are so made, they may be made without compliance with section 1(7) of that Act (which requires regulations under the section to be approved in draft by both Houses of Parliament); but where by virtue of this subsection any regulations are made without compliance with section 1(7), the statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament; and this subsection shall apply to regulations made by virtue of subsection (3) above as it applies to those authorised by subsection (2) to be made with retrospective effect.

15 Adjustment of fire service pensions

(1) Any order of the Secretary of State varying the Firemen's Pension Scheme with effect from 1st September 1971 may include provisions relating to pensions payable to or in respect of persons who have been members of a fire brigade, but have ceased to be so or died before the date when the order comes into operation, in so far as those provisions appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act.

(2) Any order of the Secretary of State varying the Firemen's Pension Scheme with effect from any 1st September from which an order under section 2 above takes effect may make such provision as appears to the Secretary of State to be necessary or expedient in connection with the order under section 2 for increasing any flat-rate pensions, notwithstanding that the pensions are payable to or in respect of persons who have ceased to be members of a fire brigade or died before the date when the order varying the Scheme comes into operation.

(3) An order of the Secretary of State varying the Firemen's Pension Scheme, and stating that it contains only such provisions as appear to him to be necessary or expedient in connection with the passing of this Act, may be made to take effect from 1st September 1971, although made after that date; and an order of the Secretary of State varying the Scheme, and stating that it contains only such provisions as appear to him to be necessary or expedient in connection with an order under section 2 above, may be made to take effect from the same 1st September as that order, although made after that date.

(4) Where a pension payable under the Firemen's Pension Scheme is or has been granted at the higher of a flat rate and a rate fixed by reference to emoluments, then—

(a) no increase shall be made by virtue of section 1 or 2 above in the flat rate or in any substituted pension computed by reference to the flat rate ; and

(b) the flat rate may be increased by virtue of subsection (2) above as if the pension were a flat-rate pension.

(5) Where a pension payable under the Firemen's Pension Scheme, or any such pension as is mentioned in paragraph 45 or 46 of Schedule 2 to this Act, is or has been granted at the higher of a flat rate and a rate fixed by reference to emoluments, the grant shall have effect, in relation to any period beginning on or after 1st September 1971, as a grant at whichever rate is for the time being the higher after account is taken of the operation of this Act.

(6) Where it appears to the Secretary of State expedient to postpone the operation of this Act with respect to any pensions payable under the Firemen's Pension Scheme pending the making with respect to them of provision under section 5(3) above, or the making with respect to them under section 26 of the [1947 c. 41.] Fire Services Act 1947 of such provision as may be necessary or expedient in connection with the passing of this Act (or pending consideration of the question of making any such provision), he may by order under section 26 of that Act provide that, so long as the order remains in force, the provisions of this Act other than this section shall not affect those pensions; and any order made by virtue of this subsection may be revoked or varied by a further order under section 26.

(7) The order to be made under section 6 above may omit any special provision which, apart from this subsection, would be required for pensions payable under the Firemen's Pension Scheme or for pensions mentioned in paragraph 45 or 46 of Schedule 2 to this Act, if it appears to the Minister for the Civil Service, having regard in particular to any changes or proposed changes in the Scheme, that the provision is more appropriately or conveniently made by regulations under section 5(3) above.

(8) In this section " the Firemen's Pension Scheme " means a scheme in force under section 26 of the [1947 c. 41.] Fire Services Act 1947; but nothing in this section shall authorise any alteration of provisions of the Scheme having effect by virtue of section 27(3) of that Act (which provides for certain features of previous arrangements to be incorporated in the Scheme where a person has so elected under the section), and subsection (4)(a) above shall not prevent an increase being made under this Act in the rate of a pension where the rate depends on section 27(3).

16 Expenses

There shall be defrayed out of moneys provided by Parliament—

(a) any expenditure incurred by a government department under or by virtue of this Act; and

(b) any increase attributable to any provision of this Act in the sums payable out of moneys so provided under any other enactment.

17 Interpretation

(1) For purposes of this Act, unless the context otherwise requires.—

• " basic rate " means the annual rate of a pension apart from any increase under or by reference to this Act or any enactment repealed by this Act, or any corresponding increase made otherwise than under or by reference to this Act or an enactment repealed by it;

• " derivative pension " and " principal pension " mean a pension which is not, and one which is, payable in respect of the pensioner's own services;

• " earnings-related pension " means a pension computed by reference to a rate of emoluments (whether actual emoluments or not and whether final or average emoluments), or payable at alternative rates one of which is so computed, and includes a derivative pension computed by reference to the rate of an earnings-related pension;

• " flat rate " means a rate fixed otherwise than by reference to a rate of emoluments or to the rate of another pension, and " flat-rate pension" means a pension payable at a flat rate only, but includes a derivative pension computed by reference to the rate of a flat-rate pension;

• " local authority " and " local government service " have the meanings given by Schedule 3 to this Act;

• " pension " has the meaning given by section 8 above, "official pension" that given by section 5(1), and " pension authority " that given by section 7(1), and the time when a pension " begins" is that stated in section 8(2);

• " qualifying condition " means one of the conditions laid down by section 3 above ;

• " substituted pension " means a pension granted in consideration of the surrender of the whole or part of another pension (" the original pension ").

(2) References in this Act to an enactment include an enactment in a local Act and a provisional order confirmed by Parliament.

(3) Any power to make regulations which is conferred by this Act is a power exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

18 Repeal, and transitional provisions

(1) The enactments mentioned in Schedule 7 to this Act are hereby repealed to the extent specified in column 3 of the Schedule, but without prejudice to the operation of the repealed provisions as respects any period ending on or before 31st August 1971.

(2) Where at 31st August 1971 authority to increase or supplement any pensions is given by regulations under any enactment repealed by subsection (1) above, being an enactment corresponding to any provision of Part II of this Act, then in respect of any period between that date and the coming into force of regulations under that provision there may be paid on those pensions the like increase or supplement, and the cost shall be defrayed in the same way, as if this Act had not been passed ; and the first regulations made with respect to any pensions under any provision of Part II may take effect from 1st September 1971, notwithstanding that they are made after that date (but not so as to reduce any increase or supplement payable by virtue of this subsection in respect of a period before they come into force).

(3) Where at 31st August 1971 there are in force with respect to any official pensions (other than pensions to which section 14(3) or 15(6) above applies) regulations under any enactment repealed by subsection (1) above, being an enactment corresponding to section 5(3) above, then unless or until regulations come into force under section 5(3) with respect to those pensions, or the Minister for the Civil Service by order made by statutory instrument directs that this subsection shall not apply to them, those pensions shall not be increased in accordance with this Act, but the like increases may be paid as if this Act had not been passed.

(4) Except as otherwise provided by or under this Act, the repeal by this Act of the Pensions (Increase) Acts 1920 to 1969 shall not affect the operation of any provision made otherwise than by or under those Acts and authorising increases in pensions by reference to increases under those Acts or any of them.

(5) The enactments mentioned in Schedule 8 to this Act are hereby repealed to the extent specified in column 3 of the Schedule, but subject to the saving in Part II of the Schedule.

19 Short title and extent

(1) This Act may be cited as the Pensions (Increase) Act 1971.

(2) This Act extends to Great Britain only, except that—

(a) it extends to Northern Ireland in relation to pensions payable under Schedule 8 to the [1920 c. 67.] Government of Ireland Act 1920 (former Irish civil servants) or payable to or in respect of an existing Irish officer within the meaning of that Act under the Superannuation Acts 1834 to 1965, or payable under or by virtue of any other Act extending to Northern Ireland out of the Consolidated Fund of the United Kingdom or out of moneys provided by the Parliament of the United Kingdom; and

(b) it extends to Northern Ireland, the Isle of Man and the Channel Islands in relation to pensions payable by the trustees of a trustee savings bank or by the Inspection Committee of trustee savings banks ; and

(c) section 18(5) and Part II of Schedule 8 extend to Northern Ireland.